Raleigh City Council Regular Session Minutes - 08/05/2014



COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, August 5, 2014, in the City Council Chamber of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 West Hargett Street, Raleigh, North Carolina, with the following present.

Mayor Nancy McFarlane, Presiding

Mayor Pro Tem John Odom

Councilor Mary-Ann Baldwin

Councilor Thomas G. Crowder

Councilor Wayne K. Maiorano

Councilor Russ Stephenson

Councilor Eugene Weeks

Mayor McFarlane called the meeting to order at 1:02 p.m. All Council members were present except Councilor Bonner Gaylord, who was absent and excused. The invocation was rendered by Reverend Dr. Dumas Harshaw of First Baptist Church and the Pledge of Allegiance was led by Councilor Odom. The following items were discussed with action taken as shown.

RECOGNITION OF SPECIAL AWARDS

CERTIFICATES OF APPOINTMENT – VARIOUS – PRESENTED

Mayor McFarlane presented Certificates of Appointment to Shannon D. Weatherly for the Substance Abuse Advisory Commission, Brandy Thompson for the Appearance Commission, and Laurie Jackson for the Raleigh Historic Development Commission.

PROCLAMATION – SANDY ROBERTS DAY – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming August 5, 2014 as "Sandy Roberts Day" in Raleigh. She recognized Mr. Roberts, who was present to accept the proclamation. Mr. Roberts, a former runner for Broughton High School and North Carolina State University, ran the fastest known mile run in state history on July 4, 2014, finishing the inaugural Raleigh Downhill Mile in three minutes and 51.42 seconds, a full 24 seconds faster than his closest competitor.

PROCLAMATION – HEALTH CENTER WEEK – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming the week of August 10-16, 2014 as "Health Center Week" in Raleigh. She recognized Wake Health Services representatives Penny Washington and Elaine Brown, who were present to accept the proclamation. One of the representatives thanked the Mayor and Council, and Mr. Weeks individually, for the support they've provide Wake Health Services over the years. They will be building a 35,000 square foot medical office facility in Southeast Raleigh with the specific intent of serving the homeless, the uninsured, and Medicare and Medicaid patients who have not had access to health services.

RALEIGH TENNIS ASSOCIATION – DONATION – RECEIVED

Mayor McFarlane called forward Parks, Recreation and Cultural Resources (PRCR) Director Diane Sauer and Beth Beam and Susan Flanagan of the Raleigh Tennis Association (RTA) for a presentation. Ms. Beam, President of the RTA, presented the City of Raleigh with a check for $40,000 to be used for tennis court resurfacing. PRCR Director Sauer thanked the Association for its very generous contribution, noting that the RTA has been a true partner with the City of Raleigh for about 10 years, and a true advocate for tennis. In addition to financial contributions, they offer scholarships and equipment to adults interested in learning how to play tennis. She thanked them again for this contribution and their support of tennis in Raleigh.

DISABLED AMERICAN VETERANS – AWARD TO COUNCILOR WEEKS – PRESENTED

Mayor McFarlane called forward Councilor Weeks; Cleveland Bryant, Jr., Immediate Past Commander of Disabled American Veterans; and Algernon Hill, State Department Commander of Disabled American Veterans, for a presentation. Immediate Past Commander Bryant read aloud a certificate of appreciation that was being awarded to Mr. Weeks for his support of the Disabled American Veterans First Annual Homecoming Motorcycle Ride fundraiser, and presented the document to Mr. Weeks.

NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES 2013 PLATINUM PEAK PERFORMANCE AWARDS – PRESENTED

City Manager Ruffin Hall announced that the City of Raleigh Public Utilities Department, Wastewater Treatment Division, was honored recently with triple 2013 Platinum Peak Performance Awards from the National Association of Clean Water Agencies (NACWA) for the Neuse River, Smith Creek, and the Little Creek Wastewater Treatment Plants. The awards ceremony was held during the National Association of Clean Water Agencies' Summer Conference in Portland, Oregon on July 15, and signifies that each plant is in 100% compliance with National Pollutant Discharge Elimination System permit parameters which represents excellence in treatment performance and team work

The Little Creek Wastewater Treatment Plant, which serves the Zebulon service area, received its eighth Peak Performance Award for eight consecutive years of 100% compliance. Facility Manager Brian Gay received the award on behalf of the plant.

The Smith Creek Wastewater Treatment Plant, serving the Wake Forest Service area, received its ninth Peak Performance Award for nine consecutive years of 100% compliance. Facility ManagerWade Shaw received the award on behalf of the plant.

The Neuse River Wastewater Treatment Plant, which serves the Raleigh service area, received its 11th Peak Performance Award representing 100% compliance for the past 11 consecutive years. Facility Manager John Gibson received the award on behalf of the plant.

AMERICAN PUBLIC WORKS ASSOCIATION – H.W. KUEFFNER AWARD – PRESENTED TO GEORGE NANCE

City Manager Ruffin Hall welcomed Russell Byrd and Keith Pugh, representatives of the North Carolina Chapter of the American Public Works Association (APWA) who were at the meeting to present Street Services Supervisor George Nance the H.W. Kueffner Award. The award is given annually in recognition of outstanding achievement in local government service for individuals employed in the field of Public Works.

Mr. Pugh explained this award is named after Herbert William Kueffner, who was the Public Works Director for the City of Durham for years and was the first president of the North Carolina Chapter of the APWA in 1957. Mr. Pugh provided a brief biography of Mr. Nance's career, beginning with four years as a gunner's mate technician for the U.S. Navy, followed by 21 years of service in construction and testing in the private sector, and his employment with the City of Raleigh since 1996. He started as a Construction Inspector in the City's Streets Division, was promoted to Engineering Inspector, and then promoted again to Construction Inspections Supervisor. In 2003, he was promoted to Street Services Supervisor. Since he was hired, Mr. Nance has consistently received outstanding ratings on his annual evaluations and was twice nominated for City of Raleigh Employee of the Year. After commending him on his job performance and his character, Mr. Pugh stated Mr. Nance exemplifies what it means to be a public servant and it is the APWA's honor to present him with the 2014 H.W. Kueffner Award.

BOY SCOUT TROOP 33 – MILLBROOK UNITED METHODIST CHURCH – RECOGNIZED

Mayor McFarlane recognized members of Boy Scout Troop 33 – Millbrook United Methodist Church who were in the audience, and thanked them for attending today's meeting.

AGENCY GRANTEE PRESENTATION – VISUAL ARTS EXCHANGE – RECEIVED

Sarah Powers, Executive Director of the Visual Arts Exchange, thanked the Council for supporting this 34-year-old organization through the Raleigh Arts Commission. The City's funding helps them be creative and respond to what the residents and artists of the community need and want, and helps them be part of the larger effort to make the City of Raleigh the southern capital of arts and culture. The Exchange exhibited over 1,000 artists in 61 exhibits, and had 1,000 artists attend over 73 education programs. The two biggest and boldest projects associated with the Exchange are SparkCon, which will take place September 11-14 with over 2,000 artists, 200 events, and 700 street painters; and the Ignite Creativity Conference with additional investment from PNC Bank. This two-day conference for innovation in the arts brings together musicians, crafts people, visual artists, and filmmakers to learn how to be better business people and to inspire them to make bigger, bolder art and a mark on this community. Ms. Powers thanked the Council again for its support.

CONSENT AGENDA

CONSENT AGENDA – APPROVED AS AMENDED

Mayor McFarlane presented the Consent Agenda, indicating all items are considered to be routine and may be enacted by one motion. If a Councilor requests discussion on an item, the item will be removed from the Consent Agenda and considered separately. She explained the vote on the Consent Agenda will be a roll call vote. Mayor McFarlane stated the following items had been pulled: (1) Proposed Amendment – Unified Development Ordinance (Crowder); (2) Interlocal Agreement – Transit Investment Strategy (Crowder); (3) Road Race – 100 Block of Chamberlain Street Between Hope Street and Logan Court (Crowder/Maiorano); (4) Critical Public Safety Facility Guaranteed Maximum Price Two (Maiorano/Baldwin); (5) Annual Resurfacing Project – Change Order Number Two (Maiorano); and (6) D.E. Benton Water Treatment Plant Backwash waste Clarification Facility – Change Order Number One (Crowder). Mr. Weeks moved approval of the Consent Agenda as amended. His motion was seconded by Mr. Odom and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused). The items on the Consent Agenda were as follows.

RALEIGH DURHAM AIRPORT AUTHORITY – GRANT – EXECUTION OF DOCUMENTATION AuthorizED

The Raleigh Durham Airport Authority is in receipt of a grant offer from the Federal Aviation Administration (FAA) for a project at the Raleigh Durham International Airport. The grant offer in the amount of $1,293,030 is intended for a portion of the cost of Terminal One Aircraft Apron Rehabilitation, RDUAA Project 070509 FA AIP Grant Number 3-37-0056-45-2-14.

When awarding aviation grants, the FAA requires acknowledgement of local governing bodies having jurisdiction.

Recommendation: Authorize execution of the grant documentation by the appropriate City officials. Upheld on Consent Agenda, Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).

LAKE JOHNSON PROPERTY eXCHANGE – AUTHORIZED; RESOLUTION OF INTENT ADOPTED

Property exchange among the City of Raleigh, Wake County Board of Education and Schrader Family Limited Partnership is required for the purpose of acquiring Jaguar Park Drive, formerly known as Stadium Drive, and converting it into public right-of-way. According to the Interlocal Agreement between the City and Wake County Board of Education, the City would convey a 1.13 acre portion of City property to Schrader Family Limited Partnership; Schrader in turn to convey property to the Wake Board of Education; the Board will then convey and dedicate 1.74 acres to the City for the new City street.

Recommendation: Adopt the resolution of intent and authorize publication of a Notice of Proposed Exchange of Property pursuant to GS 160A- 271. Upheld on Consent Agenda, Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused). See Resolution 967.

PETITION ANNEXATIONS – RECOMMENDATIONS APPROVED AS PRESENTED; PUBLIC HEARING SCHEDULED

Area Name Contiguous Petitioner Acres Proposed Use

Providence, Phases Five and Six Howard Moye, Manager, 12.24 Residential

Providence Development of

Raleigh

Satellite Petition – Petitioner Acres Proposed Use

Deferral Recommended_

8401 Bournemouth Drive/Rogers Jonathan S. and Tracy M. 1.18 Residential

Rogers

Recommendation: Acknowledge the annexation petitions and direct the City Clerk to check the sufficiency of the petitions pursuant to State statutes and, except as noted below and if found sufficient, authorize advertisement for public hearing on October 7, 2014. Appropriate agencies should be notified of this request in accordance with our annexation agreement with the Town of Garner.

The property located at 8401 Bournemouth Drive is connecting to City water only; the other utility is not available at this time. It is recommended that the annexation of this property be deferred.

Upheld on Consent Agenda, Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).

Parade Route – OCTOBER 25, 2014 – approved conditionally

The agenda presented the following request for a parade route:

Vicinity of Shaw University, South Wilmington Street, East Cabarrus Street, South Blount Street, MLK, Jr. Boulevard

Ms. Delphine Parker, representing the National Alumni of Shaw University, requests permission to hold a Homecoming Parade on Saturday, October 25, 2014 from 7:00 a.m. until 12:00 p.m.

The actual event will take place from 9:00 a.m. until 11:00 a.m.

She is also requesting permission to allow amplified sound during the event.

Recommendation: Approve subject to conditions noted on the reports in the agenda packet. Upheld on Consent Agenda, Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).

Road Races – VARIOUS – APPROVED CONDITIONALLY

The agenda presented the following requests for road races:

Vicinity of 117 Carl Sandburg Court, Sunnybrook Road, Falstaff Road, Luther Road, King William Road, Donald Ross Drive, Kidd Road, Poole Road, Sungate Boulevard, Allen Grove Court, Michael J. Smith Drive

Ms. Rhonda Rainey, representing Community Vision, Inc. and the Walk for Prostate Awareness, requests permission to hold a fundraising race on Saturday, September 27, 2014 from 8:30 a.m. until 11:30 a.m.

Vicinity of North Hills Shopping Center, Dartmouth Road, Camelot Drive, Rowan Street, Lakemont Drive, Pinecroft Drive, Sweetbriar Street, Duke Drive, Latimer Road

Ms. Tracy Smith, representing the American Cancer Society, requests permission to hold the Making Strides Against Breast Cancer race and walk on Saturday, October 4, 2014 from 8:00 a.m. until 11:00 a.m.

Vicinity of Wholesale Club in the Brier Creek Shopping Center, Vicinity of Macaw Street, Brier Creek Parkway, Moncreiffe Road, Rink Road, Lumley Road and Arco Corporation Drive

Mr. Brent Dorenkamp, representing FS Series Racing, requests permission to hold the GiGi's Cupcake Family 5K race on Saturday, October 18, 2014 from 8:00 a.m. until 11:00 a.m.

100 Block of South Wilmington Street, Vicinity of East Morgan Street, North Bloodworth Street, Oakwood Avenue, Linden Avenue, Jones Street, Elm Street

Ms. Angela Salamanca, representing Dos Centro Restaurant and Day of the Dead 5K, requests permission to hold a fundraising race on Saturday, October 25, 2014 from 11:00 a.m. until 4:00 p.m.

She is also requesting permission to encumber the parking spaces in the 100 block of South Wilmington Street on Saturday, October 25, 2014 from 10:00 a.m. until 4:00 p.m.

She is also requesting permission to allow amplified sound during the event.

Vicinity of Raleigh Beach Road, Allen Drive, the Greenway, and Willowblue Lane

Ms. Dora Morgan, representing Friends of New Bern Avenue and the Run for the Avenue race, requests permission to hold a race on Saturday, November 8, 2014 from 8:30 a.m. until 12:00 p.m.

Vicinity of Martin Middle School, Horton Street, and the Greenway

Ms. Kim McGimsey, representing Martin Middle School PTA and the Main Event Health & Wellness Fair, requests permission to hold a race and fair on Sunday, November 16, 2014 from 3:00 a.m. until 5:00 p.m.

Vicinity of Anderson Point Drive From the Neuse View Drive to the Entrance of Anderson Point Park, Robbins Drive, Rogers Lane, New Hope Road, Poole Road, Trademark Drive

Mr. Butch Robertson requests permission to hold the Raleigh Rocks the Neuse Greenway race on Sunday, November 16, 2014 from 9:00 a.m. until 11:00 a.m.

He is also requesting permission to allow amplified sound during the event.

100 and 200 Blocks of St. Mary's Street, Vicinity of Hillsborough Street, West Park Drive, Brooks Avenue, and Jones Street

Ms. Candice Fuller requests permission to hold the Jingle Bell Run race on Saturday, December 16, 2014 from 8:30 a.m. until 12:00 p.m.

She is also requesting to encumber parking spaces on St. Mary's Street between Hillsborough Street and Jones Street on December 16, 2014 from 7:00 a.m. until 12:00 p.m.

She is also requesting permission to allow amplified sound during the event

Recommendation: Approve subject to conditions noted on the reports in the agenda packet. Upheld on Consent Agenda, Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).

Temporary Street Closings – VARIOUS EVENTS AND DATES – APPROVED CONDITIONALLY

The agenda presented the following requests for temporary street closings:

Ashley Court From Gardner Street to the Dead End

Ms. Debra Wood, representing her neighborhood, requests permission for a street closure on Saturday, August 9, 2014 from 4:30 p.m. until 11:30 p.m.

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

500 Block of South Saunders Street Between Cabarrus Street and Lenoir Street

Ms. Sarah Holder, representing her neighborhood, requests permission for a street closure on Saturday, August 9, 2014 from 6:00 p.m. until 11:00 p.m.

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

1500 Block of Beauty Avenue From Merrywood Drive to Sherrybrook Drive

Ms. Kashika Wimms, representing her neighborhood, requests permission for a street closure on Saturday, August 16, 2014 from 12:00 p.m. until 10:30 p.m. for a memorial block party.

She is also requesting permission to allow amplified sound during the event.

City of Raleigh Parking Lot Located at 1 South Street

Ms. J.D. Walker, representing the House of Akasha, Inc., requests permission to use a City-owned parking lot on Thursday, August 21, 2014 from 7:00 a.m. until Sunday, August 24, 2014 at 11:59 p.m. for Ribfest, a fundraising event.

The actual event will take place on Thursday, August 21, 2014 until Saturday, August 23, 2014 from 11:00 a.m. until 11:00 p.m. and on Sunday, August 24, 2014 from 12:00 p.m. noon until 7:00 p.m.

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

Renyard Court From the Entrance at Beaverwood Drive to the Dead End

Ms. Carolyn Johnson, representing her neighborhood, requests permission for a street closure on Friday, August 29, 2014 from 3:00 p.m. until 11:00 p.m. for neighborhood event.

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

400 Block of Fayetteville Street From Davie Street to Lenoir Street, 300 Block of Fayetteville Street From East Martin Street to the Marriott Circle, Davie Street From South Salisbury Street to South Wilmington Street

Ms. Sylvia Wiggins, representing the Helping Hands Mission, requests permission for a street closure on Wednesday, September 3, 2014 from 6:00 p.m. until Sunday, September 7, 2014 at 12:00 p.m. noon for the Hopscotch Music Festival.

The actual event will be held on Thursday, September 4, 2104 through Saturday, September 6, 2014 from 5:30 p.m. until 10:00 p.m. each night.

She is also requesting permission to encumber all parking spaces on the west side of the 500 Block of Fayetteville Street from Lenoir Street to the south end of the City Plaza on Thursday, September 4, 2014 at 5:00 p.m. until Sunday, September 7, 2014 at 1:00 p.m. (The first four spaces will be reserved for Marriott use).

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

00 Block of Hargett Street Between Fayetteville Street and Wilmington Street

Ms. Casey Porn, representing the Raleigh Times Bar and the Morning Times, requests permission for a street closure on Saturday, September 6, 2014 from 12:01 a.m. until 11:00 p.m. for an outdoor music event.

The actual event will be from 12:00 p.m. until 7:00 p.m.

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

She is also requesting permission to have temporary no parking signs on Saturday, September 6, 2014 from 12:01 a.m. until 11:00 p.m.

500 Block of West Davie Street From South Harrington Street West to the Dead End

Ms. Collier Reeves, representing the Girls Rock of North Carolina, requests permission for a street closure on Saturday, September 6, 2014 from 6:00 a.m. until 9:00 p.m. for an outdoor fundraising music event.

The actual event will be from 12:00 p.m. until 6:00 p.m.

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

She is also requesting permission to have temporary no parking signs on Saturday, September 6, 2014 from 6:00 a.m. until 9:00 p.m.

8400 and 8500 Blocks of Largo Springs Court (Cul-de-Sac Only)

Mr. Derek T. Shreve, representing his neighborhood, requests permission for a street closure on Saturday, September 13, 2014 from 5:00 p.m. until 9:00 p.m. for a neighborhood block party.

He is also requesting a rain date of Sunday, September 14, 2014 from 5:00 p.m. until 9:00 p.m.

He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

Buckhead Drive From Staghorn Lane to Tanbark Way

Mr. Doug Hill requests permission for a street closure on Saturday, September 20, 2014 from 3:00 p.m. until 8:00 p.m. for a neighborhood block party.

He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

100 Through 500 Blocks of Fayetteville Street, 00 Block of Hargett Street Between South Salisbury Street and South Wilmington Street, 00 Block of Martin Street Between South Salisbury Street and South Wilmington Street, 00 Block of Davie Street Between South Salisbury Street and South Wilmington Street, Lenoir Street Between McDowell Street and Dawson Street, 00 Block of Lenoir Street

Mr. Doug Grissom, representing the Raleigh Convention Center, requests permission for a street closure on Thursday, September 25, 2014 at 6:00 p.m. until Sunday, September 28, 3014 at 7:00 a.m. for the Annual Capital City Bike Festival.

He is also requesting permission to encumber the following parking spaces on Friday, September 26, 2014 at 11:00 a.m. until Sunday, September 28, 2014 at 7:00 a.m.:

500 block of Fayetteville Street from the south end of the plaza to Lenoir Street, north side of the 100 block of West Lenoir Street between Salisbury Street and McDowell Street, 200 block of West Lenoir Street between Salisbury Street and Dawson Street, east side of McDowell Street between Lenoir Street and Cabarrus Street, south side of East Morgan Street between Salisbury Street and Wilmington Street.

He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

2200 Block of South Saunders Street Service Road Between Grissom Street and Hamel Street

Mr. Kris Weiss, representing Ray Price Harley Davidson, requests permission for a street closure on Saturday, September 27, 2014 from 8:00 a.m. until 5:00 p.m. for a customer appreciation day.

300 Block of South Harrington Street Between West Davie Street and West Martin Street

Mr. Allen Cobb, representing Magnus Health, requests permission for a street closure on Saturday, September 27, 2014 from 7:00 a.m. until 6:00 p.m. for a Charity Dodgeball Tournament.

He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

700 Block of Hillsborough Street Between St. Mary's Street and Boylan Avenue

Ms. Rae Marie Czuhai, representing the Hilyer Memorial Christian Church, requests permission for a street closure on Sunday, September 28, 2014 from 3:00 p.m. until 8:00 p.m. for a Homecoming Dinner and Celebration.

She is also permission to allow amplified sound during the event.

100 Through 500 Blocks of Fayetteville Street, 00 Blocks of Hargett Street, Martin Street and Davie Street, Vicinity of Salisbury Street and South Wilmington Street, Vicinity of Cabarrus Street Between McDowell Street and South Salisbury Street, Vicinity of Lenoir Street Between Salisbury Street and Fayetteville Street

Mr. Doug Grissom, representing the Raleigh Convention Center, requests permission for a street closure on Thursday, October 2, 2014 from 6:00 p.m. until Sunday, October 5, 2014 at 7:00 a.m. for an outdoor music event.

The actual event will be on Friday, October 3, 2014 from 12:00 p.m. noon until 11:00 p.m. and Saturday, October 4, 2014 from 10:00 a.m. until 10:00 p.m.

He is also requesting to encumber the following parking spaces on Thursday, October 2, 2014 from 6:00 p.m. until Sunday, October 5, 2014 at 7:00 a.m.:

All parking spaces on the 00 block of Martin Street, Parking lots A1and A2, in the 600 block of Fayetteville Street; parking spaces on McDowell Street, east curbline next to the Convention Center; two parking spaces in front of the Longview Center on the 200 block of East Hargett Street; two parking spaces in front of the Pour House in the 200 block of South Blount Street; two parking spaces in front of the Tir Na Nog on the 200 block of South Blount Street; two parking spaces in front of Kings, 14 West Martin Street; selected parking spaces on the west side of the 100 thru 400 blocks of South Wilmington Street; selected parking spaces on the east side of the 100 thru 400 blocks of South Salisbury Street.

He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

200 Block of East Martin Street

Mr. Gerald Ryan, representing the Hibernian Charity of Wake County, requests permission for a street closure on Saturday, October 4, 2014 from 7:00 a.m. until 7:30 p.m. for an Irish Music Festival.

He is also requesting permission to encumber the parking spaces in the 200 blocks of East Martin Street from 7:00 a.m. until 7:30 p.m. and the parking spaces in the 200 blocks of South Blount Street, east side next to Moore Square, from 7:00 a.m. until 7:30 p.m.

He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on city property and permission to allow amplified sound during the event.

100 Block of West Cabarrus Street

Ms. Michelle Boyette, representing the Raleigh Convention Center, requests permission for a street closure on Saturday, August 16, 2014 from 5:00 a.m. until Sunday, August 17, 2014 at 8:00 p.m. to accommodate vehicle displays during the Capital City Classic Car Show event.

She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

Recommendation: Approve subject to conditions noted on the reports in the agenda packet. Upheld on Consent Agenda, Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).

SIDEWALK PETITION PROJECTS – VARIOUS – PUBLIC HEARING SCHEDULED

Sidewalk petitions have been received and signed by a majority (50% plus one) of the adjacent property owners as required by the Residential Sidewalk Petition Policy:

(1) Yadkin Drive from Northbrook Drive to Rampart Street for an approximate distance of 1,468 linear feet. Staff recommends installation of 5-foot wide sidewalk 3.5 feet behind the curb along the east side of Yadkin Drive.

(2) Manchester Drive from Cranbrook Drive to Rampart Street for an approximate distance of 1,964 linear feet. Staff recommends installation of 5-foot wide sidewalk 3.5 feet behind the curb along the south side of Manchester Drive.

The estimated cost of construction for the two sidewalk projects is $222,000. Funds are available in the Sidewalk Petition Program FY15 fund for design and construction.

Recommendation: Schedule a public hearing for Tuesday, September 2, 2014, for approval of the petitions and project authorization. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

CAPITAL AREA TRANSIT – NCDOT ADVANCED TECHNOLOGY CONtract GRANT – EXECUTION OF GRANT DOCUMENTATION AUTHORIZED – BUDGET AMENDed

The North Carolina Department of Transportation (NCDOT) has awarded an Advanced Technology Grant for the installation of smartcard technology on Genfare Incorporated Odyssey fare boxes on seventy Capital Area Transit buses. The funding is 90% State funds and 10% City funds. The Raleigh Transit Authority has adopted a program to offer smartcard technology on CAT buses. The grant will allow this payment option to move forward. This grant was approved by the Grants Committee on July 17, 2014.

Recommendation: Authorize execution of the grant documentation and the budget amendment in the amount of $378,440 as included with the agenda packet. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused). See Ordinance 332 TF 235.

PARKS, RECREATION AND CULTURAL RESOURCES – JOHN REX ENDOWMENT GRANT – EXECUTION OF LETTER OF AGREEMENT AUTHORIZED; BUDGET AMENDed

Notification is received from the John Rex Endowment that the City is awarded a grant to implement a pilot healthy eating initiative for children participating in summer camp and afterschool programs. Staff will work with the Wake County Public School System to increase community access to parks and playground facilities in identified play deserts, thereby increasing active living opportunities for the citizens of Raleigh.

The grant is a non-matching grant for duration of three years.

The Grants Committee approved the application at its April 17, 2014 meeting.

Recommendation: Authorize execution of the Letter of Agreement and the budget amendment of $210,000 as included with the agenda packet. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused). See Ordinance 332 TF 235.

DUKE ENERGY PROGRESS – EASEMENT – ABBOTTS CREEK/DURANT ROAD COMMUNITY CENTER SITE – APPROVED

A request has been received from Duke Energy Progress for an easement on City-owned property located at 0 and 9950 Durant Road for the purpose of locating electrical facilities on the site for construction of the Abbotts Creek/Durant Road Community Center. Parks, Recreation, and Cultural Resources Department is the maintenance manager of the properties and is in agreement with the easement request by Duke Energy Progress. A report was included with the agenda packet.

Recommendation: Authorize execution of easement documents. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

DUKE ENERGY PROGRESS – EASEMENT – 2701 COOLEEMEE DRIVE – APPROVED

A request has been received from Duke Energy Progress for an easement crossing City-owned property located at 2701 Cooleemee Drive for the purpose of locating aerial electrical facilities over the site for construction of a private residence. Parks, Recreation, and Cultural Resources Department is the maintenance manager of this property and is in agreement with the easement request by Duke Energy Progress. A report was included with the agenda packet.

Recommendation: Authorize execution of easement documents. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

TRAFFIC SIGNAL INTERSECTION IMPROVEMENTS (tsii 2014) – T&H ELECTRICAL CORPORATION – Contract NEGOTIATIONS AND EXECUTION AUTHORIZED

Contractual services are necessary to perform traffic signal improvements throughout the City jurisdiction.

Name of Project: Traffic Signal Intersection Improvements (TSII 2014)

Managing Division: Public Works – Transportation Operations

Request Reason: Negotiate and execute contract

Cause of Contract: Supplement City forces for installation of improvements at signalized intersections

Original CIP Project Budget: $250,000

Design Estimate: $214,251 (engineer's original estimate)

Vendor: T & H Electrical Corporation

Prior Contract Activity: N/A

Budget Transfer: N/A

New Project Budget: $195,046

Currently Encumbered (% of estimate): 100%

Amount of this Contract: $195,046

Encumbered with this Approval: N/A

Recommendation: Authorize contract negotiations and authorize the City Manager to execute a contract with T & H Electrical Corporation. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

RALEIGH UNION STATION – AMTRAK PASSENGER INFORMATION SYSTEM – SOLE SOURCE CONTRACT – APPROVED

This contract will be to design, install and operate a Passenger Information Display System (PIDS).

Name of Project: Raleigh Union Station

Managing Division: Public Works Construction Management

Request Reason: Execute contract in the amount of $657,348

Cause of Contract: Full integration with other PIDS within the Amtrak System and to comply with ADA and FRA requirements.

Original Project Budget: $26,500,000 (TIGER IV Grant)

Design Estimate: N/A

Vendor: National Railroad Passenger Corporation (Amtrak)

Prior Contract Activity: N/A

Budget Transfer: N/A

New Project Budget: $26,500,000

Currently Encumbered (% of estimate): 0%

Amount of this Contract: $657,348

Encumbered with this Approval: $657,348

Recommendation: Authorize the City Manager to execute the contract with the National Railroad Passenger Corporation (Amtrak). Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

SHARED TRANSPORTATION RESOURCES – INTERLOCAL AGREEMENT WITH WAKE COUNTY – APPROVED SUBJECT TO REVIEW BY CITY ATTORNEY

The City has an existing agreement for Shared Mobility Management for the Accessible Raleigh Transportation (ART) program and the Wake County TRACs program. The contract will extend the terms for an additional year.

Name of Project: Wake County – Shared Transportation Resources

Managing Division: Public Works – Transit

Request Reason: Execute Contract ($379,313)

Cause of Contract: Extension for year two

Original CIP Project Budget: N/A

Design Estimate: N/A

Vendor: Wake County

Prior Contract Activity: Year one (FY14) $349,482

Budget Transfer: N/A

New Project Budget: $379,313

Currently Encumbered (% of estimate): 0%

Amount of this Contract: $379,313

Encumbered with this Approval: $379,313

Recommendation: Authorize the City Manager to execute an Interlocal Agreement with Wake County subject to review by the City Attorney. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

FIRE AND POLICE BILLING SERVICES – A.T. ALLEN & COMPANY – CONTRACT AMENDMENT NO. THREE – APPROVED

The City has an existing contract for billing services for Police and Fire false alarm fines and fire inspections.

Contract Purpose: Extension of the current service provided by this vendor is necessary to maintain continuity of business for the Police and Fire Department billing services. This will extend the Time of Performance end date to September 30, 2014 and increase the total contract amount per departmental estimates.

Name of Project: Fire and Police Billing Services

Managing Division: Police Department/Office of the Chief; Fire Department/Office of the Fire Marshal

Request Reason: Contract amendment approval (contract amendment > $150,000)

Cause of Contract Amendment: Extension of contract

Original Contract Amount: $140,000 (Police – $75,000, Fire – $65,000)

Vendor: A. T. Allen & Company

Prior Contract Activity: $140,000 (Administrative approval) – original contract (11/13/2012)

$280,000 (Council approval) – Amendment Number One (9/19/2013)

$296,000 (Administrative approval) – Amendment Number Two (4/28/2014)

New Contract Amount: $361,000 (Police – $169,000, Fire – $192,000)

Currently Encumbered: $296,000

Amount of this Contract Amendment: $65,000 (Police – $20,000, Fire – $45,000)

Encumbered with this Approval: $65,000 (prior $296,000 encumbered in previous fiscal years)

Recommendation: Authorize the City Manager to execute the contract amendment. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

HAZARDOUS MATERIALS RESPONSE TEAM – AGREEMENT WITH WAKE COUNTY – APPROVED

The Fire Department has been under contract with Wake County to provide hazardous materials response within Wake County but outside the City limits. The County has proposed to continue accepting this service for Fiscal Year 2014-15. Compensation to the City will be $234,064.

Recommendation: Authorize the City Manager to execute the agreement with Wake County. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

ALLIANCE BEHAVIORAL HEALTHCARE LOCAL MANAGEMENT ENTITY/ MANAGED CARE ORGANIZATION – CONTRACT APPROVED; BUDGET AMENDED

Fiscal year 2015 is the City’s third year of partnering with Alliance Behavioral Healthcare (ABH) to provide Wake County residents requiring specialized services due to intellectual disabilities or physical (mobility) impairments with the opportunity for year-round recreational programming. Funding received from ABH supports inclusion services for those who wish to participate in general Parks, Recreation, and Cultural Resources programs.

Recommendation: Authorize the City Manager to execute the contract with Alliance Behavioral Healthcare and approve the budget amendment of $110,000 as included with the agenda packet. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused). See Ordinance 332 TF 235.

2011 WATER MAIN REPLACEMENT PROJECT 4A – BID AWARDED TO MOFFAT PIPE, INC.; CITY MANAGER AUTHORIZED TO EXECUTE CONTRACT

This contract is for annual replacement of water mains as programmed in the adopted Capital Improvement Program.

Name of Project: 2011 Water Main Replacements 4A

Managing Division: Public Utilities – Capital Improvements Division

Approval request: Bid award

Reason for Council review: Formal bid award

Original CIP Budget: $4,000,000 per year

Construction Bid Award: $2,694,837

Vendor: Moffat Pipe, Inc. of Wake Forest, NC

Prior contract activity: N/A

Encumbered with this approval: $2,694,837

Recommendation: Award the contract to Moffat Pipe, Inc. in the amount of $2,694,837 and authorize the City Manager to execute the contract. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

GLOBAL POSITION SYSTEM/AUTOMATIC VEHICLE LOCATOR TRACKING SYSTEM – CONTRACT AWARDED TO VERIZON NETWORKFLEET; CONTRACT EXECUTION AUTHORIZED

A contract has been negotiated with Verizon Networkfleet for a Global Positioning System/Automatic Vehicle Location solution. The solution will provide and implement a Global Positioning System/Automatic Vehicle Locator (GPS/AVL) tracking system solution for vehicles assigned to the Public Utilities Department. Verizon Networkfleet is an experienced and qualified solution that can provide a real time vehicle information management system for tracking and monitoring the vehicle fleet.

Contract Purpose: Purchase of the software and hardware, provide infrastructure support for the system.

Name of Project: GPS/AVL Solution for Public Utilities Department

Managing Division: Public Utilities – Administration

Approval request: Contract award

Reason for Council review: Formal RFP

Contract Award: $435,740

Vendor: Verizon Networkfleet

Prior contract activity: N/A

Recommendation: Authorize the City Manager to execute a contract in an amount not to exceed $435,734 for three years of service. Terms include the potential for two 1-year extensions in the amount of $100,280 per year. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

WATER TRANSMISSION MAIN ASSESSMENT AND STATE STREET BASIN SEWER ASSESSMENT – CONTRACT AWARDED TO CMD SMITH, INC.; CONTRACT EXECUTION AUTHORIZED

Contractual services are required for work associated with assessments of system water transmission lines as well as assessment of the State Street basin, pursuant to the adopted Capital Improvement Program.

Name of Project: Water Transmission Main Assessment and State Street Basin Sewer Assessment

Managing Division: Public Utilities – CIP

Approval request: Professional services contract

Reason for Council review: Professional services contract >$150,000

Original CIP Budget: Total: $7,130,000

Water transmission Assessment: $920,000

Gravity Sewer Assessment: $2,210,000

Water main replacement $4,000,000

Design Contract Amount: $2,483,400

Vendor: CDM Smith, Inc.

Prior contract activity: None

Previously encumbered: None

Encumbered with this approval: $2,483,400

Budget Transfer Required: Administrative

Recommendation: Authorize the City Manager to execute the contract in an amount not to exceed $2,483,400. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

PREVENTIVE MAINTENANCE TESTING/INSPECTION OF ELECTRICAL DISTRIBUTION EQUPMENT – CONTRACT AWARDED TO ABM ELECTRICAL POWER SOLUTIONS, LLC; CONTRACT EXECUTION AUTHORIZED

Contractual services are required for work associated with preventive maintenance, testing, and inspection services for electrical work at various plants and facilities.

Name of Project: Preventive Maintenance Testing/Inspection of Electrical Distribution Equipment

Managing Divisions: Public Utilities – Resource Recovery Division; Water Treatment Division

Approval Requested: Professional Services Contract

Reason for Council Review: Contract >$150,000

Cause for Contract: To establish a 41-month Contract for Preventive Maintenance Testing/Inspection and Emergency Repairs of Electrical Distribution Equipment that includes both Resource Recovery and Water Treatment Divisions. Includes possibility for two one-year extensions

Funding Availability: Annual Operating Budget

Vendor: ABM Electrical Power Solutions, LLC

Recommendation: Authorize the City Manager to execute the contract. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

CAMPO – TRIANGLE REGIONAL MODELING SERVICES – NORTH CAROLINA STATE UNIVERSITY – AGREEMENT MODIFICATION – APPROVED; EXECUTION OF AMENDMENT AUTHORIZED

The City of Raleigh, as host government for the lead planning agency of the N.C. Capital Area Metropolitan Planning Organization (CAMPO), participates in supporting the Triangle Regional Travel Demand Modeling (TRM) Program Service Bureau provided by the Institute of Transportation Research and Education (ITRE) at N.C. State University. Funding partners for this program, now in its twelfth year, include the N.C Department of Transportation (NCDOT), Triangle Transit (TTA), and the Durham-Chapel Hill-Carrboro Urban Area (DCHC) MPO. This contract modification is a one-year extension of a $600,000 four-year agreement between these agencies for these modeling services.

Name of Project: Triangle Regional Modeling Services for CAMPO

Managing Division: Planning Department, Transportation

Request Reason: Contract amendment approval

Cause of Contract Amendment: One-year contract extension (see backup for detail)

Original Project Budget: $600,000

Design Estimate: $0

Vendor: North Carolina State University

Budget Transfer: N/A

New Project Budget: $615,320

Currently Encumbered (% of estimate): $0

Amount of this Contract Amendment: $126,102

Encumbered with this Approval: $126,102

Recommendation: Authorize the City Manager to execute the amendment. Upheld on Consent Agenda, Weeks/Odom, 7-0 (Mr. Gaylord absent and excused).

BUDGET AMENDMENTS – FIRE AND PARKS, RECREATION AND CULTURAL RESOURCES – ORDINANCE ADOPTED

The agenda presented the following recommended budget amendments:

Fire – $57,000 – To appropriate funding from the North Carolina Department of Public Safety, Division of Emergency Management, in support of the Hazardous Materials Response Team.

Parks, Recreation, and Cultural Resources – $6,000 – To appropriate a donation for youth outreach programs through Community Oriented Government.

Council members received in their agenda packets the accounting detail which included the revenue and expenditure accounts involved in the recommended budget amendments.

Recommendation: Approval of the budget amendments as outlined. Upheld on Consent Agenda Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused). See Ordinance 332 TF 235.

CONDEMNATION – ETON ROAD OUTFALL SANITARY SEWER IMPROVEMENTS PROJECT – RESOLUTION OF CONDEMNATION ADOPTED

Efforts have been unsuccessful to obtain needed easements; therefore, it is recommended that a resolution of condemnation be authorized for the following:

Property Owner: Daniel C. Higgins and Susan Kay Higgins

Location: 3012 Eton Road

Recommendation: Adopt the resolution of condemnation. Upheld on Consent Agenda Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused). See Resolution 968.

ravenwood drive culvert replacement (Sm 2014-0003) – BID AWARDED TO lanier construction Company, inc.

Bids were received June 26, 2014 for the Ravenwood Drive Culvert Replacement with Lanier Construction Company, Inc. providing the low bid of $554,806. Lanier Construction Company, Inc. Small Disadvantaged Minority and Women Owned Business participation is 56.7%. Funding is appropriated in the project budget.

Recommendation: Approve and authorize the City Manager to execute the construction contract with the low bidder, Lanier Construction Company, Inc., in the amount of $554,806. Upheld on Consent Agenda Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).

FIVE POINTS DRAINAGE IMPROVEMENTS (SM 204-0062) – BID REJECTION – APPROVED

Bids were received June 27, 2014 for the Five Points Drainage Improvements project. A total of two bids were received, which is less than the minimum threshold of three bids desired on City construction contracts. The bids were not opened and were returned to the bidders. The project was then re-advertised and a single bid was received and opened July 8, 2014 with Moffat Pipe, Inc. submitting the low bid in the amount of $571,773. The engineer's estimate for the project was $276,724; thus, the low bid is 206.62% over the engineer's estimate. Due to the large difference between the low bid price and the engineer's estimate, staff would like to re-evaluate the project to determine ways to reduce the construction costs.

Recommendation: Reject the bids received for the Five Points Drainage Improvements project. Upheld on Consent Agenda Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).

TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED

The agenda presented recommended changes in the Traffic Code relating to (1) a channelization change for both approaches of Clarendon Crescent at Enloe High School; (2) a speed limit reduction from 35 mph to 25 mph on Portsmouth Lane, Maylands Avenue, Eastbrook Drive, and Bedfordtown Drive; (3) posted school zone times; (4) a channelization change for both approaches for Marlowe Road at Lassiter Mill Road; (5) installation of a yield control sign for eastbound right turns from Old Buffaloe Road onto Buffaloe Road; (6) modification of the length of an existing material loading zone on the south side of Hargett Street to create space for a two-hour parking zone; (7) establishment of a bus zone on the north side of Hargett Street; and (8) revisions to passenger loading and unloading zones for Clarendon Crescent at Enloe High School. The agenda outlined the exact locations involved and why the recommendations were being made.

Recommendation: Approve as recommended and authorize the appropriate changes in the Traffic Code as included in the agenda packet. Upheld on Consent Agenda Weeks/Odom – 7 ayes (Mr. Gaylord absent and excused).See Ordinance 333.

END OF CONSENT AGENDA

UNIFIED DEVELOPMENT ORDINANCE – PROPOSED AMENDMENT – SUBMITTAL AUTHORIZED

The Department of City Planning and the City Attorney’s Office have identified a potential conflict related to the requirements associated with the ownership and maintenance of common elements when a governmental agency is involved. Staff requests authorization to amend Section 1.1.9 of the Unified Development Ordinance to permit the recordation of an alternative legal instrument only when a common element is owned, developed, or maintained by a governmental agency.

Recommendation: Authorize the submittal of a text change to Section 1.1.9 of the Unified Development Ordinance.

Mr. Crowder had requested that this item be withdrawn from the Consent Agenda for further discussion. He remarked there was no back-up in the agenda packet and asked for a quick explanation of the item. City Attorney Tom McCormick explained the amendment was generated by issues that staff has been having while trying to work with the Gregg Museum addition at North Carolina State University. There are situations involving governmental units where the City can get by without procedure. Due to the restrictions on Pullen Park, it will be hard to complete the museum addition without this ordinance amendment.

Mr. Crowder made a motion to authorize the submittal of a text change as requested. His motion was seconded by Ms. Baldwin and carried unanimously. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

TRANSIT INVESTMENT STRATEGY – INTERLOCAL AGREEMENT – APPROVED AS AMENDED

On July 21, 2014, the Wake County Board of Commissioners endorsed taking next steps to address current and future transit needs in the community. The next steps include Wake County developing a transportation and transit investment strategy, working in partnership with the City of Raleigh, Capital Area Metropolitan Planning Organization, Triangle Transit, the Town of Cary, and other transit partners.

An interlocal agreement has been negotiated between the partners to jointly fund the procurement of an expert team of consultants. The principal funding partners are Wake County, City of Raleigh, Capital Area Metropolitan Planning Organization, and Triangle Transit. The City share will be $50,000 for its portion of the funding partnership. Funding is appropriated in the operating budget.

Recommendation: Authorize the City Manager to execute the agreement.

Councilors Crowder and Stephenson had requested this item be withdrawn from the Consent Agenda for further discussion. Mr. Stephenson said everyone is keenly interested in moving forward with transit infrastructure improvements. He would like more information regarding who else is helping to fund the consultant study and with what dollar amounts, and who will be involved in defining the parameters for success that will guide the consultants in their efforts. Mr. Odom said he would like to know what input the City of Raleigh will have in this.

Transportation Planning Manager Eric Lamb explained the City of Raleigh, Wake County, the Capital Area Metropolitan Planning Organization (CAMPO), and the Triangle Transit Authority (TTA) compromise a funding partnership with each entity contributing $50,000. There will be additional participation from the Town of Cary in the amount of $10,000 and possibly some other smaller partners. Measures of metrics have yet to be determined; it is desirable to have a system that everyone can agree to and that provides the County Commissioners comfort in moving forward. The City, the County, CAMPO and the TTA will help define the parameters for success. At this time, the team is primarily staff-based.

Ms. Baldwin noted that part of the request for proposals (RFP) looks at community involvement, and there is a very heavy engagement piece. There will be an opportunity for members of the City Council and the public to have input in the process. Mr. Stephenson would like to see the RFP so he will know what the Council is being asked to spend $50,000 on. He wants to ensure the transit plan is focusing on the City's Comprehensive Plan policy goals for growth management and economic development. It is important for the Council members to be actively engaged in defining the scope of work for the consultant.

Deputy Planning Director Ken Bowers reminded the Council members that staff will be starting the five-year update for the Comprehensive Plan this year. One of staff's priorities is to take a hard look at the transit section and the transportation element. Many things have happened since the Plan was first drafted and the City's transit goals have changed. The Plan needs a more robust transportation element with a clearer set of priorities for transit planning moving forward. The five-year update is an opportunity to take a more inclusive look at the Comprehensive Plan and see what has evolved since it was originally adopted. The rail plan is different than when the Comprehensive Plan was adopted, the Stack plan has been superseded by Triangle Transit Authority's alternatives analysis, Wake County developed a transit plan that is now three years old, the concept of premium transit corridors was developed since the Plan was adopted, etc. There is additional capacity at the staff level from a transit planning perspective and that will be valuable in terms of how the Comprehensive Plan is modified. What is missing is a clearer set of service priorities and what the City is attempting to achieve with its transit investments. Funding is not on the table today; today's topic is the interlocal agreement regarding how the project will be managed. Wake County is leading the procurement effort, and City staff has already been very involved in drafting the RFP.

Mr. Stephenson agreed with Deputy Planning Director Bowers. Mr. Bowers added that the Comprehensive Plan update and Wake County Transit Plan Update will be occurring simultaneously and there will be synergy with these two processes happening at the same time. The information and data collected under the Wake County Transit Plan update will help with the Comprehensive Plan update.

Mr. Crowder expressed concern about having someone other than staff at the table to discuss "strategies to allocate available funds in an equitable manner to address the needs of all cities, towns, and rural areas" and "develop metrics to determine why and when improvements are needed." He pointed out that one of the financing tasks states "Wake County and urbanizing municipal areas should document future investment strategies to support transit and transit corridors" and asked if that means to fund transit. Deputy Planning Director Bowers explained a key question is what to fund out of a countywide sales tax and what should be funded locally, whether that division is between operating capital implementation or something else. The City of Raleigh already spends millions of dollars annually to operate transit services, had transportation projects in the planning phase that will soon be in the construction phase, such as Raleigh Union Station and improvements to the Moore Square bus terminal. Brief discussion took place regarding investment and spending being linked to usage and demand, and how much input each municipality will have in the final product. Mayor McFarlane suggested that further concerns or questions should be directed to Transportation Planning Manager Eric Lamb or Deputy Planning Director Ken Bowers. Mr. Bowers noted the scope of work was stated rather generally in the RFP, with the idea that the respondents to the RFP would expand the scope. Part of the selection process relates to how creative the respondents are in that approach. The scope of work that is finally negotiated with the winning bidder will be different from and much more detailed than the scope contained in the RFP, and Council will have an opportunity to see that the issues raised today are addressed.

Mr. Maiorano made a motion to authorize the City Manager to execute the interlocal agreement for a countywide transportation and transit investment strategy. His motion was seconded by Ms. Baldwin. Mr. Stephenson said he wants to ensure the plan reflects City of Raleigh transit priorities and doesn't want to be presented with a final product to vote on that has no Council input in the document. Deputy Planning Director Bowers suggested that the RFP define a formal role for the governing bodies that are major financial contributors. Although the ultimate adopting entity is the Wake County Board of Commissioners and that vote matters most, it is understandable that the other governing bodies want to be a part of this, too. He believes that issue can be worked out and brought back to the City Council before finalizing the scope of work with the consultants. Mr. Maiorano and Ms. Baldwin accepted that as a friendly amendment to the motion and second. A roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

Temporary Street Closings – 100 BLOCK OF CHAMBERLAIN STREET BETWEEN HOPE STREET AND LOGAN COURT – PINK SHAMROCK RACE ON SEPTEMBER 27, 2014 – APPROVED CONDITIONALLY

The agenda presented the following request for temporary street closings:

100 Block of Chamberlain Street Between Hope Street and Logan Court, Vicinity of Bedford Avenue, Tower Street, Mayview Road, Gardner Street, Barmettler Street, Brooks Avenue, Rosedale Avenue, Van Dyke Avenue, Everett Avenue, Horne Street, and Clark Avenue

Mr. Bruce Bokish, representing Precision Race, requests permission to hold the Pink Shamrock Race and a street party on Saturday, September 27, 2014 from 11:00 a.m. until 8:00 p.m.

The actual race will be held from 2:00 p.m. until 4:00 p.m.

The street party will be held from 2:00 p.m. until 8:00 p.m.

He is also requesting to encumber parking spaces on Chamberlain Street between Hope Street and Logan Court on Saturday, September 27, 2014 from 11:00 a.m. until 8:00 p.m.

He is also requesting a waiver of all City Ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event.

Councilors Crowder and Maiorano had requested that this item be withdrawn from the Consent Agenda for discussion. Mr. Crowder stated he had received an e-mail expressing concern about the waiver of the City's alcohol and amplified sound ordinances for this event. He believes it needs to be referred to the Law and Public Safety Committee for broader discussion since the Committee is already looking at road races generally. Mr. Crowder asked if the waiver of ordinances applied to the entire race route or only certain locations. Emergency Management Coordinator Derrick Remer told the Council that alcohol and amplified sound will only be at the start and finish line around the Compiegne Park area, including surrounding streets. Mr. Maiorano said he also received questions about this race. He suggested that while the Law and Public Safety Committee looks at the City's road race and special events policy, this race would be a good example of a neighborhood that is exposed to a high volume of these types of races. It is going to impact the neighborhood for almost 12 hours during a busy day and is a good example of why the need for such a road race and special events policy is important. EMC Remer noted the actual race route only impacts streets for 10 to 20 minutes. The long-term closure is only at the start/finish area. The request for this race was submitted during the City's transition period for the street closure policy and the race will not be at this location next year. Staff and the race sponsor worked to move the race off of Hillsborough Street, and the sponsor has worked with the Raleigh Little Theatre to coordinate times and road closures to allow people access to their properties.

Mr. Crowder made a motion to approve this road race request and refer the larger item of waiver of alcohol and amplified sound ordinances to the Law and Public Safety Committee to be included in discussion of the road race and special events policy. Ms. Baldwin assured him the Committee is already looking at that as part of the larger policy topic. Mr. Crowder's motion was seconded by Mr. Stephenson and approval was unanimous. Mayor McFarlane ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused).

CRITICAL PUBLIC SAFETY FACILITY – GUARANTEED MAXIMUM PRICE TWO – CONTRACT AWARDED TO CLANCY & THEYS/BALFOUR BEATTY, JV

Authorization to accomplish Phase Two construction (GMP2) and guaranteed maximum price for the Critical Public Safety Facility project is requested at this time. The GMP1 package included the following subcontracts to allow for long lead time items (structural steel and elevators) and to allow site and concrete work to begin during the more advantageous summer weather. GMP1 also included temporary fencing, site excavation, site utilities, building concrete, structural steel, elevators, off-site fiber, and the communication tower.

The GMP2 package includes all other building components necessary to complete the project including the building exterior skin, plumbing, mechanical, electrical, security, and fire protection systems, all interior finishes, audio visual equipment, all communications infrastructure, all fixtures, furniture and equipment and all remaining site work and landscaping. This also includes all equipment provided by Motorola for the emergency communications system.

Name of Project: Critical Public Safety Facility

Managing Division: Public Works Construction Management

Request Reason: Execute contract in the amount of $49,434,547

Cause of Contract: To cover building construction and other procurement items not covered in GMP One

Original Project Budget: $71,000,000

Design Estimate: $4,875,000

Vendor: Clancy & Theys/Balfour Beatty, JV

Prior Contract Activity: $10,195,289

Budget Transfer: N/A

New Project Budget: $60,489,258

Currently Encumbered (% of estimate): 6%

Amount of this Contract: $49,434,547

Encumbered with this Approval: $59,629,836

Recommendation: Authorize the City Manager to execute the contract with Clancy & Theys/ Balfour Beatty, Joint Venture.

Councilors Maiorano and Baldwin reminded the Council they have a standing recusal from this item. The City Attorney confirmed.

Mr. Odom made a motion to authorize the City Manager to execute the contract with Clancy & Theys/Balfour Beatty, Joint Venture as recommended. Mr. Weeks seconded the motion. A roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a vote of 5-0 (Mr. Gaylord absent and excused, Mr. Maiorano and Ms. Baldwin excused from discussion and voting).

STREET RESURFACING PROJECT – BARNHILL CONTRACTING COMPANY – CHANGE ORDER NUMBER TWO – APPROVED; BUDGET AMENDED

Annual Resurfacing Contract for repaving of City of Raleigh maintained streets.

Name of Project: PW 2014-2 Resurfacing Contract

Managing Division: Public Works – Transportation Field Services

Request Reason: Change order approval (change order >$500,000)

Cause for Change Order: Addition of Hoke Street to the Resurfacing Contract and asphalt patch overrun

Original CIP Project Budget: $4,403,700

Construction Bid Award: $4,403,700

Vendor: Barnhill Contracting Company

Prior change orders approved: One ($75,500)

Previous budget transfers: One ($75,500)

Budget transfer – this action: $358,365 from PW Capital Project Reserve Fund

New Project Budget: $4,837,565

Currently encumbered: $4,837,565

Amount of this change order: $358,365

Encumbered with this approval: $4,837,565

Recommendation: Authorize the City Manager to execute the contract amendment and authorize the associated budget transfer as included in the agenda packet.

Councilor Maiorano had requested that this item be withdrawn from the Consent Agenda. While his firm does not have any involvement in this matter or with this contractor on this particular matter, he has previously been excused from discussion and voting on other matters involving this contractor. For transparency reasons, he asked to be excused from discussion and voting on this matter.

Mr. Weeks moved to excuse Mr. Maiorano from discussion and voting on this matter. His motion was seconded by Mr. Odom and carried unanimously, 7-0 (Mr. Gaylord absent and excused).

Mr. Odom made a motion to approve the recommendations as presented. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a vote of 6-0 (Mr. Gaylord absent and excused, Mr. Maiorano excused from discussion and voting). See Ordinance 332 TF 235.

D.E. BENTON WATER TREATMENT PLANT – BACKWASH WASTE CLARIFICATION FACILITY – WHARTON-SMITH, INC. – CHANGE ORDER NUMBER ONE – APPROVED; BUDGET AMENDED

The Backwash Waste Clarification Facility was originally designed and bid as part of the Dempsey E. Benton Water Treatment Plant construction project in 2006, but was removed from the project scope at that time by change order due to the construction bid exceeding the funds available in the CIP budget for the project. Work for this project includes the construction of a backwash waste clarification building, installation of a dissolved air flotation (DAF) clarification system and associated ancillary equipment, DAF pumping station, UV disinfection system for the DAF clarifier effluent, chemical storage and associated feed systems, SCADA/instrumentation systems, and security system.

Name of Project: Dempsey E. Benton Water Treatment Plant Backwash Waste Clarification Facility

Managing Division: Public Utilities – Capital Improvements Division

Request Reason: Change order approval (change order > $500,000)/ budget transfer

Cause for Change Order: Field changes and/or additions in original design as requested by staff. Work includes changes to the type of chemical feed pumps as originally specified, saturator effluent piping material, coating system for walls and floor, storm drain revisions, etc. in efforts to provide for a better operating and safer facility with less maintenance issues in the future. Work also includes the addition of a backwash recycle pump station to allow for the option of recycling the clarified backwash waste to the headworks of the treatment plant or to the "future" terminal reservoir.

Original CIP Project Budget: $6,800,000

Construction Bid Award: $6,272,000

Vendor: Wharton-Smith, Inc.

Prior change orders approved: None

Previous budget transfers: Administrative

Budget transfer – this action: $513,392

New Project Budget: $6,785,392

Currently encumbered: $6,272,000

Amount of this change order: $513,392

Encumbered with this approval: $6,785,392

Recommendation: Authorize the City Manager to execute the change order and authorize the associated budget transfer as included in the agenda packet.

Mr. Crowder expressed concern that this was not brought up during the scoping process or design process, and now staff is presenting a change order to the contract. City Construction Project Administrator Aaron Brower of the Public Utilities Department explained that a lot of issues with this particular change order are related to the project being shelved for a long period of time. It was originally bid with the D.E. Benton Water Treatment Plant, but staff later removed this project from the scope of work. During construction, staff realized there were changes in there that may have been overlooked because of that fact. For example, there was a mechanical process instead of a hydraulic process for the feed pump actuators. The hydraulic process was a new process that staff had seen at another plant, and staff believed the business case supported moving forward with the change order after they had seen the pricing. The same thing happened with the piping. Mr. Crowder said he is not questioning the decision, but the timing. He hopes if a project is shelved in the future, staff will take a fresh look at it and not try to bring it forward as a change order.

Mr. Crowder made a motion to approve the recommendations as presented. His motion was seconded by Mr. Odom and a roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused). See Ordinance 332 TF 235.

REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

Mayor McFarlane said that two of the three items in the Report and Recommendation of the Planning Commission had been pulled; therefore, each item would be discussed individually.

CP-5-14 – AMENDMENTS TO THE 2030 COMPREHENSIVE PLAN – public hearing scheduled for september 2, 2014

The proposed changes will change the Future Land Use Map designation for property located north and west of the intersection of Six Forks Road and Millbrook Road from Moderate to Medium Density Residential.

CR-11579 from the Planning Commission recommends approval and recommends that the City Council authorize a public hearing to be held September 2, 2014.

Mr. Maiorano asked to be excused from discussion and voting on this item as a partner in his law firm is working on this. Mr. Odom made a motion to excuse Mr. Maiorano from discussion and voting on CP-5-14. His motion was seconded by Ms. Baldwin and carried unanimously, 7-0 (Mr. Gaylord absent and excused).

Mr. Odom made a motion to schedule CP-5-14 for public hearing on September 2, 2014 as recommended by the Planning Commission. His motion was seconded by Mr. Stephenson. A roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion approved by a vote of 6-0 (Mr. Gaylord absent and excused, Mr. Maiorano excused).

CP-6-14 – AMENDMENTS TO THE 2030 COMPREHENSIVE PLAN – PUBLIC HEARING SCHEDULED FOR SEPTEMBER 2, 2014

The proposed changes will change the Future Land Use Map designation for property located between Sandy Forks Road and Spring Forest Road, west of Falls of Neuse Road, from Moderate to Medium Density Residential.

CR-11580 from the Planning Commission recommends approval and recommends that the City Council authorize a public hearing to be held on September 2, 2014.

Mr. Maiorano asked to be excused from discussion and voting on this item as a partner in his law firm is working on this. Mr. Odom made a motion to excuse Mr. Maiorano from discussion and voting on CP-6-14. His motion was seconded by Ms. Baldwin and carried unanimously, 7-0 (Mr. Gaylord absent and excused).

Mr. Odom made a motion to schedule CP-6-14 for public hearing on September 2, 2014 as recommended by the Planning Commission. His motion was seconded by Mr. Stephenson. A roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion approved by a vote of 6-0 (Mr. Gaylord absent and excused, Mr. Maiorano excused).

CP-7-14 – AMENDMENTS TO THE 2030 COMPREHENSIVE PLAN – PUBLIC HEARING SCHEDULED FOR SEPTEMBER 2, 2014

The proposed changes would revise the name of the Street Typology Map to Street Plan Map; revise street classifications for portions of Crosslink Road; remove planned street connections in the vicinity of Howard Road and Ray Road; amend roadway alignments between Glenwood Avenue and Capital Boulevard south of Peace Street; and amend future roadway alignments in the vicinity of Skycrest Drive.

CR-11581 from the Planning Commission recommends approval of this request and recommends authorization of a public hearing to be held on September 2, 2014.

Mr. Odom made a motion to schedule CP-7-14 for public hearing on September 2, 2014 as recommended by the Planning Commission. His motion was seconded by Mr. Stephenson. A roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion approved by a vote of 7-0 (Mr. Gaylord absent and excused).

REPORT AND RECOMMENDATION OF THE CITY MANAGER

2014 BOND REFERENDUM – BOND ADVOCACY COMMITTEE – MEMBERSHIP ROSTER APPROVED – PUBLIC EDUCATION PROCESS AUTHORIZED

At the July 15, 2014 Council meeting, final approvals were adopted to proceed with a November 4, 2014 Parks, Recreation, and Cultural Resources Bond Referendum. Traditionally the City Council has supported the creation of a Bond Advocacy Committee to assist with community outreach, education, and fundraising for communications materials in support of the upcoming bond (i.e., signage, print materials and media placement). Parks, Recreation, and Cultural Resources staff has prepared a recommended membership roster of advocacy committee members for consideration.

Recommendation: Approve the Bond Advocacy Committee roster and authorize proceeding with the public education process.

City Manager Ruffin Hall explained that as a follow-up to Council's previous action to approve moving forward with the 2014 Parks and Recreation Bond, staff from the Parks, Recreation and Cultural Resources (PRCR) Department prepared for Council's consideration a list of proposed members for a Bond Advocacy Committee.

PRCR Strategic Planning Superintendent Stephen Bentley explained the Bond Advocacy Committee meets briefly at the end of August. The members are paired with a staff person to make presentations to the community and educate them on PRCR projects. Staff reviewed the 2007 list; current projects; and age and diversity on various boards, committees and commissions to create the following proposed list of 35 members:

Emily Atkinson Sarah King Virginia Tally

Fred Belledin Benson Kirkman Jimmy Thiem

Mohamed Bourham Roger Koopman Jeff Tippett

Richard Bostic Dionne Lester Mark Turner

Kevin Brice David Meeker Gracey Vaughn

Steph Beck Julia Matthews-McClain John Vidmar

Courtney Crowder Reggie McClain Smedes York

Myron Floyd Chuck Neely, Jr. F. Lonnette Williams

Anne Franklin Nancy Novell Carter Worthy

Barbara Freedman Orage Quarles, III David Zell

Terrence and/or Torry Holt Ricardo Perez Cecilia Zuvic

John Kane, Jr. Joanne Sullivan

Mr. Crowder suggested calling former City of Raleigh Mayor Charles Meeker to see if he would be willing to chair this committee. Superintendent Bentley said he will contact him. Ms. Baldwin confirmed with Superintendent Bentley that the first name on the list is Emily Atkinson, and corrected the spelling of Torry Holt's first name.

Mr. Odom made a motion to approve the 35 members and authorize the education process as recommended by staff. His motion was seconded by Ms. Baldwin and approval was unanimous. Mayor McFarlane ruled the motion approved by a 7-0 vote (Mr. Gaylord absent and excused).

REPORT AND RECOMMENDATION

OF THE RALEIGH TRANSIT AUTHORITY

MOORE SQUARE TRANSIT STATION RENOVATION – SCHEMATIC DESIGN – RALEIGH TRANSIT AUTHORITY RECOMMENDATION – RECEIVED

The design team led by Parsons Brinckerhoff has been working with City staff to develop a package of improvements for the Moore Square Transit Station to increase capacity and provide improved passenger amenities. The Raleigh Transit Authority unanimously approved the schematic design at the meeting on July 24, 2014. A presentation will be conducted by Clearscapes providing an overview of the final schematic design and the major considerations that were vetted to reach a unanimous consensus. Contracts for construction will be presented for approval at future City Council meetings.

Recommendation: Receive as information.

Jason Horne, Vice Chair of the Raleigh Transit Authority (RTA), stated he and the consultants would present more schematic designs today for the redesign of the 26-year-old Moore Square transit station. This is part of the Downtown Bus Facilities Master Plan. The four goals of the renovation are to increase capacity, improve public and passenger amenities, activate some underutilized public spaces, and keep the station open and running during construction. Stakeholders and the public have been engaged in the design process, passenger data has been evaluated, and a design was created that provides flexibility as new bus services may be brought into service. The design was presented to the RTA on July 24 and the RTA approved it unanimously. The construction budget of approximately $7M is a combination of federal, state and local funds. Construction could begin as early as the second quarter of 2015 and the estimated construction time is 14 to 18 months.

Steve Schuster of the design firm Clearscapes stated he represented the entire design team, which includes Parsons Brinckerhoff (transportation planner and overall team leader), Stewart (civil, structural, and landscape architecture), Huey International (architectural partner), and Clearscapes. There are two components of the Downtown Bus Facilities Master Plan: the Moore Square Station and how it affects the relocation potential to Union Station and the Raleigh Warehouse District. Two additional goals are to create great people spaces and ensure everything increases the potential for private sector economic development on the blocks surrounding the station. Mr. Schuster's PowerPoint presentation included the following slides:

Project context

Moore Square Schematic Design – Existing

Moore Square Schematic Design – Phase I (adds third bus lane to increase capacity and efficiency of station; replaces customer amenities)

Moore Square Schematic Design – Floor Plan (new ticketing area, new security office, moves crew base from second floor to ground level to increase efficiency of bus staff, new high quality public restrooms, enhance pedestrian street from Fayetteville Street to Moore Square, improve connectivity to the north and south – Martin and Hargett Streets)

Moore Square Schematic Design – 3D Sketch (removing existing stair tower and elevator on northeast corner of existing building as they are in the way of the expansion, focusing on urban courtyard spaces that will enhance private sector development around them)

View moving into station from Wilmington Street (major improvements to courtyard, adjacent restaurant moved dining area into this space)

View moving under the deck (highly visible ticketing and security area on left, public restrooms on right, introducing real time graphic information about buses, created a more human scale under this huge parking deck by continuing new canopies, opening up individual waiting spaces to make them more inviting, and making ticket area highly visible for customer security)

View from outside deck looking west (connectivity through courtyards back to Wilmington Street and ultimately through the two plazas that will be improved in the future creates a strong pedestrian street in east-west direction)

Updated waiting area (better furniture, better lighting, better graphics, and better wayfinding create nicer urban space for waiting passengers)

View looking to the north (updates the feel of a 26-year-old facility)

Mr. Schuster said the RTA had good questions and comments. The design team heavily engaged the community, had a number of public and stakeholder sessions, and set up camp at Moore Square one night to talk to bus passengers to ensure they heard directly from the customers regarding what they wanted, what concerns they had, and what the design team could do to facilitate a better transit experience.

Mr. Crowder complimented the design and asked if the design team looked at the area where the old fountain was in order to refresh it. Mr. Schuster replied that is where the new ticket booth will be, along with the security office, crew base, and restrooms. The goal was to animate that space. Mr. Crowder indicated on one of the sketches the exact area he was referring to, which fronts on Moore Square. Mr. Schuster said in the short term, the design team is considering that space as a possible bus layover area. The long-term goal is for that area to allow the private sector to move in for private sector development and investment. The wide pedestrian street from Moore Square to Fayetteville Street will pass through along the edge of that space, and is part of the next phase.

Ms. Baldwin also complimented the design and asked what kind of investment and plan the City is making for maintenance and cleanliness of the facility. Transit Administrator David Eatman responded that will be a high priority as the project moves forward. There are 7,000 passenger boardings and 6,000 passenger lightings at Moore Square every day. Currently, there is an attendant at the existing facility during all operational hours but there could probably be more, so staff will be assessing that not only from a cleaning standpoint but also other operational areas. This is very important for the sustainability of the facility.

REPORT AND RECOMMENDATION OF THE

BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

NO REPORT.

Mayor McFarlane announced the Budget and Economic Development Committee would not be meeting until September.

REPORT AND RECOMMENDATION OF THE

COMPREHENSIVE PLANNING COMMITTEE

CP-4-14 – Text Amendments to the 2030 comprehensive plan – PUBLIC HEARING SCHEDULED FOR SEPTEMBER 2, 2014

Chairman Stephenson reported the Comprehensive Planning Committee recommends that CP-4-14 as revised by the Comprehensive Planning Committee be scheduled for public hearing on September 2, 2014. A copy of revised CP-4-14 was included in the agenda packet.

On behalf of the Committee, Chairman Stephenson moved the recommendation be upheld. His motion was seconded by Mr. Odom. A roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused).

Chairman Stephenson noted Mr. Crowder would be out of town next Wednesday, so he had asked Council staff to circulate a memo about the possibility of meeting at 11:00 a.m. on Tuesday or right after the Planning Committee meeting on Tuesday.

Ms. Baldwin commented that some of the items pending in the Comprehensive Planning Committee were also brought forward for full Council consideration during a Unified Development Ordinance (UDO) work session. She thought the full Council would be working on those items, but she does not think that has been made clear. Mr. Crowder responded it was his understanding that because these matters are so complex, it was desirable to resolve them in Committee to some point before bringing them to the full City Council.

Mr. Stephenson said it was his understanding that the 11:30 a.m. work session on the UDO was originally scoped as dealing with staff-resolved items that the City Council has not heard about yet. He thought it would be a good idea for the Council to receive an update of the UDO and Comprehensive Planning Committee items that are still under discussion. At the work session, Council discussed the progress of those items as well as the aligning of the Comprehensive Plan and the UDO. Planning staff is putting together a large omnibus staff report on eight action items that will be heard at the next Comprehensive Planning Committee meeting in advance of the half-day work session tentatively scheduled for September 8.

Mr. Odom said he agreed with Ms. Baldwin's comments and asked why staff should have to duplicate its work on these items. Mr. Stephenson explained items 11-12, 13-04, 13-05 and 13-06 are pending in Committee and have been discussed a couple of times already, and staff wants to resolve them and bring them to the full Council with a sense of resolution. (Clerk's Note: The four items pertain to 2030 Comprehensive Plan citizen concerns and potential amendments relative to CP-2-12/consistency in Comprehensive Plan analysis).

Mayor McFarlane asked if that is what staff is considering for the work session. Deputy Planning Director Ken Bowers responded staff's understanding was that the Committee members could deal with these four items as a group so they would be completed and potentially a recommendation would be available to the full City Council at the work session. Item 11-12 is about how the Comprehensive Plan provides policy regarding building height; the other three are Requests and Petitions of Citizens related to Comprehensive Plan and UDO coordination. A significant amount of work has already been done. It is easily transferrable from the Committee to the full Council with some tweaks and with no major impact on staff's workline. Without objection, Mayor McFarlane announced these matters will be left as is.

REPORT AND RECOMMENDATION

OF THE LAW AND PUBLIC SAFETY COMMITTEE

CAT BUS ROUTE 11 – AVENT FERRY ROAD – TIME POINT ADJUSTMENT APPROVED; SHELTER PLACEMENT APPROVED

Chairperson Baldwin reported the Law and Public Safety Committee recommends that the Transit Staff adjust the time point for the 11 Avent Ferry Route to Trailwood Hills Drive and University Suites Drive. The Committee also recommends placing a shelter on Trailwood Hills Drive. On behalf of the Committee, Chairperson Baldwin moved approval of the recommendations. Her motion was seconded by Mr. Odom.

Mr. Crowder asked if any representatives from the neighborhood attended the meeting. Chairperson Baldwin said they were at the first meeting but not the second because they had already been working with staff on this matter. A fairly extensive study had been performed, because the neighborhood asked the Committee members to deal with data, not assumptions. Mr. Maiorano added it was his understanding that staff's recommendation to the Committee was the result of neighborhood process.

A roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused).

Chairperson Baldwin announced the next Committee meeting would be at 4:00 p.m. on August 19.

REPORT AND RECOMMENDATION

OF THE PUBLIC WORKS COMMITTEE

SIDEWALK – SIX FORKS ROAD – REPORTED OUT WITH NO ACTION TAKEN

Chairman Weeks reported the Committee recommends reporting out this item with no action taken. Various resolutions of condemnation were adopted at the July 15, 2014 Council meeting.

Chairman Weeks made a motion to approve the recommendation. His motion was seconded by Mr. Odom and approval was unanimous. The Mayor ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

Chairman Weeks announced the Public Works Committee would not meet in August.

REPORT AND RECOMMENDATION OF THE

TECHNOLOGY AND COMMUNICATION COMMITTEE

DOWNTOWN PARKING SMART PHONE APP – APPROVED

In the absence of Chairman Gaylord, Committee member Baldwin reported the Technology and Communication Committee recommends appropriating $5,000 from City Council contingency as seed money for the development of a downtown parking app, with the understanding that the Downtown Raleigh Alliance (DRA) would raise the remainder of necessary money to develop the parking app (an estimated $25,000 to $30,000). It is understood that the City's Office of Economic Development will work with the DRA in the various efforts.

Ms. Baldwin added that the app is more than just a parking app. For example, it can help people find alternate routes when roads are closed. Mayor McFarlane said her original recommendation had been that the Council look at the North Hills app that contains information regarding special events, locations and hours for restaurants and stores, etc.

Mr. Crowder asked what area the proposed app would cover. David Diaz, President and Chief Executive Officer of the Downtown Raleigh Alliance, told him the area includes the same five districts as the map usually used for downtown Raleigh; the same boundaries the DRA promotes, i.e., Glenwood South, St. Mary's Street, Peace Street, MLK, Jr. Boulevard, East Street, and Hillsborough Street to St. Mary's Street. A lot of money must be raised from the private sector. These apps must be an extension of the way the City markets these areas; they must be discreet without promoting everything. Mr. Diaz pointed out that the biggest issue reported to the DRA security ambassadors by the public is people having trouble finding parking and the parking decks. He has a meeting with Jeff Murison of the Hillsborough Street Community Services Corporation next week and will ask him if he would like the Hillsborough Street area included in the downtown app. It might be a good extension of what the Hillsborough Street CSC is already doing. Hillsborough Street is a very long corridor that extends all the way to Meredith College. He will also look into incorporating the Seaboard/Person Street area, even though that area is not part of the BID (Business Improvement District).

On behalf of the Committee, Ms. Baldwin made a motion to approve the recommendation as presented. Her motion was seconded by Mr. Odom and carried unanimously. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

GIG.U. STATUS REPORT – REMOVED FROM AGENDA WITH NO ACTION TAKEN

In the absence of Chairman Gaylord, Committee member Baldwin reported the Committee recommends that the item be removed from its agenda with no action taken. On behalf of the Committee, Ms. Baldwin made a motion to approve the recommendation as presented. Her motion was seconded by Mr. Odom and carried unanimously. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

APP – UTILIZATION – REMOVED FROM AGENDA WITH NO ACTION TAKEN

In the absence of Chairman Gaylord, Committee member Baldwin reported the Committee recommends that the item be removed from its agenda with no action taken. On behalf of the Committee, Ms. Baldwin made a motion to approve the recommendation as presented. Her motion was seconded by Mr. Odom and carried unanimously. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

REPORT OF MAYOR AND COUNCIL MEMBERS

TRAFFIC – VARIOUS CONCERNS – REPORT REQUESTED

Mr. Maiorano stated he has been contacted by various residents on different traffic issues in District A and with Council's concurrence, would like to request that the City Manager have staff evaluate the following three issues and report back to Council via the Manager's Update.

1. Harp's Mill Road between Litchford Road and Gresham Lake Road – evaluate for No Thru Truck signage and other through traffic controls.

2. Intersection of Harp's Mill Road and Haymarket Lane – evaluate for four-way stop signage.

3. Northbrook Drive traffic calming infrastructure – evaluate relative to a more recently installed four-way stop sign at the intersection of Northbrook Drive and Pamlico Drive; specifically, if there is merit to removing the speed hump on Northbrook Drive that is in close proximity to the stop sign. Include the cost of removal and options for funding the removal, if merited.

Mr. Stephenson commented he always asks himself two questions with regard to traffic controls and in this case, he would direct those questions to evaluation of a four-way stop at the intersection of Harp's Mill Road and Haymarket Lane: (1) is there broad neighborhood support, and (2) can staff think of any condition that would make safety worse. Mr. Maiorano said he would rely heavily on staff to engage in the process thoroughly to ensure traffic control devices are not installed arbitrarily. He thinks Mr. Stephenson raised a good point and he will leave the evaluation to the experts to determine need.

STREET MAINTENANCE – FITZGERALD DRIVE – REFERRED TO ADMINISTRATION

Mr. Weeks reported a traffic issue was raised at last night's Central CAC meeting. There are four big potholes on Fitzgerald Drive, toward the Biltmore Hills Community Center and just before the tennis court area to the left. When it rains the two drainage systems overflow into the street. When it rains, the two drainage systems overflow into the street. This is more of a street maintenance issue, not a Parks and Recreation issue.

TEMPORARY STREET CLOSINGS – VARIOUS DATES AND TIMES – APPROVED CONDITIONALLY

Mr. Weeks presented the following requests for temporary street closings:

Hopemont Drive Between Chavis Way and Haywood Street

Ms. Ashlee Jones requests permission for a road closure to facilitate the One Mom One Heart neighborhood school drive to provide school supplies to families in the community on Sunday, August 2, 2014 from 10:00 a.m. until 5:00 p.m.

She is also requesting permission to allow amplified sound during the event.

Ms. Jones will be responsible for providing four Class II and four Class III barricades necessary to safely block the roadway and for cleaning up any debris immediately following the event. The Police Department and the Department of Transportation do not object to this event. The City Manager added that Ms. Jones got caught in a time crunch and missed the 90-day submission window, but staff recommends approval of the street closure.

Mr. Weeks made a motion to approve the street closing request subject to the conditions as noted. His motion was seconded by Mr. Odom and carried unanimously, 7-0 (Mr. Gaylord absent and excused). The Mayor ruled the motion adopted.

Bledsoe Street and East Lee Street From South Blount Street to Wilmington Street; Wilmington Street From Bledsoe Street to East Lee Street

Ms. Pamela Barefield, representing Ship of Zion Church and Outreach Ministries, requests permission to hold the Ship of Zion Back to School Block Party on Saturday, August 23, 2014 from 10:00 a.m. until 5:00 p.m.

Mr. Weeks commented it is really the service road at the Wilmington Street corner that will be blocked off for a book drive and distribution of bookbags to school children. There is only one house on the street and the residents approved the request. The same conditions apply as for the previously approved street closing.

Mr. Weeks made a motion to approve the street closing request subject to the conditions as noted. His motion was seconded by Ms. Baldwin and carried unanimously, 7-0 (Mr. Gaylord absent and excused). The Mayor ruled the motion adopted.

UDO WORK SESSION – REFERRED TO ADMINISTRATION TO SCHEDULE

Mayor McFarlane stated staff has suggested scheduling the Council UDO work session for September 8 at 4:00 p.m. in the City Council Chamber. Ms. Baldwin said she could not attend as she would be returning from a trip that day.

City Manager Hall said staff would poll for an alternative date.

HOOKAH BARS – UPDATE RECEIVED

Mr. Crowder said he had received correspondence from Jenkins Memorial United Methodist regarding the loss of some its parking due to the hookah bar issue. He asked for an update.

Law and Public Safety Committee Chairperson Baldwin explained the decision is up to the principal of the Partnership School and she encourages church representatives to meet with him. The Committee will meet on August 19 to discuss hookah bars again. The neighborhood generated this issue by sending a video of a fight to the school. The school became alarmed and said if this is going on, the parking lot must be secured. The school asked for increased security and because of reduced resources, the school opted to put up a gate. Christine Krishner has been in contact with the school principal. Ms. Baldwin has suggested the school consider closing the gate after school on Friday and re-open it on Sunday as a compromise. Mr. Crowder opined the issues will remain even if the school closes the parking lot. Ms. Baldwin assured him the issue will be discussed by the Committee on August 19. Based on what she has been told by the neighborhood, things are about 90% better since permitted parking was instituted. The outstanding issue is with the school parking lot. The Committee is dealing with facts and working with the Police Department. Ms. Baldwin has invited Councilor Crowder to the August 19 Committee meeting, but he will be out of town. This is a complex legal issue that the City Attorney has been working on and he will inform the Committee of his opinion at its meeting on August 19. Mr. Crowder said he will follow up with City Attorney McCormick.

RALEIGH MAIN EVENT – COMMENTS RECEIVED

Ms. Baldwin thanked the Mayor for holding a news conference about the Raleigh Main Event and announcing all the great events going on downtown. She also thanked the Raleigh City Museum staff for letting the museum serve as the headquarters.

HALIFAX PARK – COMMENTS RECEIVED

Ms. Baldwin commended Parks and Recreation staff for the awesome Bicycle Tornado facility at Halifax Park and thanked them on behalf of the neighborhood. The park looks great and adds to the district.

APPOINTMENTS

APPOINTMENTS – VARIOUS ACTIONS TAKEN

Bicycle and Pedestrian Advisory Commission – One Vacancy – Laura Wieslo – 2 (McFarlane, Crowder). Ms. Baldwin nominated Evan Brigham. Mr. Maiorano nominated John Pucher. Mr. Stephenson nominated Tim Pflaum. This item will be carried over to the next meeting.

Ms. Baldwin asked how many appointments would be opening up on this Commission. Mr. Stephenson said the BPAC Chairman had told him there would be five openings in September 2015. The Deputy City Clerk said she would provide a report at the evening session. At the conclusion of the evening session, the Deputy City Clerk distributed copies of the current membership roster and confirmed that Mr. Stephenson was correct. The terms of five BPAC members will expire in September 2015 and four of those five are not eligible for reappointment due to length of service.

Human Relations Commission – One Vacancy – Mr. Weeks confirmed that nominee Evonne Jean Bryant withdrew her name from consideration because of her work schedule. Mr. Stephenson nominated Dr. Ricky Scott. This item will be carried over to the next Council meeting.

Parks, Recreation, and Greenway Advisory Board – One Vacancy/Nominations Closed – Lidah Saylor – 0, David Milsap – 6 (Baldwin, Maiorano, McFarlane, Odom, Stephenson, Weeks), Brandon Moore – 1 (Crowder). The Deputy City Clerk announced the appointment of Mr. Milsap.

Substance Abuse Advisory Commission – One Vacancy – no nominees. This item will be carried forward to the next Council meeting.

NOMINATIONS

appearance Commission – DAMIEN GRAHAM REAPPOINTED

The term of Damien C. Graham is expiring. He is eligible for reappointment and would like to be considered for reappointment. Mr. Maiorano moved the Council suspend the rules and reappoint Mr. Graham by acclamation. His motion was seconded by Mr. Weeks and a roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused).

Bicycle and Pedestrian Advisory Commission – AARON PEELER REAPPOINTED

The term of Aaron Peeler has expired. He is eligible for reappointment and would like to be considered for reappointment. Mr. Weeks moved the Council suspend the rules and reappoint Mr. Peeler by acclamation. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused).

Historical Resources and Museums Advisory Board – FIVE TERMS EXPIRING – FOUR REAPPOINTMENTS MADE

The terms of Dwight Coleman, Barbara Freedman, Melissa Hockaday, Ed Morris, Edna Rich-Ballantine, and Tom Ward are expiring. All are eligible for reappointment and would like to be considered for reappointment with the exception of Edna Rich-Ballantine. Mr. Odom moved the Council suspend the rules and reappoint Mr. Coleman, Ms. Freedman, Ms. Hockaday and Mr. Morris by acclamation. His motion was seconded by Mr. Weeks and a roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused). The remaining vacancy will be carried forward to the next Council meeting.

Parks, Recreation, and Greenway Advisory Board – ONE TERM EXPIRING AND ONE VACANCY ANNOUNCED

The terms of Mark Turner and Robert Edward Putze are expiring. Mr. Turner is not eligible for reappointment as he has served six years in succession. Mr. Putze is eligible for reappointment and would like to be considered for reappointment.

Mr. Crowder and Ms. Baldwin nominated Clodagh Lyons-Bastion for the vacancy. Ms. Baldwin, seconded by Mr. Weeks, moved the Council suspend the rules and reappoint Mr. Putze by acclamation. Mr. Maiorano expressed concern about Mr. Putze's attendance record. Council directed the Deputy City Clerk to contact him and ask why he attended so few meetings, then bring the information back to the evening session. At the end of the evening session, the Deputy City Clerk reported she had spoken to Mr. Putze and he had explained most of his work was conducted out of town. He had hoped his travel and work schedule would improve, but instead he will be going out of town even more frequently, and therefore will not seek reappointment. The Deputy City Clerk confirmed for Ms. Baldwin that will make two vacancies on the Parks, Recreation, and Greenway Advisory Board, with one nomination.

REPORT AND RECOMMENDATION OF THE CITY ATTORNEY

NOMINATIONS – CLARIFICATION PROVIDED

City Attorney McCormick told the Council members that they did not have to suspend the rules when reappointing eligible people to the advisory bodies of which they are members. The motion would be to close the nominations and vote on the eligible people.

POLICE DEPARTMENT – BICYCLE DONATION - ACCEPTED

City Attorney McCormick informed the Council that Ray Price Harley-Davidson would like to donate some bicycles to the Police Department for the Youth and Family Services Unit. Due to the timing of Council meetings and the fact there is only one Council meeting in August, he would request that the Council accept the donation.

Mr. Odom made a motion to accept the donation of bicycles from Ray Price Harley-Davidson. His motion was seconded by Ms. Baldwin and approval was unanimous. The Mayor ruled the motion adopted on a 7-0 vote (Mr. Gaylord absent and excused).

GIFTS AND DONATIONS – VALUE LESS THAN $5,000 – CITY MANAGER AUTHORIZATION TO ACCEPT – TO BE PLACED ON SEPTEMBER 2 AGENDA

Secondly, he distributed copies of a draft resolution for Council consideration in September. The resolution authorizes the City Manager to accept certain offers of gifts and donations being offered to the City by private individuals or businesses. This authority would apply to a gift or donation, whether property or money, with an estimated fair market value less than $5,000. It does not apply to gifts of art objects as the City already has an established art acquisition policy.

Ms. Baldwin asked whether the dollar amount could be higher or lower. Mr. McCormick said it could; he had just chosen $5,000.

REPORT AND RECOMMENDATION OF THE CITY CLERK

MINUTES – VARIOUS – APPROVED AS PRESENTED

Council members received in their agenda packets copies of the minutes of the July 1, 2014 and July 15, 2014 City Council meetings and lunch work sessions. Ms. Baldwin moved approval as presented. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all Council members voting in the affirmative. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

DOCUMENT SCANNING – REMOVAL OF DOCUMENTS FROM CITY HALL – AUTHORIZED

The General Statutes and City of Raleigh Code require the City Council to grant permission for public records to be removed from City Hall. Several departments are in the process of entering into a scanning services agreement for digitizing various records. The agreement indicates that a list of all records to be removed in order to scan will be maintained and the vendor agrees that any record that needs public inspection may be returned to the City within two hours. It is recommended that the Council authorize the removal of records for scanning purposes. All requirements of the City's adopted records retention regulations will be followed. Information regarding scanning procedures is included with the agenda packet.

The Deputy City Clerk and City Attorney explained the City Code requires the Council to grant permission each time a public record needs to be removed from City Hall. This approval would be for the removal of public records for scanning purposes only and would eliminate the need for obtaining Council approval each time records are ready to be sent to the scanning company.

Mr. Maiorano moved approval of the City Clerk's report. His motion was seconded by Mr. Weeks and approval was unanimous. Mayor McFarlane ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused).

EVENING SESSION – COUNCILOR MAIORANO EXCUSED

Mayor McFarlane announced that Mr. Maiorano would be unable to attend this evening's session and therefore was excused.

CLOSED SESSION

CLOSED SESSION – VARIOUS TOPICS – HELD

Mayor McFarlane made a motion to enter closed session pursuant to NCGS 143-318.11(a)(4) for the purpose of considering the location or relocation of a business or industry to Raleigh and to discuss any incentives that may be involved in any such move; pursuant to NCGS 143-318.11(a)(2) to prevent the premature disclosure of the Sir Walter Raleigh Award winners for this year; and pursuant to NCGS 143-318.11(a)(5) for the purpose of discussing the possible acquisition of property bordered by Western Boulevard and Lake Wheeler Road. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all Council members voting in the affirmative. The Mayor ruled the motion adopted on a vote of 7-0 (Mr. Gaylord absent and excused). Council entered closed session at 2:45 p.m.

Council reconvened in open session at 3:46 p.m. Mayor McFarlane announced the City Council had discussed the location or relocation of a business or industry to Raleigh and incentives that may need to be involved; received an update on the Sir Walter Raleigh Award winners; and received an update from the City Attorney about possible acquisition of property bordered by Western Boulevard and Lake Wheeler Road.

RECESS

Mayor McFarlane announced there being no further business before the Council, the meeting was recessed until 7:00 p.m. It was 3:46 p.m.

The City Council of the City of Raleigh met in a regular reconvened meeting at 7:00 p.m. on Tuesday, August 5, 2014 in the City Council Chamber of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 West Hargett Street, Raleigh, North Carolina with all Council members present.

Mayor McFarlane called the meeting to order at 7:08 p.m. and announced that Councilors Bonner Gaylord and Wayne Maiorano were absent excused. The following items were discussed with action taken as shown.

JOINT HEARING WITH THE

RALEIGH HISTORIC DEVELOPMENT COMMISSION

HISTORIC LANDMARK – ATWATER-PERRY HOUSE – JOINT HEARING WITH THE RALEIGH HISTORIC DEVELOPMENT COMMISSION – DEFERRED TO SEPTEMBER 2

This is a hearing to consider an application from the Raleigh Historic Development Commission to declare property known as Atwater-Perry House located at 904 East Hargett Street a historic landmark. All legal requirements to hold the hearing have not been completed; therefore the hearing cannot be conducted. It is recommended that the City Council authorize the hearing for September 2, 2014. Without objection, Mayor McFarlane announced this joint hearing would be held on September 2, 2014.

REQUESTS AND PETITIONS OF CITIZENS

TAXI CABS – SMART PHONE SHARE RIDE COMPANIES – COMMENTS RECEIVED; REFERRED TO CITY ATTORNEY

Ms. Lee Churchill, representing taxicab companies and drives of Raleigh, read the following statement into the record:

Good evening, Mayor Mc McFarlane, members of the Raleigh City Council, and everyone here today. May God bless and be with everyone. I am Lee Churchill of Raleigh.

I find it overwhelming in my opinion, the City of Raleigh would even tolerate, or even promote unlawful transportation by technology companies, to undermine the taxicab industries, by smart phone apps!

You should not only have, but require equal rights of protection under the law. You should lawfully abide by the rules and regulations for taxicab operations if you would like to be one!

These technology companies call themselves share-rides but they operate as a taxicab. They sell to the general public as a 24/7 a day service, charging by time and distance, which is on demand, as a taxicab service of operation. This is not a share-ride! A share-ride is more than one destination, stopping and re-starting the meter each time you drop off. Ninety-eight percent of the people know each other, are all within the same party.

They are not at all available to the people with disabilities! Not at all available to people who pay cash only! Who do not own smart phones! In my opinion, this is a taxi caste system, who excludes a large portion of the population, based on racial, economic and disability grounds! I deeply believe, violating the Civil Rights Act of 1964!

They haven't any wheelchair accessible vehicles. They should be able, at any time, to serve all the people, neighborhoods, the disabled, as well as those with different economic incomes!

For right now, they are cheaper than any taxicab. Why? I believe to put the taxicab businesses out of business. Not because they care about the public. No, it's all for their economic gain!!! When the demand grows, I ask, will they use a surge-pricing model that would lead to steeper charges?

They are using a low-cost entry for their drivers. While we pay high insurance, owner/driver permit fees, FBI, SBI background checks officially submitted, along with our fingerprints. DMV checks, photos, drug tests, tags, city/state inspections, full physical exams of our body, hearing and eyes. They test for your knowledge of the city and surrounding areas, along with understanding and speaking English, ending with requiring a green card or proof of citizenship. But technology companies haven't any of the above. Plus, the cost of painting, lettering, meters and top lights. They have people with their private tags, cars and insurance. You are not permitted to operate "for hire" with private tags. We have rules, regulations, and laws to abide by within this city and state, for our companies! Which they answer to no one! Why are they any different? Should we not have to answer to anyone, operate in any capacity or vehicle, serviced by anyone from anywhere, charging anything, even discriminating by selecting who we serve! Will this be in the best interest, for the health, safety and welfare of the general public or is this a serious risk? It's like asking them to police themselves. Really, give me a break!!!

Also, I believe the Federal Trade Commission, under the National Standards Measurements Board, hasn't approved, for technology companies to use the app as a GPS technology, for taxicab metering! It's illegal! We are inspected once a year by the North Carolina Department of Agriculture for our meters, which are mechanical. The internet isn't. It can be adjusted on a computer, without any inspection by the city and state. There are rules and regulations pertaining to the rates we may charge the general public. They haven't any for the rates they charge!

We have proper insurance! With private insurance, will they be subsidized for commercial activities? I do not think so! So they, I believe, are a major liability risk!!! Apps are just a content provider; it is not a company for a driver to work under. Are they independent contractors? Do they parallel each other, or are they incorporated, having control of their workers? In my opinion, they are just a venture capital funded money-making app by a few owners!!! It's a weapon to a attract drivers, by luring in these drivers! Pumping up perks and profits for the drivers! Now, offering huge deals to the public, so they can reel in the trips! An offer you cannot refuse, for now! It's short-term, a come on! This I believe, is nothing but scamming.

This is waltzing into a city, setting tip shop, defying every law passed, using everyday people, with private tags, vehicles, and insurance. This to me is not designed to protect the public, their health, safety and welfare. But, instead, it's putting the entire public at risk! They even adjust the fares on demand! In my opinion this is dynamic pricing!

I personally love law and politics, but do I have the right to practice law without a license? To help another in a legal capacity, as an attorney? No, it is illegal, it's a crime! To practice as a physician or nurse? No, it is illegal, it's a crime! Why? You have to be trained, schooled, certified, and licensed with laws of very strict guidelines. We are and they are not!!!

We want to protect our careers like everyone else! We have a lot invested, long-term commitments to properly serve and professionally protect the general public, as well as our careers!!!

Please stop this illegal invasion!!! In my opinion, this is unfair trade practices, denying us of our rights to enjoy the fruits of our labor!!!

Again I say, this is NOT in the best interest of the public!

Now, I would like to end by presenting to you a signed petition, by owners and drivers, who are officially and legally within the taxicab operations. Also, a list of license plates whom I believe are operating under these technology company apps, as want-a-be taxicabs! I wonder how many are felons, criminals, wanted, or have been in and out of jail, sex offenders. Do they have a valid driver’s license, insurance, registrations, etc.? Who are you riding with? You do not know! With the official, legal taxicabs, you do know!!

If you are not sure of the validity concerning these technology companies upon the health safety and welfare of the general public, go to Yahoo/Google Alerts Uber/Lyft, etc.!!!

Thank you all. Have a good day. God bless and be with you all.

Ms. Churchill gave the list of license plates and the petition to the Deputy City Clerk.

Later in the meeting, just before adjournment, Mayor McFarlane announced without objection that Ms. Churchill's request was referred to the City Attorney.

NEIGHBORHOOD AND POCKET PARKS – MAINTENANCE – REFERRED TO BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

Representatives of Fallon Park and Cowper Drive Park had asked for placement on the agenda in order to present a petition to the Council concerning the maintenance of neighborhood and pocket parks.

Dr. Neill McLeod, 918 Vance Street, Raleigh, NC 27608 read the following statement into the record while showing a PowerPoint presentation to emphasize her remarks:

Good evening, Mayor McFarlane and members of the City Council. I am Dr. Neill McLeod, and my address is 918 Vance Street, 27608, in Hayes Barton. I am a Raleigh native, retired Senior Vice President at Wake Tech, and now an active member of the Five Points CAC Leadership Team.

We are grateful that City leaders have provided many acres of green space through the parks and greenway system, and we appreciate the hard work of the staff that cares for these open spaces. I am here with other Raleigh residents to seek help in addressing a lack of sufficient resources for effective periodic maintenance of Raleigh's parks. This started as a collaboration of Five Points residents. People from other areas are also interested in maintenance in other parks. Some may be here tonight.

The Five Points parks are Cowper Drive, Fallon, and Coolemee Parks. Marshall Street stream/green space in Mordecai is among other areas of concern.

Safety is important as growing numbers of families and their pets use city parks for recreation. A safe and usable park is an amenity and an asset. An overgrown one shelters many animal species, including foxes, rabbits, raccoons, possums, raptors, rodents, and reptiles. Unfortunately, these can include copperheads, rats, and sometimes even bears.

Heavy overgrowth of non-native, invasive vines, in particular English ivy, provides cover for vermin and mosquitoes, and sometimes dog waste is left and covered by ivy, posing a health threat to streams and riparian buffers. It also limits sight lines so that we cannot see across the park to our neighbors. This can encourage criminal activity.

Forest researchers are reporting a growth surge for woody vines, including poison ivy and kudzu. English ivy concerns include displacement of native plant populations and making trees vulnerable to high winds, water, and ice. Keeping parks manicured, safe and attractive makes the surrounding neighborhoods more appealing, leading to stronger property values.

City policy has an "Adopt-A-Park” program, with a half-day, twice a year clean-up staffed by volunteers and a City staff member, but a one morning, twice a year effort is insufficient, no matter how many volunteers.

Parks and Rec staff members face an uphill battle as demand for new parks outpace the resources allocated for maintenance. Private property owners are required to maintain their property and are fined if they do not do so. The City should invest sufficient resources to maintain its own property.

Is there a line item in the budget specifically for neighborhood and pocket parks? We ask that City Council take this matter under consideration in the Budget and Economic Development Committee. We urge you to allocate additional resources to maintenance and to ensure that City staff has what they need to maintain quality of every park the City owns. If budget is insufficient to care for our parks, there might be alternative, outside-the-box ways to address the vine issue. A growing practice by towns and cities to use small goat herds for targeted clean-up of underbrush could be at least a partial solution in Raleigh. We can provide you with additional information about this option. Perhaps a small demonstration project would be instructive. We offer Cowper Drive and Fallon Parks for a trial.

But the first step is for Budget and Economic Development to review the finances.

Thank you for hearing this Citizen's Petition. I'm happy to entertain questions.

Mr. Crowder made a motion to refer this item to the Budget and Economic Development Committee with a request for staff to prepare a report.

Park Superintendent Wayne Schindler thanked and applauded the citizens who were present this evening. They have partnered with Parks, Recreation and Cultural Resources (PRCR) over many years to try to address this issue of invasive plant growth in some of the City's open space parks. It is challenging and not an easy task to undertake. Fallon, Cowper Drive, and Cooleemee Parks are in residential areas and provide green relief in the neighborhoods and stormwater control for adjoining street systems. The PRCR Department does not have sufficient staff resources to go into these open space parks to manage invasive plant species, but have tried to address some of the citizen concerns through the Adopt-a-Park program. People signing on for these programs are required to commit to two volunteer workdays a year. Since 2011, they have performed 15 volunteer project days at Fallon Park involving a number of groups, including the Fallon Garden Club. Cowper Park Drive Park is a recent addition and staff works with two citizens on controlling invasive species. Since 2009, nine citizens have volunteered to help in that park. The largest workday of the year is Service Raleigh Day in the fall when NCSU students work on a number of different park system issues, and they have targeted invasive plant issues over the past few years. Currently, the staff that is maintaining the majority of open space parks is a staff of seven in one park maintenance district, District 4, and they manage a total of 239 acres in that park district. Many of those parks are key parks and see heavy public use. Park Superintendent Schindler reiterated the department often does not have enough staff resources to maintain open space parks in the manner desired by citizens.

Ms. Baldwin asked how many open space parks are within the City limits. Dr. McLeod replied 101, and 42 of them have been adopted. Park Superintendent Schindler pointed out the list of parks Dr. McLeod had received are not all open space parks; there are different categories. He estimated that two dozen probably meet the criteria of open space parks and are of similar character to Fallon Park and Cowper Drive Park. Ms. Baldwin asked if they all have the same invasive species issues, and Mr. Schindler replied affirmatively.

Mr. Crowder said these neighborhoods consider these parks to be neighborhood parks, not open space parks. They consider them assets to their neighborhoods, not just greenery to look at or sit in. Park Superintendent Schindler replied that is understandable. However, there are some things that cannot be done in those parks because of the Neuse River buffer rules and other restrictions. Staff's report will contain information about that as well.

Without objection Mayor McFarlane announced this item was referred to the Budget and Economic Development Committee.

TRUCK PARKING – COMMENTS RECEIVED – REFERRED TO ADMINISTRATION

Margo Wilson and son asked to discuss the lack of available truck parking in Raleigh and talk about the need for parking to be permitted in certain areas.

Lamont Wilson, 2511 Jacena Drive, Raleigh, NC 27610 stated he is a driver for Margo Wilson. They moved to their current location approximately 12 years ago and he has been parking there ever since, until he started getting citations last year. He asked a police officer about it and was told a woman had a problem with another truck driver who had a reefer truck that cuts on and off at night. That issue was resolved, but Mr. Wilson began receiving citations. He has no problem parking at a truck stop, but the closest one is in Greensboro or Kenly. If there was one in Raleigh, or parking space provided, he would be more than happy to park there. Mr. Wilson explained the owner of White Cap allowed him to park his truck at that business, but then other trucks started parking there, they all received citations, including Mr. Wilson, and the business owner decided not to allow anyone to park there any more. Upon her request, Mr. Wilson showed Ms. Baldwin the citations he had received.

Ms. Baldwin asked to refer this to staff to look at the availability of private parking spaces/areas for trucks. City Manager Ruffin Hall told her it is a private sector matter, but he can ask staff to talk to the petitioner about private sector and/or other options. Staff will provide a follow-up report to the Council. Without objection, the item was referred to Administration.

MAMA AFRIKA FESTIVAL – EBOLA VIRUS – ASSISTANCE REQUESTED; REFERRED TO HUMAN RELATIONS COMMISSION

Pearl Forbes and Tiffany Peterson asked to be placed on the agenda in order to request a waiver of fees for Anderson Point Park for the third annual Mama Afrika Festival and Family Fun Day.

Tiffany Peterson, 533 Mountain Lake Drive, Raleigh, NC 27610 read the following statement into the record:

Good evening, Honorable Mayor McFarlane, Councilmen, and Raleigh residents present. Our original request for the Mama Afrika Festival 2015 is important, but not as pressing as our urgent need four our Council to take action by endorsing our efforts to eradicate the Ebola virus by providing awareness, funding, and supplies to the millions that are potentially affected globally. As we all k now, the most recent pandemic has killed hundreds in Liberia, Sierra Leone, and Nigeria, but its potential to spread is imminent unless more fortunate countries like ours do something. The Mama Afrika Growth Organization is focused on cultural awareness and diverse unity, so the initiative to collaborate with local businesses, corporations, and nonprofits is key, in addition to maintaining affiliation with the Angie Brooks International Center in Liberia and the Sean Ingram Creative Arts Academy, which teaches and mentors our students throughout the Wake County high schools.

We also have several doctors, nurses, and other medical professionals supporting us in our efforts right now. In fact, Dr. James Poole, the CEO of Growing Child Pediatrics and Fast Brain offices throughout North Carolina, has agreed to support us because of his extensive education and background in pediatrics and sanitation. In fact, our first event that we have scheduled on August 16 from 11:00 a.m. to 5:00 p.m. will be at his Horizon Drive office. We have promises of monetary and supply donations but we cannot house them at this time without your help. We also have a huge event scheduled at a local church, The Empowerment Center, 2110 New Bern Avenue, on August 23 from 11:00 a.m. to 3:00 p.m. In addition to giving inner city children backpacks and other school supplies, free food, and entertainment, we will have medical professionals sharing information about sanitation in relation to the Ebola virus, and will be collecting monetary and sanitation donations at this event. We have commitments from Duke University and other organizations, but we need some place to house these donations.

Finally, we have the 2014 Mama Afrika Festival, which will be in Garner this year, but we have high hopes to bring this successful event back to Raleigh next year.

We have been busy in a short time due to the continuous reports. We need a facility to store supplies as we collect a bounce house, portable stage, popcorn machine, sound system, and suggestions you have for any other resources that may be available.

Over 780 reportedly have died from Ebola. As I look around Raleigh, I see a growing pool of people from around the world, striving to improve their lives and the lives of others. Now it is our turn to do the same for those first or second generation Africans, or those with families in dire danger of being plagued by the Ebola virus. Allow me to introduce Pearl Forbes, the founder of Mama Afrika, as she shares why this is so important to her.

Pearl Bull Forbes stated she has lived in Raleigh all her life and attended Millbrook High School. Her mother, Pearl Bull, taught at Shaw University. She is in Liberia, West Africa right now. Ms. Forbes said there is a huge African community in the City of Raleigh; there are over 2,000 Liberian citizens in Raleigh and Durham. Her organization wants to educate those living here about Ebola virus symptoms so they know to send their visiting relatives to a doctor if they exhibit such symptoms. Duke University Hospital has donated huge pallets of medical supplies, but her organization needs a place to store them; any old building will do. Companies have already volunteered to ship the supplies to Africa.

Mayor McFarlane said the Council receives multiple requests from people asking for donations for various causes and it is very hard to pick and choose which to support. Ms. Peterson replied they are not asking for money and supplies, just storage space. The Mayor suggested the City's Human Resources Commission could talk to them about matching them up with potential donors. Mr. Weeks, liaison to the Commission, told Ms. Peterson and Ms. Forbes he will get them the contact information for the Chair of the Human Resources Commission so they can be placed on the Commission's next meeting agenda.

MATTERS SCHEDULED FOR PUBLIC HEARING

I-40 BRIDGES PEDESTRIAN RETROFIT IMPROVEMENTS – BUCK JONES ROAD, AVENT FERRY ROAD, AND ROCK QUARRY ROAD – HEARING – PROJECT AUTHORIZED; RESOLUTION ADOPTED

This was a hearing to consider the installation of curbs and gutters, sidewalks, multi-purpose paths, fencing, and bar and metal rails along the Buck Jones Road, Avent Ferry Road, and Rock Quarry Road bridges over I-40 with assessments for curb and gutter to apply.

Project Engineer Sylvester Percival, Design Construction Division of the Public Works Department, presented this item and provided a brief history of the project. The section of I-40 that runs through southeast Raleigh was completed in 1987. This completion sparked many "popcorn developments" along the corridor and the Council saw a need to accommodate the increased pedestrian activity occurring in the general location next to the highway. In 2003, the City Council authorized staff to pursue funding through NCDOT for these pedestrian retrofit improvements. NCDOT placed the improvements on the TIP Program. The City later requested federal funding through CAMPO and in 2011 was awarded $1.64M of SEAMAC funding. The City matched that with $410,000 of local funds approved through the 2011 $40M transportation bond. This created a total budget of approximately $2.05M. A feasibility study was conducted in 2013. The study concluded it would take an estimated construction total of about $11M to make improvements along six of the locations staff had looked at: Trenton Road, Buck Jones Road, Avent Ferry Road, Trailwood Drive, Lake Dam Road, and Rock Quarry Road. The City only had a $2.05M budget to work with, so staff evaluated privatizing improvements, which resulted in the improvements for the three roads that are the subject of this hearing. The federally funded deadline is very tight and the City must submit preconstruction activities for this project by the beginning of September 2014.

Bob May, Wetherill Engineering, presented the proposed improvements over the three bridge overpass sections of I-40 and used a PowerPoint presentation to illustrate his remarks. Slides included the funding (broken down by project) and schedule; existing bridge at Buck Jones Road; typical section proposed for Buck Jones Road bridge (shared lane on right and exclusive bike lane on left – shared lane will allow right turns into the church, the school located to the north, and their facility to the south of the bridge); standard typical section for Buck Jones Road (relocating curb and gutter to install sidewalk within the existing bridge space); bridge safety fencing (installing a safety rail behind the three-bar rail – this provides safety and allows retention of the existing three-bar rail that does not meet the minimum 42" requirement); concrete vertical face rail (positive protection for pedestrians and school traffic going across I-40); overhead view of Buck Jones Road (changing road section from four lanes to two, exclusive bike lanes to the west, a shared bike lane to the east); existing bridge at Avent Ferry Road; standard typical section for Avent Ferry Road (sidewalk will be installed on east and west sides of the bridge to meet the minimum requirements of the City); two standard typical sections for Avent Ferry Road (one showing existing curb and gutter to the south adjacent to and closest to Tryon Road, the other showing location of sidewalk to be installed and where it will be widened out to include width for a bike lane and a sidewalk); aerial view of Avent Ferry Road (Tryon Road off the screen to the left, existing curb and gutter running along the subdivision as far as the second entrance; sidewalk has been woven to miss a power pedestal in the middle section; new curb and gutter and sidewalk to be installed off the screen to the right; sidewalk will be carried across the bridge approximately 400 feet north where it will tie into the existing greenway to Lake Johnson; sidewalk to be installed on the left side of the bridge to avoid any future conflicts with NCDOT and the bridge); existing bridge at Rock Quarry Road; standard typical section for Rock Quarry Road (will install multiuse path on the left and sidewalk on the right, shared bike lanes on both approaches); two standard typical cross section options for Rock Quarry Road (one showing the multiuse path and one showing the concrete sidewalk); aerial view of Rock Quarry Road improvements (installing curb and gutter on all approaches; installing pedestrian crosswalks; reworking signals through the area for pedestrians; providing refuge islands where possible; multiuse path to the west and sidewalk to the east); aerial view approaching flea market and Wake County school entrance on the right (installing crosswalks; connecting to existing sidewalk; adding handicapped ramps and high visibility crosswalks in all locations; all three signals are being upgraded); and the remaining schedule (complete right-of-way certification and award construction contract – winter 2014; begin construction – spring 2015; complete construction – fall 2015).

Mr. Crowder asked what comments were made by the Appearance Commission. Mr. May said the Commission had wanted the fence eliminated, but that cannot be done. Mr. Crowder asked if alternatives had been considered, perhaps using Percent for Art funds. The Town of Cary did a good job eliminating fences. The fence makes the gateway entrance to the City look like a penitentiary. Project Engineer Percival said using federal funds for these types of construction projects can get tricky, and he is not sure if Cary used federal funds. Mr. Crowder would like to see this addressed for all three projects.

Mr. Crowder said he is glad to see a multipurpose path on Rock Quarry Road and asked if it will connect to a greenway. There is a greenway on Avent Ferry Road that goes all the way down to the park and it seems logical to have a wider section on the east side for more safety. All the property to the south of I-40 is in Wake County and the property on the other side is all park, so the City will not see any redevelopment there. A wider section on the east side would also eliminate the need for fencing on both sides. Ken Dunn, Senior Project Engineer for the Design Construction Division of the Public Works Department explained staff's thought process for the improvements to both sides of Avent Ferry Road. NCDOT will be improving the bridge across Lake Johnson in the future; that project has already been scoped by NCDOT. The City would not want to eliminate the possibility of joining to that in future. Mr. Crowder said he does not see the need for sidewalks on both sides since one side will not be developed. Ms. Baldwin disagreed and pointed out the City is trying to install sidewalks on all sides of all streets to make the City transit- and pedestrian-friendly. Design Construction Manager Chris Johnson reiterated staff is trying to connect and not conflict with what NCDOT is doing at the Lake Johnson bridge. They are scoped to have bike lanes on both sides and sidewalks on both sides. City of Raleigh policy shows that to be the standard and that is what staff and the consultants have done since the beginning of this project. He cautioned the Council against making a change in the process this late. NCDOT had its first public meeting on the Lake Johnson bridge project last fall.

Mayor McFarlane opened the hearing and the following people spoke.

Don Payne, Head of School at Grace Christian School, 801 Buck Jones Road applauded Public Works for this project making the bridges safe. The sidewalks will help with foot traffic. However, they are very concerned with the idea of changing Buck Jones Road from four lanes to two lanes. The road bears a tremendous amount of traffic seven days a week in that area, especially from the school and Hope Community Church. Mr. Payne does not believe a proper traffic study has been performed about lane reduction. An outside traffic management company has already been paid $25,000 to help manage the safety of their families and allow neighbors to get through their traffic and down Buck Jones Road. Dropping to two lanes will clog all traffic in both directions from Farm Gate Road to Nottingham Road. The church and the school have buses that travel through there. Approximately 400 children go to school in the morning and leave in the afternoon. There is no "wiggle room" and traffic will be impossible with only two lanes. Mr. Payne requested that a proper traffic study be done before these changes are made.

Lloyd Dillon, Hope Community Church, echoed Mr. Payne's comments. The church has an attendance of around 5,400 on weekends. Many people are bused to and from the old Crossroads Ford dealership to Hope Community Church. They love the idea of sidewalks because on nice days, they will have as many as 200 people walking to church. Their biggest concern has always been pedestrian safety and not holding up through traffic in the neighborhood, which is why they hire outside firms to manage traffic during the week and during service times. Currently, the move traffic through and do not impede it, but going to two lanes will cause problems. Their biggest concern is right turn in and allowing through traffic to go through.

No one else asked to be heard; thus the hearing was closed.

Ms. Baldwin asked staff to comment on the last issue. Design Construction Manager Johnson explained this project dovetails into the Buck Jones Road project that has already been approved by Council and is currently under right-of-way acquisition. Traffic studies were done as part of the other project and two lanes with proposed roundabouts at Farm Gate Road and Bashford Road were suitable for the projected traffic on Buck Jones Road. Improvements at the bridge will jibe with the other Buck Jones Road improvements.

Discussion continued regarding the I-40 bridges improvements, their effect on traffic, various traffic configurations, beautification of the bridges, and use of different types of funding. Transportation Planning Manager Eric Lamb provided more information about NCDOT's plan for improvements to the Lake Johnson bridge.

Mr. Odom made a motion to approve the I-40 bridges pedestrian retrofit improvements project for the three roads as presented. His motion was seconded by Ms. Baldwin and carried by a vote of 5-1 (Mr. Crowder voting in the negative, Mr. Gaylord and Mr. Maiorano absent and excused). See Resolution 969.

SEWER EASEMENT EXCHANGE – THE TOWNES OF ESSEX – HEARING – EXCHANGE APPROVED; RESOLUTION ADOPTED

This was a hearing to consider a sanitary sewer easement exchange for an existing 20-foot wide sanitary sewer easement approximately 169 linear feet valued at approximately $7,900 for a new 20-foot wide sanitary sewer easement values at approximately $13,800 located on property known the Townes of Essex at Edwards Mill Road and Glenwood Drive. The new infrastructure alignment and proposed exchange renders the City whole in its ability to provide ongoing sewer service, so no monetary consideration applies.

Mayor McFarlane opened the hearing. No one asked to be heard; thus the hearing was closed.

Mr. Stephenson made a motion to approve the sewer easement exchange as presented. His motion was seconded by Ms. Baldwin and approval was unanimous. The Mayor ruled the motion adopted by a vote of 6-0 (Mr. Gaylord and Mr. Maiorano absent and excused). See Resolution 966.

ANNEXATION – VARIOUS LOCATIONS – HEARINGS – ORDINANCES AND RESOLUTION ADOPTED

This was a hearing to consider the following petitioned annexations. If following the hearing the Council wishes to proceed, it would be appropriate to adopt ordinances annexing the properties effective August 5, 2014 and a resolution placing the properties in the appropriate electoral districts.

LOCATION ELECTORAL DISTRICT

Watts Chapel Missionary Baptist Church D

2729 Howard Road A

Mayor McFarlane opened the hearing on each location.

Ellen Crowley, 2732 Full Circle, Raleigh, NC 27613 read the following statement into the record:

Thank you for your time this evening. My name is Ellen Crowley and I reside at 2732 Full Circle, adjacent to the property located at 2729 Howard Road. This is my neighbor, Manuel Dubald, who resides at 2800 Romealia Lane, also adjacent to 2729 Howard. Our homes are separated by Stonehenge Park Drive, which is on the currently on the Comprehensive Plan as connecting to Howard Road. I have some exhibits for your convenience.

We are not opposed to the annexation of 2729 Howard Road, but have concerns regarding access to this property. During your session earlier today there was a recommendation from the Planning Commission to lift the extension of Stonehenge Park Drive from the Comprehensive Plan, leaving a dead end between our homes.

Representatives from our HOA and I, along with legal counsel, had a meeting with various City employees regarding access to 2729 Howard. The conclusion to separate our neighborhood from the planned development of this parcel was a petition for street closure to be filed by ourselves and the owner of 2729 Howard. We have had good conversations and are trying to work closely to have the desired outcomes in the best interest of all involved.

Appearing this evening was our intention to make the Council aware of this situation and the assurances provided by the property owner and subsequent developer.

No one else asked to be heard; thus the hearing was closed.

Mr. Crowder moved adoption of ordinances annexing the properties effective August 5, 2014 and a resolution placing the properties in the appropriate electoral districts. His motion was seconded by Mr. Weeks and a roll call vote resulted in all Council members voting in the affirmative. The Mayor ruled the motion adopted on a vote of 6-0 (Mr. Gaylord and Mr. Maiorano absent and excused). See Ordinances 334 and 335 and Resolution 970.

UNFIT BUILDING – 619 CUMBERLAND STREET – PROHIBIT OCCUPANCY UNTIL REPAIRED – HEARING; ORDINANCE ADOPTED

This was a hearing to adopt an ordinance, pursuant to the provisions of Article 11.6.12 of the Unified Development Ordinance Code for the City of Raleigh, to prohibit the occupancy of the unfit dwellings until repaired in compliance with the requirements of the Housing Code:

LOCATION TAX

AND DISTRICT PROPERTY OWNER ID NO. TIME LAPSE

619 Cumberland Street Dorothy Mitchell Gibbs and 0047741 54 days

Mary M. Overton Heirs

Mayor McFarlane opened the hearing. No one asked to be heard; thus the hearing was closed.

Mr. Odom made a motion to adopt an ordinance prohibiting occupancy of 619 Cumberland Street until repaired in compliance with Housing Code requirements. His motion was seconded by Mr. Stephenson and a roll call vote resulted in all Council members voting in the affirmative. The Mayor ruled the motion adopted on a vote of 6-0 (Mr. Gaylord and Mr. Maiorano absent and excused). See Ordinance 336.

REZONING Z-8-14 – CENTURY DRIVE – HEARING HELD OPEN TO SEPTEMBER 2

This was a hearing to consider a request from Crabtree Office, LLC to rezone approximately 2.69 acres from Office and Institution-1 and Neighborhood Business to Commercial Mixed Use – Five Stories – Conditional Use (CX-5-CU). The property is located on the north and south sides of Century Drive and the intersection with Lead Mine Road (Z-8-14).

Mayor McFarlane opened the public hearing.

Planning and Zoning Administrator Travis Crane presented this rezoning request. There is an existing office development on the property; the request would allow for future reuse of the property. Slides included views of the property from Century Drive and Lead Mine Road; topography and floodplains showing constraints the property currently deals with; existing zoning map; proposed conditions (certain uses prohibited; floor area gross limited; certain uses limited to ground floor or first floor above ground floor parking); a comparison of existing v. proposed zoning; the Comprehensive Plan Future Land Use Map (FLUM) showing the property appropriate for Office/Research/Development (which does not anticipate any residential use); the Urban Form Map showing the property's location on an urban transit corridor; and Comprehensive Plan analysis. The Planning Commission recommended approval of the request by a vote of 9-0, finding it consistent with the FLUM, the Urban Form Map, and the Comprehensive Plan, and finding it reasonable and in the public interest. The Midtown CAC unanimously recommended approval. Staff has identified a couple of minor outstanding issues related to public infrastructure that will be addressed during the site plan process.

Jason Barron, Esq., Morningstar Law Group, 630 Davis Drive – Suite 200, Morrisville, NC 27560-6849 stated he was standing in for his law firm partner Michael Birch. He said Mr. Crane did excellent job describing the scope and nature of his client's proposal. Under the existing O&I-1 classification his client may put 3,000 square feet of retail on bottom floor. The rezoning would allow 6,000 sf of retail on the bottom floor; hence, the condition caps retail at 6,500 sf. As Mr. Crane indicated, the request is consistent with the FLUM and is trip neutral from a traffic generation standpoint.

The Mayor asked how the proposal could be trip neutral when the amount of retail was being doubled. Mr. Barron speculated it was because his client is removing office use in exchange for retail use. Mayor McFarlane stated generally speaking, she is not a fan of more retail in Crabtree Valley, but this is only 6,000 sf and the retail use is probably aimed at the office buildings surrounding this property. Attorney Barron said there is no plan yet, but retail would probably occupy the entire bottom floor of his client's building.

Mr. Stephenson pointed out that no frontage has been selected and asked if staff prefers Urban Frontage for this property. Planning and Zoning Administrator Crane replied there is a transit emphasis corridor here (Glenwood Avenue). He believes the urban thoroughfare extends up Lead Mine Road and gives guidance for Urban Frontage here. He is not sure of the conversation that occurred between staff and the applicant as to the application of an Urban Frontage, but the policy guidance would certainly lead in that direction. Mr. Stephenson opined it seems like this is the time to apply the frontage. There is some heavy tree canopy foliage along that same primary thoroughfare frontage. The Mayor interjected at the intersection of Glenwood Avenue and Lead Mine Road, particularly. Mr. Crowder suggested Green Frontage would be appropriate to preserve trees, but that is an urban frontage. Mr. Crane said that probably would not address the issue because with Green Frontage there would be a built-to condition and that would trump tree conservation. Mayor McFarlane asked how the trees could be saved. Planning and Zoning Administrator Crane replied the subject property is greater than two acres in size, so it is subject to tree conservation. If Urban Frontage is applied, the potential exists for removal of trees upon development. Mr. Crowder suggested applying Green Frontage with the condition that the applicant actively preserve trees, and that would be more restrictive. Mr. Crane said he would have to explore that suggestion further because it might be less restrictive due to building setback requirements. Mr. Crowder suggested the applicant could add a condition stating there would be no parking between the street and the building. Planning and Zoning Administrator Crane assured the Mayor and Mr. Crowder that the UDO will take care of saving the trees through tree conservation requirements. The floodway and the presence of the thoroughfare will require that those trees will be retained.

Attorney Barron stated Mr. Birch did not give him authority to do anything today except present the case. Opportunities for redevelopment on this property are severely constrained. Their client's focus is to bring retail to the bottom floor of the building, not mow down trees. He asked that the Council defer its decision until September 2. Mr. Crane confirmed there are no time issues involved with holding the case open. Without objection, Mayor McFarlane announced the public hearing would be held open until September 2.

SITE PLAN SP-45-13 – 616 OBERLIN – HEARING DEFERRED TO SEPTEMBER 2

A hearing to consider an appeal from Dall Wilson related to Planning Commission approval of a Preliminary Site Plan for properties located at 616 Oberlin Road and 615 Daniels Street (SP-45-13). The appeal is pursuant to City Code Section 10-2141. Mayor McFarlane announced that the petitioner had requested the hearing be deferred until September 2. Without objection, the hearing was so deferred.

ADJOURNMENT

There being no further business before the City Council, Mayor McFarlane announced the meeting adjourned at 8:38 p.m.

Leslie H. Eldredge

Deputy City Clerk

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