City of Raleigh | Council Minutes | February 20, 2001



COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session on Tuesday, February 20, 2001 at 1:00 p.m. in the City Council Chamber, Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 West Hargett Street with the following present:

Mayor Coble, Presiding

Mr. Odom

Mr. Congleton

Ms. Graw

Mr. Kirkman

Mr. Scruggs

Mr. Shanahan

Mr. West

Mayor Coble called the meeting to order. Invocation was rendered by Pastor Brad Ferguson, Crabtree Valley Baptist Church. The Pledge of Allegiance was led by Jordan Lull of Girl Scout Troop 169. The following items were discussed with action taken as shown.

RECOGNITION OF SPECIAL AWARDS

SPECIAL AWARD – PRESENTATION MADE

Mayor Coble explained the awards presentation process and presented an award to Mr. Elliott Myrnick who was recently appointed to the Convention Center Authority.

EXCHANGE STUDENT PROGRAM – COMPIEGNE FRANCE VISITORS

Mayor Coble recognized Ms. Gretchen Chapman who is currently hosting the Compiegne Exchange Student program. Ms. Chapman indicated the visitors are from Compiegne France and are part of the 3-year exchange program. The students receive a two week vacation in February in which they come to the United States and stay at individuals homes and our students will go over to France in April under the same arrangements. She explained they are having a very good time visiting the City of Raleigh.

CONSENT AGENDA

CONSENT AGENDA – APPROVED AS AMENDED

All items on the consent Agenda are considered to be routine and may be enacted by one motion. If a Councillor requests discussion on an item, the item will be removed from the consent Agenda and considered separately. The vote on the Consent Agenda will be a roll call vote. Mayor Coble indicated he had received a request for Mr. Odom and Mr. West to withdraw the item related to Storm Drainage Petitions – New Projects. No other requests were made. A motion was made by Mr. Odom to uphold the recommendation of the remaining items on the Consent Agenda. His motion was seconded by Mr. Scruggs and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted. The items on the Consent Agenda were as follows:

AUDIT CONTRACT EXTENSION – AUTHORIZE NEGOTIATIONS OF CONTRACT EXTENSION

The City is statutorily required to have a financial audit completed annually by an independent certified public accounting firm. The current audit contract with Deloitte & Touche LLP ended with the audit of the fiscal year ending June 30, 2000. The Finance Department recommends a one year contract extension with Deloitte & Touch LLP for the fiscal year 2001 audit period. This will allow the City to align a longer term contract to coincide with the implementation of GASB statement 34, effective fiscal year ended June 30, 2002.

Recommendation: Authorize City staff (Finance) to negotiate a one year extension of the current audit contract, not to exceed the normal 2% increase. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

PETITION ANNEXATIONS – VARIOUS – AUTHORIZE PUBLIC HEARING

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

|Centennial Ridge Apartments |Tyler B. Morris, |6.0 |Residential |

| |Centennial Ridge, LLC | | |

|Dunn Road, R-O-W Dedication |R.W. Mullins, Dunn Road |6.5 |Street R-O-W |

| |Associates and Wyndham | | |

| |Associates; David Faulk, | | |

| |PCF Falls, LLC; James | | |

| |Massengill, CP&L Company | | |

|Heigl Property / 3412 New Hope Road |Joseph L Heigl |.41 |Existing Residential |

|Satellite Petitions | | | |

|Conquest Drive LLC Property / 3701 Conquest Drive |T. Ed Bailey, Conquest |1.77 |Existing Commercial |

| |Drive, LLC | | |

|Springfield Subdivision |Mitch Huff, Crossmann |61.69 |Residential |

| |Communities of N.C., Inc.| | |

Recommendation:

a. That these annexation petitions be acknowledged and that Council request the City Clerk to check their sufficiency pursuant to State statutes, and except as noted below, if found sufficient, advertise for public hearings on Tuesday, March 20, 2001.

b. That the above Springfield Subdivision annexation petition be acknowledged and that the Council request the City Clerk to check its sufficiency pursuant to State statues and if found sufficient to advertise for public hearing on Tuesday, May 1, 2001 and that the Town of Rolesville be notified of this petition in accordance with our annexation agreement.

Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

REQUEST FOR PUBLIC HEARING - FP-2-2001 BEAVERDAM CREEK MAP REVISION – AUTHORIZE PUBLIC HEARING

Authorization of a public hearing is requested to consider floodmap revision FP-2-2001. This revision will reflect modifications to the floodway boundaries of the southwest and southeast prong of Beaverdam Creek due to the proposed replacement of four culverts.

Recommendation: Authorization of a public hearing on Tuesday, March 20, 2001. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

EASEMENTS - SANITARY SEWER EASEMENT EXCHANGE – INMAN PARK – RESOLUTION ADOPTED

A request has been received from John R. Lancaster, President of Gell, Inc., owner of Inman Park Subdivision, to exchange an existing 20-foot sanitary sewer easement located between lots 10 and 11 for a new 20-foot sanitary sewer easement to allow for future development. The property owner is responsible for all costs of the easement exchange.

Recommendation: That Council approve the easement exchange and authorize the City Clerk to advertise. Upheld on Consent Agenda Odom/Scruggs – 8 ayes. See Resolution 891.

CONTRACT AMENDMENT - PIGEON HOUSE CREEK – AGREEMENT #1 – APPROVED AMENDMENT AND BUDGETARY TRANSFER

The City currently has an agreement with Camp Dresser & McKee for the study of Pigeon House Creek. Amendment #1 of $99,750.00 is for additional engineering services to update and expand studies of water quality conditions in Pigeon House Branch.

Recommendation:

Approval of Amendment #1 and the budgetary transfers.

Transferred From:

655-8430-79001-975 Nonpoint Source Retention $99,750.00

Transferred To:

655-8248-79201-975 Pigeon House Creek $99,750.00

Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

CONTRACT AMENDMENTS - SOUTH PERSON/SOUTH BLOUNT STREET AREA – AMENDMENT #8 – APPROVE AMENDMENT AND ASSOCIATED TRANSFER

The City currently has an agreement with Reynolds and Jewell, for design services and construction administration for the South Person/South Blount Street area for $34,500. Amendment #8 of $29,500 is for additional work for the South Person Street/Blount Street area.

Recommendation: That Council approve Amendment #8 and the associated transfer.

Transferred From:

505-8862-79001-975 Capital Projects $29,500.00

Blount St Redevelopment

Transferred To:

710-8050-79201-975 Design/Planning $28,500.00

Downtown St Scapes

710-8050-79305-975 Reimbursables 1,000.00

$29,500.00

Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

PERSONNEL CHANGES - POSITION RECLASSIFICATION – COMMUNITY SERVICES – APPROVED

Due to the current responsibilities of the Labor Supervisor position (#001456) at Cornerstone Transitional Housing Facility, it is requested that the job title be changed to Human Resources Counselor II. The Personnel Department has reviewed this request and concurs. There is no change in pay grade required.

Recommendation: That Council approve this reclassification. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

ENCROACHMENT REQUEST – 1305 POOLE ROAD – APPROVE ENCROACHMENT

A request has been received from Papa John’s USA, Inc. to encroach on City right-of-way for the purpose of installing landscaping and pavement for travel lane. A report is included in the agenda packet.

Recommendation: That Council approve the encroachment subject to the condition as set forth in the administrative report. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

BUDGET AMENDMENTS – VARIOUS – ORDINANCE ADOPTED

The agenda presented the following recommended budget amendments.

Central Engineering - $117,317.74 - For right-of-way funding for the Buffaloe Road widening project.

Fire Department - $455.00 – To accept donations for the Fire Department Honor Guard.

Public Utilities - $10,632.75 – To provide funds to reimburse Whitewood Properties payments on Neuse Crossing past due accounts.

Transportation Department - $3,509,992.00 – To establish the Federal Transit Administration Section 5307 Capital Grant for purchasing replacement buses and equipment. This fund was approved in FY 00-01 Capital Improvement Program. The City shares 20% of preventive maintenance, 8.5% of buses, and 10% of other items. City funds are available in account 525-8420-79001-975.

Recommendation: Approval of budget amendments as outlined. Upheld on Consent Agenda Odom/Scruggs – 8 ayes. The Mayor ruled the motion adopted. See Ordinance 947TF37.

CONDEMNATION – FALLS OF NEUSE SOUTH (PART A) – RESOLUTIONS ADOPTED

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

Name: Walton Family Limited Liability Company

Location: 8299 Falls of Neuse Road

Name: John T. Archer Trustee, Etal

Location: 8400 Falls of Neuse Road

Name: Bryan Upchurch and Mildred M. Upchurch

Location: 8201 Honeycutt Road

Name: Henry F. Bergdolt

Location: 8206 Falls of Neuse Road

Name: Elmore C. Stott and Nellie G. Stott

Location: 7720 Fiesta Way

Upheld on Consent Agenda Odom/Scruggs – 8 ayes. The Mayor ruled the motion adopted. See Resolutions 892, 893, 894, 895 and 896.

CRABTREE CREEK GREENWAY TRAIL BRIDGES, SECTION II – CHANGE ORDER #1 – REA CONSTRUCTION - APPROVED

This change order is for an increase of $21,166.08.

Reason:

After review of construction details for two of the four Crabtree Creek Alleghany Extension Greenway Trail bridges, it is recommended that design/engineering changes be made. These changes will provide a more functional design addressing handrail, bridge truss and bridge floor heights. These changes will produce a bridge that is more consistent with existing greenway bridges.

History:

Original Contract Amount $408,000.00

New Contract Amount $429,166.08

Recommendation: Approval. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

CRABTREE PARALLEL, PHASE IV PROJECT – CHANGE ORDER #3 – PARK CONSTRUCTION, INC. - APPROVED

This change order is for a net increase of $40,877.90.

Reason:

For final adjustment to quantities for the Mitchell Mill Road Water Main Extension Project.

History:

Original contract amount $1,050,459.32

Previous net changes (ADD) $ 296,955.49

New contract amount $1,388,292.71

Budgetary Accounts to be Amended:

Budgetary accounts to be handled administratively.

Recommendation: Approval. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

SANDY CHASE/EVANS MILL PROJECT – CHANGE ORDER #3 – BILLINGS & GARRETT, INC. - APPROVED

This change order is for a net increase of $155,226.73.

Reason:

For relocation of a 24-inch water main in Durant Road due to City road project.

History:

Original contract amount $627,924.30

Previous net changes (ADD) $ 72,664.39

New contract amount $855,815.42

Budgetary Accounts to be Amended:

Transferred From:

342-8337-79001-975 Thoroughfare Mains $155,226.73

Transferred To:

342-8691-79202-975 Sandy Chase/Evans Mill $155,226.73

Recommendation: Approval. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

STORMWATER DRAINAGE PETITION PROJECTS – PW 1999-17 – CHANGER ORDER #2 – WILLIAM J. KELLER & SONS CONSTRUCTION CORPORATION - APPROVED

This change order is for an increase of $56,628.00

Reason:

To adjust quantities of original bids, additional items needed to complete previously approved construction and to add petition at 303 Bragg Street.

History:

Original contract amount $512,435.00

Previous net changes (ADD) $ 26,947.80

New contract amount $596,010.80

Budgetary Accounts to be Amended:

Transferred From:

655-8697-79001-975 Bragg Street $29,303.00

655-8429-79001-975 SW Systems Repair 27,325.00

$56,628.00

Transferred To:

655-8087-79202-975 Drainage Projects $56,628.00

Recommendation: Approval. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

TRANSFERS – VARIOUS – ORDINANCE ADOPTED

The agenda recommended transfers in the Departments of Administrative Services, Central Engineering, Fire, Public Utilities and Solid Waste Services. The agenda outlined codes involved and the reasons for recommended transfers.

Recommendation: Approval of transfers as outlined. Upheld on Consent Agenda Odom/Scruggs – 8 ayes. See Ordinance 947TF37.

BID - FIRING RANGE TURNING TARGET SYSTEM – BID AWARDED TO BLACKWATER TARGET SYSTEMS

Two bids were received for the purchase of one Firing Range Target System for the Police Department. Blackwater Target Systems submitted the low bid of $64,937.00. Action Target submitted a higher bid without the required Bid Bond.

Recommendation: That the low bid be accepted. Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

BID - 2000 HP VERTICAL PUMP MOTOR AT E. M. JOHNSON WATER TREATMENT PLANT – BID AWARDED TO ELECTRIC MOTOR SHOP

Bids were received on January 11, 2001 to purchase a spare 2000 HP Vertical Pump Motor at the E. M. Johnson Water Treatment Plant with Electric Motor Shop submitting the low bid in the amount of $156,450.

Contractor Base Bid Manufacturer Motor Efficiency

Electric Motor Shop $156,450.00 US Electric Motor 95.1

Electric Motor Shop $193,815.00 TECO-Westinghouse 94

Electric Motor Shop $236,250.00 Electric maghinery 94.5

Recommendation: That Council approve the low bid of Electric Motor Shop in the amount of $156,450 (transfer to be handled administratively). Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

BID - RESURFACING CITY STREETS PW 2001-2 – ADJUSTED BID AWARDED TO REA CONSTRUCTION COMPANY

Bids were received for resurfacing 204 city system streets for a total of 49.28 miles. Rea Construction Company submitted the low bid in the amount of $3,215,506.86. The MWBE participation is 15.1% of the total contract amount.

CONTRACTOR BID TOTAL

REA Construction Company $2,972,744.76

Gelder and Associates $3,401,215.75

Barnhill Contracting $3,468,883.76

Blythe Development $3,870,313.70

S. T. Wooten $4,369,314.65

The low bid exceeds available funding with a shortfall of approximately $243,000. Increased asphalt prices and costs for pavement repairs/patching are the major contributing factors.

The contract scope may be adjusted to 168 streets (41.0 miles) with a contract amount of $2,972,744.76 and be within funding parameters.

As requested by the City Council, information on MWBE participation by the second low bidder is included in the agenda packet.

Recommendation: Approve the low bid of Rea Construction Company at an adjusted contract amount of $2,972,744.76 and appropriate budget transfers.

Transferred From:

525-8378-79001-975 Resurfacing 00/01 $2,800,000.00

515-8002-79001-975 ADA Curb Ramps 122,044.40

100-2610-70890-227 Contract Services 50,700.36

$2,972,744.76

Transferred To:

525-8378-79202-975 Resurfacing 00/01 $2,972,744.76

Upheld on Consent Agenda Odom/Scruggs – 8 ayes.

BID - SHAW SANITATION SERVICES, INC. – RESIDENTIAL WASTE COLLECTION SERVICE AND DISPOSAL CONTRACT FOR HEDINGHAM, ROGERS LANE CORRIDOR AND PARRISH MANOR – BID AWARDED TO SHAW SANITATION SERVICES, INC.

The City desires to contract with Shaw Sanitation Services to provide solid waste, yard waste, and recyclables collection and disposal for the Hedingham, Rogers Lane corridor area and Parrish Manor Mobile Home Park beginning July 1, 2001 and terminating June 30, 2004.

Proposals were solicited and three were received as follows:

Rogers Lane Hedingham Parrish Manor

Reliable Sanitation $12.25 $ 9.75 $ 5.25

Shaw Sanitation $15.50 $14.50 $ 5.75

Republic Waste Svcs $29.24 $26.24 $10.68

Waste Industries and Waste Management submitted non-responsive bids.

While Reliable Sanitation submitted the lowest proposal, Solid Waste Services has reservations in awarding them the contract. They are a very small company and do not have experience providing the type of service required or in servicing this number of customers. Furthermore they are using dump trucks as they do not have specialized collection vehicles. Therefore, it is recommended the City contract with Shaw Sanitation, Inc., the next responsible lowest bidder.

Recommendation: That Council authorize the City to contract with Shaw Sanitation Services, Inc. for the period of July 1, 2001 through June 30, 2004.

TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED

The agenda presented recommended changes in the traffic code relating to a speed limit reduction in various locations, no turn on red northbound Boylan Avenue at Morgan Street and stop sign control at Old Poole Road and New Hope Road extension.

Recommendation: Approval of changes as outlined. Upheld on Consent Agenda Odom/Scruggs – 8 ayes. See Ordinance 943.

END OF CONSENT AGENDA

STORM DRAINAGE PETITIONS – NEW PROJECTS - APPROVED; 4513 HOLLIROSE PLACE – HELD UNTIL NEXT MEETING

Property owner petitions have been received and certified for review and consideration of storm drainage petition projects. Included is the petition for 2520 York Road, which was approved for consideration by Council at the November 7, 2000 meeting. The total estimated cost is $198,375.00 with the City budget impact estimated at $170,486.00.

Listed below in priority order are the ten projects for Council review.

Total Budget

Petition Cost Impact

2600 Broadlands Dr $ 15,000.00 $ 14,374.00

4513 Hollirose Pl $ 62,750.00 $ 59,810.00

2520 York Rd $ 8,225.00 $ 4,113.00

4918 Lakemont Dr $ 20,300.00 $ 19,630.00

4914 Lakemont Dr $ 26,900.00 $ 26,010.00

1516 Delmont Dr $ 8,600.00 $ 5,800.00

6916 Baywood Dr $ 8,900.00 $ 8,619.00

4621 Bayspring Ln $ 5,300.00 $ 3,680.00

2115 Weybridge Dr $ 7,700.00 $ 5,200.00

3801 Woodowl Dr $ 34,700.00 $ 23,250.00

$198,375.00 $170,486.00

The property owners at 2600 Broadlands Dr., 4513 Hollirose Pl., 4918 Lakemont Dr., 4914 Lakemont Dr., and 6916 Baywood Dr. have requested the installment financing plan option. The owners of 2520 York Rd. and 3801 Woodowl Dr. have requested reimbursement upon completion of their projects.

Recommendation: Council consideration of the ten projects and authorization of the appropriate budget adjustments if approved.

Transferred From:

655-8087-79001-975 Drainage Projects $ 56,859.52

655-8087-79290-975 Drainage Projects 1,300.00

655-8502-70890-975 Oakwood Cemetery 4,500.00

655-8502-70890-975 Oakwood Cemetery 7,705.00

655-8502-79202-975 Oakwood Cemetery 60,095.00

655-8502-79499-975 Oakwood Cemetery 760.96

655-8721-79001-975 Oxford Rd 7,865.52

655-8808-79001-975 Plumbridge Dr 31,400.00

$170,486.00

Transferred To:

655-8905-79001-975 Broadlands Dr $ 14,374.00

655-8906-79001-975 Hollirose Pl 59,810.00

655-8907-79001-975 York Rd 4,113.00

655-8908-79001-975 Lakemont Dr 19,630.00

655-8908-79001-975 Lakemont Dr 26,010.00

655-8909-79001-975 Delmont Dr 5,800.00

655-8910-79001-975 Baywood Dr 8,619.00

655-8911-79001-975 Bayspring Ln 3,680.00

655-8377-79001-975 Weybridge Dr 5,200.00

655-8912-79001-975 Woodowl Dr 23,250.00

$170,486.00

Increase Revenue:

655-8905-53121-000 Broadlands Dr $ 626.00

655-8906-53121-000 Hollirose Pl. 2,940.00

655-8908-53121-000 Lakemont Dr 670.00

655-8908-53121-000 Lakemont Dr 890.00

655-8909-53121-000 Delmont Dr 2,800.00

655-8910-53121-000 Baywood Dr 281.00

655-8911-53121-000 Bayspring Ln 1,620.00

655-8377-53121-000 Weybridge Dr 2,500.00

655-8871-53121-000 Cumberland Plain Dr 3,780.00

$ 16,107.00

Increase Expense:

655-8905-79001-975 Broadlands Dr $ 626.00

655-8906-79001-975 Hollirose Pl. 2,940.00

655-8908-79001-975 Lakemont Dr 670.00

655-8908-79001-975 Lakemont Dr 890.00

655-8909-79001-975 Delmont Dr 2,800.00

655-8910-79001-975 Baywood Dr 281.00

655-8911-79001-975 Bayspring Ln 1,620.00

655-8377-79001-975 Weybridge Dr 2,500.00

655-8871-79001-975 Cumberland Plain Dr 3,780.00

$ 16,107.00

Mr. Odom indicated he requested this item be withdrawn from the Consent Agenda to discuss 4513 Hollirose Place as he is of the understanding the adjacent homeowner is being injured by the financing of this project. He ask that 4513 Hollirose Place be held until the next agenda and moved approval of the remaining items. His motion was seconded by Mr. Kirkman and put to a vote that resulted in all members voting in the affirmative. The Mayor ruled the motion adopted.

REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

PLANNING COMMISSION CONSENT AGENDA – APPROVED AS AMENDED

Mayor Coble presented the Planning Commission Consent Agenda indicating all items are considered to be routine and maybe enacted by one motion. If a Councilor request discussion on an item, the item will be removed from the Consent Agenda and considered separately. Mayor Coble indicated he has received the following requests to withdraw items from the Planning Commission Consent Agenda: TC-8-01 (Odom); TC-1-01 (Coble); Z-16-01 (Odom/Kirkman); SP-152-00 (Scruggs/West). Without objection those items were withdrawn from the Planning Commission Consent Agenda. Mr. Odom moved the remaining items on the Planning Commission Consent Agenda be upheld as recommended. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted. The items on the Planning Commission Consent Agenda were as follows:

TEXT CHANGE-9-00 – GYMNASTICS CENTERS – ORDINANCE ADOPTED

This request is to revise the parking requirements for gymnastics centers from one parking space per 100 square feet to one parking space per 3 students.

CR-10200 from the Planning Commission recommends that this text change be approved as revised; eliminating “gymnastics centers” from the parking schedule and defining them exclusively as “Specialty Schools”, thereby requiring one parking space per 3 students @ peak enrollment.

Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes. See Ordinance 946TC203.

TEXT CHANGE-13-00 – MANUFACTURED HOUSING – ORDINANCE ADOPTED

This request is to revise the carport setback requirements within manufactured housing parks and to allow the on-site sale of manufactured homes for use within the manufactured park.

CR-10201 from the Planning Commission recommends that this request be approved. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes. See Ordinance 948TC204.

STATE ENABLING LEGISLATION – TREE PRESERVATION – COUNCIL TO REQUEST LEGISLATION AMENDMENT

This request is that the North Carolina General Assembly approve expanded authority for Raleigh to regulate the removal of trees from private property.

CR-10203 from the Planning Commission recommends that the City Council request the General Assembly to amend 1985 Sessions Law 556 to allow greater flexibility to protect trees. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes.

REZONING Z-75(C)-99 – MITCHELL MILL ROAD – WAIVER REQUEST OF THE TWO-YEAR WAITING PERIOD - APPROVED

This is a request for a waiver of the two-year waiting period to permit the property owner to file a rezoning petition for the May 2001 zoning hearing.

CR-10204 from the Planning Commission recommends that this request be approved. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes.

REZONING Z-104-00 – OLD WAKE FOREST ROAD, WEST SIDE, SOUTH OF TOWNSHIP CIRCLE - CONDITIONAL USE - DENIED

This request is to rezone approximately 9 acres, currently zoned Residential-6 (5.2 acres) and Office & Institution-1 (3.8 acres). The proposal is to rezone the property to Office & Institution-1 Conditional Use.

CR-10205 from the Planning Commission recommends that this request be denied. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes.

REZONING Z-2-01 – OAK FOREST DRIVE, NORTH SIDE, WEST OF CAPITAL BOULEVARD, CONDITIONAL USE – ORDINANCE ADOPTED

This request is to rezone approximately 11.756 acres, currently zoned Residential-6 (10.47 acres), Conservation Management (0.62 acre) and Industrial-1 (0.67 acre). The proposal is to rezone the property to Industrial-1 Conditional Use.

CR-10206 from the Planning Commission recommends that this request be approved in accordance with conditions dated February 8, 2001. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes. See Ordinance 942ZC494.

REZONING Z-7-01 - SPRING FOREST ROAD, SOUTH SIDE, WEST OF QUAIL RIDGE ROAD - CONDITIONAL USE – ORDINANCE ADOPTED

This request is to rezone approximately 4.486 acres, currently zoned Residential-6 and Residential-10. The proposal is to rezone the property to Residential-10 Conditional Use.

CR-10207 from the Planning Commission recommends that this request be approved in accordance with conditions dated February 8, 2001. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes. See Ordinance 942ZC494.

REZONING Z-14-01 – BLUE RIDGE ROAD AND FOREST VIEW ROAD, NORTHWEST INTERSECTION - CONDITIONAL USE – ORDINANCE ADOPTED

This request is to rezone approximately .6 acre, currently zoned Residential-4. The proposal is to rezone the property to Office & Institution-1 Conditional Use

CR-10208 from the Planning Commission recommends that this request be approved in accordance with conditions dated February 5, 2001. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes. See Ordinance 942ZC494.

SITE PLAN SP-221-00 – THE METROPOLITAN - APPROVED

This request is to approve 62 dwelling (1,2 and 3 bedroom) units in a 127,103 square foot, 92.6’ high residential building with underground parking on a 1.53 acre site, zoned Industrial-2 with Downtown Residential Housing Overlay. The proposed residential density is 40.52 units per acre.

CR-10211 from the Planning Commission recommends that this request be approved with conditions. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes.

STREET NAME CHANGE – SNC-1-01 - LUMLEY ROAD – RESOLUTION ADOPTED - EFFECTIVE FEBRUARY 28, 2001

This request is to approve a street name change of Lumley Road to Arnold Palmer Drive, pursuant to standard Procedure 900-9(D) regarding 100% property owner approval of non-duplicative street name.

CR-10212 from the Planning Commission recommends that the name Lumley Road be changed to Arnold Palmer Drive; This item be forwarded to City Council for adoption; and, That this name change be made effective February 28, 2001. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes. See Resolution 897.

STREET NAME CHANGE SNC-6-99 – WOODLAWN COURT – PUBLIC HEARING FEBRUARY 22, 2001

This request is to approve a street name change of Woodlawn Court to Lawn Court, pursuant to standard Procedure 900-9(D) regarding less than 100% property owner approval of non-duplicative street name.

CR-10213 from the Planning Commission recommends that the name Woodlawn Court be changed to Lawn Court; This item be forwarded to City Council for authorization of public hearing to be held February 20, 2001; and, That this name change be made effective July 1, 2001. Planning Commission recommendation upheld on Consent Agenda Odom/Kirkman – 8 ayes. See Resolution 887.

END OF PLANNING COMMISSION CONSENT AGENDA

TEXT CHANGE TC-8-01 STORMWATER DISCHARGE AND STREAM BUFFER REGULATIONS – REFERRED TO FEBRUARY 20, 2001 COUNCIL MEETING

Amends the Code to meet the standards required by the State as part of the Neuse River Basin Nutrient Sensitive Waters Management Strategy. A new chapter will be added to Part 10 to include state requirements for water quality and peak runoff discharge, and to consolidate City stormwater and stream buffer regulations. A stormwater design manual containing specifications and detailed designs for stormwater treatment, including site design standards, will be included in the Code by reference.

CR-10199 from the Planning Commission recommends that this text change be held at the City Council, and upon final approval by the State Environmental Management Commission, the text change and accompanying stormwater design manual with any required modifications be approved.

Mr. Odom indicated he withdrew this item as he would like some additional study time and would ask this item be held over to the next Council meeting. There were no objections and the item was held.

TEXT CHANGE TC-1-01 – CONDITIONAL USE REZONING PROCESS – REFERRED TO COMPREHENSIVE PLANNING COMMITTEE

This request is to amend the Zoning Code to require a meeting between the applicants of conditional use rezoning cases and the adjacent property owners to take place a minimum of 6 weeks prior to the date of the scheduled public hearing.

CR-10202 from the Planning Commission recommends that this text change be approved, as revised.

Mayor Coble indicated he withdrew this item from the Planning Commissions Consent Agenda and would like to see this item referred to Comprehensive Planning Committee. Without objection the item was referred.

REZONING Z-16-01 – ATHENS DRIVE, NORTH SIDE, OPPOSITE ATHENS DRIVE HIGH SCHOOL, SOUTH OF SWALLOW DRIVE - CONDITIONAL USE REFERRED TO COMPREHENSIVE PLANNING COMMITTEE

This request is to rezone approximately 10.47 acres, currently zoned Residential-4. The proposal is to rezone the property to Residential-6 Conditional Use.

CR-10209 from the Planning Commission recommends that this request be denied.

Mr. Kirkman indicated he withdrew this item from the Planning Commission Consent Agenda and would like to refer this item to the Comprehensive Planning Committee. Without objection the item was referred.

SITE PLAN - SP-152-00 – KROGER SHOPPING CENTER – REFERRED TO COMPREHENSIVE PLANNING COMMITTEE

This request is to approve a 66,628 square foot shopping center on a 8.7 acre site, zoned Shopping Center Conditional Use. This site is located within 400 feet of a residential zoning district.

CR-10210 from the Planning Commission recommends that this request be denied.

Mr. West indicated he and Mr. Scruggs withdrew this item from the Planning Commission Consent Agenda and would like to have the item referred to the Comprehensive Planning Committee. Mr. Congleton suggested it maybe more appropriate to send this item back to the Planning Commission. He indicated the petitioner has indicated they are not willing to change the three items and Council does not have the authority to change them. Mayor Coble indicated this item is a site plan and does need some further discussion and suggest it be dealt with at the Council level. Mr. Odom indicated he agreed. Mr. Congleton indicated he would agree the item be referred to the Comprehensive Planning Committee. Mayor Coble pointed out he and Mr. Hunt have discussed this item and Mr. Hunt had indicated there were two to three items that need to be changed to meet Code requirements. If these items are delineated the Council can focus on these specifics. He indicated if there were no objections the item would be referred to Comprehensive Planning Committee. Without objection the item was so referred.

SPECIAL ITEMS

PROSPECT, FULLER AND MORING STREETS – IMPROVEMENTS – REFERRED TO BUDGET WORK SESSION

At the February 6, 2001, Council meeting, Administration recommended that further consideration should be given to making improvements to Prospect, Fuller and Moring Streets. At the request of the Mayor it was agreed that this item be placed on this agenda for consideration. Additional information is included in the agenda packet.

Mayor Coble indicated that he would like to have this item referred to Budget Work Session. There were no objections and the item was referred.

SIX FORKS ROAD/ANDERSON DRIVE – INTERSECTION IMPROVEMENTS – REFERRED TO BUDGET WORK SESSION

At the February 6, 2001, Council meeting, the Public Works Committee recommended that Council propose to the NC State Department of Transportation to close the existing right-turn ramp and construct an exclusive right-turn lane at the signalized intersection of Six Forks Road and Anderson Drive; and, for Administration to look at funding options for the $175,000 cost involved in making the improvements. As an interim measure, the Committee recommended the use of “bollards” as a speed control mechanism. At the request of the Mayor it was agreed this item be placed on this agenda for further consideration.

Mayor Coble indicated he would like to refer this item to Budget Work Session. There were no objections and the item was referred.

REPORT AND RECOMMENDATION OF THE CITY MANAGER

BUFFALOE ROAD ATHLETIC PARK – FIRE STATION - APPROVED

The City’s adopted Capital Improvements Program provides for a fire station to be built in the northeast section of the City. The Buffaloe Road Athletic Park facility is in precisely the area where a new fire station is required. Our fire station design consultant has worked with Kimley-Horn, the park design consultant and concluded that a fire station can fit well onto this site. A plan showing this site is included in the agenda packet. Previous experience with fire stations in close proximity to parks has proven to be an asset.

Recommendation: To amend the Buffaloe Road Athletic Park plan to provide approximately 1-½ acres of land in the northwest corner of this 167-acre park for a fire station site.

Mr. Kirkman indicated this action will take land out of the park and questioned how it will effect the conceptual Master Plan. Ms. Carter explained the site is located in the northwest corner of the park adjacent to the maintenance facility, and the consultant feels this is an ideal place with no negative effects. Mr. Odom indicated he agrees; this site is located on the corner and has been discussed before. Mr. Kirkman stated having a fire station next to a park could be a perfect marriage and program.

A motion was made by Mr. Odom to approve this request as presented. His motion was seconded by Mr. Scruggs and put to a vote which resulted in all members voting in the affirmative.

SOLID WASTE SERVICES VEHICLES - APPROVED

This is a proposal to proceed to purchase three solid waste service vehicles that would be needed to serve the areas proposed to be annexed June 30, 2001. The service will need to begin immediately and these vehicles will be needed as soon as possible.

In the event the proposed annexation is not approved, three vehicles would be scheduled to be ordered as part of the regular replacement vehicle program in the 2001-2002 budget and these vehicles ordered now would be used as those replacements. It is proposed to purchase two rear loaders and one recycling vehicle. Also, purchasing these vehicles now will save $10,440 over next year’s prices.

Transferred From:

251-0000-72099-000 Equipment Fund Resv $348,000.00

Transferred To:

251-5032-7506-465 Equipment Fund $348,000.00

Recommendation: Approval. A motion was made by Mr. Odom to approve this request as presented. His motion was seconded by Mr. Scruggs and put to a vote that resulted in all members voting in the affirmative.

ALTERNATIVE FUEL TRANSIT VEHICLES - STATUS REPORT – APPROVAL TO BID; DEVELOP TECHNICAL AND FUNDING PLAN

At the June 6, 2000 Council meeting, staff was directed to seek and submit grants to fund the extra costs for approximately 20 compressed natural gas (CNG) fuel buses. The additional costs are estimated at $1.9 million ($830,000 for CNG engines, $750,000 for a fast fueling station, and $300,000 for garage modifications). Based on staff work to this point, it does not appear that sufficient or timely grant funding is available to offset the shortfall. The buses are replacement units with high mileage, purchased in the 1988-89 time frame, and are reaching the end of their economic life cycle. Feedback continues to indicate a rapid evolution in alternate fuel technology, particularly in the area of hybrid electric battery and clean diesel fuels, and options other than CNG may become available. A report is included in the agenda packet.

Recommendation:

1. Approval to bid buses presently funded using current diesel engine specifications with added provisions to optimize air quality benefits by using low sulfur diesel and/or kerosene fuels.

2. Staff to develop a feasible technical and funding plan using the best available low engine emission and/or alternative fuel technology meeting the 2004 State air quality program/standards for the next purchase cycle of new and replacement busses beginning in FY 02-03.

A motion was made by Mr. Odom to approve the request as recommended by staff. His motion was seconded by Mr. Scruggs and put to a vote which resulted in all members voting in the affirmative.

REPORT AND RECOMMENDATION OF THE GREATER RALEIGH CHAMBER OF COMMERCE – REFERRED TO BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

The FY 2000-2001 Second Quarter Report for the City of Raleigh Economic Development Program is in the agenda packet. John Church of the Chamber of Commerce will make a brief presentation and be available to address questions or comments.

Mayor Coble indicated that without objection this item would be received as information and referred to the Budget and Economic Development Committee. There were no objections and the item was referred.

REPORT AND RECOMMENDATION OF RALEIGH APPEARANCE COMMISSION – RECEIVED AS INFORMATION

The 2000 Annual Report of the Raleigh Appearance Commission is in the agenda packet. Charlie Madison, Commission Chair, will make a short presentation on the annual report, and the commission’s proposed work program for 2001.

Charlie Madison indicated he was accompanied by Mr. Bryan Starkey and George Young. He explained that Raleigh is growing at a time where there are some great architectural and urban models in place. There is a chance to visit many of the issues that are surrounding Raleigh at this time. He indicated he has traveled to cities that are having to make up for a number of mistakes that were made in the 70’s and 80’s, and this is a wonderful opportunity for Raleigh to take advantage of their experience. As a reminder, the Appearance Commission is offering free technical advice on design and appearance issues. They are not there to provide service to developers or as a stumbling block, but to provide an even-handed review and questioned whether there was anything on the work plan or not on the work plan the Council would like for them to look at.

Issues were discussed that were included in the work plan including the Glenwood Avenue/Wade Avenue Bridge and the arena small area plan in which an amendment was suggested by Mayor Coble that the Commission provide a “recommendation” to the City’s Comprehensive Plan. Mr. Madison indicated that amendment would not be a problem. Further issues were discussed regarding the clarification of right-of-way standards with Ms. Graw pointing out she was happy the Appearance Commission is going to be on top of this issue. She indicated there has been a considerable amount of frustration on behalf of all parties and questioned whether Mr. Madison saw an opportunity to work with everyone involved in this issue. Mr. Madison explained the City Council has appointed an ex-officio member of Carolina Power and Light to the Appearance Commission and they now feel they have direct dialogue with these folks. Much of the problem lie within the rules and guidelines that have been set forth. He feels there have been some things drafted in regards to technology that may assist in this matter. Mayor Coble pointed out the way to do this is to continue to work with the liaison. Mr. Madison indicated this is still in the early stages and they will be looking for guidance from the City Council. Carolina Power and Light also has some legal concerns and the simple fact is things cost more to put underground, and the fact that Raleigh is growing is creating some of these issues.

Mayor Coble indicated he felt his answers are right on target and when the issues of money and expenditures are dealt with they should be dealt with at the Council table.

Mr. Madison pointed out Raleigh has its own personality and is a good place to do business and for development to happen. Development will occur and the question is how do you want it to occur. There is a need to have something that the Council is happy with. He indicated they will certainly try to stay out of the arguing and grumbling and simply provide expertise to the Council. These are issues that have become very important in the last few years because of the growth of Raleigh. Mr. Madison indicated he would also like to recognize Mr. Frank Baird.

REPORT AND RECOMMENDATION OF THE CONVENTION CENTER COMMISSION CHAIR – REFERRED TO NEXT COUNCIL MEETING

Mayor Coble indicated this item would be referred to the next meeting of Council.

REPORT OF MAYOR AND COUNCIL MEMBERS

GORMAN STREET SPEED LIMIT - COMPLIMENTS RECEIVED

Mr. Kirkman indicated he would like to extend a thank you to staff as he has been receiving a number of compliments related to the crosswalk and signage for the greenway crossing on Gorman Street. He indicated traffic is slowing down as they realize there is a reason to lower the speed limit.

PROPOSED TEXT CHANGE – DAY CARE CENTERS – REFERRED TO COMPREHENSIVE PLANNING COMMITTEE

Mr. Kirkman indicated the City Attorney has presented a draft ordinance related to a change in the zoning code for day care centers and he would like this item to be assigned to the Comprehensive Planning Committee. Without objection the Mayor referred this item to Comprehensive Planning Committee.

BTI PERFORMING ARTS CENTER – GRAND OPENING

Mr. Kirkman indicated he was looking forward to this evening with great anticipation. He has been receiving comments from the State about how lucky Raleigh is to have such a facility and hope everyone enjoys this evening as though they were going through their first romance.

POOLE ROAD AND MAYBROOK AVENUE – TRAFFIC SIGNAL – REFERRED TO ADMINISTRATION

Mr. West asked that the traffic signal at Poole Road and Maybrook Avenue at the entrance of Eagle Chase subdivision be referred to Administration. There were no objections.

PARKING – 600 N. PERSON STREET – REFERRED TO BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

Ms. Graw indicated in response to comments from business owners in the area of 600 N. Person Street there appears to be a need for parking and is a paramount issue with small business owners. Two of the property owners in the area have gone to the Board of Adjustment related to parking matters. She asked that Administration review the parking needs of the N. Person Street area and specifically look at the block of 600 N. Person Street. She asked that this item be referred to Budget and Economic Development Committee. Mayor Coble indicated without objection the item would be referred to Budget and Economic Development Committee.

FAIRGROUNDS AREA FLEX SPACE/PARKING – BLUE RIBBON PANEL – REFERRED TO BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

Ms. Graw indicated in regard to the Fairgrounds area flex space parking matter, in a briefing with Scott Phipps, she understands he will be looking at the State Fairgrounds and what is going on around it. She feels it is timely to take this matter up and see what the City’s participation is in the Blue Ribbon panel. This is a possible park site and would complement the horse complex. She asked that this item be referred to Budget and Economic Development Committee. Without objection the Mayor indicated this item would be looked at in conjunction with the item currently in the Budget and Economic Development Committee.

CLOSED SESSION MEETING

Mayor Coble made a motion to enter into close session pursuant to NCGS 143-318.11(a)(6) to consider the qualifications and conditions of appointment of a potential public officer. His motion was seconded by Mr. Odom and put to a vote that resulted in all members voting in the affirmative.

At 2:40 p.m. Mayor Coble and the members of Council returned to open session indicating the closed session meeting was held to discuss of personnel issues.

REQUEST AND PETITIONS OF CITIZENS

DEMOLITION OF PROPERTY – 824 CUMBERLAND STREET – ORDINANCE ADOPTED EFFECTIVE IN 60 DAYS

Bill Manuel, 3611 Baugh Street, representing New Canaan Full Gospel Baptist Church, requests an extension of time for demolition of property at 824 Cumberland Street to allow additional time to complete the process of moving the dwelling to a new location.

Mr. Manuel explained he has a ministry at New Canaan Full Gospel Baptist Church and is requesting an extension of time to move the dwelling to a new location. Mr. Manuel indicated he feels everyone should have the opportunity to own property and to own a home. They have a program in which they go through redevelopment areas and single out properties to renovate. They have done approximately 10 projects within this program. He indicated the property at Cumberland Street has been a problem since day one. He indicated going through the planning process resulted in a subdivision of the property. During the inspection of the property the house was found to be unfit and had to be boarded up. During this process and while waiting for a number of things to occur, they applied for their building permit and was ultimately told they needed a site plan. He indicated they also had a large tree on the property cut down and when they went to dig the footings for the house the adjacent property owner indicated they did not want the house so close their property so they had to shift this over by 2 feet. The adjacent property owner called the Inspections Department and it subsequently resulted in a number of delays. There are a number of soft spots in the property and they ultimately have had to retain the services of an engineer to resolve these problems as well as their were gas lines that needed to be looked at. Mr. Manuel indicated he feels they are going to need an additional 60 days to complete this process. The house has been securely boarded up and has been roped off.

Acting Inspections Director Ellis indicated they have looked at the property and the house was open as of that morning and one could gain access to the house. He indicated a permit was issued in 2000 to move the house. Inspectors looked at the house in May and June of 2000 and in January of 2001. He pointed out the footings have not been poured and the house has a significant amount of structural damage. The house has to be moved approximately 30 feet. He pointed out the footings have been dug but not poured.

Mr. Manuel indicated the amount of rainfall has been a problem and it hindered their efforts. Mayor Coble questioned how long he felt he needed to move the dwelling with Mr. Manuel explaining he feels 60 days would provide adequate time.

Mr. West questioned where is Mr. Manuel’s church with Mr. Manuel explaining the church is located off Creech Road.

Mr. Congleton indicated he would like to commend Mr. Manuel’s attempt and understands he has been working on this and feels the effort is worthy of an additional 60 days. A motion was made by Mr. Congleton to adopt the ordinance effective in 60 days. His motion was seconded by Mr. West.

Mr. Odom indicated Mr. Ellis had mentioned a significant amount of structural damage and questioned is the building worth saving. Mr. Ellis explained the sills and flooring are in bad shape and the structure has no roof. Repairing this structure will be a challenge.

Mr. West pointed out he believes there is a Community Development program that will help facilitate what Mr. Manuel is doing and questioned whether he had investigated this program. Mr. Manuel indicated he has worked with the Community Development Department on some situations. The problem here is not moving the house but other things that have caused a number of delays that included having to retain the services of an engineer.

Mayor Coble questioned is the house worth trying to save with Mr. Manuel explaining they cannot save the entire house.

A vote was taken on the motion as presented by Mr. Congleton to adopt an ordinance effective in 60 days. The vote resulted in all members voting in the affirmative with the exception of Ms. Graw, Mr. Odom and Mayor Coble. See Ordinance 952.

PUBLIC UTILITIES CONNECTION – VARIANCE – WALTON SUBDIVISION - APPROVED

Barry Scott, representing Walton Subdivision, requests approval of a variance by the City Council to relieve the requirement to connect to available City water and prepay an assessment fee for sewer at the site located on the south side of Falls of Neuse Road.

Responding to questions from members of the Council, Ms. Carter indicated the Planning Department and Public Utilities Department has looked at this situation. At this time they are recommending approval contingent upon the sewer being extended to the property at the developers expense in the future should the use of the property change.

A motion was made by Mr. Odom to approve this request as presented. His motion was seconded by Mr. Scruggs and put to a vote that resulted in all members voting in the affirmative.

NORTH CAROLINA FALLEN FIRE FIGHTERS FOUNDATION – REFERRED TO ADMINISTRATION

Andy Woodall, representing the North Carolina Fallen Firefighters Foundation, would like to make a presentation to Council regarding efforts of the foundation to find a location for a memorial, museum space and funding assistance.

Mr. Woodall explained this program is currently in its infancy but the goal is to erect a memorial to the fallen fire fighters of the State of North Carolina and to extend assistance to the families of those fire fighters. This foundation is dedicated to fire safety and is a North Carolina memorial and the members of this foundation would very much like to have the memorial located in the Capital City of North Carolina. Mr. Woodall presented a model of the memorial. He asked the Council if they would consider assisting the foundation in locating a place to erect the memorial as well as museum space assistance and any funding that maybe possible. Mr. Scruggs explained he has been privy to this and feels it is the type of project the City of Raleigh should be involved in. He would like to send this item to the Budget and Economic Development for funding options and to find a suitable location. This would also fit in nicely with what the City is doing in the downtown area and would help to enhance the education of children. He indicated was well a yearly event could also be handled. Mr. Woodall added last year several efforts were done to raise awareness for this effort and added the ceremony are very beautiful and include the playing of bagpipes.

Mr. Scruggs asked this item be sent to budget Economic Development.

Mayor Coble suggested it may be more appropriate to initially send this item to Administration and let them come back with some recommendations. He questioned how do people make contributions to this effort. Mr. Woodall distributed information on the foundation and explained there is also a web site that is available or contributions can be mailed to their address. Any contributions are tax deductible and they are presently looking for corporate donations. He added they are in the incipient phase and have a long way to go.

RESURRECTION TABERNACLE OF PRAISE – FUNDING – REFERRED TO ADMINISTRATION

Minister Larry Spruill, representing the Resurrection Tabernacle of Praise, would like for Council to consider assisting in funding for the church to purchase a larger facility to support outreach efforts to homeless men, women and children.

Mr. Spruill indicated the Resurrection Tabernacle of Praise has an outreach ministry that currently serves 40-50 men and women and are seeking funds to enhance their efforts. Their plans include opening a day care center for children so mothers and fathers can become gainfully employed. The purchase of a larger facility would include computer facilities, a barber, a beautician, and a food pantry and would be available for men and women who need this type of assistance.

Mayor Coble questioned whether Minister Spruill has made an application to the Human Resources Department for funding. Minister Spruill indicated he has not. Mayor Coble asked staff to contact Human Resources and Human Relations Advisory Commission to assist Minister Spruill in his efforts.

MATTERS SCHEDULED FOR PUBLIC HEARING

UNSAFE BUILDINGS – VARIOUS – ORDINANCE ADOPTED

This was a hearing to consider the adoption of an ordinance authorizing the demolition of the unsafe buildings pursuant to the provisions of Section 10-6054 of the City Code. Mayor Pro Tem Odom opened and closed the hearings on all cases with action taken as follows:

1216 Jones Franklin Road, Residential Dwelling, Storage Building, Lot, 4, Lot 5, Lot 7, Lot 8 (storage buildings), Lot 10, Lot 14, Lot 15, Lot 17 and Lot 19 – Troy L. and Lillian M. Bass c/o Anthony C. Bass, property owners. Craig Bass explained the house that is vacant and closed and is on the ground and Lot 19 debris has been removed. Acting Inspections Director Ellis indicated he has slides of the property that were taken on 2/13/01. When the property was inspected on the 19th the door was open. Mr. Bass indicated the house has been demolished. Mayor Pro Tem Odom moved adoption of the ordinance as outlined. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor Pro Tem ruled the motion adopted. See Ordinance 944.

VACANT AND CLOSED BUILDINGS – HEARING – ORDINANCE ADOPTED

This was a hearing to adopt an Ordinance authorizing the demolition of the Vacant and Closed buildings as listed below and pursuant to the provisions of Section 10-6127(d) of the City Code if the repairs necessary to render the dwellings fit for human habitation are not completed within ninety (90) days.

Acting City Manager Carter indicated the property at 506 Montague Lane has been withdrawn. The Mayor Pro Tem opened and closed the hearing on each remaining case.

308 ½ Maple Street (308 Maple Street Location) – Lucille B. Thorpe, property owner – No one asked to be heard. Mayor Pro Tem Odom moved adoption of the appropriate Ordinance. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. See Ordinance 946.

1437 Sawyer Road - Bossie McNeill Realty, LLC, property owner – No one asked to be heard. Mayor Pro Tem Odom move adoption of the appropriate ordinance. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor Pro Tem ruled the motion adopted. See Ordinance 946.

ASBESTOS BULK SAMPLE EVALUATION – HEARING – RESOLUTION ADOPTED

This was a hearing to consider the adoption of a resolution confirming the charges for the asbestos bulk sample evaluations of the unsafe buildings as listed below. Mayor Pro Tem Odom opened and closed the hearing on each case.

1216 Jones Franklin Road, Lot 9 – Troy L. & Lillian M. Bass, c/o Anthony C. Bass, property owner - $300.00. No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor Pro Tem ruled the motion adopted. See Resolution 889.

1216 Jones Franklin Road, Lot 18 – Troy L. & Lillian M. Bass, c/o Anthony C. Bass, property owner - $300.00. No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor Pro Tem ruled the motion adopted. See Resolution 889.

1216 Jones Franklin Road, Lot 20 – Troy L. & Lillian M. Bass, c/o Anthony C. Bass, property owner - $300.00. No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor Pro Tem ruled the motion adopted. See Resolution 889.

1216 Jones Franklin Road, Lot 21 – Troy L. & Lillian M. Bass, c/o Anthony C. Bass, property owner - $300.00. No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor Pro Tem ruled the motion adopted. See Resolution 889.

1216 Jones Franklin Road, Lot 23 – Troy L. & Lillian M. Bass, c/o Anthony C. Bass, property owner - $300.00. No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor Pro Tem ruled the motion adopted. See Resolution 889.

UNSAFE BUILDING DEMOLITION – HEARING – RESOLUTION CONFIRMING CHARGES ADOPTED

This was a hearing to consider the adoption of a resolution confirming the charges for demolition of the unsafe building as a lien against the property as listed below. Mayor Pro Tem Odom opened and closed the hearing on each case.

517 S. Bloodworth Street – Mt. Olive Holy Church, c/o Helen Sanders, property owner - $2,320.00 – No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem ruled the motion adopted. See Resolution 890.

414 Bragg Street – Bertha Bridges Perry, Heris, c/o Ennis I. Barnette, property owners - $2,680.00 – No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem ruled the motion adopted. See Resolution 890.

1225 Fayetteville Street – Pearlie Winston, et al, property owner - $3,355.00 – No one asked to be heard. Mr. Shanahan moved adoption of the confirming resolution. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem ruled the motion adopted. See Resolution 890.

PUBLIC NUISANCE ABATEMENT – HEARING – RESOLUTION ADOPTED

This was a hearing to consider the adoption of a resolution confirming the charges for the abatement of public nuisances as a lien against the property as listed below. Mayor Pro Tem Odom opened and closed the hearing on each case.

909 Bragg Street – Louisa Freeman, Heirs, c/o Donnie Starks, Administrator, property owner - $305.00 – No one asked to be heard. Mr. Shanahan moved the confirming resolution be adopted. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted. See Resolution 888.

1205 S. East Street – Leathia Wilder, c/o Thelma W. Lewis, property owner - $399.00 – No one asked to be heard. Mr. Shanahan moved the confirming resolution be adopted. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted. See Resolution 888.

3509 Greywood Drive – The Adams Bilt Company, property owner - $208.00 – No one asked to be heard. Mr. Shanahan moved the confirming resolution be adopted. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted. See Resolution 888.

1306 East Jones Street – Ernest L. Gooding, property owner - $309.00 – No one asked to be heard. Mr. Shanahan moved the confirming resolution be adopted. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted. See Resolution 888.

3713 Old Coach Road – Khalid & Nemeh Jaber Abu Niab, property owner - $241.00 – No one asked to be heard. Mr. Shanahan moved the confirming resolution be adopted. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted. See Resolution 888.

RALEIGH – WAKE FOREST ANNEXATION AGREEMENT – HEARING – ORDINANCE ADOPTED

This was a hearing to receive public comments on an amendment to the Raleigh-Wake Forest Annexation Agreement in order to resolve conflicts arising from the location of the Wake Forest waste treatment facilities, past annexation patterns of Wake Forest, and the efficient service to the Wakefield Development. Mayor Pro Tem Odom opened and closed the hearing on this item. No one asked to be heard. A motion was made by Mr. Shanahan to adopt the appropriate ordinance. His motion was seconded by Mr. Scruggs and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted. See Ordinance 941.

ANNEXATIONS – VARIOUS LOCATIONS – HEARING – ORDINANCES AND RESOLUTIONS ADOPTED

This was a hearing to consider the following petitioned annexations. If following the hearing, Council wishes to proceed with the annexations it would be appropriate to adopt an ordinance annexing the properties effective June 30, 2001, and a resolution placing the properties in the appropriate electoral districts.

LOCATION ELECTORAL DISTRICT

North Raleigh Christian Academy B

Malone Court Townhomes B

I-40 Western Boulevard LLC Property D

Mayor Pro Tem Odom opened the hearing. No one asked to be heard, thus the hearings were closed. Mr. Shanahan moved adoption of the ordinance annexing the properties effective June 30, 2001 and adoption of a resolution placing the property in the appropriate electoral districts. His motion was seconded by Mr. Scruggs with a roll call vote resulting in all members voting in the affirmative. The Mayor ruled the motion adopted. See Ordinances 949, 950 and 951 and Resolution 898.

PU 2001-1 – SANITARY SEWER INSTALLATION – HARESNIPE CREEK – REFERRED TO PUBLIC WORKS COMMITTEE

This was a hearing to consider the installation of approximately 375 linear feet of 8 inch sanitary sewer from the existing main on Hare Snipe Creek, east 375 feet to Braxton Development Company. (PU 2001-1)

Beth Trahos, 4601 Six Forks Road, explained she is representing the property owners Roy and Vickie Roberts. This is a 2.5 acre wooded lot and the property owners are very concerned about the destruction of the wood from the installation of the easement. The Roberts purchased their home 20 years ago and have enjoyed the privacy since that time. Ms. Trahos distributed photos of the home. She requested the Council consider moving the easement to the south so the surrounding tree area will not be disturbed, and keep the easement as small as possible and go around the existing trees. If this is unable to occur, she would like for the Council to look at compensation for the lost of property as the Roberts have a 20 year investment in this site.

Mr. Shanahan suggested this item be sent to the Public Works Committee.

Andy Sandman, representative of Braxton Development indicated they own the property and would like for Ms. Trahos and the property owners to rest assured that they will carefully pick the location of this easement and will disturb as little as possible. The location as shown was picked from an engineering standpoint so there will be no backflows in the system. He indicated if certain trees are removed they will be glad to replace those trees if the Roberts so desire and they very much plan on being a good neighbor.

Mayor Pro Tem Odom indicated without objection this item would be referred to the Public Works Committee.

EVIDENTIARY HEARINGS

SU-9-2000 RALEIGH CORRECTIONAL CENTER FOR WOMEN EXPANSION – HEARING – APPROVED; TO BE PLACED ON MARCH 6 AGENDA

This was an evidentiary hearing to consider an application submitted by the Raleigh Correctional Center For Women for a Special Use Permit to construct a religious center of 2,746 square feet on their 193 acre tract at 1201 State Street.

Mayor Pro Tem Odom turned the hearing over to the City Attorney. The City Clerk swore in those persons who indicated they planned to speak.

Planning Director Chapman presented the following staff findings:

STAFF FINDINGS

(1) There shall be no flood lighting which beams directly into nearby residential areas.

There is existing flood lighting in this facility area and it is directed to interior fences and interior areas. Across the street is a residential neighborhood of single family and multi-family dwellings. No increase in lighting is proposed into nearby residential areas. Condition #2 of Z-5-93 requires perimeter lighting to be designed to direct light toward the prison property.

(2) The street capacity adjacent to the site is sufficient to safeguard the public health, especially with regard to the size and frequency of commercial vehicles involved with the transportation of inmates and for the shipping and receiving of materials in connection with the facility.

This religious center of 2,736 square feet will not have an impact on the surrounding streets or infrastructure. The facility is proposed to be located approximately 50’ from the street. South State Street is an existing 41’ curb and gutter section built to City standards. The inmate population is not proposed to increase with this expansion, or change the current way inmates or materials are transported to and from this correctional center. The activities that will take place in this modular unit now take place in crowded areas within the facility. In addition to religious services, other activities to be held in this unit are classes and meetings. There are currently 44 parking spaces adjacent to this proposed building which is adequate for employees and visitors.

(3) Transitional protective yards which conform to Code Section 10-2082.9 for high impact uses shall be installed.

In accordance with Z-5-93, a 30’ wide transition yard is to be provided along State Street and the perimeter of the O&I-CUD tract. Those buffers are in place on the site and range from 30’ along State Street to 200’ in width in the remaining areas. The transitional protective yard requirement in 10-2082.9 requires a minimum width of 40’ adjacent to other properties, but is not required along a public right of way. With the perimeter widths of 200’, the site meets the transitional protective yard requirements for 10-2082.9.

(4) The use is in accord with development criteria established by City Council adopted plans and policies such as the Comprehensive Plan and redevelopment plans, and if there is a conflict between plans and Code provisions, the more restrictive shall apply.

This site is located in the Southeast Planning District in the Rock Quarry Road Employment Area. The eastern portion of the 193 acre facility is located in the Rock Quarry Small Area Plan; however, the modular expansion on State Street is not located in that area. Conditions of Z-5-93 include stormwater to meet CR 7107, which is currently met as well as perimeter lighting to be designed to direct light toward the prison property.

(5) The use will not be injurious to property or improvements in the affected area.

City Council may take into account testimony at the public hearing in determining the conformance of the request to this condition.

Glen Irvin (sworn) Engineer with the Central Engineering Department of the Department of Corrections, indicated he is present to answer any questions the Council may have.

Mr. West questioned how close the facility was located to the nearest resident with Mr. Irvin explaining the facility will front on State Street and there is residential property across the street.

Ms. Graw indicated she understands the site of the structure will be located 50 feet from State Street and questioned whether it meets all the transitional protective yard standards as 40 feet is required from other properties with the exception of along the right-of-way. Mr. Irvin indicated it did meet all street standards.

No one else asked to be heard, thus the hearing was closed and the City Attorney turned the proceedings over to the Mayor Pro Tem.

A motion was made by Mr. Shanahan to approve this request as presented. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted indicating the item would appear on the next agenda for consideration of proposed Findings of Facts and Conclusions of Law.

SU-1-2001 – POWERHOUSE SQUARE – HEARING – APPROVED; TO BE PLACED ON MARCH 6 AGENDA

This was an evidentiary hearing to consider an application submitted from Powerhouse Square LLC to present outdoor amplified music for an event to be held on March 17, 2001. The event is proposed to be located south of the Ri-Ra Irish Pub on the east side of North West Street between Edenton Street and West Jones Street. The subject property is Powerhouse Square located at 116 North West Street and is zoned Shopping Center.

The Mayor Pro Tem turned the hearing over to the City Attorney. The City Clerk swore in those persons who indicated they planned to speak.

Planning Director Chapman presented the following staff findings:

STAFF FINDINGS

1. The establishment’s proximity to residential areas, schools, churches, and health care facilities.

The location designated for a stage and amplified music is within the interior of a block, surrounded by properties under the same ownership (Powerhouse Square, LLC). On the southern end of this block, facing Edenton Street, is St. Paul’s A.M.E. Church. There are three residential structures within close proximity of this site. Two are located one block to the east on Harrington Street and the third is located one block to the north on West Street. The closest is a large residence which was converted to apartments and is located at the corner of Harrington Street and Jones Street (approximately 250 feet from the location of the proposed stage). The second residential property is a rooming house located on Harrington Street, north of Jones Street (approximately 400 feet from the stage). The third residence is a single family house located directly across the street from the 42nd Street Oyster Bar (approximately 350 feet north of the proposed stage). The stage and amplification is directed away from West Street and towards Harrington Street. The event is to entirely take place within an enclosed tent.

2. The establishment’s history of compliance with noise and nuisance laws.

There is no history of noise or nuisance violations against the host establishment for either their day-to-day operations or previously held outdoor entertainment events.

3. Access with respect to pedestrian and automotive safety, traffic flow, emergency service.

The event will not be located within the public right-of-way. All proposed activity will be on private property. Vehicular, pedestrian and emergency vehicle access will remain unobstructed.

4. Intensity including such considerations as size, location, hours and/or conditions of operation, and number of participants.

The application states that the event will occur between the hours of 2:00pm and 11:00pm on Saturday, March 17, 2001. Attendance is not expected to exceed 200 persons per hour of operation. The entire event is to take place within an enclosed tent (40 feet by 70 feet) to be set up within the small parking area just south of the RiRa’s outdoor patio.

5. Landscaping, screening, fencing with respect to protecting affected properties from anticipated noise, loss of privacy, and glare; preserving of important natural features, or harmonizing the request with affected properties.

The proposed site is located on the West Street side of this block. This side of the block sits significantly lower than the Harrington Street side, divided by a steep bank. The grade separation, the enclosed tent and the existing buildings should help to buffer any negative impacts to the residences located on Harrington Street. A building is located directly between the planned site and the church property located to the south.

6. Control or elimination of noise, dust vibration and lighting.

The application states that noise levels will not exceed City Codes. All lighting proposed for this event will be located within the enclosed tent.

7. The proposed use will not adversely impact public services and facilities such as parking, traffic, police, etc., and that the secondary effects of such uses will not adversely impact on adjacent properties. The secondary effects would include but not be limited to noise, light, stormwater runoff, parking, pedestrian circulation and safety.

The proposed event is to be located within a small parking area, thereby displacing some existing parking. Powerhouse Square owns and operates an existing parking deck located almost directly across West Street from the site. It is not anticipated that the loss of this parking area for this event will adversely impact the ability of public facilities to operate effectively. The City Council may consider additional evidence to determine conformance with this finding.

Mr. Kirkman pointed out there were residences in proximity to this location and questioned whether Powerhouse Square had made any personal contact with those residences.

Steve Massey (sworn) indicated they have posted a notice in the parking lot regarding the hearing on this matter but no residences have been contacted personally. Mr. Kirkman questioned whether any complaints had been received of prior events with Ms. Carter indicating that City staff was not aware of any complaints. Mr. Kirkman indicated this is a one time permit and would support the request.

No one asked to be heard, thus the hearing was closed and the City Attorney turned the proceedings over to the Mayor Pro Tem.

A motion was made by Mr. Shanahan to approve this request as presented. His motion was seconded by Mr. Scruggs and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted indicating the item would appear on the next agenda for consideration of proposed Findings of Facts and Conclusions of Law.

APPOINTMENTS

APPOINTMENTS – VARIOUS ACTIONS TAKEN

The City Clerk reported the following results of a ballot vote.

Human Resources and Human Relations Advisory Commission – Two Vacancies – No nominees.

Parks, Recreation and Greenway Advisory Board – Three Vacancies – Tom Wells – 2 (Kirkman, Scruggs); Erin Black – (Kirkman, Graw); Jan Kirshbaum – 4 (Graw, Congleton, Odom, West); Rudolf A. Williams – 5 (Graw, Congleton, Odom, West, Coble)

Convention Center Authority – One Vacancy – Mayor Coble, Mr. Scruggs and Mr. Shanahan nominated Joey Stansberry, Mr. Congleton moved Tom McGuire as a nominee to the Greater Raleigh Convention and Visitors Bureau.

Greater Raleigh convention and Visitors Bureau – One Vacancy – Citizen-at-Large – Mr. Congleton nominated Tom McGuire. Mr. Shanahan nominated Phillip Eisley, Esquire.

Planning Commission – One Vacancy – Thomas Crowder – 4 (Kirkman, Graw, Congleton, West); William Hopkins – 2 (Shanahan, Scruggs)

Substance Abuse Advisory Commission – One Vacancy – No nominees.

Raleigh Transit Authority – One Vacancy – Mr. West nominated Michael Summerlin. Mr. Shanahan nominated Harold J. Pachios.

Triangle Transit Authority – One Vacancy – Carter Worthy – 7 (Shanahan, Kirkman, Graw, Congleton, Odom, West, Scruggs)

Mayor Pro Tem Odom announced the appointments of Rudolf A. Williams to the Parks, Recreation and Greenway Advisory Board and Carter Worthy to the Triangle Transit Authority. All other nominations will be carried over to the next meeting.

NOMINATIONS

APPEARANCE COMMISSION – NO NOMINATIONS

The terms of Mildred Flynn and Frank Baird will expire in April. They have served since 1995; therefore are not eligible for reappointment. No nominations were made.

ARTS COMMISSION – THREE VACANCIES – NOMINATIONS MADE

The terms of Margorie Salzman, Elizabeth Droessler, and H. Howard Browne expire in April. Ms. Salzman does not wish to be reappointed. Mr. Browne has served since 1995 and is not eligible for reappointment. Ms. Droessler has a good attendance record and would like to be considered for reappointment. Mr. Odom nominated Elizabeth Droessler, Mr. Scruggs nominated Carol Anders.

FAIR HOUSING HEARING B0ARD – NOMINATIONS MADE

The term of Ann Burke will expire in April. She is eligible for reappointment, has a good attendance record and would like to be considered for reappointment. Mr. Odom nominated Ann Burke.

HUMAN RESOURCES AND HUMAN RELATIONS ADVISORY COMMISSION – NOMINATIONS MADE

The term of Connie Crumpler will expire in March. She is eligible for reappointment, has a good attendance record and would like to be considered for reappointment. Mr. Odom nominated Connie Crumpler.

PARKS, RECREATION AND GREENWAY ADVISORY BOARD – NOMINATIONS MADE

The term of Patricia Wheeler will expire in April. She is eligible for reappointment, has a good attendance record and would like to be considered for reappointment. Mr. Odom nominated Patricia Wheeler.

TELECOMMUNICATIONS COMMISSION – NO NOMINATIONS

Included in the agenda packet is a letter from Chairperson Mary Johnson, relative to a request to remove a member who has been unable to attend. It would be appropriate to consider the request. A motion was made by Mr. Shanahan to approve the recommendation of Chairperson Johnson to remove David Bullard from the Telecommunications Commission. His motion was seconded by Mr. Kirkman. Mayor Pro Tem Odom declared nominations opened. No nominations were made.

EASTSIDE NEIGHBORHOOD TASK FORCE – NO NOMINATIONS

A letter of resignation has been received from Peter V. Andrews effective immediately. A motion was made by Mayor Pro Tem Odom to open nominations and was seconded by Mr. Kirkman and put to a vote that resulted in all members in the affirmative. No nominations were made.

REPORT AND RECOMMENDATION OF CITY ATTORNEY

No report.

REPORT AND RECOMMENDATION OF THE CITY CLERK

MINUTES – FEBRUARY 6, 2001 - APPROVED

Council members received in their agenda packet copies of the minutes of the February 6, 2001, City Council meeting. A motion was made by Mr. Scruggs to adopt the minutes as presented. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. Mayor Pro Tem Odom ruled the motion adopted.

TAXES – VARIOUS ACTIONS TAKEN

Included in the agenda packet is a proposed resolution relating to adjusting, rebating and/or refunding penalties, exemptions or relieving interest for listing of properties for ad valorem tax. Adoption of the resolution is recommended. It is also recommended that Council approve the listing as submitted by Wake County Tax Collector relative to clerical errors during the month of January 2001.

A motion was made by Mr. Scruggs to uphold the recommendation as stated. His motion was seconded by Mr. Kirkman and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted. See Resolution 886.

CLOSED SESSION – REPORT MADE

Mayor Coble indicated the February 11, 2001 closed session meeting was held to discuss personnel issues and the February 18, 2001 closed session meeting of the Mayor Ad Hoc Committee was held to discuss personnel issues and discussions are ongoing.

ADJOURNMENT

There being no further business, Mayor Coble announced the meeting adjourned at 3:35 p.m.

Donna Hester

Deputy City Clerk

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