City Council Agenda4-21

8/14/2019 City Council Agenda4-21

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City Council Agenda April 21, 2009

NOTICE TO HEARING IMPAIRED:

Audio enhancements have been installed in the Council Chamber. Assistive listening devices are

available upon request. Interpreters for Deaf and Hearing Impaired are available. If needed, please

provide a 24-hour notice by calling 996-3100 (voice) or 996-3107 (TDD).

A. MEETING CALLED TO ORDER BY THE MAYOR1. Invocation - Pastor Tyler Jones, Vintage 21 Church2. Pledge of Allegiance

B. RECOGNITION OF SPECIAL AWARDSC. CONSENT AGENDA

All items on the consent agenda 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 agendaand considered separately. The vote on the consent agenda will be a roll call vote.

1. Annexation of City Owned Properties by Resolutions of IntentThe North Carolina General Statutes allow a municipality to annex property it owns inentirety by Resolution of Intent in lieu of filing a petition. It is proposed that thefollowing City properties be annexed by this process: City of Raleigh Water TreatmentPlant, Tract C, a portion of Lot 1 and intervening R-O-W (6.44 acres) and City of RaleighWater Treatment Plant, Tract F, a portion of Lot 1 and intervening R-O-W (7.24 acres).

Recommendation:

That Resolution(s) of Intent be adopted and public hearings on these proposedannexations be set for Tuesday, May 19, 2009. Council should also authorize staff toaccept corresponding zoning petitions for these sites and authorize public hearings on therezoning and any amendments to the Comprehensive Plan for Tuesday, July 21, 2009.These municipally owned annexation sites are located outside Raleighs ETJ in WakeCounty. City Council adopted an annexation policy (Resolution 2008-460) not to accept

any annexation petition requests for property outside the existing Raleigh ETJ or propertyin an area formally being considered for extension of Raleigh's ETJ with exceptions.These municipally owned annexation sites meet exception criteria that states propertythat is publicly owned land.

2. City Plaza - Hold Harmless Agreement with Charter SquareIn order to facilitate construction of the City Plaza, it is desired to construct a temporarycovered walkway on a completed section of the Charter Square parking deck roof in thenorthwest corner of Site One. To accomplish this, Charter Square has requested that theCity assume all liability associated with any injury or damage that may arise directlyfrom this walkway and document this agreement in a letter.

Recommendation:

Approve the hold harmless letter between the City and Charter Square to permit theCity to construct a temporary covered walkway on the northwest corner of the CharterSquare parking deck, subject to final City Attorney and City Manager approval.

3. License Agreement - Pictometry, Inc.In January of 2009, the City Council approved amending the annual topographic,planimetric and orthophotography contract with Surdex, Inc. to continue the program foran additional five years and to add oblique imagery to be provided by PictometryInternational, Inc. In the course of completing the final contract review and paperwork, it

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has been determined it is preferable to execute a separate license agreement withPictometry.

The proposed license agreement provides for annual oblique imagery from PictometryInternational for a period of five years. The first year of oblique imagery will beprimarily funded by a Department of Justice appropriation that is providing imagery and

software for the Wake and Durham County 911 centers. The proposed license agreementcovers the imagery and software being provided by the appropriation as well as theacquisition of additional high resolution imagery and annual updates for Raleighsjurisdiction.

The maximum annual cost of the proposed license agreement is $120,410, which couldbe offset by future appropriations or grants. The first year cost is $55,209 and funds arecurrently allocated in this fiscal years budget.

Recommendation:

Approve the execution of the license agreement with Pictometry International, Inc. foroblique imagery.

4. New Variance Request Resolution to Environmental Management Commission forNeuse River Wastewater Treatment Plant Biosolids Farm Fields Corrective Action

Plan and Neuse River Foundation Mitigation Agreement

On November 15, 2005, Council approved submittal of a variance request resolution tothe Environmental Management Commission for the Neuse River Wastewater TreatmentPlant Biosolids Farm Fields Corrective Action Plan. Working with representatives of theNorth Carolina Division of Water Quality and other stakeholders, comments were soughton the nitrogen groundwater standards variance component of the Corrective Action Planassociated with the Neuse River Wastewater Treatment Plant Biosolids Farm Fields. Anagreement has been developed to include implementation of additional on-site measuresto further mitigate nitrogen loading to surface water via groundwater in the interior of thesite and the implementation of an off-site nitrogen mitigation project. With the

implementation of this agreement, the Neuse River Foundation agrees not to oppose thevariance request by the City or to encourage other parties to do so. In light of thesechanges and the subsequent time interval between this agreement and the initial variancesubmittal date, it is necessary to withdraw the original variance application and submit anew application that reflects current conditions. The new variance request must beauthorized by a resolution approved by the City Council. The agreement has beenreviewed by the City Attorneys Office.

Recommendation:

Approve the withdrawal of the original Variance Request and submittal of a newVariance Request Resolution for the Neuse River Wastewater Treatment Plant BiosolidsFarm Fields Corrective Action Plan and approve the Neuse River Foundation Additional

Mitigation Agreement, as proposed, and authorize the City Manager to execute on behalfof the City.

5. Resolution - Opposition to North Carolina Legislative Bills Proposing TurningMaintenance of State System Streets over to Municipalities

There have been three bills recently introduced in the North Carolina General AssemblyS1001/H881 and H758 that propose divesting the States interest in State System streetslocated inside of municipalities. These proposals would turn maintenance responsibilitiesfor these streets over to the municipalities. S1001/H881 also include provisions thatchange the way Powell Bill payments (made to municipalities for maintenance of City

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streets) are dispersed and eliminate current language in the State Statute that makes thesepayments to municipalities mandatory. Included in the agenda packet for considerationby the City Council is a draft resolution addressing concerns raised by these measures.

Recommendation:

Adopt the proposed resolution and forward it to the appropriate representatives in the

General Assembly.

6. Void Quest Academy VarianceThis is a request to void the approved variance for the proposed Quest Academy site.The variance was requested because Quest Academy believed the proposed site includeda primary watercourse and Quest sought to build in the natural resource buffer yard ontheir site at 9322 Six Forks Road. Based upon the actual natural resource buffer yarddetermination on the map, there is no longer a need for a variance because the applicantssite plan will not impact a natural resource buffer. Should the City Council agree withthe staffs decision, the City Attorneys office has advised staff that the varianceapproved on January 6, 2009, will need to be voided by the Council.

Recommendation:

Void the variance to the Stormwater Control Regulations for the Quest Academy site.

7. Parade Routes7.1 Various Streets in the Raleigh Convention Center Vicinity

Dianne Powell, representing several local organizations, requests permission tohold the third annual Gods Chosen Generation Youth Walk on Saturday, April25, 2009, from 2:00 p.m. until 3:00 p.m.

Recommendation:

Approve subject to conditions on the report in the agenda packet.

7.2

Various Streets in the Hillsborough Street VicinityLt. John Rehbock, representing the Raleigh Fire Department, requests permissionto hold a Fallen Firefighters parade on Saturday, May 2, 2009, from 8:00 a.m.until 4:00 p.m.

Recommendation:


8. Temporary Street Closings8.1 New Bern Avenue from Swain Street to State Street Vicinity

Tom Higdon, representing several area churches, requests a street closure onSaturday, April 25, 2009, from 7:00 a.m. to 3:00 p.m. for a community day.

Recommendation:


8.2 500 Block of Adams StreetRick Baker, representing his neighborhood, requests a street closure on Saturday,April 25, 2009, from 12:00 p.m. to 9:00 p.m. for a neighborhood celebration. Herequests a rain date of Sunday, April 26, 2009, from 12:00 p.m. to 9:00 p.m.

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He also requests a waiver of all City Ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


8.3 400 Block of South West StreetMarlene Klintworth, representing the ESS Lounge, requests a street closure onSunday, May 3, 2009, Tuesday, May 5, 2009, Thursday, May 7, 2009, Thursday,May 21, 2009, Thursday, June 4, 2009, Thursday, June 18, 2009, Thursday,August 6, 2009, Thursday, August 20, 2009, Thursday, September 10, 2009, andThursday, September 24, 2009, from 6:00 p.m. to 11:00 p.m. for a series ofoutdoor entertainment events.

She also requests a waiver of all City Ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


8.4 New Bern Avenue from Swain Street to State Street VicinityOctavia Rainey, representing North Central CAC, requests a street closure onThursday, May 7, 2009, from 5:30 p.m. to 8:30 p.m. for a community day ofprayer.

Recommendation:


8.5 200 Block of East Hargett StreetStefanie Toftey, representing the City of Raleigh Parks and RecreationDepartment, requests a street closure on Friday, May 8, 2009, from 3:00 p.m. to8:00 p.m. for a kickoff event for Bike to Work Week.

Recommendation:


8.6 100 Block of East Cabarrus StreetPat Dickerson, representing the Lincoln Theatre, requests street closures onSaturday, May 9, 2009, Saturday, June 6, 2009, and Sunday, July 26, 2009, from7:00 a.m. until 2:00 a.m. for outdoor musical events.

He also requests a waiver of all City Ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


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8.7 Various Streets in the East Martin Street, South Wilmington Street andSouth Person Street Vicinity

Terri Dollar, representing Artsplosure, requests several street closures onSaturday, May 16, 2009, from 5:00 a.m. until Sunday, May 17, 2009, at 11:00p.m. for the annual Artsplosure event.

She also requests a waiver of all City Ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances, the sale of crafts, artwork, and novelty items on Citystreets and the sale of food and beverage along City streets.

She also requests the encumbrance of parking spaces in the 200 Block of SouthPerson Street and all parking spaces on the 100 Block of South Blount Street.

Recommendation:


8.8 Southall Road VicinityDanielle Weber, representing the Edgewater Community, requests a streetclosure on Saturday, June 6, 2009, from 11:00 a.m. to 8:00 p.m. for a communityday. She also requests a rain date of Sunday, June 7, 2009, from 11:00 a.m. to8:00 p.m.

Recommendation:


8.9 Amplified Sound Ordinance WaiverChris Post, representing the City Limits Salon, requests a waiver of amplifiedsound ordinances on Saturday, May 2, 2009, from 2:00 p.m. to 7:00 p.m. for acharity fundraising event.

Recommendation:Approve subject to conditions on the report in the agenda packet.

9. Easements9.1 Sanitary Sewer Easement Exchange - Corporate Center Drive in Raleigh

A request has been received from William J. Stuckey, Chief Purchasing Officerof the North Carolina Administrative Office of the Courts, agent for the JudicialDepartment of the State of North Carolina, property owner, to exchange existing20-foot City of Raleigh sanitary sewer easement for a new 20-foot City ofRaleigh sanitary sewer easement located at 901 Corporate Center Drive inRaleigh to properly center the easement over the recently constructed sanitarysewer main. The construction plans for the sanitary sewer main have beenpermitted by the City of Raleigh Public Utilities Department. The propertyowner is responsible for all costs of the easement exchange.

Recommendation:

Approve the easement exchange and authorize the City Clerk to advertise.

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9.2 Sunnybrook Road Widening Project - Right of Way and License Agreementwith AT&T (BellSouth)

It is requested that a master agreement for conveyance of easements and grant ofencroachment privileges by AT&T to the City be authorized for execution. TheSunnybrook Road widening project has been in progress for many months.

Eminent domain has not been a legally authorized option for acquisition ofneeded property interests from AT&T and, consequently, the City AttorneysOffice and counsel for AT&T have been negotiating disputed matters related towork on AT&Ts property for over two years. A copy of the agreement is in theagenda packet.

Recommendation:

Approve the execution of the agreement.

10. Consultant Services10.1 Clarence E. Lightner Public Safety Center - Commissioning Agent

On February 3, 2009, the Request for Qualifications (RFQ) for Commissioning

Agent services was advertised and released and responses were received onMarch 11, 2009, from seven firms. Submittals were evaluated and four firmshave been interviewed and ranked in accordance with City policy and Statestatutes in a qualifications based process. The four top ranked firms, in order ofpreference are:

EMC Engineers, Inc.Facility Dynamics EngineeringRMF Engineering, Inc.Horizon Engineering Associates, LLC

Recommendation:

Authorize the City Manager, in accordance with City standard procedure, to

begin negotiations for a contract for Commissioning Agent services beginningwith the top ranked firm. If negotiations are not successful with the first firm,negotiations will proceed in accordance with standard procedure with eachsuccessive firm until an agreement can be reached.

10.2 Transit Operations Facility - Preliminary Design ServicesA Request of Qualifications (RFQ) was issued and proposals received on April 8,2009, to provide preliminary design services associated with the Design/Buildprocess and securing funding for the new Transit Operations Facility. Submittalswere received from four firms: Kimley Horn, IBI Group, Jacobs Engineering,and Williard Ferm.

Recommendation:Authorize the City Manager to negotiate and execute a contract for PreliminaryDesign Services with the top ranked firm. If negotiations are not successful,negotiations will proceed with the next rated firm in accordance with Cityprocedures.

10.3 Enterprise Resource Planning (ERP) - Batch Process Scheduling SoftwareContract

On February 16, 2009, the City issued a Request for Proposals from qualifiedService Providers for Batch Process Scheduling software as well as for

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professional services including installation, training, and service agreements of aBatch Process system for the City of Raleigh Customer Care & Billingapplication being implemented in its new Enterprise Resource Planning (ERP)system. Three (3) proposals were received by the RFP deadline of March 20,2009. The proposals reviewed and ranked by an evaluation committee of ERPproject team members, and as approved by the ERP Sponsor Committee follow:

UC4 SoftwareBMC Software, Inc.CA, Inc.

Following formal evaluation of these proposals, it is recommended that the Citycontract with UC4 Software to provide the Process Scheduling software as wellas the professional services for successful implementation of the ERP CC&Bapplication. Funds have been provided in the ERP project budget to provide forthese contract services.

Recommendation:

Authorize the City Manager to negotiate and execute a contract with UC4 in the

amount not to exceed $200,000.

10.4 Gas Monitor Lease ProgramA contract of $325,549.44 has been negotiated with Industrial ScientificCorporation for a turn key gas monitor lease program, which is necessary tocomply with OSHA regulations for confined space entry. This lease programwill save the City an estimated $80,000 over the four-year term by eliminatingthe normal maintenance and repair costs associated with ownership of gasmonitors.

Recommendation:

Approve the contract with Industrial Scientific Corporation for the Gas Monitor

Lease Program in the amount of $325,549.44 and the budgetary transfer in theamount of $81,387.36.

Transferred From:

310-5220-70890-604 Other Services $ 6,033.84310-5230-70601-626 Small Equipment 3,027.48310-5230-70890-602 Other Services 15,054.36310-5230-70890-624 Other Services 3,027.48310-5240-70890-611 Other Services 6,033.84310-5240-75290-611 Capital Equip-Other 15,054.36310-5260-70601-610 Small Equipment 7,527.18310-5260-75209-614 Construction Equip 7,527.18

310-5270-70101-613 Operational Supplies 18,101.64$81,387.36

Transferred To:

310-5220-71104-604 Lease-Equipment $ 6,033.84310-5230-71104-604 Lease-Equipment 15,054.36310-5230-71104-624 Lease-Equipment 3,027.48310-5230-71104-626 Lease-Equipment 3,027.48310-5285-71104-621 Lease-Equipment 54,244.20

$81,387.36

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11. Personnel Changes - Information Technology - Position ReclassificationsThe department is seeking reclassification of thirteen (13) positions in the InformationTechnology Department. These reclassifications will enable the departments to providesupport for the Citys Enterprise Resource Planning software systems as well as its otherinformation technologies and resources.

Current: Systems Administrator, position 5123, grade 37, class 0332

Requested: ERP Systems Administrator, grade 39, class 0347

This position will manage the performance and reliability of ERP systems; troubleshoothardware, software and systems associated with ERP modules; participate in projects toimplement or enhance ERP systems and applications; participate in defining userrequirements, coordinate upgrades and patches; maintain ERP system security; monitorand maintain performance metrics; and participate in design and development of test andproduction objects.

Current: Information Technology PMO Manager, position 5281, grade 38, class 0349

Requested: Information Technology Manager, grade 41, class 0340

This position will oversee the direction and integration of ERP modules; communicatewith program managers and leadership to ensure the integration of processes and modulesacross the enterprise; oversee, define and monitor critical path activities, and resolveissues.

Current: Senior Systems Analyst/Programmer, positions 3788 and 1565, grade 37, class0318; Web Architect, position 5122, grade 38, class 0329; and Web Developer, position5121, grade 38, class 0328

Requested: Enterprise Application Engineer, grade 38, class 0336

This classification will develop and deploy integrated solutions across the enterprise;assess how existing applications, systems, databases, web interfaces and hardware logic

work together to meet enterprise requirements; work with users to determine needs;perform database analysis, codes and testing middleware routines to ensure successfulcommunication among systems and application components; and participate incomponent and architecture design, software product evaluation and buy versus buildrecommendations.

Current: Systems Analyst/Programmer, position 1566, grade 34, class 0317

Requested: Senior Systems Analyst/Programmer, grade 37, class 0318

This position will configure, analyze, design, develop and maintain ERP program codesand applications; work on elements of large, complex installations; and perform allaspects of programming assignments and assist with system design.

Current: Data Center Administrator, position 1554, grade 34, class 0327

Requested: Technical Support Administrator, grade 37, class 0346

This position will manage the network operations center and staff, including production,data control, operations and support; develop and implement standards, procedures andprocesses for NOC; plan and manage supports of new technologies; and define andnegotiate service level agreements.

Current: Technical Support Analyst, position 5006, grade 34, class 0342

Requested: Web Services Specialist, grade 34, class 0338

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This position designs, maintains and enhances web sites; coordinates the publishing ofweb content; and works with users and marketing and systems teams to coordinatecontent, site structure development and updates.

Current: GIS Programmer/Analyst, position 1592 grade 34, class 0322

Requested: Technical Support Analyst, grade 34, class 0342

This position will provide customer service in the IT Customer Support Center.

Current: Technical Support Analyst, position 1555, grade 34, class 0342

Requested: Staff Assistant, grade 34, class 0434

This position will manage the selection, acquisition and monitoring of contractualagreements for hardware, software and IT services; articulate and negotiate service levelagreements; develop or assist in the development of RFIs and RFPs; and participate in thebudget process.

Current: Senior GIS Programmer/Analyst, positions 1594 and 1591, grade 37, class0325

Requested: Senior Systems Administrator, grade 37, class 0332These positions will administer customized system applications such as IRIS and CityWorks, including design, installation, configuration, maintenance, testing andtroubleshooting, as well as related programming.

The Personnel Department has reviewed these requests and concurs with thereclassifications of the positions. Funding is available in the departmental salaryaccounts.

Recommendation:

Approve the above described reclassifications.

12. Budget Amendments12.1 Emergency Communications Center

The following accounts should be increased by:

Revenue Account:

711-0000-53299-000 Prior Year Revenue $425,000.00

Expense Account:

100-4410-71305-356 Telephone/Communications $425,000.00

Purpose:

To appropriate fund balance to fund expected shortage in 911 monthly trunk

charges due to higher than anticipated costs.

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12.2 PlanningThe following accounts should be decreased by:

Revenue Account:

810-7012-5328-991 Federal Grants/Brownfield EPA Revolving $400,000.00

Expense Accounts:

810-7012-60011-991 Salaries - PT Temp $ 10,117.55810-7012-62005-991 Social Security 627.39810-7012-62006-991 Medicare 146.30810-7012-70101-991 Operational & Maintenance 9,519.76810-7012-70890-991 Contractual Service 70,000.00810-7012-71201-991 Training 481.00810-7012-72530-991 Program Expenditures 115,000.00810-7012-79401-991 Loans 194,108.00

$400,000.00Purpose:

To reduce the Federal Grant Funds from $1,000,000 to $600,000 to reflect theamendment to the grants award.

13. Sanitary Sewer Easement item - (Condemnation Request)Negotiations have, thus far, been unsuccessful with the following property owner for thesanitary sewer easements required for the Cemetery Branch Sanitary Sewer ReplacementProject. Due to the failure of negotiations attempts with the owner, and in order to keepthe project moving forward, staff recommends that authorization be granted forcondemnation of the necessary easements needed from this property for construction ofthe project.

Project Name: Cemetery Branch Sanitary Sewer Replacement

Name: Linda R. BalazichLocation: 630 Drew Street

Recommendation:

Approve condemnation.

14. Electric Utility for Power Line Location and Driveway Construction Items -(Condemnation Request)

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

Project Name: Fayetteville Street/Penmarc Drive ExtensionName: JW Yeargin Heirs

Location: 1119 Fayetteville Street

Recommendation:


15. Sanitary Sewer Easement item - (Condemnation Request)Negotiations have, thus far, been unsuccessful with the following property owner for thesanitary sewer easements required for the Lake Glad Road Sanitary Sewer ImprovementsProject. Due to the failure of negotiation attempts with the owner, and in order to keepthe project moving forward, staff recommends that authorization be granted for

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condemnation of the necessary easements needed from this property for construction ofthe project.

Project Name: Lake Glad Road Sanitary Sewer ImprovementsName: Hendrickson Properties V, LLCLocation: 232 West Haywood Street

Recommendation:


16. Change Orders16.1 Wendell Water System Upgrades - Change Order #2 - Moffat Pipe, Inc.

This change order is for a net increase of $91,913.50.

Reason:

For installation of sanitary sewer lines in the Rock Quarry Road annexationproperties area.

History:

Original contract amount $565,543.00Previous net changes (ADD) $237,396.51New contract amount $894,853.01

Budgetary accounts to be amended:

Transferred From:

349-9166-79001-975 Walnut Crk/Influent Lift Sta Pumps $91,913.50

Transferred To:

349-9784-79202-975 Wendell Water Main Rehab $91,913.50

Recommendation:Approve the change order in the amount of $91,913.50 and the budgetarytransfer.

16.2 Greenbrier Waterline Replacement - Change Order #5 - Billings & Garrett,Inc.

This change order is for a net increase of $373,531.75 and time extension of 120calendar days.

Reason:

For construction of the Bickett Boulevard sanitary sewer replacement andHudson Street sanitary sewer replacement projects.

History:

Original contract amount $781,889.00Previous net changes (ADD) $523,182.70New contract amount $1,678,603.45

Budgetary accounts to be amended:

Transferred From:


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Transferred To:

349-8468-79202-975 Main Replacement $373,531.75

Recommendation:

Approve the change order in the amount of $373,531.75, time extension of 120

calendar days, and the budgetary transfer.17. Transfers

17.1 Administrative ServicesIt is recommended that the following transfer be authorized:

Transferred From:

501-9226-70790-975 Professional Services $100,294.00501-9466-70101-975 Op & Maintenance Supplies 3,840.07501-9466-70790-975 Professional Services 12,690.00501-9753-70202-975 Computer Lease 14,923.43501-9753-70790-975 Professional Services 2,950.50

501-9851-79001-975 Project Reserve 103,400.00501-9852-79001-975 Project Reserve 65,536.00501-9873-70101-975 Op & Maintenance Supplies 100.00501-9873-70790-975 Professional Services 9,900.00

$313,634.00Transferred To:

501-9947-70201-975 Computer Operations $267,922.00501-9232-70202-975 Computer Lease 45,712.00

$313,634.00Purpose:

To move funding from projects that are complete and have residual funding tothe Oracle License and Cityworks (Service Excellence) projects. The movementof this funding will alleviate the cost impact of these two projects on the GeneralFund.

17.2 Community DevelopmentIt is recommended that the following transfer be authorized:

Transferred From:

724-9266-79401-975 Hsg Bond 05-Habitat/Capital Pines Loans $350,000.00

Transferred To:

724-8666-79401-975 Hsg Bond 05-First-time Homeownership $350,000.00

Purpose:

To de-obligate funds from the inactive Capital Pines project to make themavailable for loans to homebuyers of homes in the Habitat Cooke Street Phase IIproject and Builders of Hope State Street projects.

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17.3 Construction ManagementIt is recommended that the following transfer be authorized:

Transferred From:

507-9908-79001-975 Capital Projects Reserve $132,901.00

Transferred To:

507-8920-79201-975 Design/Planning Contracts $132,901.00

Purpose:

Council authorized the City Manager to execute an amendment in the amount of$132,901 to HNTBs design services contract that would allow the design of theInterim Traffic Control Center to enable the demolition of the 110 SouthMcDowell Street Building. This transfer provides the funds in the amount of$132,901.

17.4 Information TechnologyIt is recommended that the following transfer be authorized:

Transferred From:

100 1810 70202 181 Computer Lease $195,400.00

Transferred To:

100 1820 70205 182 Wide Area Network (WAN) Equip Lease $195,400.00

Purpose:

To provide funding for the WAN Equipment Lease account.

17.5 Public UtilitiesIt is recommended that the following transfer be authorized:

Transferred From:

310-5210-71213-601 Advertising $100,000.00310-5220-70903-610 Security Service 40,000.00310-5230-70903-610 Security Service 30,000.00

$170,000.00Transferred To:

310-5230-70902-604 Waste Removal Service $170,000.00

Purpose:

To provide funds for emergency hauling due to a sewer force main break.


Transferred From:


Transferred To:


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Purpose:

To provide funds for the on-call design services contract with Earthtech of NorthCarolina, Inc.

17.7 Public UtilitiesIt is recommended that the following transfer be authorized:Transferred From:


Transferred To:


Purpose:

To provide funds for the Wendell water system upgrades contract with MoffatPipe, Inc.


Transferred From:

348-8099-79001-975 EMJ Pilot Plant $ 131,010.82348-9026-79001-975 Water Tank Rehab/Maint 1,052,789.75

$1,183,800.57Transferred To:

348-9026-79308-975 Water Tank Rehab/Maint $1,183,800.57

Purpose:

To provide funds for maintenance and asset management of water storage tanks

with Utility Service Company, Inc.

17.9 Special AppropriationsIt is recommended that the following transfer be authorized:

Transferred From:

100-1040-72002-102 Council Contingency $10,000.00

Transferred To:

100-1040-72331-102 Public Art $10,000.00

Purpose:

To provide funds for the final purchase installment for the Van de Zandephotographic prints of the new Convention Center Construction such that theybecome a permanent collection for the City.

18. Bids18.1 City of Raleigh Downtown District Interim Police Facility

Formal bids were received on April 7, 2009, for the 33,000 square-foot fit up of218 West Cabarrus Street for the City of Raleighs Interim Downtown DistrictPolice and Evidence Storage Facility. Macallan Construction provided the

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lowest base-bid and price to add Alternate #4, a public toilet at $1,204,400.MWBE base bid participation is projected at 11.5%.

Recommendation:

Authorize the award of contract to Macallan Construction $1,204,400 for therelocation of the City of Raleigh Downtown District Police and Evidence Storage

Facility. Funds are available and will be transferred administratively.

18.2 All Inclusive Elevator and Escalator Maintenance ServiceRequests for Proposals (RFP) were received from vendors on April 1, 2009, foran All Inclusive Maintenance Service Contract for all City of Raleigh elevatorsand escalators. Five proposals were received in response to the RFP:

Godwin Elevator Company, Inc.Schindler Elevator CorporationOtis ElevatorKone Inc.Elevator specialists of Carolina

Following review and evaluation by Parks and Recreations staff, GodwinElevator Company, Inc. is recommended to provide elevator and escalatormaintenance services at a cost of $378,080 for the length of the contract term.

MWBE participation for these services is 0%.

Recommendation:

Authorize Staff to enter into contracts with Godwin Elevator Company, Inc. toprovide elevator and escalator services as recommended, and authorize the CityManager to execute the contract. Funding is included in the FY10 ProposedBudget.

18.3 Municipal Building - 222 West Hargett Street - Elevator ModernizationProposals were received on March 18, 2009, for the modernization of the (3)passenger elevators located in the Municipal Building - 222 West Hargett Street.Elevator Specialists of Carolina, Inc. submitted the low bid in the amount of$375,122.00. MWBE participation is 0%; however, Elevator Specialists ofCarolina, Inc. indicate they are a woman owned firm, but not currently MWBEcertified.

Recommendation:

Approve the low bid from Elevator Specialists of Carolina, Inc. in the amount of$375,122, and authorize execution of appropriate contract documents. Fundingis available in account 506-9707-79001-975.

19. TrafficOrdinances adopted by the City Council authorizing the following traffic changes willbecome effective seven days after Council action unless otherwise indicated.

19.1 Channelization Change and No Parking Zone - Monument Lane at SixForks Road

It is recommended that eastbound Monument Lane be channelized at Six ForksRoad. In response to a developer request, a traffic engineering study wasconducted to determine the need for channelization for vehicles turning fromMonument Lane onto Six Forks Road. The existing channelization at this

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location is a single lane with no restrictions. The proposed channelization will bea shared through-left turn lane and an exclusive right turn lane.

The current roadway width at this location is not adequate to allowchannelization without the restriction of parking. It is recommended that a NoParking Zone be established on Monument Lane west of Six Forks Road for 160

feet.Recommendation:

Approve and amend the Traffic Schedule.

Add to Traffic Schedule 6.B.3:

Monument Lane, eastbound at Six Forks Road.

Add to Traffic Schedule 13:

Monument Lane, from Six Forks Road westward 160 feet.

19.2 Speed Limit- Reedy Creek RoadNorth Carolina Department of Transportation recently reduced the speed limitalong Reedy Creek Road (SR1775) from 35 mph to 25 mph. Since this sectionof Reedy Creek Road is on the state highway system, it is recommended the Cityconcur with this change based on the geometry of the road, sight distance issues,and pedestrian activity in the area.

Recommendation:

Approve and amend the Traffic Schedule.

Add to Traffic Schedule No. 5.A.1:

Reedy Creek Road from a point 0.48 miles east of Trenton Road, eastward to apoint 0.84 miles east of Trenton Road.

THIS IS THE END OF THE CONSENT AGENDA

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D. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION1. The Planning Commission recommendations on the following items were unanimous.

The Council may wish to consider these items in the same manner as items on theconsent agenda. Items marked with one asterisk (*) beside the CertifiedRecommendation number are located within flood-prone areas. Items marked with the

pound sign (#) beside the Certified Recommendation number are located within the FallsBasin or the Swift Creek Watershed Protection Area. Items marked with the plus sign (+)beside the Certified Recommendation number indicate special conditions for stormwatermanagement. Items marked with (VSPP) beside the Comment indicate that a ValidStatutory Protest Petition has been filed. **Denotes Drainage Basins

CR Number Subject Vote Recommendations Comments

(1) CR-11295 Z-4-09,90-dayTimeExtension

11-0 Approval Buffaloe Road, northside, west of I-540

(2)* CR-11296 Z-8-09 10-0 Approval,

Conditional Use

Blue Ridge Road, south

side, oppositeHomewood BanksDrive intersection**(Crabtree)

(3) CR-11297 SNC-1-09 11-0 Approval Chustenahlah Drive

(THE FOLLOWING ACTION WAS TAKEN BY THE PLANNING

COMMISSION AT THEIR APRIL 14, 2009 MEETING, BUT NOT BY

UNANIMOUS VOTE)

(4) CR-11298 Z-12-09(VSPP)

10-1 Approval,Conditional Use

Marcom Street andKelford Street, atStovall Drive

**(Bushy) (VSPP)

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNING

COMMISSION AT THEIR APRIL 14, 2009, MEETING, BY UNANIMOUSVOTE)

(1) Z-4-09 - Buffaloe Road, north side, west of I-540 - 90-day Time Extension

This request is to rezone approximately 48.08 acres, currently zoned ConservationManagement & Manufactured Home with SHOD-1. The proposal is to rezone theproperty to Conservation Management, Residential-10, & Neighborhood Business withSHOD-1.

CR-11295 from the Planning Commission recommends that the City Council grant a 90-

day time extension for additional review by the Planning Commission.

(2)* Z-8-09 - Blue Ridge Road, south side, opposite Homewood Banks Drive intersection,Conditional Use **(Crabtree)

This request is to rezone approximately 9.58 acres, currently zoned Residential-6,Residential-6 with Special Highway Overlay District-1, Office & Institution-1, Office &Institution-1 with Special Highway Overlay District-1, and Residential-4. The proposalis to rezone the property to Office & Institution-2 with Special Highway Overlay District-1.

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CR-11296 from the Planning Commission finds that this request is consistent with theComprehensive Plan and recommends that this request be approved in accordance withzoning conditions dated March 24, 2009.

(3) SNC-1-09 - Chustenahlah Drive

This request is to approve a street name change from Chustenahlah Drive to Midway

Island Court, pursuant to Standard Procedure 900-9(D) regarding 100% property ownerapproval of non-duplicative street name.

CR-11297 from the Planning Commission recommends that this item be forwarded toCity Council for action changing the name to Midway Island Court; and that this namechange be made effective May 29, 2009.

(THE FOLLOWING ACTION WAS TAKEN BY THE PLANNING

COMMISSION AT THEIR APRIL 14, 2009, MEETING, BUT NOT BY

UNANIMOUS VOTE)

(4) Z-12-09 - Marcom Street and Kelford Street, at Stovall Drive, Conditional Use**(Bushy) VSPP

This request is to rezone approximately 1.31 acres, currently zoned Residential-10. Theproposal is to rezone the property to Residential-15 Conditional Use District.

CR-11298 from the Planning Commission finds that this request is consistent with theComprehensive Plan and that this request be approved in accordance with zoningconditions dated April 15, 2009.

E. SPECIAL ITEMS1. Water and Sewer Rates

The proposal to increase water and sewer rates by 17% has been discussed on severaloccasions. Various information has been supplied and it was directed that the item beplaced on this agenda for further consideration.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. Moore Square Design and Public Process Concept, Phases I, II and III

This City Council Authorization request seeks approval for the Moore Square DesignPublic Process Concept and its Phase I, II, and III activities. The Initiatives goals are toengage the public in an Open Call for ideas, conduct a Juried Conceptual DesignCompetition, develop and implement a Master Plan, and develop an economicdevelopment strategy for the Moore Square area. The Initiative and its components willenhance Moore Square as a destination and a stronger economic force in the City. Theestimated budget for Phase I and II - start up and Open Call for Ideas - is approximately$9,000. The anticipated budget for Phase III - Juried Design Competition - isapproximately $40,000. City Council approval milestones for these phases and proposed

follow- up phases are in the agenda packet.

Recommendation:

Approve Moore Square Design and Public Process Concept Phase I - Planning, strategy,and start up activities, Phase II - Open Call for Ideas, and Phase III - Juried ConceptualDesign Competition.

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G. REPORT AND RECOMMENDATION OF THE ARTS COMMISSIONBrian Starkey, Chair of the Arts Commission, will present the 2009-2010 Arts Grants Allocationsrecommendations and his recommended Public Art and Design Board appointments. Additionalinformation is in the agenda packet.

H. REPORT AND RECOMMENDATION OF THE PARKS, RECREATION ANDGREENWAY ADVISORY BOARD

1. Isabella Cannon Park Master PlanIsabella Cannon Park is a 3.5-acre Neighborhood Park located in the University Parkneighborhood at the corner of Gardner Street and Kilgore Avenue. The park has been apart of Raleighs park system since the 1930s. Funds for the renovation and master planof the park were included as part of the 2003 Park Bond. In June 2008 the Citycontracted with SELLS Design Studio to conduct the Master Plan process. The MasterPlan process followed the resolution and committee process. The final Draft Master Planwas presented to the Parks, Recreation and Greenway Advisory Board (PRGAB) onFebruary 19, 2009, at which time the PRGAB heard public comment. On March 19,2009, the PRGAB continued discussion of the Draft Master Plan and voted unanimously

to forward the Draft Master Plan to City Council and recommend its adoption byCouncil. Included in the backup material is the Draft Master Plan Report, which includesa summary of the meetings. Staff will be available at the meeting to answer questions.

Recommendation:

Adopt the Draft Isabella Cannon Park Master Plan as recommended by the Parks,Recreation and Greenway Advisory Board at the March 19, 2009, meeting.

I. REPORT AND RECOMMENDATION OF THE SUBSTANCE ABUSE ADVISORYCOMMISSION

Representatives of the Substance Abuse Advisory Commission will present a report on theprescription drug drop off event.

J. REPORT AND RECOMMENDATION OF THE WATER CONSERVATION ADVISORYCOUNCIL

The Water Conservation Advisory Council will present their recommendations for the Cityscurrent and future water conservation strategies.

K. REQUESTS AND PETITIONS OF CITIZENS (2:00 P.M. OR AFTER)1. Loree Idol, Enloe High School, would like to present a student editorial and request that

the Council consider funding for one school resource officer per every 1,000 students atall Raleigh City high schools.

2. Wade Thomas, 1115 South Blount Street, would like to discuss 1108 South Blount Street.3.

Benjamin Steel, 444 South Blount Street, would like to request an extension of time tocomplete repairs on the redevelopment of his historic home at 421 Watson Street.

4. Phyllis and Betty McElveen, would like to provide a report and request approval of anarrangement for completion of the work at 312 Cutler Street.

5. Fred Fletcher, representing Unity Church of Raleigh, would like to request permission todefer the fee in lieu for Lot 2, Leesville road, until site plan approval or sale of lot andpermission to finance fee in lieu for Lot 1 over a 10 year period as offered to non-profits.

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L. MATTERS SCHEDULED FOR PUBLIC HEARING (2:00 P.M. OR AFTER)1. A hearing to consider the adoption of an ordinance prohibiting occupancy of the unfit

dwellings until repaired to comply with the requirements of the Housing Code and pursuant to the provisions of Section 10-6130 of the Code of the City of Raleigh:

LOCATION PROPERTY OWNER TAX ID NO. TIME LAPSE

3200 Hillsborough Street(D)

David House LLC 0098684 106 Days

2. A hearing to consider the adoption of a resolution confirming the charges for theabatement of public nuisances as a lien against the property as listed below:

LOCATION PROPERTY OWNER TAX ID NO. ABATEMENT

1505 Beauty Avenue (C) Willie Haywood Jr. 0029752 $340.00

3601 Croydon Mill Way(B)

Alan & Elizabeth Carfrae 0288797 $230.00

1909 Crawford Road (C) Colon & Rachael Rogers 0068050 $320.00

1813 Martin Luther KingJr. Boulevard (C)

Road Runner InvestmentProp LLC

0102272 $300.00

3. A hearing to consider the permanent closing and disposition of a 137 square foot right-of-way along a portion of the northern right-of-way ofByrd Street abutting 2301 White OakRoad with the understanding the closed strip shall revert to Lyndon Jordan who will paythe sum of $2,873 to cover expenses, etc. for the closing. (STC-2-09)

4. A hearing to consider changing the name of the 1400 block of Briarmont Court to InfinityLane pursuant to Standard Procedure 900-9 (V) with the effective date of the namechange to be July 1, 2009. (SNC-10-08)

M. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. Plan Review Efficiency/ExpeditionThe Committee moved approval of the Development Services reorganization proposalsand benchmarks dated April 14, 2009, as included in the agenda packet.

2. J.T. Locke Resource Center - FundingThe Committee recommends that representatives of J.T. Locke Resource Center continueto work with Administration on space and grants for the work of the Center and to referthe item to Budget Work Session for continued work.

3. Inspection and Plan Approval FeesIt is recommended that this item be referred to Budget Work Session.

4. Water and Sewer Capacity FeesIt is recommended that this item be referred to the special Public Utilities Work Sessionscheduled for April 27, and to Budget Work Session.

5. Real Estate Report6. Items Pending

Item #99-17 - Southeast Raleigh Economic Development (6/14/00)

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Item #05-05 - John Winters Memorial (1/17/06)Item #07-01 - Neighborhood Empowerment Initiative (12/4/07)Item #07-34 - Carolina Ballet - Request for Contract (10/7/08)Item #07-40 - Council-Appointed Boards, Commissions and Committees - Composition

(11/18/08)Item #07-46 - Affordable Housing Task Force - Permanent Establishment (3/3/09)

Item #07-47 - South Saunders Street Area - Redevelopment Plan (4/7/09)Item #07-48 - Trains - Quiet Zones Downtown (4/7/09)

N. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. Text Change - Prohibit Industrial Facilities in Residential AreasThe Committee recommends the City Council direct Administration to prepare a textchange to create a new special use permit designation for compost facilities and authorizea public hearing for that text change upon completion of the ordinance.

2. Items PendingItem #03-29 - Development Standards - Fragile Neighborhoods (6/1/04)Item #05-42 - Sustainable Urban Landscapes and Hillsides (11/21/06)Item #07-02 - TC-5-07 - O&I Districts/FAR/Density Limitations (12/4/07)Item #07-10 - Tree Conservation Ordinance - Proposed Text Changes (1/22/08); Tree

Survey (9/2/08)Item #07-15 - TC-1-08 - Building Lot Coverage Within O&I Districts (4/1/08)Item #07-40 - Sedimentation Control Program -Proposed Text Change (11/18/08)Item #07-42 - Chavis Park Carousel (12/2/08)Item #07-47 - TC-1-09 - Site Plan Approval Standards (2/3/09)Item #07-49 - Proposed Text Change - Rezoning Process/Notifications (3/17/09)

O. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. Temporary Street Closings - NotificationThe Committee recommends this item be reported out of Committee with the Councildirecting Administration to monitor and address complaints by citizens regarding trafficissues and street closing notifications for special events.

2. Items PendingItem #07-06 - Cowper Drive Park - Stream Restoration/Stabilization (3/4/08)Item #07-14 - Signs on State Rights- of-Way-Human Relations Commission (10/7/08)Item #07-15 - Taxi Licenses - Requirements/Regulations (10/7/08); (1/6/09)Item #07-18 - Amplified Music Entertainment District (10/21/08)Item #07-20 - Lawsuit - Wayne and Gloria Johnson (11/18/08)

Item #07-22 - Tarboro Road Area - Public Safety Concerns (12/2/08)Item #07-23 - Georgetown Townhomes - Solid Waste Fees (2/3/09)Item #07-25 - Aurora Night Club - Concerns (4/07/09)

P. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. No report.2. Items Pending

Item #07-08 - Traffic Calming - Birnamwood Road (1/8/08)Item #07-27 - Traffic Concerns - Five Points Area (7/15/08)

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Item #07-29 - Trenton Road - Bicycle/Pedestrian Path (8/5/08)Item #07-32 - Neighborhood Traffic Management Program (9/2/08)Item #07-34 - Roanoke Park - Concerns (9/2/08)Item #07-36 - Residential Permit Parking - Visitor Passes (9/2/08)Item #07-38 - TC-8-08 - Increased Stormwater Management Requirements (9/16/08)Item #07-46 - Street Closing - Davie Street/Empire Properties (11/4/08)

Item #07-49 - Pedestrian Improvements - Lineberry Drive (1/6/09)Item #07-50 - Park Master Plan Study (1/22/09)Item #07-51 - No Parking Zone - Trenton Woods Way and Tree Side Court (2/3/09)Item #07-52 - Easement Concerns - 4709 Scollay Court (2/3/09); Clearing (4/7/09)Item #07-54 - Traffic Concerns - Reaves Drive (3/3/09)Item #07-55 - Solid Waste Services - Need Assistance Program (3/17/09)Item #07-56 - Pedestrian Crosswalks - Method Road (4/7/09)

Q. REPORT OF MAYOR AND COUNCIL MEMBERSR. APPOINTMENTS

The following committees have appeared on past agendas and some nominations have beenmade. The Council may take action to make appointments or if the nominations have not beenclosed, which would be indicated on the agenda, additional nominations may be made on theballot in the agenda packet. An asterisk beside a name means that person is presently serving onthat board or commission.

Hillsborough Street Community Service Corporation - Two Vacancies

Joyce Kekas (Meeker)

Telecommunications Commission - One Vacancy

No nominees.

S. NOMINATIONSAppearance Commission - Two Vacancies

The terms of Willie Hood and James Redmond Harris are expiring. Both are eligible forreappointment. Mr. Hood does not wish to be considered for reappointment.

Arts Commission - One Vacancy

The term of Ann Tharrington expires in April. She has served since 2007, has a good attendancerecord and is eligible for reappointment. She would like to be considered for reappointment.

Board of Adjustment - Two Vacancies

The terms of regular members Mildred Flynn and Kenneth Heywood are expiring in May andJune. Both have served since 2003; therefore, are not eligible for reappointment. According topast Council practice, the Council would consider moving the two alternate members - Charles

Coble and Timothy Figgins - to regular slots and declaring vacancies for two alternate members.Centennial Authority - Two Vacancies

The terms of Jessie Taliaferro and Bill Mullins are expiring. Both are eligible for reappointmentand would like to be considered for reappointment.

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T. REPORT AND RECOMMENDATION OF THE CITY ATTORNEYU. REPORT AND RECOMMENDATION OF THE CITY CLERK

1. Minutes of the April 7, 2009, Council meeting will be presented.2. A copy of a proposed agreement with the Wake County Board of Elections to handle all

election related items for the City of Raleigh is in the agenda packet. It is recommendedthat the Council authorize execution of the agreement.
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Documents

City Council Agenda4-21