CCMinutes20050607.doc
COUNCIL MINUTES
The City Council of the City of Raleigh met in regular session on Tuesday, June 7, 2005 at 1:00 p.m. in the City Council Chamber, Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 West Hargett Street, Raleigh, North Carolina, with the following present:
Mayor Meeker, Presiding
Mr. West
Ms. Craven
Mr. Crowder
Mr. Isley (excused)
Ms. Kekas
Mr. Regan
Ms. Taliaferro
Mayor Meeker called the meeting to order and invocation was rendered by the Reverend Doctor Robert Boofer, Neuse Baptist Church. The Pledge of Allegiance was led by Council Member Craven. The following items were discussed with action taken as shown.
RECOGNITION OF SPECIAL AWARDS
511 COMPETITION – RECOGNITION TO WAKE COUNTY SHERIFF’S DEPARTMENT AND TO RALEIGH POLICE DEPARTMENT GIVEN
Sheriff Donnie Harrelson and Police Chief Jane Perlov recognized Lt. Windsor with the Wake County Sheriff’s Department and Master Officer D. B. McDonald with the Raleigh Police Department and their top finishes in the 511 competition noting that Master Officer McDonald had the highest overall score in the competition.
COMMENDATION – RALEIGH CHARTER HIGH SCHOOL AND ENLOE HIGH SCHOOL
Ms. Glenda Atkinson and Ms. Shayne Klein, representatives of the Raleigh Charter High School indicated that Dr. Thomas Humble who was due to appear has taken ill and they are representing the high school in this presentation. Mayor Meeker read the commendation for the Raleigh Charter High School indicating it has received recognition of being one of the top ten high schools even though the school has only been in existence for very few years. No one was present to represent Enloe High School.
NEUSE WASTEWATER TREATMENT PLANT – AWARDS PRESENTED
Public Utilities Director Crisp indicated the Neuse Wastewater Treatment Plant has received the Gold Award again this year for 2004 from the National Association Clean Water Agencies and recognized Mr. T. J. Lynch who is a supervisor and plant operator. Mr. Lynch pointed out the award is presented due to 100 percent compliance during the 2004 calendar year to all criteria set forth for wastewater treatment plants. He noted there were several thousand parameters to be met so the opportunity for error is very high. They are proud of their compliance, goals and indicated they have met these goals for the past two years with zero NPDES violations.
CITY CLERK – ABSENT – RECOGNIZED DEATH IN HER FAMILY
Mayor Meeker pointed out that the City Clerk Ms. Gail Smith was absent at this meeting due to the death of her sister who was a leader in Duplin County and a very strong supporter of NC State University.
SPECIAL OLYMPICS – EFFORTS RECOGNIZED
Mayor Meeker indicated they’ve had an outstanding Special Olympics event this year with over 1100 athletics competing; pointing out this is the 11th year for Raleigh and its Parks and Recreation Department hosting the Special Olympics.
MEAC – RALEIGH TO HOST TOURNAMENT
Mayor Meeker indicated Raleigh is going to be the future host city for MEAC for year 2006 to 2008, noting that an agreement will be prepared and be available for consideration by Council to act as the host city for this wonderful tournament.
“HOT SUMMER NIGHTS” AT THE BTI CENTER – COMMENTS MADE
Mayor Meeker indicated if anyone has not had an opportunity to visit BTI Center to see any of the plays during their “Hot Summer Nights” presentations they should make an opportunity to go. There are five shows that consist of Broadway talent. Each show plays for two weeks and the shows are outstanding and encouraged everyone to attend.
CONSENT AGENDA
CONSENT AGENDA – APPROVED AS AMENDED
Mayor Meeker presented the Consent Agenda indicating all items are considered routine and maybe enacted by one motion. If a Councilor request discussion on an item, the item will be removed from the Consent Agenda and considered separately. He explained the vote on the Consent Agenda will be a roll call vote. Mayor Meeker indicated he had received requests from Mr. Regan, Mr. Crowder and Ms. Taliaferro to withdraw the following items from the Consent Agenda. Planning/Public Works – Transit; Change Orders – E. M. Johnson Water Treatment Plant; Change Orders – Johnson/Litchford Road Annexation Area Water and Sewer Improvements Project; Public Works Transfer; and Bids – BTI Performing Arts Center Kitchen. Without objection 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 Ms. Kekas and a roll call vote resulted in all members voting in the affirmative. (Isley excused) The Mayor ruled the motion adopted. The items on the Consent Agenda were as follows.
AUTHORIZATION TO FILE AN APPLICATION FOR A VARIANCE - APPROVED
On March 1, 2005, the City Council adopted Resolution 2005-422, authorizing the sale of the City-owned property at 110 South East Street to All Saints Anglican Church. City procedures require developers to secure all development approvals prior to the closing of a land sale. The proposed off-street parking for the All Saints Chapel relocation project does not meet the current zoning standards as the property is not large enough to accommodate the projected number of spaces. As a result, an application to file for a variance is necessary.
Recommendation: Approve filing an application for a variance to the Board of Adjustment concerning off-street parking requirements for the All Saints Chapel project. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
EAST MILLBROOK MIDDLE SCHOOL - AMENDMENT TO LEASE AND JOINT USE AGREEMENT – APPROVED CHANGES; CITY MANAGER TO EXECUTE
The Wake County Public Schools System and the City of Raleigh entered into an agreement for lease and joint use of recreation areas of East Millbrook Middle School and Spring Forest Road Park on February 2, 1993 for a term of twenty years. The Board and City desire to immediately amend the agreement to exclude the school’s baseball and softball fields. The Board desires to utilize the land to construct an educational facility, and as such, the City desires to temporarily relinquish its use and maintenance responsibilities of the land.
The draft amendment, in the agenda packet, has been developed by the staffs of Wake County Public Schools and the City.
Recommendation: Approve the changes to the East Millbrook Middle School Agreement and authorize the City Manager to fully execute. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
LOAN PORTFOLIO MANAGEMENT – AMERINATIONAL COMMUNITY SERVICES TO PROVIDE MANAGEMENT SERVICES
The Community Development Department, with Federal (CDBG and HOME) grant funds and an allocation of Bond and City funds, provides zero and low-interest rate loans to assist eligible homeowners, homebuyers, landlords and developers. All program beneficiaries must be low or moderate-income persons. Staff has serviced new loan originations since March 2001. To date the total number of loans being serviced is 700, with no additional staff to support the demands. It is anticipated that the growth in new loans will continue. Currently the City’s loan portfolio totals $35 million.
As a result, in October 2004 a request for proposal was issued soliciting proposals from qualified lending agencies to provide loan portfolio management services. Three agencies responded. A committee consisting of staff from the Community Development and Finance Departments was formed to review the proposals and interview the candidates. The committee unanimously recommended AmeriNational Community Services, Inc. AmeriNational possesses the expertise required to service all loan types unique to the government lending industry. The company currently services more than 34,000 residential and commercial/economic development loans totaling over $1.8 billion. The estimated contract price is $108,000 per year. Funds are available in the Community Development CIP and Federal budgets.
Recommendation: Approve the selection of AmeriNational Community Services, Inc. to provide loan portfolio management services for the City’s affordable housing loan portfolio and to enter into a three-year contract for the services. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
PROPOSED BUDGET - DOWNTOWN RALEIGH ALLIANCE – RECEIVED AS INFORMATION
The Downtown Raleigh Alliance (DRA) submits its proposed 2005-06 budget for Council review. The budget was approved by the DRA board at its May 18th board meeting. A copy of the budget is provided in the agenda packet.
Recommendation: Receive as information. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
SEWER BACKWATER VALVE LOAN PROGRAM CHANGE – APPROVED INCREASE TO LOAN AMOUNT
For several years, the City has had a program of free evaluations of homes that may need sewer backwater valves and interest free loans for the valve installations when needed. This program has been successful, although not extensively utilized. The program includes a maximum loan amount of $300, which covers the cost of most backwater valve installations. However, some of the homeowners who most need the loan program are those whose installations are more expensive, as is sometimes the case. It is proposed that the maximum loan amount be increased to $5,000 for this program. The loan repayment period will remain the same at 12 months.
Recommendation: Approve the increase of the maximum loan amount to $5,000 for the sewer backwater valve loan program. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
PETITION ANNEXATIONS – SATELLITE PETITIONS – PUBLIC HEARING TO BE HELD
|Area Name Contiguous |Petitioner |Acres |Proposed Use |
|GE Capital |Kenneth MacKenzie, Transport International Pool, Inc. |20.00 |Industrial |
|Wake Chapel Church |John J. Wilkins, Jr., Wake Chapel Church, Inc. |47.62 |Institutional |
Recommendation: That the above annexation petitions be acknowledged and that Council request the City Clerk to check their sufficiency pursuant to State statutes, and if found sufficient advertise for public hearings on Tuesday, June 21, 2005. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
STREET CLOSINGS – VARIOUS STREETS FOR VARIOUS EVENTS – APPROVED CONDITIONALLY
The agenda presented the following requests for temporary street closings.
July 4th Parade - Various Street Closures
Tom Melton, representing the Meredith Woods Subdivision, would like to hold a parade on Monday, July 4, 2005 from 11:00 a.m. to 12:00 p.m.
2005 Raleigh Christmas Parade - Various Street Closures
John Odom, representing the Greater Raleigh Merchants Association, would like to hold a parade on Saturday, November 19, 2005 from 8:00 a.m. to 1:00 p.m.
Rain Date: Sunday, November 20, 2005 from 12:30 p.m. to 4:30 p.m.
5k Road Race - Various Street Closures
William Lane, representing the Autism Society of North Carolina, would like to hold a road race on Saturday, October 8, 2005 from 8:30 a.m. to 10:30 a.m.
22nd Annual Old Reliable Run Various Street Closures
Butch Robertson, representing the Triangle United Way, would like to hold four road races on Sunday, November 13, 2005 from 9:00 a.m. to 5:00 p.m.
300 Block of South West Street between Martin Street and Davie Street
Nish Egerton, representing Clear Channel and the Office Nightclub, requests a street closure on Friday, June 24, 2005 from 5:00 p.m. to Saturday, June 25, 2005 at 1:00 a.m. for a street party.
Chavis Way from East Lenoir Street to Holmes Street and Holmes Street From Chavis Way to Martin Luther King
Donnie Muhammad, representing the Muhammah Study Group of Raleigh, requests a street closure on Sunday, June 19, 2005 from 9:00 a.m. to 8:00 p.m. for a commemoration of the 10th Anniversary of the Million Man March.
00 Block of Edenton Street between Wilmington Street and Salisbury Street
Ed Morris, representing the Capital Grounds and in conjunction with the North Carolina Museum of History, requests a street closure on Monday, July 4, 2005 from 9:30 a.m. to 3:30 p.m. for a celebration of July 4th.
100 and 200 Block of West Lee Street from Fayetteville Street to Walnut Street
Marion Wright, representing the Walnut Terrace Reunion Group, requests a street closure on Saturday, July 16, 2005 from 7:00 a.m. to 5:00 p.m. for a reunion celebration.
100 Block of East Cabarrus Street between Wilmington Street and Blount Street
Pat Dickenson, representing the Lincoln Theater, requests a street closure on Saturday, August 20, 2005 from 10:00 a.m. to Sunday, August 21, 2005 at 2:00 a.m. and Saturday, October 1, 2005 from 10:00 a.m. to Sunday, October 2, 2005 at 2:00 a.m. for a live outdoor entertainment event. Mr. Dickenson is requesting a waiver of all City ordinances pertaining to the possession and consumption of alcohol on City property and ordinances pertaining to amplified noise.
2000 Block of McDonald Lane between Oberlin Road and Colonial Road
Gerald Groon, representing White Memorial Presbyterian Church, requests street closures on Sunday, August 28, 2005 from 3:00 p.m. to 8:00 p.m. for a church celebration.
100 Block of East South Street between Wilmington Street and Blount Street
Juanda Holley, representing Shaw University, requests a street closure on Friday, October 14, 2005 from 1:00 p.m. to 6:00 p.m. for homecoming festivities.
Recommendation: Approval of the requests subject to conditions noted on reports included in the agenda packet. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
SIDEWALK REPAIRS – VARIOUS LOCATIONS – RESOLUTION OF INTENT SETTING PUBLIC HEARING ADOPTED
It is requested that a public hearing be authorized to consider a project to repair broken sidewalks at the following locations:
LOCATION TAX ID NUMBER APPROXIMATE COST
210 East Six Forks Road 0067027 $1,091.30
506 North Harrington Street 0043838 $1,214.00
620 North West Street 0016022 $2,264.00
4404 Liverpool Lane 0166583 $189.00
501 North Dawson Street 0039121 $610.00
1932 Ridge Road 0077134 $381.50
506 Capital Boulevard 0092664 $3,312.50
508 Capital Boulevard 0043521 $175.00
404 Capital Boulevard 0109521 $1,645.00
412 Capital Boulevard 0017936 $1,280.00
406 Capital Boulevard 0055575 $1,357.50
This work is to be assessed at 100 percent of actual cost to the adjacent property owner in accordance with Section 6-2023 of the City Code with payment due upon completion or over a ten (10) year payment option period.
Recommendation: Adopt a resolution-of-intent for a Tuesday July 5, 2005 public hearing to consider the improvements. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Resolution 536.
REZONING – PUBLIC HEARING SCHEDULED
The Planning Department has received 14 requests for rezoning to be held at the Tuesday, July 19, 2005 public hearing. There may be several text changes and comprehensive plan amendments.
Recommendation: One hearing to be scheduled at 6:30 p.m. on the evening of Tuesday, July 19, 2005 and that the zoning tour be held on Monday, July 18, 2005 at 8:30 a.m. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
WATER EASEMENT SALE - 4243 POOLE ROAD IN RALEIGH - APPROVED
A request has been received from Claudia Hogan, Assistant General Counsel of Shurgard Storage Centers, Inc., for the City to sell an existing waterline easement at 4243 Poole Road in Raleigh. Staff has determined that this easement is no longer needed by the City due to the water main that was to be installed in the subject easement was rerouted and installed in the right-of-way of New Hope Road during the road construction. Plans have been approved by the City of Raleigh Public Utilities Department.
Recommendation: Approve the easement sale and authorize the City Clerk to advertise. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Resolution 537.
CONTRACT AMENDMENT - E.M. JOHNSON WATER TREATMENT PLANT LABORATORY INFORMATION MANAGEMENT SYSTEM PROJECT - AMENDMENT #1 – APPROVED AMENDMENT AND TRANSFER
The City currently has an agreement with Camp Dresser & McKee for the E.M. Johnson Water Treatment Plant Laboratory Information Management System Project. Amendment #1 in the amount of $149,250 is for upgrading the water plant and laboratory data management systems by improving the information sharing capabilities of utilities data which will also help provide for planning and maintenance operations.
Recommendation: Approve Amendment #1 and the budgetary transfer.
Transferred From:
348-9164-79001-975 Utility Information Mgmt Evaluation $149,250.00
Transferred To:
348-8820-79201-975 Lab Info Mgmt System $149,250.00
Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Ordinance 840TF22.
POSITION RECLASSIFICATION - FINANCE DEPARTMENT - APPROVED
The Finance Department currently has a full-time temporary Payroll Technician position (pay grade 28) in its Payroll Division. Due to staffing requirements needed from the Payroll Division for the Time and Attendance project for testing, training, implementation and finalization as well as Payroll resources needed for a future upgrade and enhancement of our Genesys Payroll system, it is requested that this position be converted to a permanent status. This reclassification is necessary to effectively address increasing Payroll processing needs as well as provide support for the Payroll office and assistance with these important ongoing projects.
Funding is available within the current Finance budgets.
Recommendation: Approve request. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
ENCROACHMENT REQUESTS – VARIOUS – APPROVED SUBJECT TO CONDITIONS
805 Welford Road
A request has been received from Calvin Lucas to encroach on City right-of-way for the purpose of maintaining an existing fence. A report is in the agenda packet.
401 North West Street and onto North and Tucker Streets
A request has been received from Marlowe & Moye, LLC to encroach on City right-of-way for the purpose of installing plantings and maintaining an existing building. A report is in the agenda packet.
311-313 Glenwood Avenue
A request has been received from Hibernian Restaurant & Pub to encroach on City right-of-way for the purpose of installing an awning, lighting and tree. A report is in the agenda packet.
In the median/islands on Wind Mountain Lane between Silver View Lane and Lagrange Drive
A request has been received from Mark Farrell, Long Lake HOA to encroach on City right-of-way for the purpose of installing trees, lighting and brick pavers. A report is in the agenda packet.
Recommendation: Approve the encroachments subject to conditions outlined in the administrative report. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
BUDGET AMENDMENTS – VARIOUS – ORDINANCE ADOPTED
The agenda presented the following recommended budget amendments.
Fire - $250.00 - To accept a donation from Quintiles/Innovex for fire education.
Public Works - $500,000.00 - To provide funds for the purchase of fuel and motor lubricants in support of the City’s Vehicle Fleet Maintenance Program. The source of these revenues is expenditures from individual department’s vehicle maintenance and operations accounts.
The agenda outlined the revenue and expenditure accounts involved and the reasons for the budget amendments.
Recommendation: Approval of budget amendments as outlined. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Ordinance 840TF22.
REIMBURSEMENT CONTRACT – THOROUGHFARE FACILITY FEE - APPROVED
The agenda presented the following thoroughfare facility fee reimbursement contract.
2004-#1 Thoroughfare Facility Fee
Doris Avery/
Sunnybrook Road/
Priority 2 Project
Total Reimbursement $1,976.70
Recommendation: Approval. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused)
CONDEMNATION – SKYCREST ROAD – SKYCREST/DOGWOOD ANNEXATION AREA – RESOLUTION ADOPTED
City staff has been unable to locate the owners of 3216 Skycrest Road. Staff experienced the same problem in 1990 when right-of-way was needed for the widening of Skycrest Road. It is recommended that a resolution of condemnation be authorized for the following:
Project Name: Skycrest/Dogwood Annexation Area
Name of property owners(s): Andor Incorporated
Location: 3216 Skycrest Road
Recommendation: Adopting a resolution of condemnation. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Resolution 538.
LAKE WOODARD OPERATIONS CENTER EXPANSION PROJECT - CHANGE ORDER #3 - BORDEAUX CONSTRUCTION COMPANY – APPROVED – FUNDS APPROPRIATED
This change order is for a net increase of $730,800.
Reason:
For building the second floor on the north side of the building, which was not included in the original contract. Due to addition of personnel space needs in the Water Billing Division of Finance, the second floor is now needed.
History:
Original contract amount $4,883,691.00
Previous net changes (ADD) $90,038.00
New contract amount $5,704,529.00
Budgetary accounts to be amended:
Transferred From:
348-8896-79001-975 DE Benton WTP $730,800.00
Transferred To:
348-9156-79202-975 Lake Woodard Ops Center Expansion $730,800.00
Recommendation: Approve the change order in the amount of $730,800.00 and the budgetary transfer. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Resolution 840TF22.
TRANSFERS – VARIOUS DEPARTMENTS – ORDINANCE ADOPTED
The agenda presented transfers in Parks and Recreation, Public Utilities and Public Works Department. The agenda outlined the reasons for the transfers and the code accounts involved.
Recommendation: Approval of the transfers as outlined. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Ordinance 840TF22.
PU – 2005-9 - THELMA STREET AND FRAZIER DRIVE – RESOLUTION ADOPTED
PU 2005-9 calls for the installation of approximately 790 linear feet of 8-inch water main. In Thelma Street and Frazier Drive. The estimated cost of the project is $40,000 and assessments would be on a per foot basis.
Recommendation: Adopt a resolution-of-intent to schedule a public hearing on Tuesday, July 5, 2005. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Resolution 539.
PU – 2005-10 – THELMA STREET AND FRAZIER DRIVE – RESOLUTION OF INTENT ADOPTED
PU 2005-10 calls for the installation of approximately 690 linear feet of 8-inch sanitary sewer main in Thelma Street and Frazier Drive. The estimated cost of the project is $45,000.00 and assessments would be on area served and a per foot basis.
Recommendation: Adopt a resolution-of-intent to schedule a public hearing on Tuesday, July 5, 2005. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Resolution 540.
TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED
The agenda presented recommended changes in the traffic code relating to no parking on portions of Jeffreys Creek Lane, Stannard Trail; no parking zone removal on West Street; and temporary traffic schedule changes on Martin 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. Upheld on Consent Agenda Taliaferro/Kekas – 7 ayes. (Isley excused) See Ordinance 841.
END OF CONSENT AGENDA
PLANNING/PUBLIC WORKS – TRANSIT - APPROVED
The following accounts should be increased by:
Revenue Accounts:
415-7493-51328-000 FTA Grant $147,339.00
415-7493-51324-000 NCDOT Match 18,417.00
415-7493-85525-000 City of Raleigh Match 18,417.00
$184,173.00
Expense Account:
415-7493-79201-975 Design/Planning $184,173.00
Purpose:
To budget accounts for a grant from the Federal Transit Administration. The focus of the grant is for the planning and design work necessary for the Downtown Raleigh Transportation Center with 10% matches provided by NCDOT and the City of Raleigh.
Mr. Regan indicated it was he that withdrew the item from the Consent Agenda indicating he would state his normal constitutional objection. Mayor Meeker moved approval of the budget amendment as outlined. His motion was seconded by Ms. Taliaferro. The motion as stated was put to a roll call vote which resulted in all members voting in the affirmative except Mr. Regan who voted in the negative. (Isley excused) The Mayor ruled the motion adopted.
E.M. JOHNSON WATER TREATMENT PLANT SLUDGE HANDLING MODIFICATIONS PROJECT - CHANGE ORDER #1 - T.A. LOVING COMPANY – APPROVED – FUNDS APPROPRIATED
This change order is for a net increase of $370,613.76.
Reason:
For modifications to the rapid mix system and to the sludge handling pump station.
History:
Original contract amount $137,000.00
New contract amount $507,613.76
Budgetary accounts to be amended:
Transferred From:
348-9207-79001-975 EM Johnson Facility Rehabilitation $370,613.76
Transferred To:
348-8827-79202-976 Water Plant Sludge Thickener Equip $370,613.76
Recommendation: Approve the change order in the amount of $370,613.76 and the budgetary transfer.
Mr. Crowder indicated it was he that withdrew the item from the Consent Agenda as he was questioning why this is such a large change order.
Public Utilities Director Crisp indicated they had a very narrow window in order to get this done and it is a matter of replacing the mixer and pump for this pump station. Mr. Crowder confirmed it was a mechanical failure that caused this with Mr. Crisp indicating it was.
A motion was made by Mr. Crowder to approve the change order as outlined in the agenda. His motion was seconded by Ms. Taliaferro. The motion as stated was put to a roll call vote which resulted in all members voting in the affirmative. (Isley excused) The Mayor ruled the motion adopted.
JOHNSDALE/LITCHFORD ROAD ANNEXATION AREA WATER AND SEWER IMPROVEMENTS PROJECT - CHANGE ORDER #3 - PARK CONSTRUCTION CORPORATION – APPROVED – FUNDS APPROPRIATED
This change order is for a net increase of $203,620.
Reason:
For installation of approximately 1,100 linear feet of 8-inch sanitary sewer including a bore and jack under Dixie Forest Road.
History:
Original contract amount $1,874,374.81
Previous net changes (ADD) $30,494.38
New contract amount $2,108,489.19
Budgetary accounts to be amended:
Transferred From:
349-9031-79001-975 Access to Siphons $203,620.00
Transferred To:
349-9233-79202-975 Johnsdale Annexation Area $203,620.00
Recommendation: Approve the change order in the amount of $203,620.00 and the budgetary transfer.
Mr. Crowder indicated it was he that withdrew this item from the Consent Agenda as he was questioning the amount of the change order.
Public Utilities Director Crisp explained the alignment for the landscape buffer had to be changed because of a driveway closing. If the proposed alignment were to remain in place then the tree buffer would be eliminated. They are currently negotiating with the North Carolina Department of Transportation on this change of location which is going to require a bore and jack under Dixie Forest Road. He indicated with the bore and jack makes this change order very expensive.
A motion was made by Mr. Crowder to approve the change order as outlined on the agenda. His motion was seconded by Ms. Taliaferro. The motion as stated was put to a roll call vote which resulted in all members voting in the affirmative. (Isley excused) The Mayor ruled the motion adopted.
PUBLIC WORKS – APPROVE TRANSFER – ORDINANCE ADOPTED
It is recommended that the following transfers be authorized:
Transferred From:
100-2615-71213-233 Advertising $ 900.00
100-2615-71102-232 Equipment Rental 10,376.00
100-2615-71209-233 Landfill Fees 12,642.00
100-2615-70890-232 Contractual Service 23,000.00
$46,918.00
Transferred To:
251-2615-76225-232 Replacement Equipment $ 900.00
251-2615-76225-233 Replacement Equipment 12,642.00
251-2615-75225-233 New Equipment 33,376.00
$46,918.00
Purpose: To purchase new equipment for the graffiti removal program, one replacement street sweeper and two air compressors.
Ms. Taliaferro indicated the Council is considering graffiti removal in the budget as well as the street sweeper and questioned the relationship of this transfer request to those items. Mr. Allen indicated staff is simply trying to get ready to go by July 1 and get a jump start on the process for getting the street sweeper ordered. Mr. Carl Dawson, Public Utilities Director indicated they have pursued a transfer because the bids that were received were over the budgeted amount. Ms. Taliaferro indicated in the next budget they are looking at the approval of an additional street sweeper and questioned if there is any cost benefit of buying two at one time. Mr. Dawson indicated in this instance there would not. Getting the second sweeper would take an additional year. The process for the sweeper that is before them has been in the process for awhile. Ms. Taliaferro indicated she would support the request for the street sweeper but would defer to her colleagues about the graffiti removal equipment. Mayor Meeker indicated he was comfortable at this time approving the transfer. Mr. Crowder added perhaps the Parks Department could use the equipment as well.
A motion was made by Ms. Taliaferro for approval of the transfer as outlined in the agenda. 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 Ordinance 840TF22.
BIDS - BTI PERFORMING ARTS CENTER KITCHEN – APPROVED – DIAMOND CONTRACTING, INCORPORATED AND FUNDS TRANSFER
Bids were received on May 19, 2005 for the construction of a new kitchen at the BTI Performing Arts Center, with Diamond Contracting, Inc. submitting the low bid of $351,577.
MWBE participation is 12%.
Recommendation: Approve the low bid of Diamond Contracting, Inc. in the amount of $351,577, and authorize the appropriate transfers to establish funding.
Transferred From:
646-8898-79001-975 BTI Annual Maintenance $320,937.00
Transferred To:
646-9380-79202-975 BTI Kitchen Construction $310,937.00
646-9380-79499-975 Other Project Cost 10,000.00
$320,937.00
Mr. Crowder indicated he had withdrawn this item from the Consent Agenda as he had heard some concerns about the electrical bid being very low and questioned whether there were any concerns from staff over this. Mr. Allen indicated he had not heard about this and at this time Administration was okay with the recommendation from staff.
Mr. Regan indicated he would vote against this request as he feels there are other priorities that would take precedent.
A motion was made by Mr. Crowder to approve the low bid of Diamond Contracting and transfer as outlined in the agenda. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative with the exception of Mr. Regan. (Isley excused) See Resolution 840TF22.
REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION
PLANNING COMMISSION CONSENT AGENDA – APPROVED AS AMENDED
Mayor Meeker presented the Planning Commission Consent Agenda pointing out it would be handled in the same manner as the regular Consent Agenda. He indicated he had received a request from Ms. Taliaferro to withdraw Z-27-05 and Z-28-05 and a request from Ms. Taliaferro and Mr. Crowder to withdraw TC-24-04. Without objections the items were withdrawn from the Planning Commission Consent Agenda. Ms. Taliaferro moved the Planning Commission’s recommendation on the remaining items on the Consent Agenda be upheld. 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. The items on the Planning Commission Consent Agenda were as follows.
Z-24-05 – LASSITER MILL ROAD, WEST SIDE, SOUTHWEST QUADRANT OF ITS OVERPASS WITH THE I-440 BELTLINE (CRABTREE CREEK) – APPROVED – ORDINANCE ADOPTED
This request is to rezone approximately 2.25 acres, currently zoned Residential-4 with Special Highway Overlay District-1. The proposal is to rezone the property to remove the Special Highway Overlay District-1.
CR-10828 from the Planning Commission recommends that this request be approved. Planning Commission recommendation upheld on Consent Agenda Taliaferro/Meeker – 7 ayes. (Isley excused) The Mayor ruled the motion adopted. See Ordinance 842ZC570.
Z-25-05 – SIX FORKS ROAD, EAST SIDE, NORTH OF OAKLAND DRIVE INTERSECTION, CONDITIONAL USE **(BIG BRANCH) – APPROVED – ORDINANCE ADOPTED
This request is to rezone approximately 0.51 acre, currently zoned Residential-4. The proposal is to rezone the property to Office and Institution-1 Conditional Use.
CR-10829 from the Planning Commission recommends that this request be approved in accordance with conditions dated May 25, 2005; and that the Comprehensive Plan be amended to locate the subject property on the non-residential side of the policy boundary line. Planning Commission recommendation upheld on Consent Agenda Taliaferro/Meeker – 7 ayes. (Isley excused) See Ordinance 842ZC570.
Z-10-05 – 2-YEAR WAIVER REQUEST - APPROVED
This request is for a waiver of the 2-Year Waiting Period.
CR-10832 from the Planning Commission recommends that this request be approved. Planning Commission recommendation upheld on Consent Agenda Taliaferro/Meeker – 7 ayes. (Isley excused)
Z-69-04 – 2-YEAR WAIVER REQUEST - APPROVED
This request is for a waiver of the 2-Year Waiting Period.
CR-10833 from the Planning Commission recommends that this request be approved. Planning Commission recommendation upheld on Consent Agenda Taliaferro/Meeker – 7 ayes. (Isley excused)
CP-12-05 – BUFFALOE ROAD REALIGNMENT – APPROVED – ORDINANCE ADOPTED
This request is for an amendment to the Comprehensive Plan Thoroughfare Plan to realign the proposed intersection of Buffaloe Road where it intersects the future extension of Spring Forest Road.
CR-10834 from the Planning Commission recommends adoption of the proposed intersection realignment. Planning Commission recommendation upheld on Consent Agenda Taliaferro/Meeker – 7 ayes. (Isley excused) See Resolution 541.
END OF PLANNING COMMISSION CONSENT AGENDA
(Z-27-05 and Z-28-05 were discussed in conjunction with one another.)
Z-27-05 – SPRING FOREST ROAD, SOUTH SIDE, WEST OF LOUISBURG ROAD INTERSECTION, CONDITIONAL USE **(BEAVERDAM CREEK) – APPROVED – ORDINANCE ADOPTED
This request is to rezone approximately 2.31 acres, currently zoned Rural Residential. The proposal is to rezone the property to Residential-6 Conditional Use.
CR-10830 from the Planning Commission recommends that this request be approved in accordance with conditions dated May 16, 2005.
Z-28-05 – SPRING FOREST ROAD, SOUTH SIDE, WEST OF LOUISBURG ROAD INTERSECTION, CONDITIONAL USE **(BEAVERDAM CREEK) - APPROVED – ORDINANCE ADOPTED
This request is to rezone approximately 6.0 acres, currently zoned Rural Residential. The proposal is to rezone the property to Residential-6 Conditional Use.
CR-10831 from the Planning Commission recommends that this request be approved in accordance with conditions dated May 23, 2005.
Mark Everette representing the Planning Commission indicated both these items were discussed together and conditioned together. They consist of single-family detached dwelling units with a minimum square footage condition, limit access on Spring Forest Road to 1 point, and have also conditioned to stub the street to the property line if the properties to not develop together. The Planning Commission feels the conditions as provided do provide adequate protection to the neighborhood.
Ms. Taliaferro indicated she would like some protections in place as she does not want a situation with the stub street where several years from now people will come back and indicate the street was never meant to be connected.
A motion was made by Ms. Taliaferro for approval of the request as presented. Her motion was seconded by Mr. Crowder and a roll call vote resulted in all members voting in the affirmative. (Isley excused).
Mr. Everette indicated there is a deeded access easement and that should address Ms. Taliaferro’s concerns.
TC-24-04 – PLANNED DEVELOPMENT DISTRICT – REFERRED TO COMPREHENSIVE PLANNING COMMITTEE
This request is to amend the provisions of the Planned Development Conditional Use Overlay District to require a preliminary review process by the Planning Commission prior to official submittal and to incorporate incentives for utilizing the City’s Urban Design Guidelines for Mixed-Use Neighborhood and Village Centers.
CR-10835 from the Planning Commission recommends that this request be approved, as revised.
Mr. Everette indicated this item has been reviewed by the Planning Commission Site Plan Committee and explained this text change proposes to provide opportunities to streamline the Planned Development District process to let the applicant provide preliminary feedback as a result of comments from the Planning Commission. The Planning Commission took a considerable amount of time looking at all sides of this and he feels they have made substantial progress in making the process more predictable. It includes key elements of the Urban Design Guidelines that must be addressed by the applicants and if the applicant complies with those guidelines preliminary site plan approval will be recommended.
Mr. Crowder indicated he would like to see this item go to Comprehensive Planning Committee. Ms. Taliaferro indicated the original draft of this document was coming through the Planning Commission when she and Mr. Crowder both served on the Planning Commission. She would also like to see this referred to Committee just to make sure they are still on the right track.
Mayor Meeker indicated the item without objection would be referred to Comprehensive Planning Committee.
SPECIAL ITEMS
ISLAMIC CENTER PARKING – METHOD AREA – REMOVED WITH NO ACTION
Reverend Renee’ Bethea, representing the Method Civic League, appeared before Council on May 3, 2005 and expressed concerns about on-street parking associated with the expansion of the Islamic Center. Administration was asked to prepare a report which is in the agenda packet.
Recommendation: Receive the report as information.
Mr. Crowder indicated he has seen significant improvements in the area with the parking situation and the acquisition of additional on street parking that can be used for the members of the Islamic Center. He indicated if problems arise the community has agreed to let them know of their concerns.
Mayor Meeker indicated that without objection the item would be removed from the agenda with no action.
TRANSIT PASSES – NONPROFITS – SPECIAL ITEM JUNE 21, 2005
During the May 3, 2005 Council meeting, the Budget and Economic Development Committee was prepared to make the following recommendation:
By split vote, the Committee recommends that this item be removed from Committee and placed on this agenda for discussion at the Council table.
At the request of Mayor Meeker, it was agreed to hold discussion on the item to receive further information from Administration as well as a recommendation from the Transit Authority and place the item on the May 17 agenda for consideration. The Transit Authority is still discussing these passes and requests additional time for review.
During the May 17 meeting it was pointed out the Transit Authority is still discussing the item and it was suggested that it be placed on this agenda for consideration and a report. Mike Summerlin, Chairman of the Transit Authority, will present the report at the meeting.
Mayor Meeker indicated this item would be held over as a special item on the June 21st agenda as Mr. Summerlin is related to the family of the City Clerk and is attending the funeral and has asked that this item be held. There were no objections.
TRANSPORTATION BOND ISSUE – REFERRED TO BUDGET WORK SESSION
During the May 17, 2005 Council meeting the Budget and Economic Development Committee made the following report:
By split vote, the Committee recommends the Council consider moving forward with a $60 million transportation bond issue with the projects as recommended by Administration with the following changes for an October 11, 2005 referendum.
The neighborhood traffic calming program be renamed traffic calming and pedestrian safety program; the Jones Franklin Road, Part B improvements are to be deleted from the Bond Program and funding be added to improve Lake Wheeler Road with asymmetric widening to a three lane cross section with curb and gutter and sidewalk on one side at the proper location for the ultimate cross section; include $3 million for Hillsborough/Morgan Street improvements.
The vote on the motion failed 4-3. Mrs. Taliaferro was not present at the meeting. The Mayor directed that the item be placed on this agenda for further consideration.
Mayor Meeker indicated he felt it was appropriate to forward this item on to be discussed during Budget Work Session and he would receive comments during the evening session of the Council meeting.
A motion was made by Mayor Meeker to refer this item to Budget Work Session. His motion was seconded by Mr. Crowder.
Ms. Taliaferro indicated she would support this item being referred to the Budget Work Session but would not support the commitment to the allocation that is shown in the information. Mayor Meeker indicated that referring it to Budget Work Session for discussion does not indicate support of the item that are shown.
A roll call vote was taken on the motion as stated that resulted in all members voting in the affirmative. (Isley excused)
COMMUNITY DEVELOPMENT LOAN - APPROVED
Mr. West reported by split vote, the Budget and Economic Development Committee recommends approval of a small business loan request for $50,000 for the renovation of space for a Big Easy restaurant on Fayetteville Street. Owners are Steve Hunt, Dave Soprano and Andrew Seagle. The term of the loan is seven years at an interest rate of 5.75%. This restaurant is to be located in the old Hardee’s building on Fayetteville Street. The funds for the loan will come out of the City’s portion of the Small Business Success Program designated by Council for downtown business loans.
During the May 17 meeting, it was reported that one of the owners had offered additional collateral and it was directed that the item be placed on this agenda for further consideration.
A motion was made by Ms. Taliaferro for approval of the small business loan request for $50,000 as outlined in the agenda. Her motion was seconded by Mr. West.
Mr. Regan indicated he would vote against the motion as stated. He feels government should not be involved in the business of making loans. He does not understand why there would be preferential treatment for one business over another to bring business into the downtown area. This is something the government should not be doing.
Mr. West he indicated it is important that Mr. Regan understands how society is structured. There is a capital gap based on relationships with other people and he feels under the circumstance this is an excellent proposal.
Mr. Regan indicated the free market should be given more credit. There is typically an excellent return on the investment.
Mayor Meeker indicated he would like to extend a thank you to Mr. Crowder for his work on this item.
A roll call vote was taken on the motion for approval that resulted in all members voting in the affirmative with the exception of Mr. Regan. (Isley excused)
ENTERTAINMENT ORDINANCE – APPROVED AS REVISED – ORDINANCE ADOPTED
This item has appeared on several agendas. During the May 17 meeting, the City Attorney was directed to draft an ordinance relating to amendments to the Entertainment Ordinance along the lines suggested in the memorandum that had been provided to Council with some alternatives to be provided. It was agreed that the distance requirement issue would be handled separately.
City Attorney McCormick indicated he has distributed a revised document other than the draft ordinance that was in the packet. There had been minor revisions to the ordinance that incorporated suggestions from the last Council meeting. Mr. McCormick explained the brief revisions to the ordinance that was included in the agenda packet.
Mr. Crowder indicated he still had some concerns regarding violations that include drug arrest, but not dealing with noise, nuisance and hours of operation. Mr. McCormick indicated Council’s direction addressed only one paragraph of the ordinance. Other issues are currently addressed in the ordinance. The issue of radius was not included by the Council in their direction.
Mr. West questioned “probable cause” by a magistrate. Mr. McCormick explained that a magistrate or judge must determine whether “probable cause” exists. This is simply adding a level of protection. There are some people who are concerned about the issuance of a citation versus a conviction and what is proposed will fall in between. Mr. West indicated it seems like this may add some validity without additional red tape.
Ms. Kekas indicated there is also the issue of the time element involved with the number of months and establishment must maintain a good record. She would like to have at least 9 months as the majority of violations occur during the summer months. Ms. Taliaferro indicated she felt 9 months was a good suggestion and she would question the third paragraph in the ordinance regarding the shared parking. If an establishment is sharing parking and is found to be unattended and unsecured what will happen. Mr. McCormick explained the process by which shared parking holders are held accountable, noting all those that are involved in the shared parking arrangements are now obligated and responsible for making sure that the requirements of the ordinance regarding security are met. He explained in a situation with a shopping center where there is security or an area where there is a parking garage and many businesses share parking, and the person in the garage has communication equipment available to them in case of necessity; this would meet the requirement of the ordinance. Ms. Taliaferro questioned what would happen if they found the garage or parking area is not staffed as promised. Mr. McCormick indicated in that situation they will be found in violation of the ordinance. In addition in regard to the matter of penalties, the ordinance already has an escalating penalty system.
A motion was made by Ms. Taliaferro to approve the ordinance as amended to include the time period of 9 months with the changes to the uniform officer provisions. Her motion was seconded by Ms. Kekas.
Mr. McCormick questioned if Council is comfortable with an effective date of August 1 to allow the police department time to prepare for enforcement. Ms. Taliaferro indicated she was comfortable with the August 1 effective date.
Mr. West indicated he would simply like to make sure this does not create another level of bureaucracy. How will the City ascertain whether or not they have adequate personnel? Mr. McCormick indicated it is envisioned that no security is necessary unless the establishment has committed a violation. If a violation is committed the police will come to that establishment and tell them they are now within the program and must indicate how they will provide security.
Mr. Regan questioned whether this will be retroactive if they have a clean record with Mr. McCormick indicating that is correct. This will give the police department time to research the people. If an establishment has violations in the past they will be in the program right away.
Mr. Crowder indicated he will support the motion as stated but feels they are missing the ball and not supporting the neighborhood by not looking at distance and proximity of these clubs.
A roll call vote was taken on the motion as stated that resulted in all members voting in the affirmative. (Isley excused)
REPORT AND RECOMMENDATION OF THE CITY MANAGER
NEW CONVENTION CENTER – GUARANTEED MAXIMUM PRICE (GMP) PACKAGE #3 – DEFERRED TO EVENING SESSION
A third interim GMP proposal submitted by the Skanska-Barnhill Construction Manager at Risk Joint Venture, has been reviewed and negotiated in the amount of $10,122,136, in accordance with our established program and schedule requirements for initial foundations and McDowell Street bridge work. A CMAR Change Order Contingency of $182,333, General Conditions in the amount of $1,628,762, a fee in the amount of $278,969 and an Owner’s allowance of $544,200, for unforeseen site conditions similar to GMP#2, is included in the GMP authorization. The Designers and CM at Risk concur the GMP amount has been reviewed and is within budget. A copy of the proposal is in the backup.
Recommendation: Authorize the City Manager to execute an amendment to the agreement subject to City Attorney’s approval with the Skanska-Barnhill Construction Manager at Risk-Joint Venture in the amount of $10,122,136, funds are in place.
Mr. Allen indicated Council has already considered an approved two previous guaranteed maximum price packages. He indicated this particular package basically deals with foundation work and a bridge located beneath McDowell Street.
Mayor Meeker questioned whether they were still within budget with Mr. Allen indicating they are.
Mr. Craven indicated at this time he is having trouble putting into context the total project. He pointed out if there were a chart that he could look at such as an executive summary of past and future packages that would include the cost of the various aspects, breakout all 6 contracts there are to be awarded and the amount of the awards for 1, 2 and 3, and include the expectation of cost for packages 4, 5 and 6 this would be very helpful. Mayor Meeker indicated the formula by which staff uses to determine the cost was approved by Council about a year ago, but agreed that a brief chart outlining the costs would be helpful.
Mr. Allen pointed out they have provided estimates of all elements of the package at the time the package was presented. Staff can compare these estimates and then compare them to any GMP package but it would be difficult to put together. He suggested Mr. Craven sit down with staff and briefly go through the process to date. Mr. Craven indicated that probably would be helpful, but he would like to see the context of how these numbers are presented, understanding there was a budget number for package number 1, package number 2 and now package number 3. He would like to see these in a simple chart with anticipated cost for the next three packages.
Mayor Meeker asked if staff could put together a summary chart on the six guaranteed maximum price packages as well as summary amounts so far. Ms. Taliaferro indicated that she would also like to see an executive summary of packages 1, 2 and 3. Staff has spent quite a bit of time in order to simplify this process for the Council. An executive summary idea is a good one. She pointed out she doesn’t keep every piece of paper that crosses her desk so if staff could supply a brief summary in a chart that certainly would be helpful. Mr. Crowder indicated he feels it’s necessary to give Neal Hunt credit for much of this information that is being brought to Council in the format that it is presented. Mr. West questioned whether they were currently on track with the first two guaranteed maximum price packages in regards to MWBE. He understands they are at about 15 percent. Mr. Allen indicated currently they are around 25 percent which is good but less than the 30 percent goal.
A motion was made by Mayor Meeker to approve the Guaranteed Maximum Price package number 3 as presented by staff. His motion was seconded by Mr. West.
Mr. Craven indicated he still would like to see how package number 3 interrelates to the proposed figures for 4, 5, and 6. Mr. Allen indicated he felt any further delays is going to effect the bidding of these components.
Mr. Regan indicated he would like to state for the record he has data that shows 75 percent of the citizens of Raleigh don’t want this at all and most feel there will be significant cost overruns and on behalf of those people he would like to see the Council allow Mr. Craven time to look further into the information he has requested. Mr. Crowder indicated he will support what has been presented and would like to see it move forward. He has quite a bit of confidence in the design team and he sees the value engineering and wants to make sure they do not cut this to the bone too much and feel it is necessary to move on. Mr. Regan indicated that early on in this process the Council was told there was enough parking for the convention center and there was no need to add any additional parking. Now they are looking at spending $25 million to add additional parking. This is just one example and there are more examples that can be cited. He feels they will have to keep spending money in order to get this project done. Mr. Craven is doing what needs to be done and urged the Council to give him two weeks to review the information he has requested.
Mr. West indicated he appreciates the comments made by Mr. Craven but he feels that slowing the project at this time will cost more in the long-term. The City has an excellent staff and a very competent administration charged to do what they are doing and he doesn’t feel the Council should micro-manage this process. They have an analysis that has been presented all along and feels there is a need to move forward.
Ms. Taliaferro pointed out she is concerned about the need to respect a colleagues’ desire to understand the information that has been put before them. Assembling this information is not a difficult task and suggested perhaps the Council would be willing to wait until the evening session of the Council meeting to further discuss this issue and see if staff could put together something for Mr. Craven between now and then. Management knows the Council may ask for more time on any issue that is set before them and doesn’t feel that a two-week delay would be a significant delay. She will support Mr. Craven’s request for time to review information.
Mr. West indicated he still has serious concerns about MWBE and the subcontractor. He had to do a lot of research on his own to get up to snuff and feels he could have also asked for an item to be held but most of this he did on his own time. This has been a very long process and they need to be realistic and look at this holistically.
Mr. Craven assured the Council his intent is not to delay or to scuttle the progress being made on this project. He pointed out in his short time on the Council he has not had enough time and developed the ability to make a confident decision in the way this has been presented. If they move forward with a vote at this time his vote will be no if he is not able to get this information.
Mayor Meeker indicated without objection the item would be held until the evening session of the Council and asked for staff to put together the information Mr. Craven has requested, and be prepared to present the information during the evening session. There were no objections.
REPORT AND RECOMMENDATION OF THE ARTS COMMISSION AND THE CONVENTION CENTER COMMISSION
ARTS COMMISSION/CONVENTION CENTER COMMISSION - PURCHASE OF PAINTINGS APPROVED
The Raleigh Arts Commission, with the concurrence of the Convention Center Commission, requests permission to purchase and install two paintings in the BTI Center for the Performing Arts using 2004-05 Arts Commission program funds (account 100-1050-73002-103). The total amount of the purchase is $26,614 including framing. The Arts Commission’s Public Art Committee Chair, Brian Starkey, will be available to address any questions from Council regarding North Carolina artists Claude Howell, Robert Johnson and the paintings proposed for purchase. A letter from the Convention Center Commission Chair is in the agenda packet.
1. “Wilmington Church,” 1978 by Claude Howell (1925-1997)
Oil on canvas, 52x52 inches
$18,000 plus framing ($614)
To be located in the first floor lobby of the A.J. Fletcher Opera Theatre
2. “Fontana Lake,” 2005 by Robert Johnson
Oil and acrylic on canvas, 64x48 inches
$8,000 includes framing
To be located in the second floor lobby of the Meymandi Concert Hall
Recommendation: Approve purchase and installation of paintings.
Mr. Bryan Starkey, Chair of the Arts Commission Public Art Committee, indicated Mr. Eric Tannery as well as Art Commission staff and Roger Krupa are all present in the audience and recognized each member. Mr. Starkey explained the process by which the painting were selected for review noting that 15 galleries were solicited for museum quality paintings. Out of those 15, four galleries were selected and the information on the paintings was brought to Raleigh for a review and they have ultimately selected the two paintings that are proposed to Council for consideration. Mr. Starkey explained the first painting by Claude Howell, who died in 1997, will be located in the first floor lobby of the A. J. Fletcher Opera Theatre. The second painting is by Robert Johnson and is to be located in the second floor lobby of the Meymandi Concert Hall. Mr. Starkey distributed photos of both paintings for consideration.
A motion was made by Ms. Taliaferro for approval of the purchase of the two paintings as proposed. Her motion was seconded by Mr. Crowder. Mr. Regan indicated he would not support this motion as he does not feel this is a good use of taxpayers’ money.
A vote was taken on the motion as stated and put to a roll call vote that resulted in all members voting in the affirmative with the exception of Mr. Regan. (Isley excused) The Mayor ruled the motion adopted.
REPORT AND RECOMMENDATION OF THE CONVENTION CENTER COMMISSION
CONVENTION CENTER COMMISSION - VARIOUS ACTIONS TAKEN
The City Council and the County Commissioners in a joint meeting on April 5, 2005, approved the design development phase of the new convention center project. The Boards asked staff and the design team to develop a proposal for continuing the design of unfunded/donor program items such as the tower, shimmer wall, water features, staging/festive area and internal locations for public art. The proposal was reviewed with the Convention Center Commission and the Chair Eric Tannery will be available to present the recommendation which is in the agenda packet.
Mr. Eric Tannery representing the Convention Center and Performing Art Center indicated the Committee met on May 26 and they are currently at the 30 percent completion point for construction documents. At this point there are several concerns the Committee felt necessary to bring forward to Council. He noted he would like to thank the Committee for the purchase of the new art for the Convention Center. Mr. Tannery referred to documents included in the agenda packet that outlined 4 recommendations that have been adopted by the Committee.
1. A motion was passed unanimously to recommend to Council that monies be appropriated from design contingency in effort to further the design development for the following elements of the new convention center:
a) interactive programmable fountains – schematic development and design development (fees $43,565)
b) the tower element or similar structure to be located at the corner of Salisbury and Lenoir Street (fees $24,285)
c) the “shimmer wall” located on the McDowell Street elevation (fees $33,595)
d) prepare internal positions within the convention center structure for placement of public art in the future (fees $13,180)
e) staging/festive area (fees $33,595)
2. A motion was passed unanimously to recommend to Council that all of the above stated elements be integrated into the current architectural design process as opposed to creating a “new” public art process.
3. All monies spent now from design contingency fund would be reimbursed when benefactors fundraising and naming right opportunities are secured.
4. The Convention Center Commission will be pleased to serve as a designated review board for the art that would be incorporated into the convention center project. In that capacity the Commission would welcome input from the community and create a forum for dialogue relative to art and the center. All interested citizens, art organizations, artists, donors, designers and other commissions and boards would be invited to provide input for recommendation to the City Council for action.
Mr. Tannery added in regard to the final point, the Committee would be a filtering device for recommending art to the City Council and the Convention Center.
Ms. Taliaferro indicated she had some concerns about a de facto Arts Commission for the Civic Center and thought the Arts Commission would be involved in the selection of public art. At this time she is not willing to abandon that at this point. She will not support the Convention Center Commission to be the designated review board at this time. She feels they have an Arts Commission that is charged with working with public art and that is their capacity.
Mr. Tannery indicated there was considerable discussion including the creation of a subcommittee. He indicated Ms. Taliaferro is absolutely right, the Arts Commission was formed for the consideration of public art and the Convention Center Commission was formed for the design and development of the Convention Center. He indicated the Commission felt the Arts Committee has a number of other things to do and the Convention Center Committee is focused just on the convention center. He indicated there was certainly an intent to solicit input and support from the Arts Commission on any of their considerations. This is certainly not intended to take control but the Arts Commission will be heavily involved in any review process. Ms. Taliaferro indicated she did not feel they would be formally involved.
Ms. Kekas indicated some years ago she served on the Convention Center Commission during the renovation of Memorial Auditorium and the Arts Commission is very heavily involved in all the activity. It is a joint effect but she would like to see them included. Mr. Tannery indicated the development of the Convention Center is requiring additional time on behalf of all the members of the Commission. There is a considerable amount of discussion going on and the creation of a subcommittee will simply be another meeting of the Convention Center Commission to discuss just art. They are certainly open to any recommendation to have some formality built into the process. They are simply trying to protect the interest and time of the members of both committees.
Ms. Taliaferro asked if Mr. Tannery will go back and discuss this matter with the Arts Commission Chair on how he would like to see this move forward.
Mayor Meeker indicated it might be helpful to Mr. Tannery for Council to provide some guidance in which direction they should be moving.
Ms. Taliaferro, referring to the information included in the agenda packet items A through E, pointed out information was presented at the meeting with Wake County that development fees would have the ability to make sure the structure was in place to handle these elements. As she recalls it is stated in the drawings the tower is not being funded. Mr. Tannery indicated this is the infrastructure for that element and all the elements.
Mr. Allen pointed out Administration is taking each of these elements to the designed develop stage.
Ms. Taliaferro spoke to the design of the tower element or a similar structure, pointing out she does not want to see the same structure as what is currently in front of the BTI Center. Mr. Allen indicated the design will need to fit into the design of the convention center. Ms. Taliaferro indicated at this time she is willing to support items “A”, regarding the interactive programmable fountain, “C” regarding the shimmer wall, “D” regarding the placement of public art in the future and “E” regarding the staging/festive area, but not willing to support item “B” regarding the tower element at this time.
Mr. Crowder pointed out the Council is not approving the design of these elements at this meeting. He spoke to being involved in an number of state projects pointing out much of this is a separate process. You do need a form of collaboration between art and architecture pointing out there need to be some continuity in the process. Mr. Allen pointed out the City Council will have final approval at the design stage.
Mr. West indicated he feels there a need to look at who needs to be involved and the possibility of forming a task force to make sure they have the right expertise.
Mayor Meeker indicated at this time he is willing to recommend the Convention Center Commission and the Arts Commission both serve as designated review boards and for their findings to be reported back to the City Council and would propose this as a formal motion. His motion was seconded by Ms. Taliaferro and put to a roll call vote that resulted in all members voting in the affirmative. (Isley excused)
A motion was made by Mayor Meeker to approve items 1 involving the five elements that have been discussed, item 2 regarding the integration of these elements into the architectural design process, and item 3 regarding monies from the design contingency fund. His motion was seconded by Mr. Crowder and put to a roll call vote that resulted in all members voting in the affirmative with the exception of Ms. Taliaferro, Mr. Craven and Mr. Regan. The Mayor ruled the motion failed and indicated items 1, 2 and 3 would be held as a special item on the next agenda.
REPORT AND RECOMMENDATION OF THE PARKS, RECREATION AND GREENWAY ADVISORY BOARD
PARKS, RECREATION AND GREENWAY ADVISORY BOARD – APPROVED MASTER PLAN COMMITTEE FOR FOREST RIDGE PARK
Prospective members of the Master Plan Committee for Forest Ridge Park have been solicited through a variety of means. Interview forms, used to evaluate potential committee members, were submitted by 27 citizens. The Parks, Recreation and Greenway Advisory Board (PRGAB), after appropriate consultation with staff, recommends the following 13 citizens to serve on the committee with the Chair of Mary Alice Farrell and Vice Chair of Greg Barley: Aram Attarian, Carol Banaitas, Thomas McHugh, Anthony Pilarinos, Debra Pribonic, Russ Redd, Charles J. Rinker, Susan Simpson, Anna Smith, Chris Snow, Ed Teague, Libby Wilcox, and a representative from the North Carolina Parks and Recreation Division. Additionally three alternates are submitted for consideration in the event one of the selected committee members is unable to fulfill their commitment to the process: Douglas Henderson, Martha Svoboda, and Britt Wester. Additional information on the citizens is provided in the agenda packet. The Advisory Board recommends approval of the proposed Master Plan Committee for Forest Ridge Park.
At the May 19, 2005 Parks, Recreation and Greenway Advisory Board (PRGAB) meeting the Board unanimously voted to refer a “Resolution of Support” for the proposed Parks and Recreation Budget. A copy of the resolution is the agenda packet.
A motion was made by Ms. Taliaferro to approve the request for the Master Plan Committee for Forest Ridge Park. Her motion was seconded by Ms. Kekas and put to a roll call vote that resulted in all members voting in the affirmative. (Isley excused)
Jan Kirshbaum indicated they do represent citizens of the community and they wanted to speak out on number of points on the resolution that has been proposed for consideration by the Council. She indicated the resolution simply outlines a number of issues the Council has already committed to supporting for the Parks, Recreation and Greenway Advisory Board and stated the following 5 efforts.
1. Build parks and greenways for the enjoyment of all citizens.
2. Purchase land in advance of growth.
3. Complete the projects contained in the 2000 Park Bond.
4. Move forward with funding needed to implement the projects contained in the 2003 Park Bond
5. Continue to support and provide resources to overcome pre-existing maintenance needs and to keep pace with growth in property and facilities.
Mayor Meeker indicated they would receive this item as information and no action was taken.
Ms. Kirshbaum indicated she would like to present the Council with an update on the Horseshoe Farm. She indicated the Committee is still gathering information. There has been a great deal of public input and they are averaging about 10 members of the public at each meeting they have. There is a large lobbying effort to keep a great deal of the park passive. At this point the Committee hasn’t heard quite as much as she has about the necessity for field space and noted some members of the Committee feel that the process is going very slowly. They currently have a list of items to look into that is 50 items long.
REPORT AND RECOMMENDATION OF THE STORMWATER MANAGEMENT ADVISORY COMMISSION
STORMWATER MANAGEMENT ADVISORY COMMISSION – ANNUAL REPORT APPROVED; PROPOSED WORK PLAN – REFERRED TO PUBLIC WORKS COMMITTEE; RULES OF PROCEDURE RELATING TO OFFICERS – APPROVED; MEMBERSHIP PROTOCAL - REFERRED TO PUBLIC WORKS COMMITTEE
The Stormwater Management Advisory Commission has developed an annual report for the past year’s work, developed a proposed work plan for review and concurrence by the City Council, developed rules of procedure for the Commission relating to selection of officers and meeting protocols and developed a recommendation for Council as to whether the membership of the Commission should be increased or changed.
Francine Durso distributed a handout of the recommendations for the Stormwater Management Advisory Commission. She explained the Stormwater Management Advisory Commission had completed their work on several issues and developed recommendations for Council consideration. These recommendations are:
1. Annual report of the Stormwater Management Advisory Commission. The Commission has developed and approved an annual report of its activities over the last year for presentation. A copy of the report was distributed to Council.
2. Annual work plan of the Stormwater Management Advisory Commission. The Commission developed and approved a work plan of its activities for the next year. She indicated the proposed work plan was included in the agenda back-up.
3. Rules of procedure for the Stormwater Management Advisory Commission. The Commission has developed rules of procedure relating to the election of officers and meeting protocol. The procedures had been reviewed and approved by the City Attorney. The stormwater utility ordinance requires review and approval of the rules of procedure for the Commission by the Council.
4. Commission membership. At the April 19th meeting, Council requested Stormwater Management Advisory Commission give the Council a recommendation as to whether the membership should be increased or changed. The Commission is recommending the addition of a non-voting Commission member who resides in the Extraterritorial Jurisdiction to be appointed by Council.
Mayor Meeker indicated the annual report would be received as information; there were no objections.
Ms. Taliaferro indicated in regards to the annual work plan she would like to see this item go to Committee for further review. Mayor Meeker indicated there is an issue regarding capital from a percentage of the stormwater utility fees. He added without objection this item would be referred to the Public Works Committee.
A motion was made by Ms. Taliaferro to approve the proposed rules of procedure relating to the election of officers and meeting protocol. Her motion was seconded by Mayor Meeker and put to a roll call vote that resulted in all members voting in the affirmative. (Isley excused)
Ms. Taliaferro indicated in regards to the 4th item addressing Commission membership, she would like to see this item go to Public Works Committee. Mr. Crowder indicated he would have no problem voting on this item at this meeting. At this time the Commission has no voice in the ETJ and it is a non-voting member position. Currently, the Planning Commission has two representatives from Wake County and added the item can be put in Committee but he does not see the debate at this time.
Ms. Kekas questioned whether there were any other Committees or Boards that had members from the ETJ with Mr. McCormick indicating other than the Planning Commission and the Board of Adjustment no others come to mind.
Mayor Meeker indicated this item would be referred to Public Works Committee without objection.
REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE
BROWN BIRCH - GEORGE SAUNDERS – APPROVE PENALTY REDUCTION
Mayor Meeker reported the Budget and Economic Development Committee recommends that the penalties and court costs which total $3,710 relating to 1224 Angelus Drive be reduced to $1,000. On behalf of the Committee, Mayor Meeker moved the recommendation be upheld. His motion was seconded by Mr. West.
Mr. Sanders indicated he would like to see differences there were. He pointed out he did not negotiate with the persons involved as his property was owned by him and his son on a 50/50 split. He just met with the inspectors near the very end of the process. Mr. Regan asked what the reason for the reduction was with Mayor Meeker explaining the per diem penalty was at $25 a day and the Committee felt the reduction of $1,000 was appropriate this time rather than pursuing the $3,710. Mr. Regan questioned why this went on for so long with Mayor Meeker indicating the Committee felt it was appropriate, that they bring it to an end as a tenant is in place.
A roll call vote was taken on the motion as stated and resulted in all members voting in the affirmative. (Isley excused)
SOUTHEAST RALEIGH ECONOMIC DEVELOPMENT – NEW MEMBER APPOINTED
Mayor Meeker reported the Budget and Economic Development Committee recommends that Martel Perry be added to the Southeast Raleigh Assembly. On behalf of the Committee, Mayor Meeker moved the recommendation be upheld. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. (Isley excused)
SURPLUS PROPERTY - 107 BRAGG STREET – DECLARED SURPLUS -APPROVED UPSET BID PROCESS
Mayor Meeker reported the Budget and Economic Development Committee recommends that the property at 107 Bragg Street be sold to Joseph Luzzi for $4,000 subject to the upset bid process with the condition that the property may not be used to increase density of the parent tract in order to increase the number of building units on the parent tract and that the parcel must be recombined with the adjoining lot within 90 days of closing. On behalf of the Committee, Mayor Meeker moved the recommendation of the Committee be upheld. His motion was seconded by Ms. Taliaferro and put to a roll call vote resulted in all members voting in the affirmative. (Isley excused)
SURPLUS PROPERTY - 913 GLENWOOD AVENUE (SPRING STREET) – DECLARED SURPLUS – APPROVE UPSET BID PROCESS
Mayor Meeker reported the Budget and Economic Development Committee recommends that the property at 913 Glenwood Avenue (formerly Spring Street right-of-way) be declared surplus and sold to Hannah N. Dunn for $9,500 subject to the upset bid process and with the condition that the parcel could not be used to increase the density of the lot, the City of Raleigh would retain an access easement on the parcel and a 20-foot sanitary sewer easement will be granted to the City of Raleigh on the southern portion of the former Spring Street. On behalf of the Committee, Mayor Meeker moved the recommendation be upheld. His motion was seconded by Ms. Kekas and Mr. West and put to a roll call vote resulted in all members voting in the affirmative. (Isley excused)
HUDSON - RELEASE OF LETTER OF CREDIT – REFERRED TO ADMINISTRATION
Mayor Meeker indicated he has received a letter from the Attorney for Mr. King asking the item be referred to the City Manager and City Attorney for review. The item will be reported out of Committee and without objection the item was referred to Administration.
REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNING COMMITTEE
HIGHWAY 70 CORRIDOR - PROPOSED AMENDMENT – REMOVED FROM AGENDA
Chairperson Crowder reported the Comprehensive Planning Committee recommends that this item be removed from the agenda with no action taken as the applicant has submitted a subdivision plan which does not require amending the Highway 70 Corridor Plan to accommodate the development of property between Highway 70 and Lake Anne. On behalf of the Committee, Mr. Crowder moved the recommendation be upheld. His motion was seconded by Mayor Meeker and put to a roll call vote resulted in all members voting in the affirmative. (Isley excused)
Mr. Crowder indicated the Comprehensive Planning Committee would not meet next week.
REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETY COMMITTEE
TOUR OF POLICE TRAINING CENTER
Chairperson Crowder indicated the Law and Public Safety Committee did not meet to discuss any pending items but did tour the police training facility and noted it was a very impressive visit.
REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE
DRAINAGE PROBLEMS - 1716 AND 1712 WINWAY DRIVE – NO ACTION TAKEN – REQUEST REPORT FROM CITY ATTORNEY
Chairperson Taliaferro reported the Public Works Committee recommends that this item be reported out with no action taken. The Committee further recommends staff continue to proactively monitor the developer to ensure compliance with the City’s sedimentation and siltation policies. It is understood the Public Works Director will send a letter to the developer advising him of the Council’s action with copies sent to the property owners of 1716 and 1712 Winway Drive. On behalf of the Committee, Ms. Taliaferro moved the recommendation be upheld. Her motion was seconded by Mayor Meeker.
Mr. West indicated he understands the policy is addressing structural damage but it is obvious that it is putting the homeowners in a situation. He would like very much to re-enforce what is being recommended and send a strong message to the developer. He pointed out there was a reference in the stormwater report to increase funding to homeowners in situations like this.
Mr. Crowder indicated the City has allowed this to happen in the past and he is concerned that this policy is hanging people out to dry. He would also like to look at other means to help folks in this situation.
Ms. Taliaferro suggested that perhaps a pro-bono mediator list could be provided that the homeowners would have access to in cases such as this where the City cannot be the mediator; the situation is between private property owners. When it came to the Public Works Committee, there was some talk about how appropriate it was for the Committee to be considering this except to encourage both parties to work out the problem.
Mr. West indicated in some cases the City has utilized the Community Services Department and Hardy Watkins in helping to oversee a certain situation. Community Services may have a list of people that could be used in these types of situation and would ask that Mr. Watkins help facilitate. Mr. West gave as an example the Walnut Ridge case where Community Services helped bring two groups together. Mr. Allen indicated the issues with Walnut Ridge related to public nuisances as opposed to private property rights. Ms. Kekas pointed out there was concern on all parts of the Committee. They were told by the Attorney they could not do anything about this particular case but she felt it maybe appropriate to send a very strong letter. Ms. Taliaferro indicated she also had discussions with Ira, but this time they feel like it’s appropriate to report this item out and would like to amend the motion to get a report from the City Attorney on the option of mediation assistance in the form of a list of people to call on.
Mr. Craven pointed out this particular case has specific details and this decision is based on those details. The stream was enclosed in a drainage easement before development ever took place.
Mr. West indicated he certainly hopes these types of situations can be addressed in the future.
A roll call vote was taken on the motion as amended that resulted in all members voting in the affirmative. (Isley excused)
ON STREET PARKING PROPOSALS - VENDOR SELECTION – CENTRAL PARKING SYSTEM INCORPORATED SELECTED
Chairperson Taliaferro reported the Public Works Committee recommends upholding staff’s recommendation as outlined on the May 17, 2005 City Council agenda which states as follows:
Six proposals have been received to operate the City of Raleigh’s On-Street Parking Program. The proposals were based on the direction by Council to secure a full service, fixed monthly fee and to provide a local office to staff and operate the program.
A committee from the Public Works Department, the Police Department, and the Finance Department reviewed the proposals relative to experience with turn key on-street parking systems, customer references, proposed plan for staffing/customer service, financial stability of the company and cost.
The top three firms were interviewed and ranked in priority order as follows:
Central Parking System, Inc.
Lanier Parking Systems, LLC
Affiliated Computer Services, State and Local Solutions, Inc. (ACS)
To continue implementation of the program, the City Manager will need to negotiate a final agreement and contract for Council approval.
Recommendation: Authorize the City Manager to negotiate an agreement with Central Parking System, Inc. to operate the City’s on-street parking program.
On behalf of the Committee, Ms. Taliaferro moved the recommendation be upheld. Her motion was seconded by Mayor Meeker and Mr. Craven and a roll call vote resulted in all members voting in the affirmative. (Isley excused) The Mayor ruled the motion adopted.
REPORT OF MAYOR AND COUNCIL MEMBERS
NITROGEN NEUSE RIVER COMPLIANCE ASSOCIATION NPDES PERMIT – COMMENTS RECEIVED
Mr. Craven indicated he had attended the mediation between the City of Raleigh and the Division of Water Quality regarding the Butner NPDES permit. He indicated it was a pleasure to watch the City’s legal staff at work as Dan McLawhorn did a masterful job.
NATIONAL PUBLIC RADIO ADDRESS – “STATE OF THINGS” – COMMENTS RECEIVED
Ms. Taliaferro indicated she would like to extend a thank you and congratulations to Roger Krupa as she heard him speak on NPR radio regarding the “State of Things”, pointing out he did a great job.
EASTGATE PARK – REPAIRS NEEDED – REFERRED TO ADMINISTRATION
Ms. Taliaferro indicated she would like for Administration to look at some repair issues at Eastgate Park that include the lights of the Community Center, vandalism and graffiti as she has been getting a number of complaints regarding these items. There were no objections and the Mayor referred the item to Administration.
FALLON PARK – HANDICAP ACCESS – REFERRED TO ADMINISTRATION
Ms. Taliaferro indicated she has seen a need for a handicap curb cut at Fallon Park at the corner of Hazelwood, Kenmore and Beach Ridge roads. With no objection, the Mayor referred the item to Administration.
TRAFFIC SIGNAL – WOOD TOWN AND OLD WAKE FOREST – REFERRED TO ADMINISTRATION
Ms. Taliaferro indicated the traffic light signal at Wood Town and Old Wake Forest Road is not functioning and would like for Administration to take a look at this. Without objection, Mayor Meeker referred the item to Administration.
TRAFFIC – PEDESTRIAN PUSH BUTTON – REFERRED TO ADMINISTRATION
Ms. Taliaferro indicated there is a pedestrian push button at the signals at the corner of Six Forks and Lynn Road and Six Forks and Forum Drive that are not functioning and would like for Administration to look into this. Without objection, Mayor Meeker referred the item to Administration.
BTI PERFORMING ARTS CENTER – SWAN LAKE – COMMENTS RECEIVED
Mayor Meeker indicated he has recently attended the Swan Lake performance at the BTI Center. He said it was an amazing performance and is sold out. He encouraged everyone to attend performances at BTI.
SOUTHEAST RALEIGH ASSEMBLY – APPOINTMENTS MADE
Mayor Meeker indicated he and Mr. West attended the Raleigh Area Development Authority meeting. They are getting organized and have indicated a need to appoint two members from the Southeast Raleigh Assembly. Mayor Meeker suggested Brad Thompson and Sonya Barnes be appointed to the Raleigh Area Development Authority.
A motion was made by Ms. Taliaferro to appoint both Mr. Thompson and Ms. Barnes by exclamation. Her motion was seconded by Mr. West and put to a roll call vote that resulted in all members voting in the affirmative. (Isley excused)
NEWS AND OBSERVER TWILIGHT CRITERIUM – COMMENTS RECEIVED
Mayor Meeker indicated he attended the recent May 27th News and Observer Twilight Criterium which was a very well attended bicycle race that was supported by the Visitors Bureau, the Convention Center and the Police Department.
SUMMER YOUTH PROGRAM – LATE APPLICANTS – REFERRED TO ADMINISTRATION
Mayor Meeker indicated he is aware of a situation with the Daniels family where there is a conflict with the school schedule and the start of the Summer Youth Program and would like for Council to consider authorizing the City Manager’s office to allow these kids to start the program late. Mr. Allen indicated there have been requests just like this and there is a policy standard that needs to be followed and accepting late applicants could be problematic. Administration will gladly review their policy over the next year and is aware of the Daniels situation. Mr. Allen recommended they adhere to the policy standard as it is this summer and look into changes for the next year.
Ms. Taliaferro pointed out the some of the youths are used as Counselors in other areas with Mr. Allen indicating there are other jobs that maybe appropriate and they are looking at other opportunities for these kids. Without objection, Mayor Meeker referred the item to Administration.
BURNING COAL THEATRE – FUND RAISING – REFERRED TO ADMINISTRATION
Mayor Meeker pointed out the Burning Coal Theatre representatives have contacted him and indicated they are close to reaching their fund level for matching funds from the City. They have asked for a guarantee to cover the remaining match could be provided by the City. He asked this item be referred to Administration to verify if it does meet the intent of the City Council directive.
KB HOMES EVENT – COMMENTS RECEIVED
Mayor Meeker indicated he has recently attended the KB Homes event opening. He pointed out what a nice event it was.
KB HOMES EVENT – COMMENTS RECEIVED
Mr. West indicated he also attended the KB Homes event in partnership with Parks and Recreation Community initiative in Jacksonville. He pointed out he and Jeff Merritt were bouncing ideas around on how to improve their communities, many of these ideas came to fruition with this event. The Parks Director indicated they received approximately $10,000 for materials and equipment and asked Administration have Mr. Watkins with Community Services continue to follow-up with the local neighborhoods and to keep involved in this event.
CAMERON PARK – TRAFFIC SIGNS – COMMENTS RECEIVED
Mr. Crowder indicated he would like to compliment the Department of Transportation. He has received calls from Cameron Park on getting their stop signs out and they are working very well. He would like to extend his thanks to staff and to the Department of Transportation for this effort.
INSPECTIONS – NEIGHBORHOOD EFFORTS – COMMENTS RECEIVED
Mr. Crowder indicated he has been receiving calls from folks in his district along with the Neighborhood Association who would like to thank the Inspection staff for the job they are doing in their inspection efforts.
SOUTHWEST PLANNING DISTRICT – MEETING INVITATION EXTENDED
Mr. Crowder indicated he would like to invite those folks involved in the Southwest Planning District to a meeting Thursday evening at 7:00 p.m. to discuss infrastructure, parks, greenways and economic development in the area. Mr. Crowder referred to Bill Hudnut’s book “Halfway to Everywhere” an indicated an email has been sent out regarding this meeting.
WESTERN BOULEVARD LANDSCAPING – TREE MAINTENANCE – REFERRED TO ADMINISTRATION
Mr. Crowder indicated he would like for staff to look into the maintenance of trees along Western Boulevard. The Holly’s appear to be getting very leggy.
TRAFFIC – GLENWOOD/WADE AVENUE – EXIT SIGNS – REFERRED TO ADMINISTRATION
Ms. Kekas indicated she would like to point out the exit on Glenwood Avenue for Wade Avenue where the signs are right up on the exit and she would like to see Administration look into moving the signs away from the exit in time to be able to make the turn. Without objection the Mayor referred this item to Administration.
APPOINTMENTS
APPOINTMENTS – VARIOUS ACTIONS TAKEN
The City Clerk reported the following results of the ballot vote.
Appearance Commission - One Vacancy - Kimberly Siran - 2 (Meeker, Crowder); Ms. Kekas, Ms. Taliaferro, Mr. West, Mr. Craven and Mr. Regan nominated Willie Hood.
Convention Center Commission - One Vacancy - Fenita M. Shepard - 2 (Taliaferro, Crowder); Gilliam Nicholson - 2 (Craven, Regan); Morton Congleton - 3 (Kekas, West, Meeker)
Human Relations Commission - One Vacancy - Frances J. Hale - 2 (Craven, Regan); Lorrin Freeman - 4 (Kekas, West, Meeker, Crowder)
Raleigh Historic Districts Commission - Seven Vacancies - A. Stefan Bray – 7 (Kekas, Taliaferro, West, Craven, Regan, Meeker, Crowder); Fred Belledin - 3 (Kekas, West, Crowder); Dan Coleman - 7 (Kekas, Taliaferro, West, Craven, Regan, Meeker, Crowder); Esther S. Hall - 6 (Kekas, Taliaferro, West, Craven, Meeker, Crowder); John Hinshaw – 7 (Kekas, Taliaferro, West, Craven, Regan, Meeker, Crowder); Curtis Kasefang - 6 (Kekas, Taliaferro, West, Craven, Regan, Crowder); Nick Fountain – 3 (Taliaferro, Craven, Meeker); Edna Rich Ballentine - 6 (Kekas, Taliaferro, West, Craven, Regan, Meeker)
Telecommunications Commission - One Vacancy - Keith Karlsson – 5 (Kekas, Taliaferro, West, Meeker, Crowder)
Raleigh Transit Authority - One Vacancy - Anthony Andruzzi - 1 (Crowder); Dwight Spencer – 5 (Kekas, Taliaferro, West, Craven, Meeker)
The Mayor announced appointments to the Appearance Commission, the Convention Center Commission and the Human Relations Commission will be carried over to the next meeting and announced the appointment of A. Stefan Bray, Dan Coleman, Esther S. Hall, John Hinshaw, Curtis Kasefang and Edna Rich Ballentine to the Raleigh Historic Districts Commission; Keith Karlsson to the Telecommunications Commission and Dwight Spencer as an alternate position to the Raleigh Transit Authority. He indicated one vacancy on Raleigh Historic Districts Commission will be carried forward to the next meeting.
GREATER RALEIGH CONVENTION AND VISITORS BUREAU – NOMINATIONS MADE
The term of Tom McGuire is expiring. Ms. Taliaferro nominated David Strong. The item will be carried over until the next meeting.
SUBSTANCE ABUSE ADVISORY COMMISSION – NO ACTION TAKEN
Mr. West referred to a letter from the Substance Abuse Advisory Commission Committee Chair Mr. Albert Scott referring to a number of resignations that have been made. Ms. Taliaferro indicated it maybe helpful to have an overview or report on what the Substance Abuse Advisory Commission has been doing recently and exactly what they are charged with. It is getting very difficult to find candidates for this Commission and suggested perhaps the Commission made need to be restructured.
Mayor Meeker asked the City Clerk if they would contact those who nominated members of the Substance Abuse Commission who have resigned know of their withdrawal from the Commission. Without objection the request for a report was referred to Administration.
REPORT AND RECOMMENDATION OF THE CITY ATTORNEY
NITROGEN NEUSE RIVER COMPLIANCE ASSOCIATION NPDES PERMITS – CASE DISMISSED
City Attorney McCormick indicated the City of Raleigh has received a dismissal on the Butner/Division of Water Quality amendment to the permits. He thank the Council for allowing his office the flexibility to pursue this issue.
REPORT AND RECOMMENDATION OF THE CITY CLERK
MINUTES – MAY 17, 2005 – APPROVED AS PRESENTED
Council members received in their agenda packet copies of the minutes of May 15, Council meeting and Zoning Hearings. Mayor Meeker moved approval of the minutes as presented. His motion was seconded by Ms. Kekas and a roll call vote resulted in all members voting in the affirmative. (Isley excused) The Mayor ruled the motion adopted.
TAXES – RESOLUTION ADOPTED
A proposed resolution adjusting, rebating or refunding penalties, exemptions and relieving interest for late listing of properties for ad valorem taxes was in the agenda packet. Adoption is recommended. Mayor Meeker moved approval as presented. His 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 542.
PRELIMINARY ASSESSMENT ROLLS – VARIOUS – RESOLUTIONS ADOPTED
The following preliminary assessment rolls were presented. Adoption, which would set a public hearing to consider confirmation of cost on Tuesday, July 5, 2005, is recommended.
Sidewalk AR 348 - Poole Road
Sidewalk AR 349 - Jones Franklin Road
Sidewalk AR 350 - Capital Boulevard
Sewer AR 1286 - Weathergreen Road (PU 2002-4)
Sewer AR 1287 - Harden Road (PU 1997-12)
Sewer AR 1288 - Chapel Hill Road (PU 1998-5)
Mayor Meeker moved approval as presented. His 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 Resolutions 543, 544, 545, 546, 547 and 548.
CLOSED SESSION – ECONOMIC DEVELOPMENT – INCENTIVES - HELD
Mayor Meeker stated a motion is in order to enter closed session pursuant to NCGS 143-318.11(a)(4) for the purpose of considering the expansion location or relocation of certain businesses in Raleigh and any incentives that might be involved in the relocation as well as preventing the premature disclosure of an honor or award pursuant to NCGS 143-318.11(A)(2). His motion was seconded by Ms. Taliaferro and Mr. West and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted. The Council went into Closed Session at 2:55 p.m.
The Council reconvened in Open Session at 3:10 p.m. Mayor Meeker reported the City Council has advised staff and the City Attorney on development matters. No action was taken.
RECESSED
There being no further business, Mayor Meeker announced the meeting recessed at 3:15 p.m. to be reconvened at 7:00 p.m.
Donna Hester for
Gail G. Smith
City Clerk
The City Council of the City of Raleigh met in regular reconvened meeting on Tuesday, June 7, 2005 at 7:00 p.m. in the City Council Chamber, Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 West Hargett Street, Raleigh, North Carolina with all members present except Mr. Isley and Mr. Regan. Mr. Isley was excused from the afternoon portion of the meeting and both Mr. Isley and Mr. Regan were excused from the night portion. The Mayor called the meeting to order and the following items were discussed with action taken as shown.
REQUESTS AND PETITIONS OF CITIZENS
ADMINISTRATIVE FEE – 7609 PROSPECTOR PLACE – REQUEST FOR RELIEF - GRANTED
Barbara Levenbook at 7609 Prospector Place, Raleigh, NC 27615, read the following prepared statement:
“I write to appeal the administrative fee of one hundred dollars assessed in the same letter I received about overgrown grasses on my property at 7609 Prospector Place, Raleigh, North Carolina. That letter was written on May 16, 2005 and received on May 18, 2005 by first-class mail.
I concede that by municipal ordinance, the City Council of the City of Raleigh may require that certain grasses not exceed eight inches in height. Without conceding any facts, I am mowing the grass in question, and by the time the inspector returns on May 26th, within the 10 day period that would be allowed by the City’s own procedure to abate any nuisance, if there was one, the inspector will see that I am in compliance with City Ordinance Chapter 6, Section 12-6002.
What I am contesting is the procedure for requiring an administrative fee before the 10-day period for clearing the potential nuisance is over. I contend that this procedure is in violation of section 12-6003 of the City Code and state law. I have no obligation to pay an administrative fee if I have cleared up the potential nuisance within the requisite ten days. No property adjudicative body, in this case the City Council of the City of Raleigh, has determined that there ever was a nuisance. This is a clear violation of due process of law.
Chapter 19 of the North Carolina General Statutes provides the statewide procedure for the abatement of nuisances and it requires “proper legal proceedings” brought pursuant to Article 1 of that Chapter.
In North Carolina School Boards Assn. et.al. v. Moore, et.al., the North Carolina Court of Appeals clearly described the distinction between punitive penalties and civil penalties. In order to be a valid civil penalty, the amount collected must be used to compensate someone and must bear some relation to the enforcement services provided. In the case of the “administrative fee” there is no connection between the offense and compensation since the City did not have to abate any nuisance. The “administrative fee” is clearly either punitive in nature and must be assessed by a court of competent jurisdiction or if the “administrative fee” is not compensation for services in the particular case, then it is a tax and must be assessed, pursuant to the State Constitution, equally and universally on all citizens of Raleigh.
I have already contacted the clerk if the City Council and will speak at the next council meeting. This letter constitutes my notice to you concerning the administrative fee. Very truly yours, Barbara Levenbook.”
City Attorney McCormick indicated the City’s authorization to abate public nuisance does not arise under General Statute Chapter 19, but under Chapter 160A and the City does believe this is a fee and not a fine. There was a case with the Charlotte Homebuilders Association that contributed to the City’s authority to charge fees such as this. He pointed out there were also fines attached to such action; however if the City Council finds no nuisance existed they can waive the fine.
Mr. Ellis presented photographs of the public nuisance citing overgrown grasses in the yard, pointing out he believes this appeal is more than a legal question.
Mr. West questioned whether it is a natural area or simply and area that has not been mowed with Mr. Ellis indicating customarily the inspectors do not get into natural areas or undeveloped property.
Ms. Levenbook explained what the Council is looking at in the photographs are ornamental grasses located by a wood natural area. She pointed out the area in the photographs that is the back of her property. Mr. Craven questioned how often is this area mowed with Ms. Levenbook indicating the area is planted with zoyza grass so there is no need to mow it that often. Ms. Levenbook distributed photos of what the property looks like now and likened it to scorched earth.
A motion was made by Mr. Craven to waive the Administrative fee. His motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused)
ADMINISTRATIVE FEE – 7129 TURNER CREEK ROAD – REQUEST FOR RELIEF – NO ACTION TAKEN
Judith Stewart, 7129 Turner Creek Road, Triangle One Investments would like to appeal the administrative fee relating to 910 East Jones Street. Ms. Stewart was not at the meeting; therefore, no action was taken.
ADMINISTRATIVE FEE – 8020 LITCHFORD ROAD – REQUEST FOR RELIEF – REFERRED TO CITY ATTORNEY
Ann Weathersbee, 8020 Litchford Road indicated on April 14th the City of Raleigh issued a citation for her property at 7500 Louisburg Road and explained her property comes to a point where two angles come together and the property where the nuisance is cited is not her property. There is a wedge of property beside her property that belongs to adjacent shopping center. She would ask the Council to rescind the $100.00 fine. She indicated the trash has since been removed by the people in her neighborhood. The City inspector had called and verified the trash was gone. She was also told the fine was put on her property because of the violation on her property on Litchford Road. She pointed out the debris consisted of two truck loads of tree limbs that had been placed on the right-of-way and has since been cleaned up in order to keep the City off their back.
Mr. Ellis indicated there was no question about it; the debris was illegal dumping. Research on their behalf indicated the site was Ms. Weathersbee’s property.
Ms. Kekas questioned whether a complaint came from the neighborhood or whether it was an inspector with Mr. Ellis indicating the complaint was called in by a citizen. Mr. West pointed out there seems to be a dispute over the ownership of the property and could this be resolved. Mayor Meeker indicated the item without objection would be referred to the City Attorney’s office.
ADMINISTRATIVE FEE – 6909 PARK PLACE – REQUEST FOR RELIEF – NO ACTION TAKEN
Tom Erlenmeyer, 6909 Park Place would like to appeal the administrative fee and fine relating to 6909 Park Place.
Mr. Erlenmeyer was not at the meeting; therefore, no action was taken.
ADMINISTRATIVE FEE – 5320 EAST BREWER STREET – REQUEST FOR RELIEF – 60 DAY EXTENSION GRANTED
An interpreter for Juan Ramirez indicated they are simply asking for extension of time on behalf of their brother-in-law as he is currently in the hospital and unable to work and would be unable to pay the fine now. It is likely he will be unable to work for a period of one year.
Mayor Meeker questioned whether a 60 day extension would allow them enough time to pay the fine with the representative indicating that would be sufficient. A motion was made by Mayor Meeker to allow an extension of 60 days in order to pay the fine. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused)
ADMINISTRATIVE FEE – 2129 O’KELLY STREET AND 714 ATWATER STREET – REQUEST FOR RELIEF – HELD UNTIL JUNE 21 AGENDA
Wayne B. Johnson would like to appeal the administrative fee/fine relating to 2129 O’Kelly Street and request an extension of time for removing vehicles from his yard at 714 Atwater Street. Mayor Meeker indicated a request had come in to hold this item until the next Council meeting. Without objection, the Mayor referred the item to the June 21 City Council meeting.
ADMINISTRATIVE FEE – 2220 JONES FRANKLIN ROAD – REQUEST FOR RELIEF – HELD UNTIL JUNE 21 COUNCIL MEETING AS A SPECIAL ITEM
Joseph Dupree, 238 Buck Jones Road, indicated the property in question is rental property. He received a notice from the City regarding a nuisance vehicle on the property dated 4/11/05. Mr. Dupree indicated he keeps his rental property very neatly maintained, keeps the grass cut and has never had a call from the police department and has had no problems from this property. It has been in his family for 40 years. The vehicle in question did not belong to the tenant on his property but to a person that lived two blocks away. In his conversations with the Inspections Department he has given them the name and address of the vehicle owner to the inspectors. The vehicle was observed at the property on April 2, 2005. He indicated he visits the property weekly to keep it monitored. He indicated the vehicle in question was pulled into the parking lot on April 2nd because of a flat tire and they parked in the space of a vacant apartment. Mr. Dupree indicated he realized the vehicle was there the very next day. On Saturday the 9th the vehicle was jacked up and put on blocks with the flat tire lying on its side. He indicated he called the vehicle owner and asked him to take care of the vehicle and the vehicle was promptly removed. He added the vehicle was removed before he got the notice of violation. Mr. Dupree indicated the Code as applied appears to be very unfair, pointing out he does not feel the vehicle in question was a danger to the public. If it truly was a danger the inspector should have had it taken care of at that time. He pointed out the laws are unfair and discriminatory and not applied equally. Very small property owners have no spokesman in the process. He indicated he has a print out of the City’s website that indicated this violation is address under Code Section 12-7016, but it is very misleading. on the website at that time the Code Section was not available when he went to look for it but now it is on the website. How can you hold someone responsible without the Code there for them to see? He questioned is it truly a nuisance vehicle. He indicated more than likely the inspectors are trained in building code violations and not this type of subject. Mr. Dupree indicated he is a professional investigator and has worked for most of the vehicle manufactures as well as other product liability companies. He is highly trained in investigating automobile accidents and what to look for. Mr. Ellis indicated that Mr. Dupree’s comments are accurate. The public nuisance violation was written up on April 8. He indicated when an inspector sees a public nuisance he will investigate. Mr. Dupree indicated he has never been arrested, his wife is a teacher and he has never even been in court. He feels it is very wrong holding him responsible for someone else’s actions.
Ms. Kekas indicated she feels it would be appropriate to waive the administrative fee in this case and to look at this issue a little bit further. Her motion was seconded by Mr. Craven.
Mr. Crowder indicated at this time he will not support the motion.
A vote was taken on the motion as stated that resulted in all members voting in the affirmative with the exception of Mr. Crowder and Ms. Taliaferro. The Mayor ruled the motion failed and indicated the item would be held to the next meeting as a special item.
ADMINISTRATIVE FEE – 117 DARTMOUTH ROAD – REQUEST FOR RELIEF – NO ACTION TAKEN
Edward Huang, 117 Dartmouth Road indicated he is representing his mother in this case. Mr. Huang explained on April 11th a drunk driver drove into their house and carport causing major damage. After the insurance was settled the contractor repaired the house and carport and the job was completed on May 7th. The contractor did not remove any of the construction debris and the tenant who is a single mother with 4 children and receiving assistance from the Housing Authority at that time did not have the means to remove the debris. He was also cited because the grass was not cut and ultimately received notice of the violations. The tenant has since removed the debris and cut the grass.
Mr. Ellis indicated the public nuisance citation was for building material on the premises and grass over 8 inches tall.
Mr. Craven questioned how long the construction debris had been there with Mr. Ellis indicating it was hard to tell but the tree limbs were dead. They were cited on May 11th.
Hearing no comments from the Council, Mayor Meeker indicated at this time no action would be taken and the administrative fee would stand as charged.
ADMINISTRATIVE FEE – 1705 LORIMER ROAD – REQUEST FOR RELIEF – GRANTED
Manjoo Mittal, 1705 Lorimer Road indicated she received notice of violation on May 12th regarding poison ivy in her back yard. They have since taken care of the ivy on the tree and requested the fee be waived. Photos of the tree and the poison ivy were presented to the Council.
Mr. Ellis indicated this came to the Inspections Department attention by citizen complaint. Mr. West pointed out perhaps the neighbors need some training in identifying poisonous plants.
Mr. Ted Shear, 928 Ravenwood pointed out to the Council he would like to make a few comments in regards to the appeals that have been made before Council this evening. He indicated four of the appeals have occurred within one-half mile of his house and the inspections department has been to one of the houses on numerous occasions. He understands how difficult it is to run a business, but rental property business owners need to know the law. These types of businesses run down his neighborhood and everyone else’s. It costs money to have a City inspector go out and inspect a complaint for a public nuisance. He is a professor that specializes in grass and restoration so he feels he knows what he is speaking of. Someone has to pay for the inspectors’ trips out to these properties and he is tired of paying for people to run a business and not follow the law.
Mayor Meeker recognized Ms. Mittal and asked her to continue her presentation. Ms. Mittal indicated her property is not a run down area and they try very hard to keep up their property.
Mr. Craven indicated he has got extensive experience in this area and he can recognize poisonous plants. He pointed out there is significantly more poison oak in the right-of-way on City streets. He sees no damage done to the neighborhood in this case.
A motion was made by Mr. Craven to grant relief and waive the administrative fee. His motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted.
ADMINISTRATIVE FEE – 5125 TANGLEWOOD PINE LANE – REQUEST FOR RELIEF – NO ACTION TAKEN
Shana Pickett Little, 2962 Logbridge Road, High Point, would like to appeal the administrative fee relative to her property at 5125 Tanglewood Pine Lane in Raleigh. Ms. Little was not at the meeting; therefore, no action was taken.
SOLID WASTE APPEAL – 2721A AVENT FERRY ROAD – REQUEST FOR RELIEF – REFERRED TO CITY ATTORNEY
Jerome Goldberg, 8701 O’Neal Road presented the following prepared statement:
“Dear Honorable Mayor and Councilpersons, please accept this letter with reference to my formal appeal to the citation issued by Code Enforcement Officer Marion O. Staley referenced above previously appealed to Gerald Latta, Solid Waste Services Director. I hereby submit that I am NOT guilty of this violation.
Firstly, at the time of the citation, the subject ordinance with which I am charged was not codified, making it inaccessible on the Internet in the Municipal Code and only available at the City Clerk’s office as Ordinance (2004)-628. Mr. Latta contends that the ordinance was available at the City web site but I was told by the City Attorney’s office that the only place it was accessible was the City Clerk’s office in Draft form (partial copy attached).
Secondly, at least one week prior to the alleged infraction, I noticed four refuse containers on the curb directly in front of my neighbor’s property at our common property line (there are at least 5 dwelling units on his property). I noted the serial numbers on the receptacles and called the Solid Waste office to determine whom these units were associated with. I was told that this department does not keep records of these serial #’s and that when a tenant moves in, they can always request another receptacle regardless of the status of the previously issued receptacle. Mr. Latta contends that the receptacles are issued to “the residence”. Apparently, there is no way you can associate these receptacles to 2721A Avent Ferry Road. However, Mr. Latta contends that all other neighbor’s carts were accounted for. Does his Inspector go onto all properties to seek out the container locations when they are not in plain view. I respectfully request that the issuing inspector testify to this alleged fact that Mr. Latta contends.
Thirdly, Mr. Latta contends that reminders were “given to this residence” on 1/5/05, 2/5/05, and 3/5/05. I have never received these alleged “reminders” and additionally, the tenant at this address claims she has never received these “reminders”. I respectfully request that Mr. Latta or the Inspector testify as to how these “reminders” were rendered.
Fourthly, and most importantly, Section 7-2005(d)(1) specifically refers to violations with regard to any “person” (italicized, emphasis added); not to the owner of the property. Unit 2721A Avent Ferry Rd. is a leased rental unit wherein the tenant, not the owner, uses and places the refuse containers on the public way. Should I, as landlord, be responsible to check the location of her receptacle each week? What would happen if a tenant murdered or assaulted someone on the landlord’s property? Would the landlord be responsible and be arrested??
I have no problem with, and applaud the City’s efforts to enforce Solid Waste Codes and Housing Safety Codes, however, I believe it is inherently unfair to place the burden of enforcement and responsibility on the Landlord for violations and infractions that are specifically and unilaterally the actions of another “person” per your ordinance and external to the specific real property owned.
Finally, by matter or disclosure only, I am employed by the City of Raleigh in the Inspections Department as a Senior Plans Examiner. Respectfully submitted, Jerome Goldberg.)
Mayor Meeker indicated the item would be referred to the City Attorney’s office for a response. Mr. Goldberg indicated since this he has been issued another citation and has since called the tenants. The trash cart was put out on Thursday and has already been put back. Mayor Meeker indicated they could look at this issue as well.
SOLID WASTE VIOLATION – 5908 BAIRD DRIVE – REQUEST FOR RELIEF – HELD FOR JUNE 21 COUNCIL MEETING
Mayor Meeker indicated a request had been received to hold this item until the June 21st Council meeting. There were no objections.
STORMWATER ISSUES – GREYSTONE LAKE – REFERRED TO STORMWATER MANAGEMENT ADVISORY COMMISSION
“Nancy McFarlane, 8016 Selfridge Court, representing the Greystone Homeowners Association which represents 830 people (4 people stood) explained Greystone consists of 830 homes and 16 neighborhoods and 3 lakes. McFarlane presented a PowerPoint presentation explaining the problems began with the development of Harvest Plaza and Treymoor Shopping area. Early on they went to the CAC meetings in August of 2003 regarding discussions on the widening of Strickland Road and the extension of Lead Mine Road. At that time there were concerns about drains to the lake and construction runoff. The homeowners were assured that everything would be fine. Harvest Plaza and Treymoor retention pond broke 4 times, during which time they came to Council 5 times to address these problems. They creek beds are eroding away, there is considerable mud, flooding and siltation in the lake. There has been destruction of their walking paths, bridges have been washed out, the road has been washed out and an enormous amount of mud has been sent downstream. At one point they lowered the lake level 18 inches and discovered the extent of the sediment damage. In some areas the lake is only 1 to two inches deep where it was 5 feet deep just a few years ago. The widening of Strickland Road sent an enormous amount of mud down to their lake. Now they have a 50 acre parcel adjacent to Greystone called the Cypress that has no stormwater control although they are meeting silt control requirements provided by the City. To date Greystone has spent $162,469 on lake repair, $23,000 has been spent to fix their roads and now they have to dredge the lakes again at a cost of $74,000. It is not their mud in the lake. The Mine Creek Basin study said the Greystone area was an integral part of the stormwater management program. It is one of the top 10 existing lakes for water quality and sediment control, but now they have 5 homes that are being faced with flooding that are now in the flood plain and they also have to build a 200 foot spillway to keep these homes from flooding. There are also future flooding conditions. The study recommended including the Greystone Lake in the lake preservation and development policy. They are here asking Council for the lakes to be included in the program and to help with the cost of dredging. They have also had to redirected money to the preservations of these lakes.”
Mayor Meeker indicated they have received a brief report. It is a 1,500 acre watershed and this area is only part of a larger program.
Ms. Taliaferro suggested the Stormwater Management Advisory Commission look at this proposal. A presentation can be provided to Council and the Stormwater Management Advisory Commission.
Mayor Meeker indicated without objection the item would be referred to the Stormwater Management Advisory Commission.
INSPECTIONS – 2204 WAKE SPRING COURT – MAINTENANCE OF CITY PROPERTY – NO ACTION TAKEN
Dave Welker, 2204 Wake Spring Court, would like to discuss City property behind his home which needs to be maintained. Mr. Welker was not at the meeting; therefore, no action was taken.
STREET CONNECTION – IVERSON STREET AND PLAY AREA – NEW HOPE CROSSING HOMEOWNERS ASSOCIATION – REFERRED TO PUBLIC WORKS COMMITTEE AND PARKS AND RECREATION DEPARTMENT
Barbara Whitman, 2537 Dality Drive indicated she is the president of the New Hope Crossing Homeowners Association and received early promises when the development was taking place adjacent to New Hope Crossing that Iverson would be a street that would be connected. It should be opened already. Currently they only have one entrance to the area from Skycrest Drive. They have spoken to the Fire Department and agreed one entrance into the area is insufficient. It is an unsafe situation because of the possibility of blocked streets in the event of an emergency. A number of studies have been done and she pointed out the area in question for connection is a 40 foot area and should not be too expensive to connect. It would be a matter of clearing the trees and paving the connections. She asked the Council to please consider this project and give the right-of-way for the connection. Also, she would like to look into the matter of crime prevention in the neighborhood and asked the City to provide a play area and a basketball court to address the problem with the youth loitering in the area and the possibility of gang activity. They’ve already had one home affected with gangs. They need to provide play space as well as supervision and curfews. It would be better to do this than let children wander the streets. Children don’t act out who have a good relationship with their neighbors. Children would behave better when they have structured environment. It is a win/win situation for the City. She noted when children behave better the police will not have to respond to these types of situations. It will give people jobs and provide supervision to the children. She indicated she has done this before and have found out kids behave an actually discourage gang activities in their neighborhood. New Hope Crossings currently has a common area that could be used as a playground. Currently, the New Hope Crossing covenants would allow for the transfer of the property to the City to provide a safe place for children to play.
Mr. Meeker asked whether Administration has explored the road connection issue with Mr. Allen indicating the eastern portion of the property was developed in 1974 and the western portion developed in 1997. To make the connection they would have had to make off-site improvements. There is a standard process to follow but would need a petition for the connection and assessments would apply.
Ms. Taliaferro indicated she felt perhaps this item would be served in Public Works Committee and suggested the issue regarding the park be referred to the Parks and Recreation Department and for them to meet with Ms. Whitman to see what can be done.
Mr. Keith Hudson, 2517 Dality indicated he is a roadway designer. The area is less than 50 feet and could easily be done. Currently the adjacent subdivision Oakmont have 3 streets that are torn all to pieces because of the installation of water and sewer. This is a very small piece of property, there are no drainage easements to be considered and no right-of-way and it would be a very easy thing to do.
Mr. Crowder suggested also to look at the policy to determine whether they should have made the connection then.
Mayor Meeker indicated the item regarding the street connection would be referred to Public Works Committee and the item regarding the park would be referred to Parks and Recreation Department.
FAYETTEVILLE STREET MALL PERFORMING ARTIST – REFERRED TO CITY ATTORNEY AND DOWNTOWN ENTERTAINMENT COMMITTEE
Dan Nelson, 4508 Pike Road, would like for the Council to refer his item to the appropriate Committee to discuss and review his experience while painting and performing music on Fayetteville Street Mall for nearly three years and make suggestions and explain his vision for encouraging street performances in downtown Raleigh. Mr. Nelson sang and played a song for the Council and indicated he has been performing on the Fayetteville Street Mall for approximately 2 years. He would very much like to help transition Raleigh to becoming a first class destination City. He would request 2 things: permission to continue performing on comparable venues since Fayetteville Street Mall is all but gone, and secondly to allow him to interact and to serve within the community to address art in the streets of Raleigh. He indicated this could e a citywide effort.
Mayor Meeker indicated this particular issue is an issue that probably should be discussed in Committee and suggested it be referred to Budget and Economic Development. Mr. Allen pointed out there is a designated group the Downtown Entertainment Committee that includes Frank Baird that was appointed by City Council to review items such as these and that group can be involved in these discussions as well. The Mayor indicated the item would be referred to the Downtown Entertainment Committee.
Mr. Crowder indicated he would like to get an update on the Liveable Streets Initiative for the downtown area just to see where they are at, at this time.
City Attorney McCormick pointed out Mr. Nelson’s performance was suppose to be done on a 6 month trial basis. Mayor Meeker indicated the issue regarding Mr. Nelson’s performing will be referred to the City Attorney. There were no objections.
NUISANCE DOGS – NO ACTION TAKEN
Betty J. Partin, 1405 Lofton Circle, would like for the Council to take action to remove all rottweilers and pit bulls from her neighborhood. Ms. Partin was not at the meeting; therefore, no action taken.
PUBLIC UTILITIES – EXTENSION – CAPITAL CITY CHRISTIAN CHURCH - WITHDRAWN
Attorney David L. York, representing Capital City Christian Church, requests permission to extend utilities to property located at 5025 Tryon Road. Mayor Meeker indicated a request had been received from Mr. York to withdraw this request. There were no objections.
PLANNING – NEIGHBORHOOD PLAN – CAMERON VILLAGE – REFERRED TO ADMINISTRATION
M. Kevin Bowden, 631 Smedes Place, representing the Cameron Village neighborhood, would like to request the City’s assistance in developing a neighborhood plan for their area.
Mr. Kevin Bowden, 631 Smedes Place, representing the Cameron Village neighborhood area presented the following prepared statement:
“I appreciate the opportunity to appear before you this evening. Cameron Village residents request your assistance to have Neighborhood Planning Staff conduct an evaluation of Cameron village (residential area) for the purpose of helping our neighborhood address important issues and concerns.
Our primary concerns include:
1) Appropriate infill and redevelopment that will compliment the neighborhood,
2) Increase in traffic congestion and vehicular speed,
3) Disparate residential zoning designations within the neighborhood,
4) Increase in developmental pressures from existing and proposed projects, and
5) Grid pattern streets that lack connecting sidewalks.
The area in question has general boundary lines of Wade Avenue (to the north), Daniels Street (to the west), Smallwood Drive (to the south), and Woodburn Avenue/James Place and Bryan Street (to the east). The area comprises approximately 120 residential homes.
Our neighborhood has investigated neighborhood planning and we have broad support within the neighborhood to begin the process. We understand Planning Staff is considering a Modified Historic District zoning designation for a neighborhood that has distinct and desirable characteristics worthy of preservation. We may be interested in exploring this new designation with the City should it become available.
In summary, we are requesting your assistance to direct Neighborhood Planning Staff to perform an analysis of the Cameron Village neighborhood and provide the City Council with recommendations to address neighborhood issues and concerns.
The residents of Cameron Village look forward to positively interacting with the City in the process to strengthen our neighborhood.
Thank you for your time and we look forward to your motion to send this action item to Neighborhood Planning Staff.”
Mr. Crowder indicated he is very familiar with this area as this is his area and there is no Neighborhood Plan for Cameron Village but there is a Small Area Plan. Mr. Allen added Cameron Park has been done in the past and considering the current work load in the Planning Department he would recommend the plan be initiated in late summer or early fall and an assessment be brought back to Council that will include a time frame.
Mayor Meeker indicated this item would be referred to Administration without objections.
MATTERS SCHEDULED FOR PUBLIC HEARING
(This item was held over from the afternoon session.)
NEW CONVENTION CENTER – APPROVED GUARANTEED MAXIMUM PRICE (GMP) PACKAGE #3
A third interim GMP proposal submitted by the Skanska-Barnhill Construction Manager at Risk Joint Venture, has been reviewed and negotiated in the amount of $10,122,136, in accordance with our established program and schedule requirements for initial foundations and McDowell Street bridge work. A CMAR Change Order Contingency of $182,333, General Conditions in the amount of $1,628,762, a fee in the amount of $278,969 and an Owner’s allowance of $544,200, for unforeseen site conditions similar to GMP#2, is included in the GMP authorization. The Designers and CM at Risk concur the GMP amount has been reviewed and is within budget. A copy of the proposal is in the backup.
Recommendation: Authorize the City Manager to execute an amendment to the agreement subject to City Attorney’s approval with the Skanska-Barnhill Construction Manager at Risk-Joint Venture in the amount of $10,122,136, funds are in place.
Mayor Meeker indicated a request has been received during the afternoon session for a assimilation of numbers in a spread sheet form or an executive summary form to be presented at the night meeting per request of Mr. Craven to help provide a quick reference as to the funding that has been involved in these guaranteed maximum price packages. He indicated Mr. Wayne Baker from Construction Management is present to present this report.
Wayne Baker, Construction Management indicated staff has tried to prepare a brief spreadsheet on the numbers as requested by Mr. Craven but pointed out some of these numbers are highly subjective. The design team and CMR have worked together on available methods to utilize those methods that are available in putting together this information. The choices that have been made will be brought back to Council and the Wake County Commissioners. Mr. Baker briefly explained the phase process pointing out they had originally planned to present this information to Council on May 17, but has held it for a short period of time in order to more accurately adjust the figures. Mr. Baker explained how the figures were derived and presented in packages to the Council. A handout was distributed to the Council that outlined the description of the packages as well as future estimates for upcoming packages and the associated costs. He briefly went over this summary explaining this process is a continuous one and what the Council is looking at is only a snapshot of where things are at this time. Mr. Baker briefly went over the content of future packages 4, 5 and 6 reflecting the projected market conditions. He indicated there many unknowns at this point for future packages. The underground phases of development are the most risky. They have seen some contaminated soils in water and touched on projected cost for remediation. He indicated he does not expect these to be the final numbers but have tried to show some soft costs.
There was brief discussion regarding the packages and when actual bid results will be available. It was noted in package #1 bid results had been evaluated and included.
Mr. John Muter indicated in package #2 the process estimates for this particular job was set at pre-bid GMP which is saying what they thought the package will cost. He outlined the different components of the packages that include the cost of the work, contingency, fees and general conditions. He pointed out package #1 came in below estimate. Package #2 anticipates $400,000 that is not reflected in the price. Mr. Muter indicated they are going to be recommending a change from the pre-bid GMP to post-bid GMP which means these numbers will come to City Council with actual GMP figures. There are advantages to handling it this way, and that includes having bid results and savings rolled into the project immediately and from the time they get construction documents for GMP #3 in late March they could have set the GMP and went right to the market. The quicker they can get to the market the greater the potential for savings. Mr. Muter indicated they have to keep working on this as it changes on a daily basis, but they have to bid publicly. Once they get a contractor on the bid the contractor can use proprietary methods. He added GMP package #1 is finished and GMP package #2 is projected for either October or November. At this time they have bid savings just sitting there.
Mayor Meeker indicated he feels it would be appropriate to ask the City Manager and the City Attorney to look at this and make a recommendation on pre or post bid methods.
Mr. Craven raised a concern regarding the land acquisition and non GMP site remediation cost. He indicated they know what acquisition costs are and questioned whether they were within the $15 million. Mr. McCormick indicated he was not aware of any as the land is paid for. Mr. Prosser added at this time projected cost or less than $40,000 to resolve minor issues.
Mr. Baker indicated this vision started with Mr. Hunt and remediation was identified in a line item for Council tracking. He pointed out this does not include Progress Energy efforts who did step up to the plate and deal with the remanufactured gas plant. He indicated they do have contaminated soils and waters to deal with in GMP #2 but feels the $864,000 will cover that issue.
Mr. Craven spoke to the matter of contingency funds indicating he understands they have currently allocated 55 percent of the total contingency. Mr. Baker pointed out the 55 percent is based on project reserves and not contingency. Mr. Craven questioned whether it includes the owner contingency with Mr. Allen pointing out project contingency had about $12 million allocated at 55 percent leaving the owners contingency and the reserve contingency. He felt it was prudent to show the allocation of packages 4, 5 and 6.
Mr. Baker indicated funds have been allocated through GMP #3 at approximately 47 percent through owners contingency of $2.17 million of $3.5 million in package #3. If they achieve some savings they can recoup some of the contingency. Mr. Craven questioned how much of the contingency is approved in package numbers 4, 5, and 6 with Mr. Baker explaining it would be approximately $1.2 million for package #3. It would leave $2.1 million in contingency for packages 4, 5, and 6.
There was no further discussion and a roll call vote was taken on the motion as stated which resulted in all members voting in the affirmative with the exception of Mr. Craven. (Isley/Regan excused).
PROPOSED OPERATING BUDGET FY 2005-2006 AND CAPITAL IMPROVEMENT PROGRAM BUDGET – PUBLIC HEARING HELD
A hearing to receive citizen input on the proposed operating budget for FY 2005-2006 and the Capital Improvement Program budget.
Brian Shaw, 1704 St. Mary’s Street indicated he is Vice-Chair of the Raleigh City Museum and presented the following prepared statement:
“On behalf of the Board of Directors of the City Museum, I want to say a sincere thank you for the support you have shown throughout the museum’s 12-year history. I also would like to ask for your continued support in the upcoming year, at a slightly higher level if at all possible.
The Raleigh City Museum is unique – it is the only museum that is dedicated to preserving the history of our great city. That’s important, not just to people who were born here, but to the thousands of newcomers who arrive every year. No matter where someone comes from, when they move here, establishing roots gives a sense of belonging. That’s what the Raleigh City Museum is all about – sharing how a one-time stagecoach stop has evolved over the years into a vibrant capital city. Future generations will regard us as remiss if we do not take all reasonable steps to preserve out city’s history.
For the past three years, the City Council has provided the Museum with $87,250 each year. We are deeply appreciative of that support. We hope that the City will at least maintain the same level of support, and respectfully request that you give serious consideration to approving our request for $100,000 this upcoming year.
Our Board of Directors submits to you that the Raleigh City Museum provides a huge bang for taxpayer bucks – in the education of school children, citizens and visitors; and in the collection and preservation of artifacts for future enjoyment. The Raleigh City Museum is also an important attraction in the effort to revitalize downtown, particularly with the reopening of Fayetteville Street. In fact, this Fall the Museum will present a major exhibit called “The Changing Face of Fayetteville Street,” which will chronicle Fayetteville Street’s history from Raleigh’s early days to the present.
City museums typically receive substantial funding from their respective cities. Our request of $100,000 would be approximately 39% of next year’s projected budget of $254,000. In contrast and comparison, the Greensboro City Museum has a $750,000 budget and receives 90% of that budget from the city. Not to mention that the City of Greensboro also owns and maintains the museum building. As another comparison, the High Point City Museum receives approximately 67% of its $267,000 budget from the city, and again, the city owns the museum building and property. I hope you can see that the Raleigh City Museum is a bargain, and that its Board of Directors and staff are working hard to increase private support from individuals, corporations and foundations.
As the only tourist destination between the Convention Center and the Capitol, the Raleigh City Museum fills a gap that no other organization does. With the reopening of Fayetteville Street, we see the museum’s opportunities growing and we want to be able to offer more programs and exhibits that show off this city’s rich heritage.
Our request for an increase will help us begin in a small way to expand our offerings. It is also designed to reward in a small way our two stalwart, hardworking full-time employees who have opened new exhibits, provided countless school workshops, kept the doors open five days a week and hosted numerous after-hour events – all without a raise or bonus for four years.
Thank you again for your careful consideration on behalf of the Raleigh City Museum.”
Benson Kirkman, 3712 Eakley Court, presented the following prepared statement:
“I know how tough your task is in adopting the new budget. I will be brief, but I would like to put in a short list, much of which is reinforcement for items already in the proposed budget.
1. Thank you for listening to my plea and putting funding for the Hillsborough Street Plan into the proposed transportation bond. As I stated in the Budget and Economic Development Committee, we cannot afford to wait any longer for state funding that may never come – and perhaps this phase will inspire them to help us finish the job later.
2. Thank you for including funding for the Neighborhood Traffic Calming Program in the proposed transportation bond. As the original sponsor of that program, that as well as the Hillsborough Street Plan, you have made it easy for me to volunteer to campaign for the bond package.
3. Thank you for moving ahead with the funding for which I secured preliminary approval so that we can move forward with the improvements on Simmons Branch and White Oak Lake. If a few others will join me in implementing Low Impact Development Guidelines on their property, we should be able to reduce the risk of flooding for homes along the creek to a minimum.
4. I also cannot pass without one more pitch for upgrading the facilities to house our two historic carousels. If I were through with the Lake Johnson fundraising, I would personally volunteer to lead a private fundraising to match your public funds – but we cannot wait until Lake Johnson is completed. You must act now, or these treasures will be lost.
5. I am delighted that we have increased staffing in Zoning and Housing and Environmental. However, as I stated in the preliminary Budget Hearing, look at the pay scale for our inspectors so that we can hire and keep qualified personnel.
6. While you are looking at pay scales, look very hard at those positions throughout the city that have a pay scale so low that the employees cannot afford to live in Raleigh. I can’t think of anyone I would rather have as a neighbor than one of our city employees, so find a way to help them reach that goal.
7. Finally, look within our own office. You have three excellent employees there, but I am convinced that they are underpaid and understaffed. I know the reluctance to give yourselves a pay raise, but you can add another staff person so that you and they can better serve those who elect you. Remember that many citizens trust the council staff when they may be skeptical of other city staff.”
Marsha Presnell-Jennette, 618 Stacy Street presented the following prepared statement and approximately 20 people stood in support.
“I am a former member of the Parks and Recreation Advisory Board and during that time was the Vice Chair of the Pullen Park Master Planning Committee. I am very familiar with the park and the recommendations of the master plan, which was approved in 2001.
Pullen Park has been referred to by parks staff as the crown jewel of Raleigh’s parks system. The Dentzel Carousel is the center piece jewel. Pullen Park is the most highly used park in the city and it is the largest revenue producing park. It is one of the oldest continually operating amusement parks in the world. The Dentzel carousel is one of the finest examples of Dentzel menagerie carousels and one of only 14 still in operation. Many people consider it to be one of Raleigh’s cultural and historical icons.
Today it is in very fragile condition due to moisture problems within the carousel house. The paints and varnishes are peeling even on animals that were re-restored in the past four years. Animals that were restored between 1977-1981 now have exposed wood where the paints and varnishes have completely worn away. Mildew growth is evident on all but the most recently re-restored animals.
A professional carousel restoration artist has recommended that the City have assessments made of both carousels. . .Chavis and Pullen. . .so that we have more information about the condition of the painted animals, the mechanical workings, the decorative panels and the band organs. This needs to be done as soon as possible.
It is apparent that new carousel houses are desperately needed for both carousels. The rapid deterioration of the Pullen Park carousel indicates that some actions must be taken immediately to address the problems.
The only significant project from the 2001 master plan that has been completed is the round-about on Pullen Road, at the north entrance to the park. This special park which is much loved and well used has a master plan waiting to be implemented. Why is it that citizens like those of us here tonight must advocate for improvements and care of this popular park?
Those of you who have not visited Pullen Park in recent years may be unaware of how the park shows the years of use and lack of updates. The price tag in 2001 for the entire master plan was $18 million. The parks bond allocation of $5 million is a drop in the bucket towards what the park needs.
Replacing the carousel house is not a stand alone project. The $5 million allocation should be fully funded in this first phase of park bond projects to allow the carousel house and amusement plaza changes to move forward thereby insuring that the carousel is housed in an environment that will provide appropriate protection. The uncertainty of future funding would make completing the project difficult.
There are only two antique platform carousels in operation in the U.S. that are on dirt floors...they are our two carousels. The dirt and dust generated by the old flooring is simply inappropriate for the carousels.
In your budget deliberations I also suggest you consider a method of allocating a percentage of revenue generated by the amusement rides to go for the restoration and maintenance of the rides.
In closing, I ask that you help the City be good stewards of both of our antique carousels by providing direction and funding, which will insure they will be here for future generations.”
Rob Jordan, 4736 Wedgewood Street presented the following prepared statement and approximately 50 people stood in support.
“Good evening everyone. I’m a local business and home owner and grew up her in Raleigh as well, was educated at UNC-CH and received my graduate degree from NCSU, where I even taught for a short period.
I’m here tonight with the purpose of getting a skate park built in Raleigh, and, just as importantly, getting the funding for it this next fiscal year. It is currently slated for Phase 1 funding in the Parks and Rec bond, and we want to make sure it gets those funds. There are a few people with me here tonight that feel the same that the time for a park is now. Would everyone that wants a skate park please stand up?
Many people do not think of skateboarding as a sport, and may think that it doesn’t deserve the attention or status that football, basketball, or baseball receives. What those people don’t realize is that the landscape of America’s pastimes has changed—many of the most popular sports of the past hundred years are steadily declining in popularity, while relatively new sports are on the rise. Baseball, for instance, has suffered a sharp decline over the past few years. In 2000, less than 11 million people played baseball, down nearly 30 percent from 1987. This year nearly 16 million people will be skateboarding, up from 7.5 million in 1999. Skateboarding is growing exponentially as a sport. Just like baseball, skateboarding was born in the United States, and has become one of America’s great pastimes.
Cities all over America are learning this simple truth, and embracing their children’s love for the sport and providing them with parks. A great example of this is the park built in Louisville. The mayor of Louisville, Dave Armstrong, grabbed a hold of the idea of building a great skate park, with the goal of providing the best facility the country had to offer. He built a huge park, and attracted ESPN’s X-games there, and holds many publicized events at this park. That park has generated tens of millions of dollars for Louisville since it inception, and they are currently adding another 20,000 square foot indoor facility onto the park that has a pro shop and concession booths.
Charlotte is opening their second public park this very week, and there are parks scattered throughout many small towns in North Carolina. It is time for Raleigh, the Capital City, to not only have a park of their own, but to have the very best the east coast has to offer. We should build a destination park, with the ability to generate money for our economy as well as provide a supportive environment to the many skaters in Raleigh.
I’d like for the council to know that if the funds are approved for this next fiscal year, I will help throughout the process of building this skate park, in every facet of the development, from the initial design all the way through the very grand opening…and, once it’s open, I plan to skate there every week, with my wife and our friends. Thank you for your time.”
Mike Mavretic, 1112 Steinbeck Drive presented the following prepared statement:
“First of all, I would like to say thank you for increasing the allotted amount I the budget devoted to the construction of a public skate park. I am glad to see that as members of the present City Council, you have taken it upon yourselves to support the youth of this city in order to help keep us off of the streets.
I would like to state for the record that skateboarding is not a crime. Skateboarding is a physically and mentally challenging activity that requires determination and self-sacrifice. Skateboarding, in some cases, can be an outlet for kids in tough situations to channel their frustration into something athletic. It keeps kids out of gangs and free from habitually using drugs and alcohol. The majority of kids who skateboard are not couch potatoes; they stay outside getting fresh air as much as they can. Two of my good friends Marshall and Mitchell Bass were recently told by a Raleigh Police Officer that they could be arrested for skating in Eastgate Park, two blocks from my house, where we skate together almost everyday. Luckily, they were not arrested, but can you imagine two 6th graders with police records due to the fact that they were just trying to skate outside in a safe environment. Maybe instead of getting exercise in a public park they should have been home watching violent films and eating Cheetoes. Think about all of the wasted time and effort Police Officers everywhere would spend arresting youth if football or basketball were considered a criminal activity like skateboarding.
Johnson City, Tennessee has a very nice public skate park located on the grounds of a local high school. Johnson City only has 57,600 citizens. Raleigh 330,000 citizens. Port Royal, SC has a large, covered, wooden skate park. Port Royal has only 3,950 citizens. If liability is an issue for the City of Raleigh, then why don’t cyclists on Raleigh’s Greenway have to sign a waver to ride their bikes and why don’t the soccer players who play in Eastgate Park have to sign wavers? They have just as much of a chance of getting injured as we do. Liability is an issue for almost all things done today, but life keeps on going on even though things are constantly being done in jobs, at home, and in city parks that put Raleigh’s citizens in harm’s way. Thank you for your time and I hope you will continue to support Raleigh’s youth by providing funding for a public skate park.”
Rosa Regan, Saxapahaw indicated she is in the business of restoring carousels. She earlier supervised the artist that worked on the Pullen and Chavis Carousels restoration. She pointed out she wrote a letter in May regarding her concerns about the deterioration of the carousels and at this time its volunteering to help clean the animals and she is currently shocked at their conditions. The people that were hired to be caretakers were excellent, however, quit in 1998 because they had no place to work and were told by the Parks and Recreation Department that something would have to be done in order to preserve the carousels but they continued to go down hill. All of the animals are deteriorating and she feels that the machinery is not being taken care of properly. In her letter she recommended that an assessment of the entire carousel be completed. The Parks and Recreation Department responded with an assessment of mold, and paint cracking and peeling and checking machinery. She expressed concern over the condition of the machinery and whether it is being taken care of properly. She indicated she would support Ms. Jeanette with the assessment request and there is a need to know what’s wrong.
Mr. Daniel Young spoke to the council regarding victim assistance, the Fayetteville Street Mall removal, parking meters, city laws, his right to symbolic speech, property taxes, the welfare act, prison sentences for black versus white, police training rather than additional jobs, how he was denied his claim of compensation and victims rights, citing constitutional rights and violations.
David Goff, representing the Passage Home Board of Directors presented the following prepared statement and approximately 20 people stood in support.
“Good evening Mayor Meeker and Members of the City Council. My name is David Goff and I am here this evening as the President of the Board of Passage Home, speaking on behalf of the Board of Directors and the families we serve. I have been a practicing physician in Raleigh since 1985, and I was a consultant and Medical Director for the NC Medicaid program for the past five years. I became involved with the work of Passage Home because I saw great potential in this community development corporation being able to touch many people and their lives here in Raleigh.
Our request this evening is to ask the City Council to include a $100,000 operating and capacity building grant for Passage Home, Inc. beginning July 1, 2005. Each of you have received detailed information about our programs, housing and service to the community.
My work here in Raleigh has been healthcare…the fine work of Passage Home is lifecare. Now in our 15th year of operation, Passage Home has grown to directly assist about 75 homeless families a year making the transition to permanent affordable housing. In 2002, we completed Milburnie Place which is a community of 14 affordable homes. We are currently managing 82 units of affordable housing, with the plan by the end of this year to bring that number to 100 units. We have worked in our housing programs and initiatives to support the city’s scattered site policy by placing permanent and transitional housing in north, east and west Raleigh. We have an active partnership with the Raleigh Police department to improve the dynamics of stressed neighborhoods in our Weed and Seed program. AND…we have received a national award last year for our transitional 18 month program for women coming out of prison, called the Harriett’s House. The list goes on,…and I will keep my remarks short.
During our history with the city, Passage Home has leveraged more then $1 million dollars on average for each of the past 10 years. We have secured funds for our housing and services from diverse sources including U.S. Dept. of HUD, the NC Housing Finance Agency, Wake County, private banks and individual donors. Over this past decade, the city has not provided any direct operating support for Passage Home. We need the City of Raleigh to make a strategic investment in Passage Home’ work. This will help us as a non-profit partner of the City to implement the ‘10 Year Plan to End Homelessness’, restore housing in blighted areas of our city, and build human capacity in neighborhoods we seek to redevelop. This will enable Passage Home to strengthen its ability to respond to our community’s needs.
The City of Raleigh has a precedent for investing in housing non-profits who work to expand the stock of affordable housing. Great cities across the country establish such strategic investments because the governing bodies know that government, by itself, cannot do it all. It needs strong partners to help realize its vision. With these funds, Passage Home will expand and strengthen its operations, hire a full time Development Director and work towards expanding other private funding.
Next year, Passage Home has big plans. We will complete construction on permanent housing for men leaving the Healing Place. We will help secure more housing for those returning from prison to our community. We will complete construction on the Raleigh Safety club and establish a Voluntary Tax Preparation Center there. We will expand our programs to provide home buyer and economic literacy programs in southeast Raleigh. This is in addition to sustaining operations for our after school programs, senior health programs, and strengthening our efforts in the Weed and Seed – Thompson Hunter partnership.
We thank you for considering this strategic investment. We have served the city well in the past. Our programs have touched more than 1000 families of low wealth. This has occurred because of Passage Home partners with ten Faith communities throughout our city. We currently have over 100 people volunteering for a wide variety of programs designed to serve the underserved. We look forward to receiving an investment from the City of Raleigh in this next fiscal year to continue this excellent work. With YOUR support, WE at Passage Home will support these citizens of our great city to develop skills to help themselves. Now…let me introduce Tonya Ward, who is a graduate of Passage Home, and then Ms. Dorothy Sanders will speak.”
Tonya Ward, 1224 Topper Lane, Knightdale, indicated without Passage Home she does not know where she would be. She expressed support for the request of Mr. Goff and Passage Home, explaining that since she was able to be a part of Passage Home she has since been reunited with her children, obtained permanent housing and feels she will be a homeowner in a couple of months. Passage Home helps to provide housing for people that desperately need it and have a caring nature. She urged the Council to please consider the Passage Home request as they are a blessing to many people.
Dorothy Sanders, 908 S. State Street and past Chairwoman of the South Center CAC. Ms. Sanders spoke in support of the City’s Weed and Seed program noting she has lived in Southeast Raleigh for more than 60 years. She saw the positive results of the Weed and Seed program and now has a very different attitude about this program as she has seen its remarkable progress. She would like to urge the Council to continue the Southeast Raleigh Weed and Seed program in their budget and thanked everyone for their hard work and the City for the money towards this program.
Morton Lurie, 4112 Landfall Court presented the following prepared statement:
“*This past year the main focus of the City Council has been projects for downtown Raleigh. Its now time for you to give priority to our CAT bus system. A well-functioning, comprehensive bus system offers broad benefits to all our citizens. It:
- Cuts traffic congestion
- Benefits the environment
- Supports downtown revival and enhances city wide property values
- Alleviates poverty by taking indigents to job sites
- Provides transportation for the elderly and disabled
- Serves those without private means of transportation
- Is the backup transportation system for all Raleigh residents
*City Council approved the Five-Year Transportation Plan in 2003. A plan that specifies major improvements to the CAT bus system. We are entering the third budget year since the plan was approved, but not even all the first year improvements have been implemented. And according to the proposed budget the second year improvements are to be put off till 2006-07. A major problem in executing the plan is a shortage of qualified people focused on it. The recent reorganization of the City transportation administration is a step in the right direction. To support the plan in the coming year the Council must fund:
- A senior transit administrator to oversee the new transportation department
- Additions to the existing staff of two full time professionally qualified scheduler/planners as specified in the plan.
(Note: One Scheduler/planner is needed to identify and correct problems making CAT bus schedules unreliable. This is noted in the plan as a major deficiency in current operations.)
*The Council also needs to fund:
- Completion of all plan year one route changes
- Implementing vital on-time service and performance standards
- Continuing budget support for Sunday service and adding holiday service
- Instituting improved evening service, a plan year two item but vitally needed.
- Completing plan year one, sign and bus stop amenities
*I support two projects outside of the Five Year Plan;
- The TTA initiative to obtain grant support for CAT service to Brier Creek.
- Look to savings for the Wake County School System and additional CAT revenues, by negotiating the use of existing CAT routes to transport some students to school at a discounted fare.
*Since, the Five Year Plan was adopted the Council has not given high priority to funding the CAT bus system. Yet, the bus system is a major element in reducing traffic congestion; of equal importance with; better well maintained roads, and a modern computerized traffic control system. Reviewing the budget, the projected cost of the CAT bus system is not large. Furthermore, through grants, fees and fares a large portion of the budget doesn’t fall on the general fund. For example, State grants provide $2 million in direct support, rider fares another $2 million.
*The $15/yr car tax collected by Wake County for the City, currently is credited to the general fund. To my recollection that tax was levied specifically to support CAT. Crediting the $3.4 million projected for that tax directly to CAT support, as it should be, reduces general fund burden for CAT in this budget to 25% or $2.6 million. That is not a major component of the total projected city budget of $457 million. Furthermore as very well documented in Chapter 16 of the Five Year Plan for every dollar invested in our CAT bus system we received $3 in economic and community benefits.
Thank you for the opportunity of addressing you on this issue.”
Francine Durso, Chair of the Stormwater Management Advisory Commission presented the following prepared statement:
“Francine Durso, Chair of the Stormwater Management Advisory Commission indicated the Commission has reviewed the Phase I and Phase II CIP and the 05/06 budget over several meetings in January and February of this year. The recommendations were approved unanimously on March 3, 2005 and the budget is included in your proposed budget documents. Ms. Durso urged the Council to adopt the 05/06 budget for the stormwater program as proposed. She indicated she appreciates the Council’s support of the Commission and it’s work.”
Blakely Adair, 4408 Ryegate Road, representing Northshore and Brentwood neighborhoods presented the following prepared statement and approximately 12 people stood in support.
“I am president of the Northshore Neighborhood Association, and I’m representing Northshore and Brentwood Today.
Good evening Mayor Meeker, Members of the City Council, and Staff:
We want to thank you again for funding the $300,000 study performed by HDR in 2004 resulting in the preliminary plans for dam rehabilitation and water quality improvement of Northshore and Brentwood Today Lakes. The City’s funding of these studies demonstrates the importance of these lakes to Raleigh.
With scientists predicting eight hurricanes including 4 category 3’s1, most residents are understandably anxious that the proposed solutions will not come soon enough to save these two lakes.
We are here to emphasize the need for timely repairs to the dams and lakes.
1. Completion of the projects would allow detention of a larger quantity of storm water runoff, which has increased in recent years because of the new business construction. This storm water detention is important to the City as a whole and the neighborhood.
a. The spillways of both lakes are in danger of imminent failure and both dams fail to meet State of NC Dam Safety requirements.
b. New Hope Church Road already floods during heavy rains when Northshore Lake breaches the dam and could sustain substantial damage if the spillway fails completely (Northshore project completion would also decrease structural flooding to four homes.)
c. Two current projects downstream of these lakes, the Huntleigh Drive culvert (a $1.7 million project) and Beamon Lake (a $2.5 million project) could be negatively impacted from dam failure of either lake.
2. Completion of Northshore and Brentwood Today Lake projects would also help the city meet regulations set forth in 1997 for improved water quality in the Neuse River Basin.
a. The Brentwood Today Lake spillway is experiencing severe erosion that negatively influences water quality.
b. The proposed design for Northshore introduces many elements that will improve water quality by decreasing sediment and nutrient loads.
c. By increasing storm water retention and improving water quality of both lakes, the water quality downstream will also improve.
Both projects are currently in the permitting process, with Northshore’s construction proposed for October 2006, and Brentwood Today’s construction not proposed to begin until 2009-10. It seems that it would be more efficient to move the construction of Brentwood Today’s project up in the same time frame as Northshore’s. The construction costs could be consolidated, possible damage to downstream sites from both lakes would be reduced at once.
There are improved water quality and stormwater retention results from this project that we hope will continue to keep Northshore and Brentwood Today Lake repairs a high priority for the Council.
Thank you for your consideration.”
Johanna Hessling presented the following prepared statement.
“Janet Hessling, Durham, NC, indicated she is part of the Carousel Task Force and supports the preservation of carousels. She spoke to our carousel’s original condition, restoration efforts and the carousel’s current condition. Ms. Hessling encouraged the Council to include funding for the restoration and preservation of the carousels as well as the environment of the carousel house.”
Bill Ramsey, 821 Ravenwood Drive spoke to the stormwater problem around White Oak Lake, pointing out the Simmons Branch Stormwater Study indicated lake levels are coming very close to flooding homes in this area and feels the recommendation of that study would be an excellent step in the right direction and urged the Council to consider the recommendation of the study.
Stephen Hilton, 3705 Sue Ellen Drive, presented the following prepared statement:
“I am not here tonight to ask for anything from the government. I’m not here with my hand out asking you to finance my pet project, and I won’t ask you to do it for the children.
I’m here instead to talk about a group of people who, I fear, are being inadequately represented at this hear: those who enjoy and value liberty and independence.
I value freedom and liberty and independence. Sometimes I fear that puts me in very small minority, but that’s only on my bad days. On my bad days, it’s hard not feel like everyone thinks that every problem imaginable has a government solution, and that government action – whether regulations or laws or new program – is the solution to any and all problems. On my bad days, I fear that no one even considers that government largesse and overbearance may indeed be the root cause of many of these problems people are clamoring to be fixed. It can be very disheartening.
But that’s on my bad days. Usually, I’m much more upbeat. I try to surround myself with people who enjoy liberty and freedom and independence as much as I do. My family and friends believe that people – everyone – should be able to do as they please so long as they harm no one else. I believe that people should be able keep the money they earn and be able to spend or save it how they choose. I also believe that if I want something, no matter how badly I want it or how important it is, I should pay for it myself.
And, as a person who values freedom and liberty – not just for myself but for everyone around me – I will not and cannot demand that others buy things for me or pay for the programs I like.
I cannot choose for others how their money should be spent, and then demand they spend it that way without their approval.
Or worse, I cannot just take their money from them involuntarily and spend it on projects and programs of my choosing. I certainly can’t do this and claim it’s all in their best interest. Can you? Can anyone?
Each person should be able to decide where, when and how their money gets spent, voluntarily, freely and without the threat of violence – and by violence I mean being arrested and jailed or having their property confiscated. Each person should completely own their own property and their own money and be able to do with it what they want – make good or bad decisions, shrewd or rash, selfish or noble. It’s their money. I love freedom and independence enough to know that’s the right way to do things.
I do not think the trappings of government – a nice building, a nice suit, a oath of office – somehow make it okay to take peoples money, my money. I recognize it for what it is.
Most people who feel the way I do are private citizens who want to be left along to tend to their own business. They work hard to provide for their family and their future and have little time or energy left over to keep the machine of government off their back. I confess I feel that way many times myself.
Some of my associates are apolitical – militantly apolitical. They avoid politics like the plague. Since they know I follow politics and talk about it frequently, I usually don’t get invited to many of their dinner parties. But on the rare occasions that the conversation does steer toward politics, their contempt of the whole process is obvious. “All politicians want is money” they say. “All politicians want is to get a bigger budget and more control and more power.” They say other things about politicians that I can’t repeat here.
But are they wrong? Can a politician pass a budget that *doesn’t* grow? Can a politician pass a budget that doesn’t expand their power and authority by controlling more money? I have my suspicions on the subject, but we’ll all find out how Raleigh rates when the budget goes through.”
Shane Collins, representing the Trailwood Knoll community pointed out the residents of Lineberry Drive and Deep Forest Trail would like to request a mirror at the Lineberry Drive intersection so traffic can see cars coming towards them. They have in the past tried to get a traffic study done and had one study done at Lineberry but the Study recommended no change in signage as there was not enough traffic for a signal light.
Mayor Meeker indicated this item would be referred to the Department of Transportation.
Mo Johnson, representing the Garner Road YMCA, presented the following prepared statement:
“Mr. Mayor and members of City Council, I am Mo Johnson, speaking on behalf of Garner Road YMCA. Unfortunately my CEO is unable to be here. I am here with my handout for the children. The Garner Road YMCA has historically received the City of Raleigh grant. This grant has provided support for many Southeast Raleigh families these families include many single parents with two or more children – in one case 5 children.
The programs that have benefited from this grant include our before and after school program – where we provide training, specialized supervision 6:45 a.m. – 6:15 p.m. – with character traits, recreational activities, swimming and programs that model good sportsmanship attitudes. The grant also supports our track-out program – where child care is provided to families with children tracked out of school. While adhering to the no child left behind vision we offer support to students in reading and mathematics during this program.
We have also provided a Hispanic outreach program to assist with educational and recreational activities to our Spanish speaking families. Fortunately in 2004 we were blessed with a new building dedicated to Mr. J. D. Lewis. This will provide much needed space for more family programs and outreach ministry.
Unfortunately 2004 also brought on other changes with our administrative staff – this created a void in communication in regards to our City of Raleigh Grant. We can’t afford to lose this most vital piece that allows many families to have access to much needed services. On this Sunday we will hold our teen achievers banquet recognizing 3 seniors who grew up, volunteered/worked in our programs – all graduated going go college. Thank you.”
Jason Hibbits, 2146 Ramseur Street indicated he is currently a CAC member and urged the Council to offer its guidance to CACs and get the word out to everyday citizens for the need for their participation. He indicated currently it is a dismal attendance record at the CAC meetings and they desperately need help in areas such as mailing assistance. In regard to the Community Watch program he would like to see some additional officers in District 26 to address crime prevention, funding for COMPSTAT for the police department and would like to urge better communication through the City’s website.
Victor Boone, representing Legal Aid of North Carolina presented the following prepared statement:
“My name is Victor Boone. I am the Regional Manager of Legal Aid of North Carolina for the area that includes the City of Raleigh. I am the former Executive Director of East Central Community Legal Services, which was merged a couple of years ago with Legal Aid of North Carolina (LANC). I am a 28-year resident of this City and I have worked the entire time with Legal Aid.
When my office was known as ECCLS, its responsibility was to provide legal assistance in non-criminal cases to low income residents and senior citizens in a 5-county area, including Wake. For at least 13 years prior to its merger with LANC, ECCLS received a significant grant each year from the City of Raleigh to serve the city’s youth, elderly and homeless with regard to legal matters that confronted them, including evictions from rental property involving elderly persons with legitimate bases for maintaining their living quarters and avoid becoming homeless. In fact, we recently represented a woman in her mid-60’s in that very situation. And earlier in the year we assisted a woman in her 70’s in a foreclosure matter avoid the sale of her home and subsequent loss of more than $120,000 worth of equity in the home. We handle many other types of cases, of course. These are but a few examples of the kind of work that we do that will be compromised if the recommendation of the Human Relations Commission for no funding of Legal Aid is accepted.
For at least the past 16 years and probably 20, Legal Aid has relied significantly on a grant to assist us in providing very critical services to low income and senior residents in this City. During the last 6+ years, at least, the amounts of the grants have been in the range of $30,000 to $35,000. We have always met all of the requirements for receiving the funds and have never fallen short in any respect. I should note that, even though ECCLS merged with LANC a couple of years ago, our responsibility for addressing the legal needs of low income residents in Raleigh has not changed and the devotion of our resources to that effort has been consistently substantial. The Raleigh office of LANC utilizes its staff in Raleigh to serve clients in Wake County almost exclusively. The majority of clients served in Wake County reside in Raleigh. During calendar year 2004, 736 clients out of approximately 934 who were advised or assisted in some way were residents of Raleigh. For the 6-month period from July 1, 2004 to December 31, 2004, Legal Aid provided 1,445 hours of service to eligible Raleigh residents when only 384 hours were required.
In the letter we received several weeks ago from the City’s Human Relations Commission the reason given for not recommending funding for the coming fiscal year was that the Grants Committee “believed that there still is no compelling reason that the City of Raleigh should be the only municipality in the area that funds this agency.”
I commend the Grants Committee for the time and effort that was put into reviewing the numerous applications for funding. I must take issue, however, with the rationale employed for their recommendation of no funding for Legal Aid. Given the statistical data I have given you, it is simply not supportable. It is clear from that information that the City is in no way being short changed in favor of Wake Forest, Zebulon, Cary or any other municipality. If anything, the statistics support an argument for more funding. We’re not, however, asking for anymore than we have received in recent years despite the growing demand for our services. I could talk to you for a long time about that demand and how more desperate the circumstances have become for so many low income persons in this City, but, obviously time does not permit that.
For the reasons I have given you, I ask that you again provide the requested funding. Otherwise, a significant number of residents of the city will likely be adversely affected by being denied critical help with regard to legal needs they can ill afford to address by any other means.
That concludes my presentation to you. Now I would like the chair of the Local Advisory Council of the Raleigh office to make a few comments in support of continued funding.”
Tim Sullivan, Chair of the Advisory Council of Legal Aid of North Carolina indicated he would like to echo the comments made by Mr. Boone. He urged the Council not to follow the recommendation of Human Services and continued to support legal aid. There is a huge demand on legal aid of Raleigh and its demand continues to increase. Last year they had over 30,000 requests for assistance and statistics demonstrate a reasonable request. Approximately 70 percent of the clients of legal aid come from the Raleigh area.
Paul Brandt, 4405 Mardelis Spring Drive, indicated he would like to make some comments to improve the revenue side of the budget. He indicated he is a supporter of the Inspections and Planning Departments and has become so as he became more aware of the Planning Department since he was involved in the development process. His concern is within the areas of Planning. They have had no staff increase over the past years and only a .3 increase in their budget. If Council wishes to continue to increase fees and development they need to consider Planning has already received 57 plans just this year and only less than half of them have been approved to this point. There are graph indicators that show there is an increase in demand. He indicated there are currently inspection fees and inspection scheduling problems that indicate very serious problems beneath the surface. Code Enforcement Officers are chasing rainbows. The revenue producing part of the City business needs some serious attention and should be addressed through staff an additional training. He indicated there is a rate increase for water and sewer service proposed in the budget. He noted a 9 percent increase is significant increase for the average person and there should be some way to allow certain fees not to be universally applied in some way to mitigate their impact. He pointed out there is a large aging population that is seriously impacted by raising of fees and cost of services.
Ken Zogry, 4345 Sunscape Drive indicated he is the Director of the Pope House in Raleigh, noting they appreciate all the visitors that have been to the Pope House and spoke to the Council support for $175,000 in a matching grant for the museum foundation. He explained the Pope House is a nonprofit group and it is critical to continue to receive funding from the City. Mr. Zogry explained they currently have an agreement to purchase the property from the estate for $495,000 in cash and they also have cultural donors and they are now told the donors did not want to contribute until the City is on board and has made a commitment for funding. He continued to urge the Council to consider their request.
Mary Freeman, representing the Tammy Lynn Center indicated the Tammy Lynn Center is working on a number of issues pointing out there has been a tremendous funding shortfall and they are working hard to address this issue. They are going to the Community for their support and believe they will come forward. Currently 109 families are at risk.
Mr. Gary Carr, Finance Director for the Tammy Lynn Center indicated they have revised their funding request to $100,000 but they feel the commitment is extremely important in order to continue to provide services for the upcoming fiscal year. Ms. Freeman indicated if the City is able to continue with their funding at the requested amount it will certainly help to close the gap and serve these families for the next year. Tammy Lynn Center is working very hard across the state and are currently looking at legislative action to assist them.
Bill Shelby, 12317 Campbellwell Court, Wakefield, indicated he is representing concern citizens of Wakefield in regards to the bridge over the Neuse River on Falls of the Neuse Road. He indicated the bridge is outdated and dangerous and noted this has been discussed with CAMPO and the State and the problems are well documented. There have been two more head-on collisions on the bridge and as yet there are no fatalities but it’s only a matter of time. He urge the City to take a leadership roll in an effort to replace the bridge and include the funding in the budget. He is very concerned about the safety of the school children that cross over this bridge 180 days out of the year. There are 50 buses to Wakefield and they cross over the bridge with 40 children in each bus. He indicated it is a very serious situation and he feels the State is waiting on Raleigh to take a leadership roll and encourage the City’s support.
Patty Pilarinos, 2312 Plantation Drive, Wakefield, indicated she is originally from Duck, North Carolina and noted that on the way up here she passed a number of new restaurants and new roads but never passed another car. Currently in Raleigh it is a white knuckle commute in going over the Falls of Neuse Bridge an encouraged support of the replacement of the bridge and support of Mr. Shelby’s comment.
Mary Bell Pate, 2506 Crestline, indicated she had a few issues she would like for the Council to consider. 1) Property owned by Pender Garner at 601 Carolina Pines Avenue, indicating a portion of this property is a landfill and it is not appropriate for development. Mr. Garner would like to donate this property as green space and offer it to the City for City maintenance. 2) South Gateway Project Phase 3 she urged the Council to put this project on a fast track to a sure development and the rest to insure appropriate development in the rest of the corridor. 3) Centennial Parkway, in reference to the grass and maintenance, pointed out she has contacted Russell Allen who told her that Centennial Parkway was a state road. The median landscaping and grass on the north side is a disgrace, it looks like a hayfield. She would like to see the City enter into an agreement with the State to help pay for maintenance of Centennial Parkway. 4) The intersections of Wade Avenue and Faircloth Street she indicated there is a need for turn signals at Wade Avenue for traffic turning to the west. 5) Ms. Pate indicated she is bringing this item forth for Mildred Flynn regarding the mini-park in Caraleigh, and spoke to the Parks and Recreation Department that has provided personnel and buses for children in the past. The service has been discontinued but pointed out there are more children now in the neighborhood than there use to be. It would be very nice to have their activities back around the Eliza Pool Park.
Ms. Kekas indicated there was an issue regarding the signals at Faircloth being referred to Administration to look into.
Jimmy Parker, President of the Raleigh Professional Firefighters Association, presented the following prepared statement:
“Dear Mayor and Councilors: I would like to take this opportunity to express the concerns of the members of the Raleigh Professional Fire Fighters’ Association as they relate to the 2005-2006 Proposed Budget. Before I begin I would like to express appreciation. The City of Raleigh Fire Department has come a long way in the last several years. The department has replaced the most senior members of its apparatus fleet. We are about to place a new aerial company in service. High-speed Internet is finally in the fire stations. Our training tower is soon to be replaced. Much of the credit for our upgrades goes to Mr. Allen. He saw our many deficiencies and set out to correct them. Though the fire department has come a long way, much work remains to be done. We are playing catch up from years of neglect and insufficient funding; many upgrades and improvements are still necessary.
We are no closer today than a year ago to complying with National Fire Protection Association standards and Occupational Health and Safety Administration laws regarding minimum staffing. We still have three fewer aerial companies than what is recommended by the Insurance Service Office. You will not the proposed budget includes an SUV for answering medical calls in order to reduce the wear and tear on aerial trucks. This is the wrong approach; if the department had aerial companies in sufficient numbers, existing apparatus would not see so much abuse. We continue to struggle with technology upgrades: fire apparatus do not carry mobile computers while many of our contemporaries have done so for years. We have to adopt a schedule so fire engines and ladder trucks are replaced before they are so decrepit as to be unreliable and unsafe. Our Service Division budget is insufficient to the point of being humorous. How can anyone reasonably expect the fire department to operate and maintain 26 fire stations and 50 pieces of heavy equipment and outfit 523 personnel for $2.14 million per year?
Finally, cost-of-living allowances have not been sufficient to keep up with inflation for a number of years. Rising consumer prices are constantly eroding the buying power of employees. During just the first quarter of this year, the Consumer Price Index rose more than the recommended COLA. It is unfair for employees to suffer the consequences of the city council’s refusal to take steps to assure sufficient revenue.
Raleigh sells itself as a world-class city. Seven years ago, a consultant found that Raleigh operates on a budget one-quarter the amount of peer cities. There should be no wonder that our infrastructure is crumbling and employees are underpaid. I am asking you to take one of two steps. Be bold and take measures to ensure the city receives adequate revenue. Or, work to see that existing revenues are focused on funding the essential functions of local government at the premium level one would expect from a world-class city.”
SIDEWALK INSTALLATION – SAWYER COURT – HEARING – RESOLUTION ADOPTED
This was a hearing to consider adoption of a resolution confirming charges for Sidewalk Assessment Roll 347-Sawyer Court according to charges outlined in Resolution 2005-508 adopted on May 3, 2005. The Mayor opened the hearing. No one asked to be heard, thus the hearing was closed. Mr. West moved adoption of a Resolution directing the sidewalks installation as advertised. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Resolution 549.
PU-2001-6 - WAKE CHAPEL CHURCH – HEARING – RESOLUTION ADOPTED
This was a hearing to consider adoption of a resolution confirming charges for Water Assessment Roll 1284-A-Wake Chapel Church according to charges outlined in Resolution 2005-509 adopted on May 3, 2005. The Mayor opened the hearing. No one asked to be heard, thus the hearing was closed. Ms. Taliaferro moved adoption of a resolution directing the water line installation as advertised. Her motion was seconded by Ms. Kekas and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Resolution 550.
STREET IMPROVEMENTS – FALLS OF NEUSE AND MILLBROOK ROAD – HEARING – RESOLUTION ADOPTED
This was a hearing to consider proposed improvements consisting of paving, curb and gutter and relocation of existing sidewalk along Falls of Neuse and Millbrook Roads necessary to add a second left turn lane to every approach of that intersection along with an exclusive right turn lane on the westbound approach of Millbrook Road. No assessments will apply. The Mayor opened the hearing.
Deborah Samad, 904 Pebblebrook Drive presented the following prepared statement:
“There is a great deal wrong with this project:
The figures quoted for traffic volume are out of date. I understand the figures for current traffic volume were obtained in 2003; since then, I-540 was opened and traffic at the intersection does not back up (all the way to the junction with Quail Hollow Drive) like it used to. As for projected traffic flow, I would like to know what the parameters are for calculating future traffic volume, and whether factors that tend to reduce traffic are part of the calculation, e.g.: gas costs; new development that encourages local activity.
There is only moderate congestion at the intersection. Congestion used to be a problem; traffic would back up to Quail Hollow Drive, but since I-540 became operational, the problem has resolved. Congestion, such as it is, is generally limited to morning and evening rush hours; I have spoken to many people who use this intersection and none report excessive or unacceptable congestion or waiting. I question spending $2,000,000 on a problem that exists only 2 or 3 hours a day, five days a week.
Increased road capacity does not solve traffic problems. Enlarging roads always leads to increased traffic. Relieving people of a three minute wait at a traffic light is not a good use of $2,000,000; those who can’t wait three minutes need to learn to tolerate it or get up earlier.
Pedestrian use of the intersection is significant. Owing to the location of two or three apartment complexes within walking distance, the area is frequented by a lot of people on foot, and at least two handicapped persons, all of whom may be disadvantaged if the roads at the intersection are any wider and harder to cross. At the meeting on April 25th, it was acknowledged that the gentleman who rides the tricycle in the area has been hit by vehicles five times already!
Wide lanes and intersections encourage driving at high speed. At the meeting on April 26th, it was acknowledged that traffic regularly travels this stretch of road at 50mph, even though the posted speed is 45mph. If drivers are exceeding the speed limit in narrower than average traffic lanes, widening the lanes will exacerbate that problem; if the current narrow lanes force people to slow down, that’s a good thing!
The intersection is close to Millbrook Elementary School. 700 children come and go each school day. Some ride buses, some travel in cars, and some walk. Within the last 6 weeks there was a collision between a school bus and a car. Increasing capacity at the intersection is very likely to result in cars traveling through it at greater speed, which increases the risk to users of the school. There are two preschools on the street and several medical buildings too.
Pollution will increase. Trees are not just decorative; they remove pollutants from the air. Every time mature trees are sacrificed to enlarge a road there is an increase in pollution as the number of cars increases and the ability of the trees to clean the air is reduced.
There are many intersections and roads in more urgent need of repair. The following intersections are more congested than Millbrook and Falls of the Neuse: Spring Forest and Falls of the Neuse (despite having been widened); Millbrook Road and Capital Blvd.; Millbrook Road and Six Forks; Wake Forest Road and I-440, (where I see a collision about every two weeks). There is a very serious congestion problem north of Durant Road on Falls of the Neuse Road; there are extensive delays every evening between North Raleigh and Wakefield. Also, there are many streets downtown that are so bumpy and potholed, they are uncomfortable to travel in an older vehicle. The condition of the pavement where the railway crosses New Hope Church Road also is appalling.
I urge the City of Raleigh to preserve this aspect of the quality of life in this neighborhood for those that live in it, rather than cater to the dubious perceived needs of those that pass through it.”
Mr. Dean Fox indicated that actual traffic count have increased since the opening of I-540 so the 2003 counts are no longer accurate.
No one else asked to be heard and the hearing was closed. A motion was made by Ms. Taliaferro to adopt the resolution directing the street improvements. Her motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Resolution 551.
SIDEWALK REPAIR – VARIOUS LOCATIONS – HEARING – RESOLUTION ADOPTED
This was a hearing to consider adoption of a resolution directing the following sidewalk repairs:
LOCATION APPROXIMATE COST
5937 Westcreek Place $364.00
1203 Clifton Street $840.00
1205 Clifton Street $1,325.60
1510 Sunrise Avenue $224.00
208 Hillcrest Road $435.40
218 Hillcrest Road $336.00
1801 Trailwood Drive $1,645.00
225 Woodburn Road $1,134.00
204/206 Woodburn Road $448.00
436 North Harrington Street $495.25
This work is to be assessed at 100 percent of actual cost to the adjacent property owner in accordance with Section 6-2023 of the City Code with payment due upon completion or over a ten (10) year payment option period.
The Mayor opened the hearing on each item. It was pointed out by staff that the repairs at 1801 Trailwood Drive should be removed from the agenda as the property owners at 1801 Trailwood have requested that a bill be sent to the Homeowners Association and they will take care of the repair bill. There were no objections. No one asked to be heard, thus the hearing was closed. Mr. Crowder moved adoption of a resolution directing the repairs as advertised with the exception of 1801 Trailwood Drive. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Resolution 552.
STREET CLOSING STC-1-05 – MAYO STREET – HEARING – RESOLUTION ADOPTED
This was a hearing to consider the permanent closing of right-of-way known as Mayo Street according to information included in Resolution 2005-505. The hearing is pursuant to petition, resolution of intent, and notification as required by law. (STC-1-05)
The Mayor opened the hearing.
Jack Alphin indicated he is supportive of the resolution to close Mayo Street and would be available if there are any questions.
No one else asked to be heard, thus the hearing was closed. Mr. Crowder moved adoption of a resolution directing the street closing. His motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Resolution 553.
ANNEXATION – CITY OWNED PROPERTY – HEARING – ORDINANCE AND RESOLUTION ADOPTED
This was a hearing to consider the annexation of the following City-owned properties pursuant to adoption of resolution of intent. If the Council wishes to proceed with the annexations it would be appropriate to adopt an ordinance annexing the properties effective June 30, 2005 and a resolution placing the properties into the appropriate electoral districts.
LOCATION ELECTORAL DISTRICT
Leesville Road Property - Water Tower E
New Hope Road Property - Water Tower B
Perry Creek Road Property B
Mount Herman Road Property E
Mitchell Mill Road Property - Fire Station B
Northeast Neuse River Property B
Horseshoe Farms Park B
The Mayor opened the hearing on each item. No one asked to be heard, thus the hearing was closed. Mr. West moved adoption of the ordinances and resolutions annexing the properties. His motion was seconded by Ms. Kekas and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Ordinances 843, 844, 845, 846, 847, 848, 849 and Resolution 533.
SANITARY SEWER EASEMENT – HEARING – RESOLUTION ADOPTED
This was a hearing to consider exchanging a sanitary sewer easement relating to Addison Reserve subdivision, phases 4, 5 and 6. The Mayor opened the hearing. No one asked to be heard, thus the hearing was closed. A motion was made by Ms. Taliaferro to adopt a resolution for the exchange of the sanitary sewer easement as outlined. Her motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Resolution 554.
EASEMENT – SALE – HEARING – RESOLUTION ADOPTED
This was a hearing to receive public comment on the City’s intent to sell an easement in Weston Ridge subdivision. The Mayor opened the hearing. No one asked to be heard, thus the hearing was closed. A motion was made by Ms. Taliaferro to sale the easement in Weston Ridge subdivision. Her motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. (Isley/Regan excused) The Mayor ruled the motion adopted. See Resolution 535.
ADJOURNMENT
There being no further business, the meeting adjourned at 10:35 pm.
Donna Hester for
Gail G. Smith
City Clerk
Gh/cc6/7/05
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