Raleigh City Council Regular Session Minutes - 06/03/2014
COUNCIL MINUTES
The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, June 3, 2014 in the City Council Chamber of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 W. Hargett Street, Raleigh, North Carolina, with the following present.
Mayor Nancy McFarlane, Presiding
Mayor Pro Tem John Odom (absent & excused)
Councilor Mary-Ann Baldwin
Councilor Thomas G. Crowder
Councilor Bonner Gaylord
Councilor Wayne K. Maiorano (absent & excused)
Councilor Russ Stephenson
Councilor Eugene Weeks
Mayor McFarlane called the meeting to order and invocation was rendered by Dr. Ralph Donnell Graves, The Gathering Place. The Pledge of Allegiance was lead by Councilor Weeks. Mayor McFarlane pointed out Mr. Maiorano and Mr. Odom are excused from today’s meeting.
The following items were discussed with action taken as shown.
RECOGNITION OF SPECIAL AWARDS
E.M. JOHNSON WATER TREATMENT PLANT – PHASE III DIRECTORS AWARD - ANNOUNCED
City Manager Hall pointed out Partnership for Safe Water has granted the E.M. Johnson Water Treatment Plant the Phase III Directors Award for the Partnership Treatment Optimization program. He stated Partnership for Safe Water is a national renowned voluntary utility program focused on improving the quality and safety of water produced by water treatment plants by optimizing operations. The Phase III process involves using a self assessment method. The report submitted was evaluated by a program effectiveness assessment committee team of utility peers. The team was particularly impressed with the City’s facility staffing levels, prioritization and level of resources applied to capital improvement program, application and quality of training program and long-term enhancements to process control optimization.
City Manager Hall expressed congratulation to the Public Utilities Department and Water Treatment staff on this accomplishment. The award was received by Chris Phelps, Water Treatment Superintendent, on behalf of the employees and the staff at the EM Johnson Water Treatment Plant.
PROCLAMATION – AB COMBS LEADERSHIP MAGNET ELEMENTARY DAY – PROCLAIMED
Mayor McFarlane read a proclamation proclaiming A. B. Combs Leadership Magnet Elementary Day in the City of Raleigh. The proclamation explained the school’s commitment to excellence and achievement which earned the School the Dr. Ronald P. Simpson Distinguished Merit Award given annually to the Nation’s top magnet school. This is the second time AB Combs has received the reward and the only such school in the nation to have done so. It was chosen from nearly 300 applicants. The proclamation outlined the success of the program.
A group of students from A. B. Combs accepted the proclamation expressing appreciation to the Mayor and Council. The students received a standing ovation.
AGENCY GRANTEE PRESENTATION – CASA – RECEIVED
Debra King and Gloria Nance – Sims were at the meeting to talk about the work of CASA. Ms. Nance-Sims, Board President, recognized those members in the audience involved with the program. She talked about the mission of CASA and the responsibilities they address.
Debra King CEO of CASA passed out a packet of information that details the work of CASA. She stated the organization was formed in 1992 to meet housing needs in the area. At this point they have developed, owned and manage 314 units in a 3 county area. She talked about people in their organization, outlining some of their thoughts and feelings about being homeless. She pointed out they have 165 low income Raleigh residents which are housed at a cost of some $540 per person, per year. She presented a powerpoint showing the Sunnybrook Apartment for veterans; talked about the importance of serving our veterans and the number they serve each year. She talked about the basic need of housing, how they take care of their own property with their own staff and employ some of the residents. She pointed out there are a lot of different aspects to homelessness.
Various Council members expressed appreciation for the work of CASA including Mr. Weeks talking about the importance of eliminating homelessness for our veterans. Ms. Baldwin commended Ms. King for her work in the Moore Square situation.
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 stated the vote on the Consent Agenda will be a roll call vote. Mayor McFarlane stated the only item that has been requested to be withdrawn is by her and relates to the condemnation request for Therons and Dawn H. Sharber. Without objection, that item was withdrawn from the Consent Agenda. Ms. Baldwin moved administrations recommendations on the remaining items on the Consent Agenda be upheld. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative except Mr. Odom and Mr. Maiorano who were excused from the meeting. The Mayor ruled the motion adopted on a 6-0 vote. The items on the Consent Agenda were as follows.
HOUSING ASSISTANCE – CITY EMPLOYEE – NOTED
City employees are not prohibited from participating in City housing programs, pursuant to section 33(b) of the City Charter (Chapter 1184 of the 1949 Session Laws, amended by S.L. 1991-312, S.L. 1993-649 and S.L. 1995-323, Section 1b). The statute states “… nor shall any such official or employee be prohibited from participating in any rental or home ownership program sponsored or operated by the city, so long as the official or employee meets all the criteria for the program … The award of any such housing assistance to an employee shall be noted in the minutes of the City Council.”
The following City employee complies with all criteria for participation in the Citywide Homeownership program administered by the Community Development Department: Reyna C. Nishimura.
Recommendation: Direct the City Clerk to record in the minutes. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Odom/Maiorano excused from meeting).
ANNEXATION PETITION – PINE HOLLOW MIDDLE SCHOOL – REFERRED TO CITY CLERK TO CHECK SUFFICIENCY AND SCHEDULED HEARING
The following petition for annexation has been received.
|Area Name Contiguous |Petitioner |Acres |Proposed Use |
|Pine Hollow Middle School |M. J. Desormeaux, Jr, Assistant Superintendent, Wake County Public |36.22 |Institutional |
| |School System | | |
Recommendation: Acknowledge the annexation petition and direct the City Clerk to check the sufficiency of the petition pursuant to State statutes and, if found sufficient, authorize advertisement for public hearing on July 1, 2014. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Odom/Maiorano absent & excused).
PARADE ROUTES – HALIFAX MALL AREA – APPROVED CONDITIONALLY
The agenda presented the following request for a parade route.
Ms. Jennifer Coleman, representing the Leukemia and Lymphoma Society, requests permission to hold a fundraising walk on Saturday, October 11, 2014 from 7:15 p.m. until 8:30 p.m. The parade will be held from 5:00 p.m. until 6:30 p.m.
Recommendation: Approve subject to conditions noted on the report in the agenda packet. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Odom/Maiorano absent and excused).
ROAD RACES – VARIOUS – APPROVED CONDITIONALLY
The agenda presented the following request for road races.
Vicinity of Raleigh Convention Center, Salisbury Street, MLK Boulevard, Chavis Way, Davie Street, Bloodworth Street, South Street
Ms. Terry Spicer, representing Delta Sigma Theta Sorority, requests permission for a road race on Saturday, July 12, 2014 from 6:00 a.m. until 10:00 a.m.
She is also requesting permission to allow amplified sound during the event.
Vicinity of Club Drive, Arnold Palmer Drive, Club Valley Way, Clubmount Lane, Brier Creek Country Club.
Ms. Maylene Jackson, representing Kids in Training, requests permission for a road race on Sunday, July 13, 2014 from 8:30 a.m. until 11:30 a.m.
She is also requesting permission to allow amplified sound during the event.
Vicinity of 12201 New Leesville Boulevard
Ms. Leslie Young, representing her neighborhood, requests permission for a road race on Saturday, August 2, 2014 from 8:00 a.m. until 10:00 a.m.
Vicinity of Celebration at Six Forks Shopping Center, Six Forks Road, Longstreet Drive, Shelly Lake Greenway Trail
Mr. Michael Forrester, representing Raleigh 8000 Race, requests permission for a road race on Saturday, August 23, 2014 from 7:30 a.m. until 9:00 a.m.
He is also requesting permission to allow amplified sound during the event.
Vicinity of Garvey Drive, Durant Road, Capital Hills Road, and Gresham Lake
Ms. Sherri Orner, representing Safe Haven for Cats, requests permission to hold a benefit road race on Sunday, October 4, 2014 from 9:00 a.m. until 12:30 p.m.
Recommendation: Approve subject to conditions noted on the reports in the agenda packet. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Odom/Maiorano absent and excused).
STREET CLOSINGS – VARIOUS EVENTS AND DATES – APPROVED CONDITIONALLY
The agenda presented the following request for temporary street closings.
Astroturf portion of City Plaza
Mr. Tyler Helikson, representing the Happy and Hale Restaurant, requests permission for a street closure on Saturday, June 14, 2014 from 7:00 a.m. until 5:00 p.m. for a Grand Opening Ceremony.
The actual event will take place from 10:00 a.m. until 4:00 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.
400 Block of Fayetteville Street from Davie Street to Lenoir Street
Mr. Doug Grissom, representing the Raleigh Convention Center, requests permission for a street closure on Wednesday, June 18, 2014 from 4:00 p.m. until 11:59 p.m. for an outdoor entertainment event associated with the Future Farmers of America conference taking place at the Raleigh Convention Center.
The actual event will take place from 6:00 p.m. until 10:00 p.m.
He is also requesting permission to allow amplified sound during the event.
100 Block of Fayetteville Street between Morgan Street and Hargett Street
Ms. Lydia Moges, representing the NC Committee for Refugees and Immigrants, requests permission for a street closure on Friday, June 20, 2014 from 8:00 a.m. until 7:00 p.m. for an outdoor entertainment event.
She is also requesting permission to allow amplified sound during the event.
600 Block of Coleman Street between Tipton Street and Lenoir Street
Ms. Shonette Fletcher requests permission for a street closure on Saturday, June 28, 2014 from 12:00 p.m. until 11:00 p.m. for a neighbor kid’s day.
100, 200, 300, and 400 Blocks of Fayetteville Street from Morgan Street to the South End of City Plaza; 00 Blocks of Hargett Street, Martin Street and Davie Street
Mr. Doug Grissom, representing the Raleigh Convention Center, requests permission for a street closure on Thursday, July 3, 2014 from 6:00 p.m. until Saturday, July 5, 2014 at 4:00 a.m. for a July 4th celebration.
He is also requesting the following streets be closed on Friday, July 4, 2014 from 9:00 p.m. until 10:15 p.m. for safety measures during the fireworks show.
• 00 Blocks of Lenoir Street and South Street
• 600 Blocks of Wilmington Street and Salisbury Street
• South Dawson Street between West Lenoir Street to MLK Boulevard
• West South Street from South Dawson Street to South McDowell Street
• McDowell Street from MLK Boulevard to West Lenoir Street
He would also like to close Cabarrus Street from Dawson Street to Salisbury Street on Friday, July 4, 2014 from 5:00 p.m. until 10:15 p.m.
Mr. Grissom is also requesting to encumber all parking spaces on the east side of the 500 block of Fayetteville Street from the south end of the City Plaza to the construction zone.
He is also requesting no parking signs be posted in the following areas by 6:00 a.m. on Wednesday, July 2, 2104. There shall be no parking allowed effective Thursday, July 3, 2014 at 6:00 p.m. until 4:00 a.m. Saturday, July 5, 2014, as follows:
• South side of Morgan Street from Wilmington to Salisbury Streets
• Both sides of Fayetteville Street from Morgan to Lenoir Streets
• Both sides of Hargett Street from Wilmington to Salisbury Streets
• Both sides of Martin Street from Wilmington to Salisbury Streets
• Both sides of Davie Street from Wilmington to Salisbury Streets
• Both sides of Lenoir Street from Wilmington to Salisbury Streets
• East side curb of Salisbury Street from Lenoir Street to the rear of the Duke Energy Center for the Performing Arts
• West side curb of Wilmington Street from Lenoir Street to the rear of the Duke Energy Center for the Performing Arts
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.
Vicinity of Hawkins Street between Russ Street and Kennedy Street
Ms. Cornelia Stallings and Bishop Robert Locklear request permission for a street closure on Saturday, July 12, 2014 from 10:00 a.m. until 5:00 p.m. for a Community Outreach event.
They also request permission to allow amplified sound during the event.
500 Block of West Lane Street from Glenwood Avenue to the Terminus
Ms. Jennifer Martin, requests permission for a street closure on Thursday, July 17, 2014, July 24, 2014, July 31, 2014, August 7, 2014, from 1:00 p.m. until 11:00 p.m. for a fundraising Live Music Event.
She requests the following area to be closed on Thursday, August 14, 2014, August 21, 2014 and August 28, 2014 from 1:00 p.m. until 11:00 p.m.:
600 Block of Tucker Street between Glenwood Avenue and Boylan Avenue
The actual events will be from 5:00 p.m. until 9:00 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.
Recommendation: Approve subject to conditions noted on the reports included with the agenda packet. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Odom/Maiorano absent and excused).
SIDEWALK PETITIONS – VARIOUS LOCATIONS – PUBLIC HEARINGS AUTHORIZED
The current City policy for petition initiated sidewalk projects is verified submittal of a petition indicating support from at least 75% of adjacent property owners. The following sidewalk petitions have been received. The petitions have been reviewed and meet the requirements of the Residential Sidewalk Petition Policy.
• Ravenwood Drive from Scarlet Maple Drive to Melbourne Road for an approximate distance of 1,530 linear feet
• Melbourne Road from Ravenwood Drive to Powell Drive for an approximate distance of 915 linear feet
• Tyrrell Road from the existing sidewalk at 1005 Tyrrell Road northward to Hyde Street for an approximate distance of 985 linear feet
A sidewalk petition was initiated by citizens; however, due to the adjacent property being City-owned, no petition was generated.
• Northclift Drive (south side) from the existing sidewalk at 821 Northclift Drive to the existing sidewalk at 717 Northclift Drive along the City of Raleigh park property. This sidewalk request has been reviewed and is supported by Parks, Recreation, and Cultural Resources Director Diane Sauer.
The estimated cost of construction for the 4 sidewalk projects is $497,000. Funds are available in the Sidewalk Petition Program fund for design and construction.
Recommendation: Schedule a public hearing for Tuesday, July 1, 2014. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Odom/Maiorano absent and excused).
STREET IMPROVEMENTS – MITCHELL MILL ROAD WIDENING – RESOLUTION OF INTENT - RESCINDED
A resolution of intent was adopted at the May 20, 2014 Council meeting to schedule a public hearing for July 1, 2014 to consider improvements to Mitchell Mill Road Louisburg Road and Forestville Road. Simultaneously on that date, staff held a fourth public meeting for the project. Due to considerable feedback received concerning certain components of the design, staff is requesting to postpone the public hearing.
At the public meeting staff encountered strong opposition to major design components of the project, which include a new signal location at the Signal Leaf intersection and the removal of a left turn movement out of the subdivision at the Neuse Crossing intersection. During previous public meetings, these components were discussed however opposition was not nearly as great as encountered at the May 20 meeting. Many residents of the adjacent neighborhoods remain extremely concerned about shifting more traffic to Signal Leaf Drive, in lieu of the current traffic pattern along the current main collector street Neuse Crossing Drive. Based on this latest meeting, staff believes further discussions with NCDOT are necessary to reexamine the current plan and determine whether a better solution is available to better accommodate concerns raised by the neighboring communities.
Postponement of the hearing will provide additional time to further research the concerns raised, further consult with the North Carolina Department of Transportation, and determine how best to address the concerns. A recommended date to reschedule hearing is yet to be determined.
Recommendation: Rescind the resolution of intent scheduling the public hearing. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Resolution 915.
SOLAR TRASH COMPACTORS – NCDENR GRANT – ACCEPTED
Grant Contract Number 5961 from the North Carolina Department of Environment and Natural Resources has been received to assist with the procurement of ten Big Belly solar compactors to be installed in locations at three park sites as follows:
Brier Creek Park 3 compactors
Honeycutt Park 2 compactors
Anderson Point Park 5 compactors
The grant was approved by the Grants Committee on February 20, 2014.
Recommendation: Accept the grant, authorize the City Manager to execute the contract, and approve the following budget amendment:
Revenue Accounts:
810-6210-513170-93315-GRT03-73013434 State Grant $12,450
810-6210-550900-93315-GRT03-73013434 City Match 17,550
Total $30,000
Expense Account:
810-6210-752330-93315-GRT03-73013434 Park Equipment $30,000
Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
DOMESTIC PREPAREDNESS TASK FORCE GRANT – WAKE COUNTY – EXECUTION AUTHORIZED
Notification of a $3,600 grant award from the Department of Homeland Security distributed by the Wake County Department of Fire and Emergency Management has been received for the purchase of an enclosed trailer. The trailer will allow the Police Department Reality-Based Training Team to store and transport necessary equipment. No matching funds are required. This grant was approved by the Grants Committee on February 11, 2014.
Recommendation: Authorize execution of the grant documentation and the following budget amendment:
The following accounts should be increased by:
Revenue Account:
810-4010-513280-93314-GRT08-72006011 Federal Grant - Pass Through $3,600
Expense Account:
810-4010-752270-93314-GRT08-72006011 Training Equipment $3,600
Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
POLICE – HIGH INTENSITY DRUG TRAFFICKING GRANT – EXECUTION AUTHORIZED – BUDGET AMENDED
A $20,000 grant from the federal Office of National Drug Control and Policy has been awarded to pay overtime for police detectives to conduct investigations related to drug trafficking and money laundering. The Raleigh area was designated as a High Intensity Drug Trafficking Area in 2007, and the Police Department has participated in the grant program since that time. There is a $4,124 match required for this grant. The grant was approved by the Grants Committee on May 22, 2014.
Recommendation: Authorize execution of the grant documentation and the following budget amendment:
Revenue Accounts:
810-4010-513280-93315-GRT08-72026112 Federal Grant $20,000
810-4010-5550900-93315-GRT08-72026112 Federal Grant 4,124
100-0000-532990-000 Appropriation from Prior Year $4,124
Total $28,248
Expense Accounts:
810-4010-600020-93315-GRT08-72026112 Overtime $20,000
810-4010-620010-93315-GRT08-72026112 Retirement 1,594
810-4010-620030-93315-GRT08-72026112 Supplemental Retirement 1,000
810-4010-620050-93315-GRT08-72026112 Social Security 1,240
810-4010-620060-93315-GRT08-72026112 Medicare 290
100-4010-878100-000 Transfer to Grants Fund $4,124
Total $28,248
Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
POLICE -2014 JUSTICE ASSISTANCE GRANT – VARIOUS ACTIONS APPROVED
A grant application to the Bureau of Justice Assistance 2014 Justice Assistance Grant, in partnership with the Wake County Sheriff’s Office, is anticipated. A copy of the grant application is included with the agenda packet for review. The City will serve as fiscal agent of the grant. Grant funding will be used to pay overtime and fringe benefits to sworn officers working on problem-oriented policing projects. A total of $189,044 in federal funding was allocated to the Raleigh area. The City portion of funding based on disparate jurisdiction will be $103,974; the Wake County Sheriff’s Office portion is $85,070. No cash match is required for this grant. This grant was approved by the Grants Committee on May 22, 2014.
Recommendation: Authorize submission of the grant application, authorize the City Manager to execute the required Memorandum of Understanding, and authorize the following budget amendment:
Revenue Account:
810-4010-513160-93315-GRT08-72036003 Federal Grant – Pass Through $189,044
Expense Accounts:
810-4010-726000-93315-GRT08-72036003 Sub grantee Expense $85,070
810-4010-600020-93315-GRT08-72036003 Overtime $86,199
810-4010-620010-93315-GRT08-72036003 Retirement 6,870
810-4010-620030-93315-GRT08-72036003 Supplemental Retirement – Police 4,310
810-4010-620050-93315-GRT08-72036003 Social Security 5,345
810-4010-620060-93315-GRT08-72036003 Medicare 1,250
Total $189,044
Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
STORM DRAINAGE PETITION – COST SHARE – 562 NEW BERN AVENUE – APPROVED
City Council adopted a water quality cost share policy in June 2009. The policy provides a funding mechanism to assist citizens in improving water quality through the installation of best management practices. One new request for assistance was received for consideration and has been reviewed by the Stormwater Management Advisory Commission.
The Stormwater Management Advisory Commission recommends approval of the request for funding assistance to install a 1200 gallon underground rainwater cistern system at 562 New Bern Avenue. The estimated total cost is $12,077 with 75% of the funding ($9,058) requested from the City.
The recommendation for approval is contingent upon the property owner ensuring compliance with all applicable City standards, ordinances, and regulations. Funding is appropriated in the project budget.
Recommendation: Approve the petition request. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
HORIZON COACH LINES – TRANSPORTATION SERVICE CONTRACT – EXTENSION 3 - APPROVED
A contract was executed in August, 2012 with Evergreen Trails, Inc., dba Horizon Coach Lines, for transportation services for participant field trips. Terms of the contract provide for up to three annual extensions to provide the transportation services.
Evergreen Trails, Inc., dba Horizon Coach Lines, will provide transportation services for program participants to various field trip destinations. The dates of services are July 1, 2014 through June 30, 2015 with a cost of $197,340.
Recommendation: Authorize the City Manager to execute the contract extension. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
PUBLIC UTILITIES – ON-CALL PROTECTIVE COATING INSTALLATION SERVICES – DIRECTION GIVEN
Three proposals to provide labor, equipment, materials and supervision for the installation of protective coatings at treatment plants and pump stations were received in response to a competitive Request for Proposals. The intent of this procurement is to establish a three-year, on-call services contract with two one-year extensions. Annual cost is estimated to be $150,000. Full term cost of the contract including optional extensions result in a total contract amount of $750,000. Funding for the initial period is programmed in the operating budget. The following firms are listed in order of priority following evaluation of the proposals:
1) Carolina Management Team, LLC
2) Superior Industrial Maintenance Company, Inc.
3) Utility Services Group
Recommendation: Authorize staff to negotiate and the City Manager to execute a contract for on-call services. If negotiations are not successful with the top-ranked firm, authorize negotiation with each successive firm until an agreement is reached. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
SOFTWARE - HOUSING AND NEIGHBORHOOD PRESERVATION – CONTRACT AMENDMENT #1-APPROVED
The City currently has an existing contract with Soft Designs, Inc. to provide software to manage the Housing, Public Nuisance, and Vehicle Code enforcement operations. The vendor also provides software to operate the Rental Dwelling Registration Program, Probationary Rental Occupancy Permit (PROP) program, and maintenance of a complaints database.
An opportunity exists to provide for previously unanticipated upgrades to older servers as well as to improve backup protection of data via a contract amendment to accomplish this necessary work.
Original Contract Amount $145,520
Amendment No. 1 7,500
New contract amount $153,020
Recommendation: Authorize the City Manager to execute the contract amendment and the following budget transfer:
Transferred From:
100-2810-708900-242 Contractual Services $7,500
Transferred To:
100-2810-702010-242 Computer Operations and Accessories $7,500
Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION – MEMORANDUM OF UNDERSTANDING – MANAGER AUTHORIZED TO EXECUTE
The Capital Area Metropolitan Planning Organization (CAMPO) has updated the Memorandum of Understanding (MOU) to reflect changes in membership, terminology requirements, and federal laws. The City is both a member agency of CAMPO and is also serves as the designated as lead planning agency for CAMPO.
The proposed MOU does not change the obligations of the City and does not alter existing financial or operational requirements of the City. Additional information was included with the agenda packet.
Recommendation: Authorize the City Manager to execute the updated Memorandum of Understanding. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
ENCROACHMENT – 8010 ARCO CORPORATE DRIVE – APPROVED CONDITIONALLY
A request has been received from Level 3 Communications to install fiber optic cable located in the right-of-way 8010 Arco Corporate Drive. A report was included with the agenda packet.
Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
ENCROACHMENT – 515 WEST HARGETT STREET AREA – APPROVED CONDITIONALLY
A request has been received from Level 3 Communications to install fiber optic cable located in the right-of-way near 515 West Hargett Street. A report was in the agenda packet.
Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
ENCROACHMENT – 8041 ARCO CORPORATE DRIVE – APPROVED CONDITIONALLY
A request has been received from Level 3 Communications to install fiber optic cable located in the right-of-way 8041 Arco Corporate Drive. A report was included with the agenda packet.
Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
BUDGET AMENDMENTS – VARIOUS – ORDINANCE ADOPTED
The agenda presented the following recommended budget amendments:
Community Services - $143,971 - To appropriate funding from the Retired Senior Volunteer Program (RSVP) as specified in the 2014-15 grant year. Required match funding is appropriated. RSVP is a constituent component of the Senior Corps, through which adults age fifty-five and older contribute skills and experience through three programs: RSVP, the Foster Grandparent Program (FGP), and the Senior Companion Program (SCP).
Police – 5,100 - To appropriate donations received for the purpose of supporting the Youth and Family Services unit and the Charm School initiative.
The agenda outlined the Revenue and Expenditure accounts involved.
Recommendation: Approval of the Budget Amendments as outlined. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
CONDEMNATION – HORSESHOE FARM NATURE PRESERVE PARK/BAILEY PROPERTY – APPROVED; SHARBER PROPERTY - HELD TO EVENING SESSION
Negotiations with two remaining property owners adjoining the Horseshoe Farm Nature Preserve Park project have been ongoing for the past several months. A notification letter was sent to the property owners proposing a May 20th Council action to request authorization to acquire outstanding real estate interests through condemnation action if an administrative settlement could not be obtained. In an effort to continue working with the remaining property owners, staff decided not to proceed with the condemnation request on May 20th, delaying the request to this Council meeting. The property owners were notified that the condemnation request would not be presented at the May 20th Council meeting, and the Sharbers subsequently rescinded the petition to appear before Council on that date. Additional background information was included with the agenda packet.
Efforts have been unsuccessful to obtain needed easements from John R. and Donna J. Bailey – 3029 Horseshoe Farm Road; Theron S. and Down Sharber – 7909 River Ridge (Mayor McFarlane removed the Sharber property from the consent agenda as Mr. Sharber is scheduled to appear on the evening agenda for 7909 River Ridge Road.
Recommendation: Adopt the resolution of condemnation for 3029 Horseshoe Farm Road. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Resolution 916.
SIGNAL SYSTEM UPGRADE STAGES THREE AND FOUR – CHANGE ORDER THREE/WORLD FIBER TECHNOLOGIES, INC. – APPROVED
The contract for construction of Stages Three and Four of the Signal System Upgrade and Expansion project for the computerized traffic signal system was awarded to World Fiber Technologies, Inc. in 2011. Due to problems associated with underground construction for installation of the fiber optic cable, there have been significant overruns of quantities. The overruns include the requirement to utilize specialized rock equipment and new conduit requirements due to unusable existing conduit.
The original plans as prepared four years ago did not anticipate the amount of rock located within the path of the project. Since approximately 16 miles of new, underground conduit was to be installed, it was not feasible to conduct soil borings along the routes.
The existing four miles of underground conduit to be reused houses the copper communication wire to be replaced. The conduit was assumed to be reusable, as tests indicate the copper wire is functional. However, significant portions of the existing conduit have collapsed, preventing both removal of the copper wire as well as reuse of the existing conduit. New conduit needs to be installed to address the existing conditions.
Staff estimates that $500,000 of the $850,000 change order is due to quantity overruns, with the balance allocated to cover contingencies. The City portion of the change order is 212,500, or 25% of the cost. The balance will be paid by the North Carolina Department of Transportation as part of the Municipal Agreement which governs the signal system upgrade. Funding for the change order is appropriated in the project budget.
|Original Contract | |$5,179,323 |
|Change Order No. One |Underground conduit replaced by directional drill |3,809 |
|Change Order No. Two |Quantity overruns for rock and underground work |750,000 |
|Change Order No. Three |Additional quantity overruns for rock and additional |850,000 |
| |underground work | |
|New Contract Amount | |$6,783,132 |
Recommendation: Authorize the City Manager to execute the change order. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused).
PARKS, RECREATION AND CULTURAL RESOURCES – TRANSFER – APPROVED
It is recommended that the following transfer be authorized:
Transferred From:
636-6210-792020-975-CIP03-94820000 Senior Center – General Construction $95,000
Contracts
Transferred To:
636-6210-792020-975-CIP03-99330000 Wilkerson Nature Preserve Construction $95,000
Purpose: To provide funds for the inclusion of bid alternate No. 3 (hay barn renovation) to the existing construction contract with Daniels and Daniels Co. for the second phase of development at Annie Louise Wilkerson, MD Nature Preserve Park.
The addition of the barn renovation will be an administrative change order (less than $300,000 over the life of the project) to the active construction contract. Construction is estimated at 40% complete. At the request of staff, the contractor has submitted a Change Proposal Form which confirms pricing for the additional work at $82,000; staff is also recommending supplemental contingency in the amount of $13,000. The renovation will structurally stabilize the barn allowing it to be used for onsite storage as well as storage needs of the nature preserve program storage.
Funds for the second phase at Annie Louise Wilkerson, MD Nature Preserve Park were included in the Two-Thirds Parks and Recreation Bond approved in 2012. The hay barn renovation was an alternate to the original construction bid and not initiated at that time to ensure adequate contingency for the overall project.
Residual funds from the Senior Center projects being utilized to fund the hay barn result from construction contingency, an amount of money set aside for unforeseen items or issues, not being fully utilized by those projects. Completion of the Annie Louise Wilkerson, MD Nature Preserve Park is a priority to the City as it honors commitments made to the donor of the property.
Recommendation: Approval as outlined. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
PARKS, RECREATION AND CULTURAL RESOURCES – TRANSFER – APPROVED
The agenda presented the following recommended transfer and Parks, Recreation and Cultural Resources.
It is recommended that the following transfer be authorized:
Transferred From:
636-6210-792020-975-CIP03-85670000 General Construction Contracts $172,411
636-6210-792900-975-CIP03-85670000 Construction in Progress - Miscellaneous 2,242
636-6210-793010-975-CIP03-85670000 Testing and Boring 7,367
636-6210-794990-975-CIP03-85670000 Other Project Costs 995
$183,015
Transferred To:
636-6210-790010-975-CIP03-83390000 Playground Improvements $183,015
Purpose: To provide for the repair and/or replacement of playground equipment and surfaces at various park locations to comply with both the National Recreation and Parks Association and the Consumer Products Safety Commission playground safety guidelines. Funds previously allocated from the 2007 Parks Bond to address playgrounds needs have been depleted. Work is to be conducted by City forces; no contract is required. Funds being transferred are residual from the completed Pullen Park renovation project.
Recommendation: Approval of the Transfer as outlined. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 311 TF 231.
TRAFFIC – FALLS OF NEUSE ROAD/WAKEFIELD PINES DRIVE – ORDINANCE ADOPTED
It is recommended that a channelization change be made for both approaches of Wakefield Pines at Falls of Neuse Road to more efficiently accommodate traffic needs. Traffic at this intersection has changed as a result of the new bridge for Falls of Neuse Road. As a result, right turn movements have increased. The change will allow this intersection to more efficiently accommodate the increased right turn movements.
Recommendation: Approve as recommended and authorize the appropriate changes in the traffic code as included in the agenda packet. Upheld on Consent Agenda Baldwin/Weeks – 6 ayes (Maiorano/Odom absent and excused). See Ordinance 312.
END OF CONSENT AGENDA
REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION
NO REPORT
SPECIAL ITEMS
SIGN TASK FORCE – MEMBERSHIP APPROVED
During the May 6, 2014 Council meeting, it was agreed that Councilors Crowder, Gaylord and Maiorano would review the list of names submitted by staff and nominated by Council and recommend a 10-member sign task force.
The Council received the following names which the three member group recommends for appointment.
Michelle Corbin (Hamlin Drug) (former Special Events Signage Task Force member)
Brian O’Haver (Appearance Commission)
Carlton Midyette (developer)
Andrew Stewart (Empire Properties)
Jennifer Martin (Greater Raleigh Merchants Association) (Former Special Events Signage Task Force member)
Bill Mullins (developer)
Andy Martin (Arts Commission) (restaurant franchise owner)
Anthony McLeod (Southwest CAC Co-Chair)
Leslie Bryant (resident of Fairview Acres) (former Special Events Signage Task Force member)
Neil Reimann (Attorney) (Cameron Park resident)
Patrice Bethea (North Hills) (former Special Events Signage Task Force member)
Mr. Weeks pointed out he had presented a name of an African American who is a business owner and he feels it would be good if he had been selected and questioned if the membership could go to twelve. Mayor McFarlane pointed out a number of names were submitted but not every one was appointed. Mr. Weeks again stated we have only two African American businesses in the downtown area and he feels they should be represented with various Council members indicating the group tried to have a good cross section of residents, business owners, etc., across the city. The motion to approve the Task Force as presented was put to a vote which resulted in all members voting in the affirmative except Mr. Weeks who voted in the negative (Maiorano and Odom absent and excused). The Mayor ruled the motion adopted on a 5-1 vote.
PARKING – BIRMINGHAM WAY – TO BE PLACED ON JUNE 17, COUNCIL AGENDA
During the May 20, 2014 meeting, under Requests and Petitions of Citizens, Kay Metzner and Brenda Engram presented concerns about the no parking signs on a section of Birmingham Way. The items were referred to administration to provide a recommendation at this meeting. Mr. Odom suggested the item be held for two weeks.
Mayor McFarlane stated Mr. Odom is out of town and she understands he has scheduled a meeting with the property owners involved; therefore, she would suggest that this be placed on the June 17 agenda as a special item.
SIDEWALK PETITION PROCESS – PERCENTAGE MODIFIED
During the May 20, 2014 Council meeting, Mr. Crowder asked that an item be placed on this agenda under Special Items to receive a report and look at the current sidewalk policy that requires 75% of property owners’ signatures to move forward.
City Manager Hall pointed out Council members received a memorandum and the City Manager update and passed out the memorandum.
Mr. Crowder indicated he brought this item up and talked about recent conversations about school children, school crossing guards, the need for safety etc. He stated presently our sidewalk petition policy has a 75% threshold and that is a huge number. He pointed out Council and citizens want to make our communities more walkable and if property owners on a street want sidewalks for protection, workability, etc., it may be difficult to meet the 75% threshold. He does not feel that is a democratic process. Council members are elected by 50% plus 1 and he feels our sidewalk petition policy threshold should be changed to 50% plus 1.
Mr. Gaylord talked about staff’s recommendation which is if there is a change it should be 66%. Mr. Gaylord stated he tends to agree with Mr. Crowder and he feels we should change it to 50% plus 1 and if we find that is too low, it can always be changed.
In response to questioning, Assessment Supervisor Jimmy Upchurch explained City staff recommended that it be increase to 75% when the Council took action to eliminate assessments for sidewalks. He stated the thought behind the change is that the fewer people we have on board when we go into a project the more difficult it is to get easements, consensus, etc. He stated when the Council decided to eliminate sidewalk assessments it was felt raising the bar would give a project more support going into the hearing process. He pointed out staff did some analysis and of the 33 sidewalk petitions sent out or completed last year only 3 would have reached the 75% threshold. If the threshold were changed to between 50% and 74% it would only add two additional petitions – only would have reached the threshold. He stated a majority of the petitions were in the 25 to 50% category. He stated the change in policy also eliminated a property owners having to go door to door to get signatures as now the petitions are mailed to each of the property owners. Mr. Gaylord moved approval of Staff’s recommendation: 1) Threshold: Reduce the required property owner signature percentage from 75% to a two-thirds majority (at least 66%). 2) Scoping: Prior to sending petition letters to the adjacent property owners, have staff evaluate the street requested for sidewalk installation. Providing a recommendation as to the most appropriate side of the street for the sidewalk placement will enable property owners to be more informed as to possible property impacts. 3) Schedule: Staff will present successful sidewalk petitions to Council via the consent agenda to request a public hearing for council to consider approval to begin design/construction of the requested sidewalk based on available funding as they are received with the change that the threshold from 75% to 50% plus one. His motion was seconded by Mr. Crowder. Ms. Baldwin suggested that the motion be amended to include Council getting a report back in a year with Mr. Gaylord and Mr. Crowder accepting the amendment. The motion as amended was put to a vote which resulted in all members voting in the affirmative except Mr. Odom and Mr. Maiorano who were absent and excused. The Mayor ruled the motion adopted on an 8-0 vote.
REPORT AND RECOMMENDATION OF THE CITY MANAGER
CAMPO NORTHEAST AREA STUDY UPDATE – RECEIVED – REFERRED TO THE PLANNING COMMISSION
The Capital Area Metropolitan Planning Organization (CAMPO) has been conducting a long-range planning study for the northeastern portion of its planning area. The study area includes portions of Wake and Franklin Counties as well as municipal territories including northeast Raleigh, Wake Forest, Youngsville, Franklinton, Rolesville, Bunn, Knightdale, Zebulon, and Wendell. After conducting several public outreach sessions and coordinating with each jurisdiction, CAMPO has published the preliminary findings of the study and seeks review and comment of the City Council at this time. Several of the recommendations in the study will require amendments to the City’s 2030 Comprehensive Plan. Staff from CAMPO and the project team will provide a brief presentation on the progress of the study to date.
Recommendation: Refer to the Planning Commission for review and recommendation.
Eric Lamb pointed out this has been before the Council on several occasions, explained the location which covers several counties and includes a part of northeast Wake County.
Mr. Scott Lane pointed out this is the third update provided to the City Council. He explained it has been an 18 month process, describing the study area, upcoming meetings and pointed out he talked about the public engagement process at the last meeting. He touched on the official road way map pointing out this will go into the long range transportation plan of CAMPO, language map, and the bike walk aspect pointing out this will be cleaned up, refined and take advantage the Neuse River Greenway etc.
Mr. Lane pointed out transit is not thought of a lot for this area as it is basically rural, green and low density. He stated however this is for a number of years out so we have to start thinking outside the box and get development thinking. Mr. Lane pointed out various aspects in transit including park and ride, transfer point at Triangle Towne Center, road way projects and pointed out this helps explain why certain projects are going forth and talked about various funding opportunities that have been made available explaining he knew Raleigh had received several TIGER grants. He presented a map in which he stated they had identified 12 hot spots and catalyst areas one of which is US 401 and NC 98. He stated the document includes policy aspects and other best practices possibilities. He talked about the number of videos and documents that help explain this process and where people can go to find the information. He expressed appreciation to all who have participated particularly Mr. Odom for his support.
Mr. Crowder moved that the Council receive the update and refer it to the Planning Commission for review and recommendations. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
ZONING CODE AND UNIFIED DEVELOPMENT ORDINANCE – AMENDMENTS – PUBLIC HEARING AUTHORIZED
Planning Staff recommends amendments to both the Part 10 zoning code and the Unified Development Ordinance. The proposed amendments would repeal certain sections of the Part 10 code that have been superseded by the Unified Development Ordinance, and modify mailed notification requirements for large area rezonings.
Recommendation: Authorize the submittal of the text amendments and schedule a joint public hearing with the Planning Commission for July 1, 2014.
Mr. Stephenson moved approval. His motion was seconded by Mayor McFarlane and a roll call vote resulted in all members voting in the affirmative except Mr. Odom and Mr. Maiorano who was absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
PARK SYSTEM PLAN – CAPITAL IMPLEMENTATION PROJECTS – INFORMATION RECEIVED – DIRECTION GIVEN – ITEM TO BE PLACED ON JUNE 17 AGENDA
On May 6, 2014, the City Council adopted a new Parks, Recreation, and Cultural Resources (PRCR) System Plan. Included in the new plan is a list of recommended capital implementation projects developed over a 16-month planning process and highlighted in the final chapter of the plan. Projects listed in the System Plan are identified capital needs that are in addition to the currently proposed PRCR five-year capital improvement program (CIP). These projects will advance the implementation of the adopted goals, objectives, and action items within the adopted System Plan. The list of recommended projects has been reviewed by the community, the System Plan Citizen Planning Committee, and the Parks, Recreation and Greenway Advisory Board. The City Council reviewed the list of projects at the April 15, 2014 work session. Upon adoption of the System Plan on May 6, 2014, Council requested that the projects be brought back for additional discussion in June. Staff from the Parks, Recreation, and Cultural Resources Department will make a brief presentation, discuss potential options, and be available for questions.
City Manager Hall highlighted this item pointing out at the end of this discussion, staff will be looking for direction on whether or not to proceed and if the Council decides to proceed with a bond issue that final decision could be made on June 17. He stated the Council could give direction at this point with the understanding the Council would be able to modify the list and numbers at the June 17 meeting. In other words, staff is asking for discussion from Council but pointed out a final decision does not have to be made.
Stephen Bentley indicated the Council had discussion relative to this item on April 15. He stated at that time, the system plan had not been adopted but was adopted on May 6. The Raleigh Arts plan is in contract negotiation and hopefully it will kick off in the summer of 2014. Mr. Bentley pointed out the Greenway design guidelines are currently under review by Parks, Recreation and Greenway Advisory Board. The experience based system analysis update will be given to the City Council in the fall of 2014. Mr. Bentley talked about the capital implementation projects which went to public review in March and April of 2014 and were presented to the City Council in Work Session on April 15, 2014. He talked about the City’s vision for its parks recreation and cultural resource system is “bringing people to parks and parks to people” and explained the mission of the group. He went through the summary of priorities and implementation of capital projects.
Mr. Bentley presented Council members with three possible implementation scenarios:
1. Scenario #1: lists $58,875,000 of projects that focus on deferred capital maintenance of existing assets and infrastructure, accessibility and connectivity and implementation of land acquisition program. It would have an annual operating impact of $560,000 and a tax impact of .89 cents for project and .11 cents for operating for a total of one cent tax.
2. Scenario #2: lists $74,775,000 in projects that focus on capital maintenance, accessibility, connectivity, land acquisition, strategic projects, reinvestment/repurposing of various park sites, facilities and greenway. Scenario 2 would have an annual operating impact of some $971,000. The tax impact would total 1.29 cents.
3. Scenario #3: lists $91,775,000 of projects which focus on deferred capital maintenance, accessibility, connectivity, land acquisition, reinvestment/repurposing, and additional system capacity to address continued growth. It would have an annual operating impact of $1,396,000 and a tax impact of 1.72 cents total.
Mr. Crowder had questions as to whether the scenarios include aging facilities which was discussed briefly.
Chief Financial Officer Perry James, gave a draft outline of a bond schedule which would include City Council resolution of intent, public notification of intent to file with local government commission. In early July the Council would introduce the bond order, the sworn statement of debt would be filed and the bond order and notice of public hearings would be posted. A public hearing could be held in mid July with the publication of the final bond order as adopted and the two notices of referendum filed in early August which would lead to a November bond referendum.
Mr. James pointed out if the Council decided to move forward, staff would recommend that the action be taken no later than June 17. He pointed out once the Council sets the referendum the amount could be raised to the point of public hearing or lowered. He stated it would be appropriate for the Council to set its high and adjust if desired.
Mr. Gaylord questioned if the Falls Whitewater facility was included in the analysis and brief discussion followed. Mr. Bentley talked about the group who presented the proposal had committee to raise the funding, the time requirements for permitting, desire to move forward with Forest Ridge. Mr. Crowder had questions about funding for upgrading aging facilities with it being pointed out many are included. Mr. Gaylord moved approval of Scenario #3 plus the addition of $2.8M for the Falls Lake Whitewater Park and the item on the June 17 agenda for consideration of moving forward with a referendum and final decision on projects or amounts. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on 6-0 vote.
Scenario #3 includes the following:
ADA Improvements $ 2,000,000
Aquatic Facility Improvements $ 8,000,000
Building Systems $2,025,000
Lighting $ 4,000,000
Playgrounds $ 2,500,000
Shelley Lake Comfort Station $ 500,000
Historic Site Improvements $ 1,500,000
Miscellaneous Greenway Improvements $ 7,200,000
Neighborhood & Community Connections $ 1,000,000
Land Acquisition $10,000,000
Sierra/Lineberry Neighborhood Park $ 1,250,000
Crabtree Creek Connection to Umstead $ 4,400,000
John Chavis Memorial Park Improvements $12,500,000
Brentwood $ 2,000,000
Kiwanis $ 700,000
Eastgate $ 600,000
Apollo Heights (Ralph Campbell) $ 600,000
Walnut Creek Athletic Complex Improvements $ 5,000,000
Replace Pullen Art Center $ 6,000,000
Lassiter Mill/Allegheny Trail Improvements $ 2,000,000
Walnut Creek Wetland Park Improvements $ 1,000,000
Capital Blvd (Devereux Meadows & North Blvd Park) $ 2,000,000
Trenton Road $ 1,000,000
Perry Creek (5401) New Park Development/WCPSS $ 2,000,000
Baileywick Community Center $12,000,000
$91,775,000
REPORT AND RECOMMENDATION OF THE APPEARANCE COMMISSION
APPEARANCE COMMISSION – ANNUAL REPORT AND WORK PLAN – APPROVED; DOWNTOWN SOLID WASTE ISSUES – REFERRED TO PUBLIC WORKS COMMITTEE
The Appearance Commission has developed its annual report and proposed work plan for the coming year, copies of which were included with the agenda packet.
Recommendation: Receive the report as information and approve the annual work plan.
Bang Le, Appearance Commission, Chairperson pointed out Council members received the 2013-2014 annual report and 2014-2015 work program. Mr. Lee stated in the past year the Appearance Commission has struggled with their role in the UDO. He stated they are ambassadors for Raleigh’s rich design history. He talked about the trends and issues of the past year and pointed out in addressing their work last year they looked at the downtown solid waste collection and found some concerns relative to waste and recycle collection being a common problem among city’s especially those without alley ways. He pointed out they had developed some initial findings and the Commission would like for the Council to place this item in one of its committee’s for further study on the feasibility of the remediation or opportunities to address the situation.
Mr. Le talked about their ongoing service and expressed appreciation for the funding in the past and requested that they continue to be funded at the same level. He expressed appreciation for the opportunity to review projects last year and talked about the professional techniques and expertise they can provide. He called on the council to provide them with more projects for them to participate in. He expressed appreciation for the nomination and selection of the members to the Appearance Commission citing their level of expertise as being great.
Mr. Crowder pointed out over the years many improvements to City ordinances generate out of Appearance Commission concerns. He stated he hopes that they will continue and give recommendations which almost always leads to better design.
Mr. Stephenson talked about the downtown waste collection issue and suggested that be referred to the Public Works Committee. Without objection the solid waste collection in the downtown area was referred to Public Works Committee. Mr. Crowder moved acceptance of the 2013-14 annual report and approval of the 2014-15 work program. His motion was seconded by Mr. Stephenson and put to a vote which passed unanimously. (Odom and Maiorano absent and excused). The Mayor ruled the motion adopted on a 6-0 vote.
REPORT AND RECOMMENDATION OF THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
WALK RALEIGH PILOT PROGRAM – STAFF AUTHORIZED TO PARTICIPATE - REFERRED TO BICYCLE AND PEDESTRIAN ADVISORY COMMISSION
Alan Wiggs expressed appreciation to the Council for the two additional committee members. He stated they look forward to having a report at the next meeting.
Sig Hutchinson introduce Matt Tomasulo indicating he is the world class innovator who lives in Raleigh. Mr. Hutchinson talked about work with promoting walkability through way findings signs, etc. He told about Mr. Tomasula initial offering that went global and is now in 75 communities. Mr. Tomasula just got back from Paris and Blue Cross Blue Shield has partnered to work with the City and explained the concept.
Ms. Baldwin moved approval. Her motion was seconded by Mr. Crowder in a roll call vote resulted in all member voting in the affirmative except Mr. Odom and Mr. Maiorano who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
REPORT AND RECOMMENDATION OF BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE
NO REPORT
REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNING COMMITTEE
REZONING Z-11-14 – TRYON ROAD CONDITIONAL USE – REMOVED FROM THE COMPREHENSIVE PLANNING AGENDA
Chairperson Stephenson reported the Comprehensive Planning Committee recommends reporting the item out with no action taken. The public hearing is scheduled for June 3, 2014. Without objection the item was removed from the committee agenda. Mr. Stephenson pointed out he understands the applicant is going to request that the item be held for two weeks during the public hearing process.
HILLSBOROUGH STREET COMMUNITY SERVICE COOPERATION – DESIGN ASSISTANCE REQUEST – BUDGET NOTE REQUESTED
Chairperson Stephenson reported the Comprehensive Planning Committee recommends staff pursue expanding the scope of the Cameron Village Vicinity Plan to include updating the vision document for Hillsborough Street with the understanding staff will bring the estimated cost for the expansion back to the full City Council as a budget note to be considered during work session. On behalf of the Committee, Mr. Stephenson moved the recommendation be upheld. His motion was seconded by Mr. Crowder. Brief discussion took place with it being pointed out this could be acted on once the budget note is considered. The motion as stated was put to a vote which resulted in all members voting in the affirmative except Mr. Odom and Mr. Maiorano who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETY COMMITTEE
NO REPORT
REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE
NO REPORT
PUBLIC WORKS COMMITTEE – JUNE 10, 2014 – CANCELED
Chairperson Stephenson reported the Public Works Committee scheduled for June 10, 2014 has been canceled.
REPORT AND RECOMMENDATION OF THE TECHNOLOGY AND COMMUNICATION COMMITTEE
NO REPORT
REPORT OF MAYOR AND COUNCIL MEMBERS
CITY CAMP – COMMENTS RECEIVED
Ms. Baldwin talked about the number of attendance, grants, etc., and congratulated all involved in City Camp which occurred over the weekend.
CLUB BODI – CITY ATTORNEY DIRECTED TO FILE APPROPRIATE ACTIONS
Ms. Baldwin pointed out a homicide occurred outside Club Bodi over the weekend and that was the second shooting in a year. She suggested that the City Council authorize the City Attorney to investigate the operation and history and file any appropriate actions and so moved. Her motion was seconded by Mr. Crowder with City Attorney McCormick indicating there is a series of steps to be followed. The motion as stated was put to a vote and passed with all members voting in the affirmative except Mr. Odom and Mr. Maiorano who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
PARK SCHOLARS – CIVIC PROJECT – COMMENTS RECEIVED
Mr. Gaylord talked about the North Carolina State University Park Scholars program. He talked about civic projects and asked administration to see if there is any way the City can participate with the program.
APPOINTMENTS
APPOINTMENTS - VARIOUS ACTIONS TAKEN
The City Clerk reported the following results of the ballot vote:
Human Relations Commission – two vacancies – Gail McDonald – (Stephenson, Crowder, McFarlane, Weeks, Baldwin); Purrington – 6 (All except Mr. Odom and Maiorano who were absent and excused).
Parks, Recreation and Greenway Advisory Board – One Vacancy. Mr. Crowder nominated Brandon Moore, Ms. Baldwin moved that nominations be closed.
Raleigh Durham Airport Authority –One Vacancy. The City Clerk reported out there is one vacancy on the Raleigh Durham Airport Authority. She stated she had been informed by Council members Maiorano and Baldwin and Mayor McFarlane that Heather Denny and Tom Brashaw, Jr. names are being withdrawn and the three jointly nominated Adrienne Cole. Ms. Baldwin moved that nominations be closed and the Council suspend its rules and appoint Ms. Cole by acclamation. Her motion was seconded by Mr. Crowder and a roll call vote resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
NOMINATIONS
APPEARANCE COMMISSION – DEAN RAINS – REAPPOINTED
The City Clerk reported the team of Dean Rains is expiring. He is eligible for reappointment and would like to be considered for reappointment. Mr. Gaylord moved nominations be closed and that the Council suspend the rules and reappointment Mr. Rains by acclamation. His motion was seconded by Ms. Baldwin and put to a vote which resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
CONVENTION CENTER COMMISSION – REAPPOINTMENTS MADE
The City Clerk reported the terms of David L. Clegg, Terri Lomax, and Betsy Buford are expiring. All are eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council suspend its rules and reappoint the three by acclamation. Her motion was seconded by Mr. Weeks and put to a vote which resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
PARKS, RECREATION AND GREENWAY ADVISORY BOARD – REAPPOINTMENTS MADE
The City Clerk reported the terms of Kimberly Siran and Richard Bostic are expiring. Both are eligible for reappointment and would like to be considered for reappointment Ms. Baldwin moved that the Council suspend its rules and reappointment the two by acclamation. Her motion was seconded by Mr. Weeks and put to a vote which resulted in all members voting in the affirmative except Mr. Odom and Mr. Maiorano who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
RALEIGH HISTORIC DEVELOPMENT COMMISSION – REAPPOINTMENTS MADE; ONE VACANCY REMAINING
The City Clerk reported the following terms are expiring: Flora J. Hatley Wadelington, Scott P. Shackleton, Will J. Alphin, Elizabeth Caliendo, Sarah Woodard David and Rachel Rumsey. All are eligible for reappointment, and all but Mr. Alphin would like to be considered for reappointment.
Council members received information from the Commission related to the recommendations for appointments. Ms. Baldwin moved that the Council suspend the rules and reappoint the five by acclamation leaving one vacancy. Her motion was seconded by Mr. Weeks and put to a vote which passed with all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
SUBSTANCE ABUSE ADVISORY COMMISSION – VACANCY ANNOUNCED
The City Clerk reported the terms of Karen G. Kranbuehl and Nicole Hill are expiring. Ms. Kranbuehl is not eligible for reappointment and Ms. Hill does not wish to be considered for reappointment. No nominations were made. The item will be carried over to the next meeting.
REPORT AND RECOMMENDATION OF THE CITY CLERK
MINUTES – VARIOUS – APPROVED
Council members received in their agenda packet copies of the minutes of the May 6, 2014 Council Meeting and Work Session. Mr. Crowder moved approval as presented. His motion was seconded by Mr. Weeks and put to a vote which resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote.
SURPLUS PROPERTY – 2520 RATCHFORD DRIVE – RESOLUTION AUTHORIZING SALE ADOPTED
The City Clerk reported on May 20, 2014 the City Council accepted an offer of $100 from DD Mellowfield, II, to purchase a portion of a 20 foot city owned sanitary sewer easement at 2520 Ratchford Drive which totals approximately .087 acres. The City will retain the 892 square foot area at the beginning of the existing sewer easement off Meadow Wood Boulevard. The negotiated offer was accepted subject to upset bid process with the understating the winning bidder will pay all accrued advertising cost. This property was advertised in the News & Observer and the City website on May 23, 2014. No upset bids were received and all legal procedures have been followed; therefore, it is recommended that the Council adopt a resolution authorizing the sale for $100 plus advertising cost to DD Middlefield, II, LLC. Mr. Weeks moved approval as outlined. His motion was seconded by Mr. Gaylord and a roll cal vote resulted in all members voting in the affirmative except Mr. Odom and Mr. Maiorano who were absent and excused. The Mayor rule the motion adopted on a 6-0. See Resolution 917.
SURPLUS PROPERTY – 11412 FALLS OF NEUSE ROAD – RESOLUTION AUTHORIZING SALE ADOPTED
On May 22, 2014 the City Council accept an offer of $5,923 from William D. Jackson and wife Elizabeth F. Jackson to purchase surplus real property located at 11412 Falls of Neuse Road. The negotiated offer was accepted subject to upset bid with the understand the winning bidder will pay all accrued advertising costs and will dedicate 15 feet of right-of-way for future widening needs from subject property. The proposal was advertised in the New & Observer and the City website on May 23, 2014. No upset bids were received.
All legal procedures have been followed; therefore, it is recommended that the Council authorize the sale of the surplus property as outlined. Mr. Crowder moved approval. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom who were absent and excused. The Mayor ruled the motion adopted on a 6-0 vote. See Resolution 918.
RECESS
There being no further business, Mayor McFarlane announced the meeting recessed at 2:00
p.m.
Gail G. Smith
City Clerk
jt/CC06-03-14
The City Council of the City of Raleigh met in regular reconvened meeting at 7:00 p.m. on Tuesday, June 3, 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 except Mr. Maiorano, Mr. Gaylord and Mr. Odom who were excused from the meeting. The Mayor called the meeting to order and the following items were discussed with action taken as shown.
JOINT HEARING WITH THE RALEIGH HISTORIC DEVELOPMENT COMMISSION
RALEIGH HISTORIC LANDMARK APPLICATIONS – ST. MATTHEWS SCHOOL AND THE MECCA – HEARING – REFERRED TO THE RALEIGH HISTORIC DEVELOPMENT COMMISSION
This was a joint hearing before the City Council and the Raleigh Historic Development Commission. Raleigh Development Commission members present included Elizabeth Caliendo, Flora Hatley Wadelington, Dan Davis, Sarah David, Jenny Harper, Kiernan McGorty, Rachel Rumsey and Jannette Coleridge Taylor.
The hearing is to receive public comment on two proposed Raleigh Historic Landmark applications. Both applications were sponsored by the Raleigh Historic Development Commission.
• Saint Matthews School, 5410 Louisburg Road
• The Mecca, 13 East Martin Street
Following the hearing, the applications should be referred to the Raleigh Historic Development Commission to consider the State recommendation and any information received during the public hearing.
Tania Tully explained the process, explained how the two sites meet the criteria for designation contained in G.S.160A-400.5 and Unified Development Ordinance Section 10-2.16.D.1. She explained at the April 15, 2014 Council meeting, the City Council referred the applications to the Department of Cultural Resources Office of Archives and History, as provided under provisions 160A-400.6. Council members received a copy of the State’s analysis and recommendations for each property. She presented slides, etc., explaining the process and significance of the properties. The Mayor opened the hearing, no one asked to be heard thus the hearing was closed. Without discussion the applications were referred to the Raleigh Historic Development Commission as recommended.
REQUEST AND PETITIONS OF CITIZENS
WATER AND SEWER CAPITAL FACILITIES – APPEAL – WITHDRAWN
Attorney Thomas D. Blue, Jr. representing CC Apartments, LLC, had requested permission to appeal the staff decision regarding water and sewer capital facilities (nutrient) fees related to CC Apartments, LLC. It was pointed out Attorney Blue had withdrawn his request from this agenda.
HILLSBOROUGH STREET – PHASE II ROUNDABOUTS – COMMENTS RECEIVED
Chuck Graham, 3909 Rhododendron, Flagship Company, presented the following prepared remarks:
The Hillsborough roundabout plan is heart surgery consisting of changed traffic patterns, radically new and different infrastructure needs and aesthetic considerations…on what is become a much more densely populated, bellwether spot in Raleigh.
In the last several months, I and my partners have attended meetings, talked at length with my partners, spoken with engineers at the City of Raleigh, engineers at Kimley Horne, other property and business owners on Hillsborough Street, several of you Council members, and we have also studied what other states and municipalities experiences have been with their roundabouts. As a result of this study, we have come to the conclusion that we need to stand back and seriously look at four important areas before proceeding with Phase II.
First, roundabouts themselves: I’m not telling you anything new here. Opinions are all over the place. . . Colorado is adding them, New Jersey is modifying something called traffic circles into roundabouts with much controversy. Wisconsin, Maryland and Kansas are adding a few of them but they are not without problems. Roundabouts are tricky and not all roundabout applications are the same. Each situation must be looked at individually and here are three examples why:
1) Councilman Stephenson has wisely pointed out that for roundabouts to work, the entire street must be done with them. You have to keep traffic flowing and can’t efficiently accomplish that with intersections with lights. . . . A string of pearls so to speak and yet the present plan still has intersections, one of which I’ll come back to.
2) Next, does the large traffic flow on Hillsborough Street combined with lesser flows from the side streets work well with roundabouts? The insurance institute for highway safety thinks not and I quote: “Intersections with highly unbalanced traffic flow (that is, very high traffic volumes on the main street and very light traffic on the side street) are not ideal candidates for roundabouts.” This is exactly what we have on Hillsborough Street.
3) Next, what is left of the contiguous commercial real estate when a roundabout is carved out of the landscape. The Pullen roundabout in phase I may now be functional, but has it resulted in good commercial possibilities? I don’t think so. John Wardlaw, whose building is directly on Pullen said and I quote, “worst thing that ever happened” making a roundabout by definition leaves four triangles of land. . . you are chopping a circle out of square and this has ramifications. . . not a big deal if you are in the country in Providence, but much bigger if you are dealing with valuable real estate. We are not convinced the ramifications of this have been considered. So, this needs deeper study, but let’s assume the roundabout application can be resolved. We still have three other problems.
1) The sewer infrastructure is not part of a cohesive plan and needs a lot of work. New development on Hillsborough Street is being handled piecemeal when it comes to sewer. . . new projects require additional financial contribution for sewer and also delays getting permits from the city. These two problems are enough to squeeze out smaller projects. We do not aesthetically want commercial holes in the street because of this systemic problem.
2) Duke Energy’s high voltage power lines; the City with its great wisdom has buried utility lines in phase one and plans to do so in phase 2 and 3. It’s a huge improvement, however a 500 pound gorilla has just come into the room in the form of high voltage 50 feet tall, ugly, obtrusive power lines that come towards NC State on Gardner Street, make a right turn on Hillsborough Street toward Meredith, proceed almost to Gorman where they cross Hillsborough and go into a power station. These lines are an eyesore. If you have doubts, simply drive down the street. In addition to being unsightly, their height will preclude future development in some cases. No one wants a building with balconies on the second through the 5th floor looking directly out onto power lines. These eyesores absolutely have to be removed both for functional and aesthetic reasons. But, please be fore warned, the cost will be substantial.
3) Let’s do Phase II and Phase III at the same time. All of us in this room know that the merchants and property owners there are going to get whacked during the construction phase. It is inarguable, we will have to deal with this but to finish Phase II and then come back in a couple of years and do it again simply doesn’t’ make sense. . . we will get whacked twice and please know that many businesses are barely hanging on , , ,this will probably be their demise. And now, back to Councilman Stephenson’s string of pearls theory, I’m now speaking of the intersection at Gorman and Hillsborough which is probably the largest confluence of traffic on Hillsborough Street and already very problematic.
We are highly concerned that this very possible stricture of traffic at that intersection will create a choke point that will wipe out any improvements of traffic flows from Phase One and Phase Two roundabouts. To our best knowledge, this has not been looked into, so in summary, it is our contention that this project needs some serious review. Any one of the four reasons that I mentioned is significant enough. The roundabout plan was conceived 10 years ago, we now have Phase One information. We have other communities’ experiences to call upon, we have more data and unfortunately, we also have different and new problems that were not a part of Phase I.
My associates and I feel that tonight, we are bringing some different thinking to the project, an overview that does not presently exist. We agree if this was a private undertaking and we were investing our own money looking for a good result profit, we would at this point absolutely step back, say whoa, this needs more work.
We also do not know the financial considerations the city would have with our suggestions, but given the complex nature of the project and the even more complex problem or straightening out a mistake down the road, we think more study is critical.
Ladies and Gentlemen, we do not want another Fayetteville Street Mall. Thank you for all your time.
The comments were received.
PRESCOTT PLACE DEVELOPMENT – CONCERNS – REFERRED TO COMPREHENSIVE PLANNING COMMITTEE
William Everett, 2101 Prescott Place made the following presentation:
• Good evening. My name is Bill Everett and my wife and I live at 2101 Prescott Place. I appreciate the opportunity to speak to you tonight.
• Our home is immediately adjacent to the proposed subdivision at 2021 Prescott Place. This two lot subdivision received preliminary approval from the City Planning Office on May 15th.
• The reason I am here tonight is to ask you to protect the existing neighborhoods from selective, exploitive development. The “Residential Infill Compatibility” criteria in the new UDO are not adequate to protect the character and integrity of existing neighborhoods in Raleigh. We are asking you to instruct the City Planning Office to suspend issuing additional building permits for approved infill subdivisions until the appropriate changes to the “Infill Compatibility Criteria” can be drafted ad approved by the Council.
• Having the appropriate “Infill Compatibility Criteria’ is an issue for the whole City of Raleigh, but it is particularly important for sections like North Ridge where the neighborhoods are characterized by lots of a half an acre in size and often much more. These neighborhoods were designed with generous setbacks and with many curved streets and cul-de-sacs to manage traffic. These are precisely the characteristics that make North Ridge a very desirable neighborhood and a great place to live.
• However, it is also these very characteristics that make this neighborhood attractive to developers who want to take advantage of the large lot sizes and the existing R-4 zoning. In this context, building setbacks are a critical compatibility criteria in terms of maintaining the character of the neighborhood and the current standards are simply not adequate.
• Unfortunately, the current infill compatibility criteria permit developers to exploit and leverage the high property values in established neighborhoods while putting existing home values at risk. We do not think this is right and we do not believe this was the intention when the UDO was drafted.
• The information we provided to you in advance of tonight’s meeting outlines in detail why the current infill compatibility criteria are inadequate. We have also provided copies of a neighborhood petition opposing the subdivision signed by 106 of our neighbors. Some of those neighbors who signed the petition and others who support our view are here tonight and I would like to ask them to please stand up.
• Despite the language in the petition, we are not asking you to deny the subdivision or enforce the restrictive covenants that apply to the property. What we are asking you to do is recognize that the current “Infill Compatibility Criteria” in the UDO, are not adequate to protect the character of existing neighborhoods. This issue is of great importance to many neighborhoods in Raleigh and therefore we are asking you to instruct the City Planning Office to immediately cease issuing building permits for infill subdivisions until more appropriate criteria can be drafted and approved by the Council.
• Thank you for your time this evening and I would be happy to answer any questions you may have on this matter on any of the materials submitted in advance of the meeting.
Approximately 50 people stood in support of Mr. Everett’s remarks.
Ms. Baldwin pointed out the Council had been asked to look at the issues as a part of the UDO which we are doing. She pointed out however Mr. Everett and his contemporaries are asking for a cease and desist order and questioned if that is possible. City Attorney McCormick indicated the City Council does not have that authority. The project is proceeding under existing law. He explained the ultimate appeal as it relates to this subdivision would be to the Board of Adjustment. Mr. Everett indicated they are simply asking the Council to review the criteria. Mr. Crowder pointed out the Council had agreed at its last meeting to refer this type issue to the Comprehensive Planning Committee and so moved. Mr. Stephenson stated it seems like this would be a zoning interpretation and asked if staff could provide an interpretation about infill capability and talked about how this was a problem in the past and the Neighborhood Conservation Overlay District was established and is available. After brief discussion, the item was referred to Comprehensive Planning Commission.
RALEIGH DENIM WORKSHOP – REQUEST FOR UTILIZATION OF PARKING SPACE – APPROVED
Asher Gannon, Raleigh Denim Workshop, 319 West Martin Street pointed out they would like permission to park a traveling retail trailer in front of the Contemporary Art Museum for a special event scheduled for Sunday, June 22. She stated on that date they are having an all day party which is open to the community. They want to get people involved, have live music, beer, chocolates, etc. She stated they were hoping to get the traveling retail trailer – Dear Heart – that would fit into the parking space at that location. She pointed out she had spoken with the police department, DRA and she thought everything was okay. She stated they will not be soliciting on the right-of-way, people will go inside, purchase items and leave. She stated this is on the deadend of a street.
City Manager Hall pointed out the primary issue is the prohibition of conducting business on city streets and the fact that the trailer is larger than a normal parking space. He stated the City would recommend requesting a street closure where the Council would have to make an exception. Ms. Gannon pointed out they have submitted a request for a trailer that does fit inside a regular parking space. Why the parking lot of the Contemporary Art Museum could not be used was talked about briefly. Ms. Gannon stated she had changed the request and the size of the trailer does fit inside a regular space and there are already activities in the parking lot on that day. Ms. Baldwin moved approval. Her motion was seconded by Mr. Stephenson and put to a vote which resulted in all members voting in the affirmative except Mr. Maiorano and Mr. Odom and Mr. Gaylord who was absent and excused. The Mayor ruled the motion adopted on a 5-0 vote.
POULTRY ORDINANCE – REQUEST FOR HELP – REFERRED TO ADMINISTRATION
Linda B. Lindley, was at the meeting asking that the Council create a separate ordinance and/or regulations regarding keeping chickens in the back yard. She stated she has asthma and one of strongest allergies is to chickens or the particles in their feathers and droppings which contain protein when they dry and enter the atmosphere. She stated when she inhales these microscopic particles it causes allergic asthma. There is no way to prevent these particles throughout the neighborhood and she has even worse problems when there is rain or wind storms. She stated asthma is classified as a handicapped and the chickens being in the neighborhood is a health hazard.
Ms. Lindley explained her neighbor put chickens in his back yard in April and prior to that she and her husband went over and talked to him about her allergies and the fact that the feathers cause her problems. She stated they asked him to locate the chickens as far as possible away from their property to hopefully prevent a health problem. The neighbor said he would not put the chickens next to their property and if she got sick he would get rid of the chickens however he has done exactly the opposite. She talked about the enclosure he built in his back yard next to their property line and vented the open side next to her property and side yard. When they approached the neighbor he just said lets see if it makes her sick. She explained situations where has talked to the neighbor about having to go to the emergency room and now he does not want to talk to them about the problem. She explained they have sent text messages to the neighbor, written a letter but he does not respond. Ms. Lindley stated without some kind of regulation or ordinance that covers chickens she does not know what to do. She stated she called the zoning department and placed a complaint and found out all they can do is request him to remove the chicken coup five feet off the property line but that does not help remove the airborne particles. Animal control told her they can only help if there is a foul odor. She cannot find anyone that can help her. She stated there are regulations if a dog or cat is vicious but there is nothing that can be done about chickens. She stated there are restrictive covenants in the neighborhood that restrict chickens but there is no homeowners association to help her get the covenants enforced. She talked about Durham having specific regulations for urban flocks or chicken coups and required citizens to get consent forms from their neighbors. They all also have specific regulations that permit the city to revoke or remove chickens when there is an issue or violation. She stated a chicken can be considered a nuisance if it disturbs the use or enjoyment of adjacent properties. Her right to enjoy her property has been violated. She stated she cannot even walk to her mailbox, sit on her deck, use her outdoor grill or anything in the yard. She is afraid to have her grandchildren over because they also have allergies and while she does not know if they are allergic to live chickens she does know they are allergic to egg products, etc. She stated she has no way of knowing when the atmosphere contains the airborne chicken particles and she must wear a mask over her nose and mouth just to get to the car. She stated the neighbor knows of her problems and talked about her health being put at risk. She asked the Council to help her.
City Manager Hall pointed out the City does not have a separate ordinance regulating chickens as the City looks at it under the framework of public nuisances. He suggested that the item be referred to administration and our inspectors could go out and look at it as it relates to a public nuisance and report back. He stated he would be in touch with Ms. Lindley.
Mr. Stephenson requested that administration also look at Durham’s Ordinance and see if there is something that could be added to the City’s.
HORSESHOE FARM NATURE PARK- CONDEMNATION - 7909 RIVER RIDGE ROAD – TO BE PLACED ON JUNE 17 AGENDA
Stout Sharber, 7909 River Ridge Road, Wake Forest stated his property backs up to the right-of-way entering the Horseshoe Farm park. His lot has a natural tree line buffer between their home and the right-of-way entering the park. He stated for the past several years he had requested information from the City regarding the new entrance road because there is a “pinch point” at the location of his property and the Bailey property. He stated despites his contacts with the City, he was not given any substantial information until the end of last year. He has been told that the City will do everything possible to avoid taking his property and he was not contacted until the final plans for the new right-of-way were complete. He stated the plans were showing the right-of-way on his property even though the City owns the property on the other side of and adjacent to the current access road. In addition the City has a drainage easement on his property that was going to require the removal of most of the trees. He stated once he got the information, he requested an onsite meeting where he told the city representatives that he feels the new road should be located on city property and also informed them that he did no want to impact the Bailey property anymore than he was impacted. He asked the City to look at the overall impact the dam was having and see if it could be reduced. He requested the City to consult with an engineer to see if there are any alternatives to the current design which would hopefully reduce the foot print so that he and his neighbor could be impacted the least amount possible. He stated the City did agree to relocate a portion of the road onto City property; however would not change the dam. He stated he is before the Council to request the 180 days in order for him to attempt to hire an engineer that specializes in the design of earth dams to see if there are alternatives or options regarding the drainage easement for the dam. He stated he totally understands the road needs to be built and he would like to work this out but he does not want to be impacted any more than anyone else but it appears that he will be loosing significant amount of his tree line and buffer.
City Manager Hall pointed out representatives of the Parks, Recreation and Cultural Resources Department are available to answer questions. He stated Mr. Sharber’s item was on the May 20 agenda and the condemnation was scheduled to be on that agenda but the City pulled it to give additional time for Mr. Sharber to work with the City.
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Lisa Potts pointed out City staff has been working with Mr. Sharber and have met with him, talked about acquisition, community meetings, public process, meetings on site between city real estate people, the city’s engineer, adjustments the City has made to help lessen the impact, talked about the total square footage and the feeling that the city will not be able to eliminate all of the impacts. Ms. Potts talked about shifting the road closer to the caretaker residence but how they have to get the alignment of the road to cross the dam. How adjusting the location of the dam would impact the alignment on the road, widening of exiting dam and road and the classification of the dam and requirements.
Other discussion took place about the number of trees that will be removed, the city’s plan to restore the screen, compensation for the loss of property and the fact that the city has been working with Mr. Sharber since January of 2013. Ms. Potts pointed out the City awarded the contract at the last meeting and she is not sure allowing additional time for Mr. Sharber to work on the issue will change the alignment. Whether the contractor would hold the bid for two weeks was talked about.
Mr. Sharber again expressed concern as he has been asking about this for over two years and the fact that the city owns property across the road and his feeling that there are other options but expressed concern that he may not be able to get an engineer in the state to go against the city as they would want to be able to work with the city in the future. Ms. Potts talked about the amount of land for permanent acquisition and temporary construction easement, building of a temporary detour, permits that have been acquired to drain the pond, do the dam work, etc. Mr. Crowder stated as he understands if the City changes the location of the dam it would have to go back to or through the process for a new permit. It was agreed to hold the item for two weeks to allow Mr. Sharber time to try to secure an engineer and get an update on the progress. The item including the request for a resolution of condemnation will be placed on the June 17 agenda.
MATTERS SCHEDULED FOR PUBLIC HEARING
BUDGET – FY2014-15 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM - HEARING – COMMENTS RECEIVED
This was a hearing to receive public comment on the proposed FY2014-15 operating budget and capital improvement program. The Mayor opened the hearing to the public.
Keith Wilder, 12614 White House Road, Zebulon, pointed out he is president of the Firefighters Association and commended the City Manager for the excellent benefit recommendations as he feels that is taking steps in the right direction and he hopes that will continue. He indicated the City Manager had talked about a range adjustment or salary adjustment study could take 12 to 18 months explaining this was done in 2009 and the police and fire associations participated in the studies and they hope to have a seat at the table in these. He called on the Council to approve the employee benefit package.
Jill Bullard, CEO and Co-Founder of Interfaith Food Shuttle and Kia Baker, Division Chief of Food Recovery and Distribution for Interfaith Food Shuttle, expressed appreciation for the Council support in the past, gave out a brochure that tells about their work, talked about the importance of people having good nutrition, and asked the Council to continue with their support of Interfaith Food Shuttle. Approximately 50 people stood in support of their remarks.
Sarah Crawford and Sarah Hanson, Tammy Lynn Center, expressed appreciation for the Council’s support in the past, and pointed out they are asking for the same amount this year as last year $100,000. They provided a package of information about the work of the Tammy Lynn Center and the childhood at risk children and families. They asked for continued support.
Elizabeth Gardner and her daughter spoke in support of funding for the Falls White Water Park. She stated this idea came about from at trip to Golden Colorado, talked about the kid friendly atmosphere, participation in the system plan, visioning sessions as it relates to the White Water Park being a part of an adventure hub including the Forest Ridge Park, Leonard property, Horseshoe Farms and others. Elizabeth’s daughter Reese stated she has a kayak, loves to kayak and hopes the Council will support a White Water Park so they do not have to drive so far to enjoy the activities. Also speaking in support of the White Water Park was Ratoiu Alli who stated he had lived in Raleigh over 29 years and works with the Great Outdoor Provision Company which is headquartered in the area. He told of the work of the Great Outdoor Provision Company and pointed out they sell equipment and supplies that would or could be used at a whitewater park stating Construction of the park would benefit local businesses when included in a well planned recreation package. This is unique in that the closest similar facility is in Charlotte. It would help grow the tax base, bring new businesses and visitors into the area.
Also speaking in support of the Falls White Water Park was Nathan Taylor, Durham, NC, who stated he is a professional kayaker and also a member of the North Carolina Task Force 8 Search and Rescue Team. A White Water Park would provide great recreational opportunities but also a training facility for search and rescue teams that are activated during swift water or national disaster incidents. Also speaking in support of the White Water Park was Duarte Morais, 2264 The Circle, pointed out he is an associate professor at NCSU and a tourism specialist with the Extension Service as well as an advocate kayaker. He talked about all of the things happening in Raleigh, its cultural and tourism and pointed out this would be a great addition.
Sig Hutchinson, 2704 Snowy Meadow Court, stated he lives approximately ¼ of a mile from the Falls White Water Park location. He stated the White Water Park would be a unique facility that would add diversity to the City’s park experience. He presented a map showing the location of the various recreation facilities in the general vicinity which includes Forest Ridge adventure Center, the mountains to the sea hiking trails, Neuse River greenway, Leonard Track Horseshoe Farms, etc. He called on the Council to include $2.8M in the possible upcoming bond package and talked about what he thought it would do for the area recreation wise. It would be a spark plug and a super charge for the area.
Octavia Rainey, 1516 E. Lane Street, expressed disappointment in the budget stating it is hard to read, not a line item budget and is not transparent. The City Manager should have been more transparent with the bus service, telling people what we do, talked about collective bargaining, the work with Viola and a study that was done in which she outlined 65 questions for the consultant who never called her back. She pointed out she has been following the City of Raleigh’s budget since 1976; talked about transportation being cruel, talked about the Rosa Parks book and pointed out she feels the goal is to get blacks off the bus and commended Eric Lamb as the only person that would give her a straight forward answer that the City of Raleigh is trying to increase Caucasian ridership. She expressed concern about the fare increase.
Vivian McCoy and Frank White were at the meeting pointing out they are affiliated with Southeast Raleigh Assembly. They expressed appreciation for past support, thanked the City Manager pointing out they feel he hit the ground running and asked for continued support.
Karen Rindge, Wakeup Wake, agreed that transit is a critical priority and expressed frustration about the Wake County Commissioners inactivity on transit. She stated she is pleased to see the increase in funding for the CAT system, building more bus shelters, cleaning up Moore Square, and support for Union Station. She stated she knows the General Assembly and Governors action to eliminate the privilege license tax is a blow to all cities and she knows we will see tax increases because of that. She expressed appreciation for the proposed tax increase for road funding even though no one really supports increasing taxes; therefore we must find other ways. She talked about the possibility of pay as you throw programs which may help decrease the cost. She talked about increasing cost to cities everywhere, talked about the support of increasing recycling fees and support for the increase in sewer rates which will help replace aging infrastructure as the lack of planning from past city councils has created that problem and she respects the Council’s courage for moving forward to rectify.
Debra King, CASA, stated the City’s support of CASA is critical to provide affordable housing pointing out there are some 560 people on the waiting list and asked the Council to continue funding.
Hope Turlington, 4910 Lead Mine Road, expressed concern about the City paying for Dix property and the annual upkeep of that. She asked the Council to stand down on the issue. She talked about the need for a facility such as Dix in this area, pointing out her son is a patient and talked about the number of people on waiting list pointing out Butner does not replace Dix. She does not feel that a park is more important and expressed concern about the lack of transparency on the Dix matter.
The City Clerk read the following statement from Morton Lurie.
Since I no longer drive downtown at night and available evening CAT service will not get me home for sure please accept this note as input for the Council hearing being held June 3 on the proposed increases to the city property tax and other charges.
While I am not happy that a tax increase is needed to address city roads I applaud City Manager for recognizing this has become a serious problem, particular in the areas of the city outside of downtown that depend on the automobile for transportation. If the measure passes the Council needs to give major attention to roads. For years the Council has focused on “streetscape projects,” sidewalks, bicycle lanes and Greenways to the detriment of the road system.
I strongly oppose the increase in the Utility rates for water and sewer while the current discriminatory tiered rates remain in force. These rates are specifically a tax imposed on families to the benefit of single person residences. These were adopted after the water system was foolishly expanded to support the surrounding towns and the experience of a periodic drought. The tiered rates were to encourage conservation; evidently they have been too effective since rate increases have been required to make up for the drop in demand. Every family in Raleigh is paying more than their fair share to support the water utility, for example my family has three people. It includes my son whose job requires him to change all his close daily (and of course wash them). It is time to Council adopt farness to all citizens as a principal in assessing fees and taxes.
No one else asked to be heard, the Mayor closed the hearing and referred the comments to budget work session.
HILLSBOROUGH STREET MUNICIPAL SERVICES DISTRICT – HEARING TO CONSIDER REAUTHORIZATION – APPROVED WITH $.15 PER $100 RATE; EXPANSION POLICIES – REFERRED TO LAW AND PUBLIC SAFETY COMMITTEE
This was a hearing to receive comment on the reauthorization of the Hillsborough Street Municipal Service District. The Mayor opened the hearing.
Kevin Jennings, 404 Ramblewood Drive, Chairperson of the Hillsborough Street Community Service Corporation asked the Council to approve the reauthorization as it is very important to the Merchants, business owners and others in the area.
Jeff Murison, Executive Director of HSCSC, outlined the plan in place and the proposed expansion plus the request to increase the rate to $.15 per $100 valuation. He presented a powerpoint outlining the accomplishments including clean and safe, physical improvements in the area, lighting, reducing panhandling, increased food and beverage taxes, the public/private redevelopment that has occurred in the area and outlined the proposed boundary for the reauthorization. He stated they are also requesting that the rate be increased from $.10 per $100 to $.15 per $100 and $.18 in subsequent years. He stated this would allow them to continue the basic service, expand and enhance the program, add security, etc. He explained the rationale behind the proposed expansion relates to development occurring in the Cameron Village area and how this would provide a seamless experience for people in the area. He stated a hotel will be completed soon and explained people will be migrating from the Cameron Village area to the Hillsborough Street area and the expansion would allow the seamless experience. He talked about the amount of money raised through the assessment and the importance of the program to the area.
Rob Baumgart, 5600 Rock Service Road, pointed out he is a property owner who attended NCSU, and talked about the importance of the MSD and the subsequent improvements to the area. Approximately 25 people stood in support of the proposal.
Patty Gillenwater, 607 Competition Road, pointed out she owns and operates a business at 1804 Hillsborough Street. She stated there was doubt in some people’s mind when she purchased the property in 2001 but every one she has encountered feels the atmosphere is great. It is wonderful to be able to come to work on Monday morning after a big party type weekend had occurred and find no trash and her property in good shape, etc. She is pleased with the district and hopes it continues.
Steve Dickens, representing Brickhouse Pub, Royal Building on Hillsborough Street, pointed out his business opened in 2008. Things did not do all that great; however, in 2010 they begin working with the Business Improvement District and their business has improved and he feels a lot of that is attributed to the work of the BID/MSD.
Leroy Reynolds pointed out he owns property at 303 and 305 Oberlin Road and has owned that property for over 20 years. He applauded everyone for the work that they are trying to do. He pointed out however he maintains his own property, as does his surrounding neighbors - a bank, York Properties, Mr. Stephenson, etc. He stated his area has been peaceful and he is concerned that his property and surrounding property may have been targeted it as a problem area and asked that the City take another look at including him in the area.
Charles Leffler, NCSU pointed out he has been working on Hillsborough Street in some manner for the last 30 years. He stated he is very grateful of the work of the BID and the University supports it.
Emily Cago pointed out she is representing the Friends of Pullen LLC. She talked about an office building valued at over $1M therefore under the new proposal the tax would go up about $800. She called on the Council to look at what if any justification there is for increasing the rate. She stated if development continues, there will be more money. She questioned the need or the justification pointing out she is neither for nor against the proposal just asking questions.
Steve Guth, pointed out he owns apartments at 10A Enterprise which is affordable housing. He stated he hopes to keep his rent low, he pays taxes now and the extra tax will cause him to have to raise his rents. He stated he feels some of the information may be flawed he just does not understand everything being proposed.
Autumn Elizabeth Racine, 804 West Hargett Street, presented a prepared statement expressing the reasons why she and her neighbors do not wish to be included in the proposal which includes the fact that BID stands for business improvement district which mainly goes to benefit businesses; therefore the benefits to her are limited. Many of the things that it pays for such as marketing and festival should not be expenses that a residential property owner should be expected to pay and for some of the things such as trash collection, street cleaning, etc., that are already covered by property tax. She stated the 800 block of West Hargett Street is a one block segment, it has no sidewalks and minimal traffic. There is really nothing the BID could do for this block as far as landscaping, keeping it clean, etc. She stated she rarely sees liter and when she does she picks it up. She pointed out since she has lived in that location she has spent several hundred dollars in landscaping improvements much of which are not on her property. She stated she understands property taxes are likely to go up so it really would be a burden to have to pay for the BID assessments in addition to increased property taxes. She stated she understands there has been an offer from HSCSC Board to refund assessments for resident occupied units; however, it would still be inconvenient to have to pay the cost and wait six months for a refund. She stated all five of the residents in the 800 block would like to be excluded and presented in a letter from other property owners outlining the reasons they are asking to be excluded.
No one else asked to be heard, thus the hearing was closed.
Brief discussion took place on the concerns that were offered and concerns about increasing the land area. City Attorney McCormick explained the difference in a municipal service districts to and BID. He stated normally when the Council establishes a MSD, it doesn’t have a specific expiration date. He pointed out the General Assembly provided a very easy or convenient way to stop a MSD, pointing out if the Council chooses to move forward he would suggest that it be without an expiration date so they would not have to come back year after year pointing out if there are problems it can simply be stopped.
Mayor McFarlane indicated as she has listened she has heard no concern about the existing district but there is concern about the expansion of the district. She moved that the Council approve reauthorization of the existing district and refer the item to Law and Public Safety Committee to look at definitions, policies, etc., on expanding a district. She restated her motion to reauthorize the existing district without an expiration date including the rate increase to .15 and refer the expansion policy issue to Law and Public Safety Committee. Her motion was seconded by Mr. Crowder and put to a vote which resulted in all members voting in the affirmative except Mr. Odom, Mr. Maiorano and Mr. Gaylord who were absent and excused. The Mayor ruled the motion adopted on a 5-0 vote. See Resolution 919.
SEWER EXTENSION – LOWER CRABTREE CREEK PROJECT – HEARING – RESOLUTION ADOPTED
This was hearing to consider PU2014-13 which calls for the installation of approximately 2,800 linear feet of 18-inch and 1,200 linear feet of 12-inch sewer main known as the Lower Crabtree Creek Project with assessments to apply. The Mayor opened the hearing no one asked to be heard thus the hearing was closed. Mr. Stephenson moved adoption of a resolution directing the project as advertised. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative except Mr. Maiorano, Mr. Odom and Mr. Gaylord who were absent and excused. The Mayor ruled the motion adopted on a 5-0 vote. See Resolution 920.
REZONING Z-33-13 – WESTERN BOULEVARD – HEARING CONTINUED UNTIL JUNE 17, 2014
During the May 6, 2014 Council meeting, a hearing was held to consider a request from J. C. Edwards, Trustee and Amy E. Edwards, Trustee, to rezone property in the northeast corner of the intersection of Chaney Road and Western Boulevard from Residential-10 with Special Residential Parking Overlay District (SROPD) to Neighborhood Mixed Use-three story-Conditional Use (NX-3-CU with SRPOD)
It was agreed to hold the item for 30 days to allow for additional negotiations and place the item on the June 3, 2014 agenda for further consideration.
Planner Travis Crane indicated this item was held over from the May public hearing. He explained the City has received a valid statutory protest petition. He stated it was held over as the City Council asked the applicant to speak with the adjacent property owner about some of the concerns. Mr. Crane went over the location of the property future land use maps, staff analysis, West CACs 10-4 vote to deny Planning Commissions’ 8-1 recommendations to approve and went over the outstanding issues relating to inconsistency, etc.
Attorney Tom Worth stated he was before the Council to ask for a two week extension explaining the primary property owner is out of the country and will not be back for eight days. He stated negotiations have been carried on but have not bore fruit as yet.
Mr. Worth stated the property owner on the north pointed out an error explaining the staff report on this case is badly flawed. There is a 50 foot setback under the UDO but the staff report indicates the setback would be 0 to 6 feet. That is one of the three flaws he has found in the staff report but is the major one. He stated everyone knows the UDO is a work in progress but that is a problem that was called to his attention. He asked for a two week extension.
Jerome Goldberg read the following prepared statement and asked that it be made a part of the record.
As per the Mayor’s suggestion, I contacted and spoke at length with Mr. Thomas Worth, attorney for AutoZone (contract vendee) and Mr. Larry Vinson, real estate representative for Mr. JC Edwards (applicant and owner) to discuss possibilities of mitigation measures to the negative impacts cited by me and my wife and our verified statutory protest petition in opposition at the public hearing on May 6 of the above application. We tried to reconcile our opposing positions but were not successful.
In addition to a summary of my salient points stated at the public hearing and listed below, a Major Impact was not discussed by the Council.
Last weekend, I was appalled to read about the chemical explosion and toxic releases and firestorm event in a Chemical Facility in Marietta, Ga. Why has the toxicity, hazardous nature, flammability, and explosive potential of the automotive chemicals, paints and other products stored and sold at Auto Zone and apparently allowed under the requested new Zoning not been addressed nor mentioned; nor were official MSDS information sheets required to be submitted to the Planning Board or Council or Staff for review. Nor was the potential hazardous impact on the adjacent residential neighborhood nor on the gasoline dispensers next door; nor was the requirement that automotive oil vendors are mandated to accept and store gasoline-laden used oil for disposal.
I again implore the Mayor and Council to reject the rezoning application before you on behalf of the neighbors, tenants, and residents of Raleigh, to wit:
• The Planning Board, in their recommendation to Council for approval, completely ignored the official Staff Recommendations submitted to them.
• How can a 6 foot fence at the North border (my residential property) mitigate a 39 foot tall commercial building nor the allowed storage and delivery truck and parking and dock areas? I have personally witnessed customers of AutoZone on Hilburn Road and Glenwood Avenue parked with their hood up in the store parking lot repairing cars and installing parts, regardless of any AutoZone signs prohibiting it. No required buffering is shown in the application. Certain elements of the proposed site plan should be submitted concurrently since the possibility exists that site plans will not require public hearings nor will be issued by the Council.
• What about hazardous waste storage? What about loading docks? What about dumpsters?
• Surrounding residential zoning was deemed by Staff to be incompatible and this rezoning would create a “strip mall” in deference to the City policy that encourages “Modal” development. “Commercial uses abutting single family houses is not an ideal juxtaposition”. Planning Department Staff also stated in their report , “Commercial uses on the site would further extend a congested, automotive oriented commercial strip. The proposed rezoning would allow an incursion of commercial uses into an established residential area. “
• Incompatibility with the existing COMPREHENSIVE PLAN was cited by Staff, which requires moderate density residential where commercial is NOT consistent with this designation. It is the Council’s charge to modify the COMPREHENSIVE PLAN, NOT THE PLANNING BOARD. Unlike what Autozone’s attorney opines, the site can be attractively redeveloped per the existing Comprehensive Plan – see the Townhouse development at the corner of Western and Blue Ridge just west of I-440 and K-Mart.
• Inconsistent with the PROPOSED LAND USE MAP (PLUM) was also cited by Staff. I just received a notification card from the City referencing new zoning maps and the maps show a continuation of Residential R10 in this site for the future. It is the Council’s charge to modify the PLUM, NOT THE PLANNING BOARD.
• The frontage lane on Western Boulevard is a de facto part of the Access Lane to I-440 Highway. The application indicates an access and egress directly from this frontage lane on Western as well as an access and egress from the residential Chaney Street. Access to the site from Chaney will put much commercial traffic in the residential areas including Reavis Road and Chaney Road. Also the width of these two residential streets is not sufficient for two-way commercial traffic ( i.e. delivery trucks, dumpster trucks, tractor trailers, etc.), especially in light of on-street parking and motorists using these two narrow residential roads as a shortcut to I-440 to avoid the traffic signal at Western and Method.
• The City’s transportation Planner/engineer, in his addendum to the official Planning Staff Recommendation Report, wants the ONLY, SOLE access to the site to be from Method Road, through a joint shared access with the existing gas station next door. The Planner/engineer also reported that the State of North Carolina has scheduled plans to alter and widen this I-440 interchange in 2016.
• It is my information and belief that AutoZone previously applied for a zoning change a few years ago on the property across Chaney Road on the same side of Western between Chaney and I-440, but either abandoned the application or was denied. I believe it would be prudent for the Council to research this transaction.
Attorney Worth indicated access through the adjacent convenience store property is absurd and that is error #3 in the staff report. He indicated the information that he had provided relative to the traffic impact indicates that the proposed use is a low traffic generator. He stated he has a lot of work to do and requested the two week delay.
Mr. Crowder stated he did not object to the two week delay and he appreciates Attorney Worth working with the adjacent property owners but he does not feel it will change his mind and would put everyone on notice that he plans to vote against the case. Mr. Crowder moved that the item be held on for two weeks. Without objection it was agreed to that course of action.
REZONING Z-2-14 – HILLSBOROUGH STREET – HEARING – CONTINUED UNTIL JUNE 17, 2014 MEETING
This is a hearing to consider a request from Thomas T. Roberts, HBST Partners, LLC, Andrea K. Crumpton, Sloan G. Cramer, and Charlotte V. Stubbes to rezone approximately 0.18 acres on the north side of Hillsborough Street between its intersection with Horne Street and Pogue Street from Neighborhood Business (NB) with Pedestrian Business Overlay District (PBOD) and Special Residential Parking Overlay District (SRPOD) to Neighborhood Mixed Use – seven stories – Shopfront – Conditional Use (NX-7-SH-CU) with SRPOD with conditions dated April 17, 2014. (Z-2-14)
Planner Travis Crane explained the request, presented information on the existing and proposed uses, aerial photographs, surrounding zoning and development, pointed out alleyway between the property and the church, setbacks, proposed conditions including seven story building not to exceed 75 feet, location on a transit corridor, Comprehensive Plan analysis, which includes inconsistency with the FLUM, Planning Commission’s recommendation of approval on an 8-2 vote, the Wade CAC which voted 53 against and 11 in favor and the staff comments.
Attorney Mack Paul representing the petitioner indicated Tom Murphy with Olive Design is present to answer questions. Attorney Paul explained this had been discussed by the Comprehensive Planning Committee and the Planning Commission. The applicant needs to add conditions; therefore he is asking the Council to hold the item over at the end of tonight’s hearing to allow that opportunity. He presented slides showing the area, outlining uses in the area, uses along Vanderbilt, Horne, talked about this being the location of Two Guys and the area has building stock in which it is hard to attract good tenants. He explained the proposal Hillsborough Lofts which would have first level retail and six levels of residential units with 4 units per level. He presented a plan to turn the present alleyway between this property and the adjacent property into a public park open space, etc. He talked about the area in general, the comprehensive plan vision statement, presented charts showing recent Hillsborough Street development projects and the economic prosperity coordinating land use, comp plan consistency and vision statements, explaining context and compatibility, building heights in context within Hillsborough Street core area, within the 2500 block, Horne Street, Pedestrian Business Overlay District, solar access analysis, and applying height table which he indicated is about intensity, not height.
Attorney Paul indicated the proposed use is aimed at NCSU students who do not have cars. This would reduce the traffic impact from what could be built at this location. He talked about the current zoning, limits building height to 3 stories and this places significant restrictions on the potential to develop properties on Hillsborough Street and in most cases will make them financially infeasible. He talked about the need for high quality mixed use in this general facility and how the proposal would allow for greater height and density, ability to create more favorable conditions, and stated in summary what is being proposed if the rezoning is approved is a high quality mixed use project that meets the comprehensive plan policies, addresses context and impact concerns and enjoys the support of the surrounding neighborhood. Attorney Paul indicated there are conditions they were asked to add to the case so he is again asking that the Council hold the hearing open and place it on the June 17 agenda which would allow him time to add the new conditions.
John Baker, West Raleigh Presbyterian Church, indicated a number of members of the church are present with him today. He stated they had studied the proposal and had met with the developers a number of times, and met with individuals who oppose the project. However, the West Raleigh Presbyterian Church voted overwhelmingly to support the development. He stated the developer listened to them and made compromises to address their concerns. It is felt that the proposed development would have positive impact on the neighborhood and will help turn an unattractive alley into an inviting public open space. It will replace old buildings, etc. Mr. Baker pointed out their church was initially established to provide campus ministry and the developer has agreed to donate space for a nonprofit café known as The Gathering Place where people can meet, enjoy a healthy meal while enjoying the company of others. It will be a pay as you can menu. Mr. Baker talked about other churches that are involved in The Gathering Places as well as a number of merchants. He feels this is an exciting partnership and talked about the positive impact the 7 story hotel near the bell tower is bringing to that part of Hillsborough Street.
Even Brigg, Raleigh YIMBY (yes in my back yard) spoke in support. He presented a map showing were people who voted against the proposal during a recent CAC stating CAC not always right. He stated he went door to door and 99% of the people who live within two blocks support the request.
Niall Hanley stated he lives one block from this development and he is excited about the proposal. He stated he has personally taken advantage of similar developments and he feels this proposal provides the mixed use and walkability that the Council wants and called on the Council to move forward.
Barker Garrison, merchant next door to the proposal, stated he overwhelmingly supports the project and pointed out other adjacent merchants also voted to support the proposal.
Seth Hollar stated he lives about half a mile from the proposal and is a member of the University Park Homeowners Association. He talked about his support for bicyclist, transit, walkability, etc. He talked about his support for the project, stated however he understands the concern about the bad precedent it would set to allow seven stories, talked about extenuating circumstances as this is directly across from NCSU and has more pedestrian traffic than anywhere else in the city. He feels the seven story proposal is reasonable for the pedestrian environment, as Raleigh is growing and we much look to create incentives for young people who live in the area. He called on the Council to look at revising the comprehensive plan for this area as it looks like the 1950’s development. We need walkability and pedestrian friendly development.
Kevin Jennings, Hillsborough Street BID Merchants are unanimously in support of the project going forward. He stated the group cannot vote in the CAC but they would like for their voice to have the same weight as a CAC vote that is taken by people who live far away.
Mitch Hazouri stated he lives on Vanderbilt and he owns property across from NCSU Library and has operated Mitch’s Tavern since 1972. He stated he is in support of this type development on Hillsborough. He feels from an urban standpoint it would be a spectacular development however talked about building without a place for the cars could be a concern as we do not know how it will play out. He stated he thinks if everyone works together it will work out. He talked about the need to upgrade his façade and commended the collaboration between the various entities as he sees this happening more in the future.
A representative of FMW real estate developer at 2604 Hillsborough Street pointed out this would allow for the development of a project competing with his however he supports the proposal.
Sallie Ricks, 2715 Rolesdale Avenue presented the following prepared statement:
University Park Homeowners Association Board of Directors supports a 5-story maximum height for this location on Hillsborough Street. Our view was shaped by the Wade CAC vote which rejected 7 stories, and, with a second vote, approved 5 for this location. This an indication of the desire of the greatest majority of University Park residents to follow the Comprehensive Plan and measurable standards we have set for ourselves for rational and planned solutions to growth.
Many housing projects along this corridor are accommodating density that brings students close to campus and supports transit; and, all these new projects are within our approved plans. Except this one.
The request for 7 stories represents 40% more development intensity than the currently approved build out plan for this area. We have an adopted plan which considers the maximum density our infrastructure can support citywide, and 5 stories is the aggregate maximum for sustainable density. Five stories has been determined to be more than enough density to support transit and accommodate expected growth in this corridor.
Sometimes rezoning exceptions to our plan are approved, such as the Aloft Hotel on Hillsborough Street which received support from surrounding neighborhoods. When a rezoning case requests additional entitlement, residents want to know what is the public benefit to the community at large for such an exception?
The proposed style of construction associated with this case would condense the height of 7 stories into 75’ and would not produce the exceptional product we expect for additional entitlement at this location, north of Hillsborough Street.
And last, please consider how approval of 7 stories without analysis would impact the proposed Hillsborough Street Vision update. I look forward to your support for this Update. However, I am concerned that approval of this excessive rezoning request prior to this revision would undermine stakeholder confidence in the process and pre-empt the outcome of the vision discussion.
Therefore; I respectfully request that you implement our current adopted plans for growth on Hillsborough Street and say no to seven stories for Z-2-14.
Approximately 20 to 25 people stood in support of Ms. Ricks’ remarks.
Donna Bailey, 2506 Mayview Road, presented the following statement:
The citizens of Raleigh expect a clear and predictable process that was promised from the Raleigh City Council when you UNANIMOUSLY adopted the 2030 Comp Plan and the UDO. The planning staff has given us clear guidance that the form based height requirements for NX is both stories AND a maximum height in feet. Z-2-14 is using the maximum height in feet as the only applied metric for the building size. Number of stories is important, too, since it controls intensity of development and 7 stories is inconsistent with the 5-story maximum staff has recommended for this area of Hillsborough Street.
This project offers no explanation or example of public benefit to the community, as to why the Comp Plan should not be followed. Unlike the hotel, which had OVERWHELMING support from the neighbors, this project does NOTHING to warrant a 40% increase in density over what is proposed by staff and in the FLUM.
In addition, there are MANY examples of economically viable and very recent 4 and 5 story housing projects that are working on Hillsborough Street and within a 1 mile radius. In fact, there are 11 projects, right now, that are working and designed within the Comprehensive Plan and the UDO, some with and some without parking.
These projects are:
Z-35-13 Meredith Height (3 stories)
Kane project at Stanhope (5 stories)
Z-9-14 (7509 Friendly Dr) (5 stories) This project is on 2/10th of an acre.
Dan Allen and Hillsborough Street (Sakura) (4 stories plus parking)
Zanoni/Hazouri project (4 stories)
Ashe Avenue (next to IHOP) (4 stories plus parking)
Zanoni at West Morgan (4-5 stories with parking)
401 Oberlin (3-5 stories with parking)
616 Oberlin (4-5 stories with parking)
St. Mary’s Square (5 stories plus parking)
712 Tucker (4-5 stories)
All of these projects are zoned NX and NONE are over 5 stories.
This proposed rezoning has the smallest parcel size, .18 ac, of any of these projects yet is asking for the BIGGEST height and intensity increase without adding public benefit. It would not be fair to grant such an exception when other developers are creating desirable, successful projects that are within the recommended and adopted plans for Hillsborough Street.
ALL the benefits of being transit friendly, walkable, and adding student density near the university are all true for a 5-story development, and, 5 stories is within the adopted guidelines for the Comp Plan and FLUM.
The overwhelming majority of residents of the Wade CAC, with a vote of 53 against and 11 for, want you to uphold the 2030 Comprehensive Plan and deny the request for a 7 story building at this site. The Comprehensive Plan IS the big picture for the growth of Raleigh but to make it work we must have faith in our planning decisions and stay the course.
Mike Rieder, 2712 Bedford Avenue, Chair of the Wade CAC, presented the following prepared remarks.
I am here as Chair of the Wade Avenue CAC and resident of the area for twenty six years. Hillsborough Street has come a long way over the years as a result of the partnership of the City of Raleigh with the business community and the residents that recognize Hillsborough Street as a very important part of our community. The changes did not happen by accident, but rather by careful planning, community engagement and data informed decisions.
The members of the CAC have voted in favor of each of the proposals that have been presented to us if they complied with the five story limit. We even voted to support the current proposal, Z-2-15, if it were brought forth as a five story proposal. We voted to oppose the present seven story proposal because it represents an exception to the comprehensive plan and the future lad use plan.
The current plan for Hillsborough Street calls for buildings from three to five stories. The cap at five stories was based upon staff analysis of the maximum capacity of the infrastructure to support such a scale as the development rolls out through 2030. A building of five stories has 66% more capacity, than a three story building. That provides great flexibility to a property owner. For economic reasons, most of the proposals are coming forth with a five story proposal. The comprehensive plan and the data and study that created it says our infrastructure can handle that scale. There are, as you have heard, multiple examples of developers who agree that a five story cap is economically feasible.
Now we are presented with a proposal that calls for a seven story facility, representing a forty percent increase in density. To grant this request would have precent setting impact, that is undeniable. At this point we cannot specifically predict the impact of a 40 percent increase in allowed capacity. To grant this precedent setting is an unwise exception to solid public policy. Base decisions on data, treat everyone fairly, in this case those developers who have bought forth proposals in compliance with the plan. I understand that Jarrett Walker; the renowned expert on city planning was here recently. He advocates for 20 units per ace as being the optimum density to support most transit areas. The Comprehensive Plan allows for the Hillsborough Street corridor to more than meet that benchmark. Any exceptions to the plan should be based on data that clearly identify an exceptional public benefit. This proposal does not meet that criteria.
Neil Riemann, 204 East Park Drive, asked the Council to deny the proposal. He stated he and his neighbors support students and density on Hillsborough Street but he does not see how it can be consistent with the Comprehensive Plan. He talked about this particular block face on Hillsborough Street which averages about one story. There is plenty of room to add density without going to 7 stories. He feels this area is a transitional area from NCSU to a neighborhood of lesser height. They support walkability, urbanism, quality projects as long as they respect the existing forms around them.
Paul Blankinship, 2509 Vanderbilt Avenue, stated for the past 35 years he has appeared before Councils asking them to preserve the residential integrity of Vanderbilt Avenue and surrounding areas. He stated he is concerned about a 7 story structure behind the residential properties will set a bad precedent. He talked about the privacy in his back yard being diminished, talked about the alley and the zoning map possibly being in an error as the alley in part belongs to the West Raleigh Presbyterian Church and the intent of the neighborhood business overlay was to draw a line along back property line of business frontage; however the map included a part of the church property.
Phillip Poe, 620 Devereau Street, talked about the UDO which in the next year to year and half will rezone approximately 30% of the City of Raleigh. He stated decisions made will affect that task and make it more difficult.
David Cox, 1902 Stoney Trace Court, presented the following prepared statement:
I am here tonight as a representative of the North Raleigh Coalition of Homeowners and the Protect Falls grassroots movement.
I am also here as a founding member of Grow Raleigh Great - a grassroots organization concerned about deficiencies in the udo - an organization that draws members from several neighborhoods throughout Raleigh.
As a representative of NORCHOA, Protect Falls, and Grow Raleigh Great I am here express our opposition to the rezoning request Z-2-14
Neighborhood mixed use as expressed in the Comprehensive Plan clearly describes small, neighborhood oriented development. The Comprehensive Plan is clear that the typical density for Neighborhood Mixed Use is for 3 story buildings with occasional 4 and more rarely 5 story buildings. The vast majority of properties being mapped to NX are being mapped to 3 stories with a small minority to 4 and 5 stories. The only properties being considered for anything over 5 stories are these three properties. They must be very special properties indeed.
Some want to throw out the Comprehensive Plan. But many in this city support the plan. Certainly Hillsborough Street can be successful by following the plan. We strongly encourage City Council to reject this request for rezoning. And to our neighbors along Hillsborough Street know that that you are not alone.
Evan Kane, 2728 VanDyke Avenue, read the following prepared statement:
My wife and I are both NC State alumni. We had our first date on Hillsborough Street. Our family regularly dines at restaurants on Hillsborough Street. My wife Debbie walks down Hillsborough Street to her job at NC State. We do our banking on Hillsborough Street. I ride my bike to work on Hillsborough Street. Our children imagine themselves as students at NC State in several years, enjoying familiar haunts like the Alley or Mitch's Tavern while embracing exciting frontiers presented in college. I think it's safe to say we are the very kind of people you want to attract to this neighborhood and to Hillsborough Street.
We look forward to more opportunities to integrate Hillsborough Street into our family's life and we hope to see Hillsborough Street develop into a robust hub of economic activity. We hope to see familiar landmarks enhanced by new development. We want developers and businesses on Hillsborough Street, such as Mr. Paul's client, to be successful and we want them to enhance the quality of life and integrity of our community.
This project pleases me and the neighborhood in many ways - the developer puts his money where his mouth is by committing to no on site parking and other amenities. It brings residents to the street, which are needed. But in our enthusiasm for re-invigorating the street, we need not depend on one property to solve the resident population problem. This will not be the last project of its type proposed on Hillsborough Street.
After a series of visioning workshops for Hillsborough Street specifically, and an extensive investment of time and money by the city and its citizens in the development of the Future Land Use Map and Comprehensive Plan, the city adopted a FLUM and Comprehensive Plan that calls for three to five stories along Hillsborough Street. Seven stories far exceed the community consensus vision. It is too tall for this thin strip of development. It would establish a precedent - and tremendous market pressure - for all future redevelopment on Hillsborough and the community behind it to exceed the well-founded requirements in the FLUM and Comprehensive Plan.
What assurance do we have about the revitalization of beloved Hillsborough Street landmarks when they face the market pressure to match the density of a project like this? What pressure will we see on Vanderbilt Avenue if this is approved at this height?
Why should we as a community devote our time, attention, and tax dollars to visioning projects or planning efforts if the council is not going to honor them?
We should be excited about re-development on this landmark street. But in our excitement, let's remember that it is not all the tall buildings or residential density that has made Hillsborough Street a fixture in our family's life for the last 20 years. Let's remember our community's vision. Let's get this right for the success of Hillsborough Street and its neighbors.
Council member Russ Stephenson read an email from Nina Schdossberg, Landis opposing the rezoning.
In response to questions from Ms. Baldwin, Attorney Paul indicated they would seek LEED standards on this proposal.
No one else asked to be hear, thus the hearing will be continued until the June 17 meeting.
REZONING Z-3-14 – HOLDEN ROAD – HEARING – APPROVED
During the May 6, 2014 Council meeting, a hearing was held to consider a request from Jennifer Elaine Holden Piver to rezone approximately 20.1 acres on Holden Road west of Blue Blossom Drive from Agricultural Productive (AP) and Residential-4 (R-4) to Residential-6 (R-6). (Z-3-14)
It was agreed to hold the item and place it on the June 3, 2014 agenda to allow an opportunity for the applicant to meet with the Citizens Advisory Council (CAC).
Planner Travis Crane indicated the item was deferred in order to allow the applicant an opportunity to meet with the CAC. Mike McIntyre representing the applicant indicated they went to the CAC and received a 7-0 in favor. No one else asked to be heard, thus the hearing was closed. Ms. Baldwin moved approval as presented. Her motion was seconded by Mr. Stephenson and a roll call vote resulted in all members voting in the affirmative with the exception of Mr. Maiorano, Mr. Odom and Mr. Gaylord who were absent and excused. The Mayor ruled the motion adopted on a 5-0 vote. See Ordinance 313 ZC 699.
REZONING Z-5-14 – MITCHELL MILL ROAD – HEARING – DENIED
This was a hearing to consider a request from Sanchez Brothers Masonry, Inc. to rezone approximately 1.05 acres located on the north side of Mitchell Mill Road east of its intersection with Louisburg Road from Residential-4 (R-4) to Industrial Mixed Use - three stores - Conditional Use (IX-3-CU) with conditions related to boundary fence and materials being stored at the rear of the property. (Z-5-14).
The Mayor opened the hearing.
Planner Travis Crane explained the request, existing and proposed uses, photos, the conditions presented, the future land use map, comprehensive plan analysis and inconsistencies with several land use issues. He stated the Planning Commission voted to deny. He explained that the current use on the property is a violation of the zoning code, the Planning Commission recommended 10-0 to deny and the case was not presented to the Forestville CAC.
Justin Eldreth representing the applicants indicated the Planning Commission had indicated that if someone would request retail zoning they would probably approve that but not now. He stated however this is not a contractor’s yard. There is no building or construction going on, he explained the surrounding area which is mostly commercial. How a road will come through the property at a future time. He stated he is requesting more time and asked the Council to hold it open as his client felt that they were in compliance.
Wally Alphin, 4254 Chellis Drive, representing his father stated he lives about 100 feet from this area. He is experiencing a lot of noise, dust and dirt, hears smashing in the middle of the night, etc. He stated they use a lot of equipment, heavy trucks going in and out as asked the council not to allow this commercial use.
No one else asked to be heard, thus the hearing was closed.
Mr. Crowder stated based on the Planning Commission’s recommendation and the young man’s request for denial he would move denial. His motion was seconded by Ms. Baldwin and put to a vote which resulted in all members voting in the affirmative except Mr. Odom, Mr. Maiorano and Mr. Gaylord who were absent and excused. The Mayor ruled the motion adopted on a 5-0 vote.
Mr. Stephenson stated in looking at this case, he would have to question why there was no transition from the center commercial on the north side and the small area plan. It was pointed out the plan was done in the 90s and the intensity of development probably was not the same as it is currently. Mr. Crane stated he would be glad to research pointing out however the plan is long standing with the City.
REZONING Z-9-14 – FRIENDLY DRIVE – HEARING – APPROVED
During the May 6, 2014 Council meeting, a hearing was held to consider a request from Trellis Enterprises, LLC to rezone approximately 0.2 acres at the southeast intersection of Friendly Drive and Hillsborough Street from Office and Institution-2 (O&I-2) with Special Residential Parking Overlay District (SRPOD) to Neighborhood Mixed Use-five stories-Urban General (NX-5-UG) with SRPOD. (Z-9-14)
It was agreed to hold the item for 30 days to allow the Citizens Advisory Council (CAC) an opportunity to comment on the case and place the item on the June 3, 2014 agenda.
Planner Travis Crane explained the case as presented at the May 6, meeting. He pointed out this is consistent with the future land use map, urban form map and there is no inconsistent policy. The Planning Commission recommends approval on a 10-0 vote and the Wade CAC voted 26-1-3 to approve. Ted Van Dyke talked about work to add conditions to make it similar to the case across the street and provide transparency. He stated a condition that indicates at least 25% of the units would be something other than 4 bedrooms have been added. Mike Reeder pointed out the Wade CAC voted unanimously in favor of the request. No one else asked to be heard thus the hearing was closed.
Mr. Crowder moved approval. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative except Mr. Odom, Mr. Maiorano and Mr. Gaylord who were absent and excused. See Ordinance 313 ZC 699.
REZONING Z-11-14 – TRYON ROAD – HEARING – CONTINUED UNTIL JUNE 17 MEETING
This was a hearing to consider a request from Camden Glen, LLC to rezone approximately four acres on the north side of Tryon Road at its intersection with Trailwood Hills Drive from Office and Institution-1 Conditional Use (O&I-1 CUD) with Special Residential Parking Overlay District (SRPOD) to Office Mixed Use - 4 stories - Parking Limited - Conditional Use (OX-4-PL-CU) with (SRPOD) with conditions dated May 13, 2014. (Z-11-14).
The Mayor opened the hearing. Planner Travis Crane explained the request, surrounding development, existing and proposed allowed uses, and pointed out the existing and proposed districts are very similar, talked about conditions, the fact that there is no urban form guidance for the property, presented photos of existing transit access and planned transit access pointing out this request is consistent with the future land use map and Comprehensive Plan policies. Planning Commission recommended 8-0 to approve and the Southwest CAC voted 17-4 for approval.
Attorney Isabell Worthy Mattox representing DHIC pointed out representatives of DHIC and JDavis Architects were present to answer questions. He stated every felt that the rezoning would address concerns of the UDO and site plan issues. She talked about conditions to protect the neighborhood to the north. She stated although not required they are offering buffers, talked about the parking spaces, open space, transit easement, etc. She stated when the case was presented to the Planning Commission there was an issue about transit easement location and whether it should be on Trailwood Hills Drive or Tryon; therefore they would like to modify conditions that would leave the location of the transit easement to the discretion of the City. She stated in addition, Mr. Crowder had asked about Green Frontage versus Parking Limited. She stated David Brown had discussed this city officials and Green Frontage would not give them the flexibility they need to do the development. She talked about the offer to preclude parking between the building and Tryon Road right-of-way and again asked that the item be continued until June 17 so that they could iron out the issues.
In response to questioning, Mr. Crane talked about the difference between Green Frontage and Parking Limited. David Brown talked about the three buildings proposed with one being approximately 15 feet from the Tryon Road right-of-way. He talked about the need for the limited parking condition relating to allowing them a deeper buffer.
Andy Petesch, Cameron Crossings, stated they agree with condition #7 and removal of the transit easement. He stated however they are concerned with a 0 foot setback that would be allowed under Parking Limited and the Green Frontage assures its consistency.
Sara Lynn Patterson, 310 Tryon Road had sent a letter opposing basically because of increased traffic and speeding. Her letter will become a part of the file.
The item will be continued until the June 17 meeting.
ADJOURNMENT
There being no further business, Mayor McFarlane announced the meeting adjourned at 10:45 p.m.
Gail G. Smith
City Clerk
jt/CC06-03-14
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