Raleigh City Council Minutes - 04/07/2015 · Web viewCOUNCIL MINUTES The City Council of the City...

COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, April 7, 2015 in the City Council Chamber, Room 201 of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 W. Hargett Street, Raleigh, North Carolina, with the following present.

Mayor Nancy McFarlane, PresidingMayor Pro Tem John OdomCouncilor Mary-Ann BaldwinCouncilor Kay C. CrowderCouncilor Bonner GaylordCouncilor Wayne K. MaioranoCouncilor Russ StephensonCouncilor Eugene Weeks

Mayor McFarlane called the meeting to order. An Invocation was rendered by Councilor Weeks. The Pledge of Allegiance was led by Councilor Maiorano.

The following items were discussed with action taken as shown.

JOINT HEARING WITH THE PLANNING COMMISSION

TC-5-15 – FIRE PREVENTION FEE SCHEDULE/SUNSET INVESTED RIGHTS – HEARING – REFERRED TO THE PLANNING COMMISSION

This was a joint hearing with the Planning Commission. Planning Commission members present for the hearing were: Chairperson Schuster, Mr. Fleming, Mr. Terando, Mr. Baun, Mr. Swink, Ms. Hicks, Mr. Fluhrer, and Mr. Whitset.

Planner Crane pointed out this is a text change to amend Part 5 Public Safety Ordinance to remove development-related fees from the ordinance, as the fees are already contained within the development fee guide. The text change would also repeal Sections 10-2132.2 (j) and (k) from the Part 10 Zoning Ordinance as these provisions are contained within Part 10A of the Unified Development Ordinance. All site plan sunset regulations and invested rights hearing procedures would be regulated by the UDO.

The Mayor opened the hearing no one asked to be heard, thus the hearing was closed and the matter was referred to the Planning Commission.

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RECOGNITION OF SPECIAL AWARDS

CERTIFICATE OF APPOINTMENT – VARIOUS – PRESENTED; RESIGNATION FROM APPEARANCE COMMISSION - ANNOUNCED

Mayor McFarlane presented a Certificate of Appointment to the following: Tika Johnson Hicks – Planning Commission; Craig S. Ralph, Raleigh Transit Authority and Dove Rhodes, Convention Center Commission.

In response to questioning from Ms. Baldwin, Ms. Hicks pointed out she is officially submitting her resignation from the Appearance Commission.

PROCLAMATION – FAIR HOUSING MONTH – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming April 2015 as Fair Housing Month in the City of Raleigh. Kevin Smith, Senior Community Specialist with the City of Raleigh, accepted the proclamation and reminded all of the Fair Housing Conference which is scheduled for Friday, April 10 at the McKimmons Center. He invited all to attend.

PROCLAMATION – RALEIGH HISTORY MONTH – PROCLAIMED

Brynn Hoffman, Assistant Manager of the Historic Sights for the City of Raleigh, was at the meeting to receive a proclamation proclaiming April 2015 as Raleigh History Month in the City of Raleigh. In accepting the proclamation, Ms. Hoffman talked about the Raleigh Heritage Trail and its 10 member organization which are promoting April 2015 Raleigh History Month to encourage Raleigh citizens to visit, learn from and enjoy the historic sites located in and around the City of Raleigh.

PROCLAMATION – NATIONAL SERVICE RECOGNITION DAY – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming April 7, 2015 as National Service Recognition Day in the City of Raleigh. In accepting the proclamation, Jodi Ballard talked about the number of AmeriCorps and the number of participants in the City. She talked about it being a nationwide bipartisan program and talked about the work she has done in the City of Raleigh. She talked about the goals of fostering volunteerism and presented Council members with “I volunteer” t-shirts.

PROCLAMATION – NATIONAL TELECOMMUNICATOR’S WEEK – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming the week of April 12 thru April 18, 2015 as the National Telecommunicator’s Week in the City of Raleigh. The Proclamation was accepted by Deputy Director of the Emergency Communications Center Catherine Clark.

City Manager Hall recognized Stephanie Barnard and Christopher Miller as Emergency Communication Center Employees of the Year. He also recognized TJ Dunken, the Emergency

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Communications Center Rookie of the Year and told of their work as employees of the City of Raleigh.

AGENCY GRANTEE PRESENTATION – BURNING COAL THEATER – RECEIVED

The Artistic Director of Burning Coal Theater was at the meeting to express appreciation to the City of Raleigh including the City of Raleigh Arts Commission. He talked about the partnership between Burning Coal Theater and the City of Raleigh for the last 18 years and pointed out the work they do would not be possible without the cooperation of the Arts Commission and commended Arts Director Jerry Balas for his work. He went over various activities they have participated in the last year including the number of plays, fund raising events, presentations in London, work with various other non profits, utilization of their facility by different school groups, dance companies, the Berlin Wall exhibit, helping, help construct a new theater, work with various middle schools, etc. He stated he feels the work they have been able to do with the cooperation and support of the City of Raleigh shows that the process the City has in place is appropriate for world class ideas.

CONSENT AGENDA

CONSENT AGENDA – APPROVED AS AMENDED

Mayor McFarlane presented the consent agenda indicating all items are considered to be routine and may be enacted by one motion. If a Councilor requests discussion on an item, the item will be removed from the consent agenda and considered separately. She explained the vote on the consent agenda will be a roll call vote. Mayor McFarlane stated she had received a request from Mr. Weeks to withdraw the item relating to encroachment on various streets and a request from Mr. Stephenson to remove the Sandy Forks Road widening project – condemnation requests. Without objection those items were withdrawn from the consent agenda. Mr. Weeks moved approval of the consent agenda as amended. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. The items on the consent agenda were as follows.

CHARLES DRIVE – REQUEST MADE TO BOARD OF TRANSPORTATION

Charles Drive is currently a loop road that connects to Lead Mine Road in two places. A development proposal will modify a majority of the western part of the loop road without affecting either of the two existing connection points to Lead Mine Road. The exhibit included in the agenda packet shows the location of the existing 60-foot right-of-way and the proposed 64-foot right-of-way.

Charles Drive will be reconstructed in the proposed location to meet the Neighborhood Street section of the Unified Development Ordinance, including a 64-foot right-of-way and 36-foot back of curb to back of curb dimensions. Sidewalks and street trees will be installed on both sides of Charles Drive in accordance with the Pedestrian Business Overlay District conditions pursuant to zoning case Z-7-2012. Council action is required to petition the Board of

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Transportation for the permanent transfer of maintenance responsibility for Charles Drive to the City.

Recommendation: Authorize staff to request the Board of Transportation to formally transfer maintenance responsibilities. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes.

ANNEXATION PETITION – THE BLUFFS AT BRIER CREEK – REFERRED TO CITY CLERK TO CHECK SUFFICIENCY AND SCHEDULE HEARING

The agenda presented the following petition for annexation.

Contiguous Petition Petitioner Acres Proposed Use

The Bluffs at Brier Creek

Phillip J. Stoffregan, Pedcor Investments

25.95 Residential

Recommendation: Acknowledge the annexation petition and direct the City Clerk to check the sufficiency pursuant to State statutes and if found sufficient authorize advertisement for public hearing on May 19, 2015. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes.

HOUSING AND URBAN DEVELOPMENT – CONSOLIDATED PLAN/ANNUAL ACTION PLAN – PUBLIC HEARING AUTHORIZED

The Department of Housing and Urban Development (HUD) requires entitlement communities under the Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Solutions Grant (ESG) programs to conduct two public hearings annually. Raleigh is designated as an entitlement community under these federal programs. The first hearing was held December 2, 2014 to obtain citizen views on housing and community development needs, including priority non-housing community needs. A second hearing is required prior to the annual May submission to HUD of the either the Consolidated Plan or the Annual Action Plan of the City.

Recommendation: Schedule a public hearing for April 21, 2015. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes.

EASEMENT EXCHANGE – WAKEMED NORTH – RESOLUTION OF INTENT ADOPTED

WakeMed Property Services has requested the exchange of approximately 28,061 square feet of existing transit easement area for a new transit easement area containing approximately 194 square feet. WakeMed Property Services has also requested the exchange of approximately 10,413 square feet of existing cross-access easement area for a new cross-access easement area containing approximately 5,281 square feet. With the realignment of the cross-access easement, the existing bus stop is being relocated and the existing transit easement area is no longer necessary. Since the new infrastructure alignment and proposed exchange renders the City

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whole in its ability to provide ongoing transit services and access across the property, as is the case with the existing alignment, no monetary consideration is recommended by staff as a condition of the exchange.

Recommendation: Approve the transit easement and cross-access easement exchange and authorize the publishing of a Notice of Intent pursuant to state statutes to conclude the property interest exchange. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes. See Resolution 74.

EMERGENCY COMMUNICATION – EQUIPMENT LEASE – MANAGER AUTHORIZED TO EXECUTE AGREEMENT

AT&T provides phone line services for the Raleigh-Wake 911 Center. The 911 Center has been working closely with AT&T in preparation for relocation of operations to the new primary site in the Critical Public Safety Facility currently under construction on Raleigh Boulevard. Associated with the relocation of operations, the existing phone systems will be upgraded to the latest technology and additional phone lines will be added to accommodate the increased size of the new 911 center. Upgraded phone systems will also be installed at the backup 911 site located on Barwell Road behind Fire Station 26.

The phone systems are leased for three years. The annual lease cost and maintenance for the upgraded phone systems is $594,744 for the primary site and $217,416 for the backup site. This represents an annual increase of $242,253 over the current lease and maintenance agreement. The one-time cost for installation and training is $167,642 for the primary site and $94,462 for the backup.

All costs are paid with funds from the State of North Carolina Emergency Telephone Systems fund, which is supported with fees collected on landline and cellular telephone bills. Funding is programmed for inclusion in the FY2015-16 budget for both the one-time and annual costs.

Recommendation: Authorize the City Manager to execute the contract. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes.

NORTH CAROLINA STATE UNIVERSITY – NATIONAL TRANSIT DATA BASE REPORTING - MEMORANDUM OF AGREEMENT – MANAGER AUTHORIZED TO EXECUTE

North Carolina State University (NCSU) operates a university transportation system but has not pursued designation as a Federal Transit Administration (FTA) grantee primarily due to the stringent reporting requirements associated with the designation. There is benefit to the City, however, if NCSU transit data is included in the National Transit Database.

Beginning in 2011, NCSU and the City have operated under a Memorandum of Agreement (MOA) which outlines guidelines for the distribution of federal funds generated by annual reporting of NCSU transit data to the National Transit Database. Staff views this arrangement as advantageous since City funds are committed to transit projects in and around the NCSU campus

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from which benefit is derived by all citizens of Raleigh. Under the terms of the MOA, an annual outlay of up to $350,000 is provided to NCSU; the City in turn receives an equal allocation of funding from the Capital Area Metropolitan Planning Organization to offset the distribution. A copy of the MOA is included with the agenda packet.

Recommendation: Authorize the City Manager to execute the agreement. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes.

MITCHELL MILL ROAD WIDENING – MITIGATION PAYMENT – MANAGER AUTHORIZED TO EXECUTE CONTRACT WITH EBX

The Mitchell Mill Road widening project was approved following a public hearing on December 2, 2014. As part of the project the City will incur compensatory mitigation obligations for stream impacts related to the reconstruction of two stormwater culverts. State statutes direct that preference be given to a compensatory mitigation bank rather than payment directly to the State if that option is available.

In accordance with City policy for the procurement of professional services, a request for proposals was issued to known Compensatory Mitigation Banks in the same hydrological unit where the project is located and also advertised on City website. Staff received proposals from two mitigation banks; Environmental Banc & Exchange, LLC (EBX), an RES Company, submitted the lowest cost proposal to the City.

The mitigation payment due to the North Carolina Ecosystem Enhancement Program would amount to $318,502 if paid directly to the State; the proposal from EBX for the mitigation credits is in the amount of $305,690, resulting in a savings to the City of $12,812. Funding for the mitigation payment is appropriated in the project budget.

Recommendation: Authorize the City Manager to execute a contract with EBX, an RES Company, for a one-time payment in an amount not to exceed $318,502. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes.

CAMPO – COMMUNITY SCENARIO PLANNING INITIATIVE – MANAGER AUTHORIZED TO EXECUTE AGREEMENT

The Capital Area Metropolitan Planning Organization (CAMPO) is partnering with the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) to develop the scenario planning element of the 2045 Metropolitan Transportation Plan (MTP). This work will address the interrelationship between land use and transportation and will be used to support the improvement of regional travel demand forecasting models. The City of Durham, on behalf of the DCHC MPO, will manage consultant services to develop the joint scenario planning tool. CAMPO’s share of the cost is $42,768, which has been appropriated in the operating budget.


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CAMPO – TRIANGLE REGIONAL FREIGHT PLAN – MANAGER AUTHORIZED TO EXECUTE AGREEMENT

CAMPO is partnering with the North Carolina Department of Transportation and the Durham-Chapel Hill-Carrboro MPO to develop the Triangle Regional Freight Plan. The purpose of the study is threefold: to conduct a comprehensive regional study of freight, goods movement, and services mobility needs; to develop a framework to proactively address freight and good movement mobility needs and challenges in our region; and to examine all freight modes with emphasis on trucks, rail, and air cargo recommendations. This effort will also serve as the freight planning element of the 2045 Metropolitan Transportation Plan (MTP). The City of Durham, on behalf of the DCHC MPO, will manage consultant services to develop the joint freight plan. CAMPO’s share of the cost of the project is $120,000, which has been appropriated in the operating budget.


PERSONNEL – RECLASSIFICATIONS – APPROVED

The following positions were submitted for classification review. The fiscal impact of the reclassifications will be addressed within existing salary and benefit appropriations. The following changes are recommended:

Human ResourcesEmployee Relations and Recruitment Manager (code 0414; PG 40; position 1240) and Human Resources Manager (code 0440; PG 38; position 1242) to Senior Human Resources Manager (code 0414; PG 40)

Parks, Recreation, and Cultural ResourcesMaintenance Worker II (code 4406; PG 26; position 3299) to Equipment Operator III (code 4013; PG 27)

Assistant Crew Supervisor (code 4105; PG 28; position 3232) to Gardener (code 2108; PG 27)

Public WorksTraffic Signal Systems Manager (code 4527; PG 38; position 1311) to Signal System Manager (code 4527; PG 40)

Recommendation: Approve the reclassifications. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes.

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PERSONNEL – DEVELOPMENT SERVICES - FOUR POSITIONS – APPROVED – FUNDS APPROPRIATED

The agenda presented the following recommendation relating to four positions in Development Services

Staff anticipates an increase in workload related to the issuance and inspection of permits for work in the right-of-way. After reviewing workload data and permit fee revenue estimates, staff recommends the addition of two Development Services Technician II positions (PG 31; JC 000039) to receive, review and process permit applications and two Transportation Inspector positions (PG 31; JC 001010) to inspect completed telecommunications infrastructure work.

Costs associated with these positions will be fully offset by the revenue generated from permitting and other related fees. The request for additional positions and the associated classifications has been reviewed by the Human Resources Department. The 2015 budget impact of this request, including associated supplies and equipment, is estimated at $49,657; the fully annualized budget impact is estimated at $230,599. A budget amendment in the amount of $49,657 is required to appropriate the anticipated permit fee revenue and to establish the expenditure budget to cover the personnel and associated equipment cost for the remainder of the current fiscal year.

Recommendation: Authorize the addition of four full-time positions and authorize the associated budget amendment in the amount of $49,657. Accounting details were included with the agenda packet. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes. See Ordinance 412 TF 248.

PERRY CREEK PARK MASTER PLAN – BUDGET AMENDMENT – APPROVED

A budget amendment is necessary to appropriate funds received from 5401 North, LLC, in accordance with the Memorandum of Agreement executed October 14, 2014, for the cost of planning the park and facilities at the Perry Creek Road Property.

Recommendation: Authorize a budget amendment in the amount of $75,000. Accounting details are included with the agenda packet. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes. See Ordinance 412 TF 248.

LOWER CRABTREE CREEK NORTH SEWER OUTFALL – BID AWARDED TO PARK CONSTRUCTION OF N.C. INC.

This is a second contract for the Lower Crabtree North Sewer Outfall and includes the installation of approximately 2,700 feet of 18-inch and 1,200 feet of 12-inch sanitary sewer lines. The main extension begins at Rogers Lane near Anderson Point Park and terminates in the vicinity of Kings Parkway in east Raleigh. Included with the project is the abandonment of two sanitary sewer pump stations. A transfer in the amount of $1,259,859 is required to fund the

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contract; accounting detail is included with the agenda packet. The balance of the funding requirement is appropriated in the project budget.

Name of Project: Lower Crabtree Creek North Sewer Outfall - Contract Two

Managing Division: Public Utilities - Capital Improvements DivisionApproval request: Bid AwardReason for Council review: Formal Bid AwardOriginal CIP Budget: N/A (multi-phase and project combinations)Construction Bid Award: $1,752,965Vendor: Park Construction of N.C., Inc.Prior contract activity: N/AEncumbered with this approval: $1,752,965

Recommendation: Award the contract to Park Construction of N.C., Inc. and authorize the City Manager to execute the contract. Authorize the associated transfer of funds in the amount of $1,259,859. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes. See Ordinance 412 TF 248.

TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED

The agenda presented recommended changes in the Traffic Code relating to speed limit reduction on Beaufort Street/New Market Way/Wilmington Drive pursuant to requests which meets all of the requirements of the adopted neighborhood traffic management program and no parking on Wesvill Court pursuant to a request received from York Properties to help improve traffic flow in site distance issues at the entrance to Market Place. The agenda outlined the exact locations involved.

Recommendation: Authorized the appropriate changes to the Traffic Code as included in the agenda packet. Upheld on Consent Agenda Weeks/Baldwin – 8 ayes. See Ordinance 413.

END OF CONSENT AGENDA

ENCROACHMENT – VARIOUS STREETS IN CAMERON VILLAGE AREA – APPROVED

A request has been received from Fiber Technologies Networks, LLC to install fiber optic cable. A report was included with the agenda packet.

Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant.

Mr. Weeks stated he withdrew this from the Consent Agenda questioning if this will serve businesses or homes or exactly what is occurring. Public Works Engineer Paul Kallam indicated it will serve both businesses and residents. We have approved several of these in different locations before and it incorporates businesses and residents. Mr. Weeks moved approval. His

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motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

SANDY FORKS ROAD WIDENING PROJECT – CONDEMNATION REQUEST – RESOLUTIONS ADOPTED; INFORMATION TO BE PROVIDED ON SUBSEQUENT REQUESTS

Sandy Forks Road is classified as a two-lane divided avenue in the Comprehensive Transportation Plan and carries an average of 9,000 - 13,000 vehicles per day. The project will include the widening and rehabilitation of Sandy Forks Road between Six Forks Road and Falls of Neuse Road. Project design was approved by Council September 4, 2012 and the project goals include will improving traffic capacity and congestion, pedestrian connectivity, safety, and provide a multi-modal solution between the residential and retail/business districts at each end of the corridor.

The work scope includes engineering design, surveying, subsurface utility engineering, right-of-way and easement acquisition, and bidding/contracting services to provide construction drawings suitable for letting the project. The overall objective of the project is to improve traffic capacity and congestion, pedestrian connectivity, safety, and to provide a multi-modal solution between the residential and retail/business districts at each end of the corridor while promoting Complete Street design standards. The project is funded by 2013 General Obligation transportation bonds approved by the public in referendum.

In support of the project, efforts have been unsuccessful to obtain needed easements; therefore it is recommended that a resolution of condemnation be authorized for the following parcels and properties:

Property Owner: Dewayne E. Williams and Janet M. WilliamsLocation: 6505 Raceview CourtProperty Owner: Heather Goodykoontz and Robert A. GoodykoontzLocation: 6501 Raceview CourtProperty Owner: Roupen L Keusseyan and Karen L. KeusseyanLocation: 6504 Raceview CourtProperty Owner: Willa S. HarrisLocation: 6205 Sandy Forks RoadProperty Owner: Mario A. Gonzales and Chantelle R. GonzalesLocation: 312 Woods Ream DriveProperty Owner: Kum Sun Carroll and Lynn E. CarrollLocation: 6212 Sandy Forks RoadProperty Owner: Walter Douglas Bunn and Elizabeth A. BunnLocation: 208 Windfield CourtProperty Owner: Logan Teachey, Arlette J. Fernandez and Ubaldo Torres RodriguezLocation: 209 Windfield Court

Recommendation: Adopt resolutions of condemnation.

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Mr. Stephenson stated he removed this from the consent agenda pointing out he is in support of the project going forth. He stated however he is sensitive to any condemnation procedure and is just interested in how much land is being taken. He stated it would be good if that information could be provided on future requests. With that comment and request, Mr. Stephenson moved adoption of the resolutions of condemnation. His motion was seconded by Mr. Gaylord and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolutions 75, 76, 77, 78, 79, 80, 81 and 82.

REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

REZONING Z-37-14 – BRIER CREEK PARKWAY – PUBLIC HEARING AUTHORIZED FOR MAY 5, 2015

This is a request to rezone property from Shopping Center Conditional Use District & Thoroughfare Conditional Use District with Planned Development District (SC CUD & TD CUD w/PDD) to Commercial Mixed Use-7 stories-Conditional Use (CX-7-CU)

CR-11620 from the Planning Commission finds the request consistent with the Comprehensive Plan and recommends approval. A public hearing must occur by June 2, 2015.

Planning Commission Chair Steve Schuster was available to answer questions. Mr. Stephenson pointed out this is a 9 acre tract in a City Growth Center and he sees the CAC had a split vote and questioned why. Attorney Michael Birch, the applicant’s representative, explained the people at the CAC were there for another case and did not really understand or were not really interested in this case. This case is simply changing a portion of the existing planned development to a commercial district.

Mr. Stephenson stated we need to have an answer to this type question from an independent staff person at that CAC which was not the case. He talked about his questions which relate to this case possibility tripling the development density, no discussion about urban form nor frontages. E expressed concern about Condition 2 and frontage. Planning Director Bowers explained the condition mimics build-to in parking Limited. After discussion on the public hearing date, Ms. Baldwin moved a public hearing be scheduled for May 5, 2015. Her motion was seconded by Mr. Gaylord and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

REZONING Z-3-15 – LEESVILLE ROAD – PUBLIC HEARING – AUTHORIZED FOR MAY 5, 2015

This is a request to rezone property from R-1 to R-6 (General Use).


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Planning Commission Schuster was present to answer questions. After discussion on the best public hearing date, Ms. Baldwin moved a public hearing be scheduled for May 5, 2015. Her motion was seconded by Mr. Gaylord and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

REZONING Z-35-13 – HILLSBOROUGH STREET – REQUEST FOR WAIVER OF TWO YEAR WAITING PERIOD – APPROVED

This is a request for a waiver of the 24-month waiting period for submitting a new rezoning proposal in place of Z-35-13 denied by City Council on March 3, 2015. Granting this request will allow submittal of a new rezoning request for the subject properties before March 3, 2017.

CR-11622 from the Planning Commission finds that the anticipated change in zoning district represents a substantially changed proposal from the previous case, and thereby meets the grounds of Section 10-2165(d)(2)d. The Planning Commission recommends approval. Planning Commission Chair Schuster was present to answer questions.

Mr. Stephenson talked about this case and discussions which took place at public hearing relative to the massing and height of buildings, traffic and other neighborhood concerns which were put forth on Z-35-13 and his hope that will be a part of any new case. After discussion on the best time to hold a public hearing, Ms. Baldwin moved the public hearing be scheduled for May 5, 2015. Her motion was seconded by Mr. Gaylord and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

REZONING Z-33-14 – TRYON ROAD – REFERRED TO COMPREHENSIVE PLANNING COMMITTEE

This is a request to rezone property from Residential-10 w/Special Residential Parking Overlay District & Special Highway Overlay District-1 (R-10 w/SRPOD & SHOD-1) to Neighborhood Mixed Use-7 Stories-Conditional Use w/Special Residential Parking Overlay District & Special Highway Overlay District-1 (NX-7-CU w/SRPOD & SHOD-1).


Ms. Crowder asked that the item be referred to the Comprehensive Planning Committee. She stated she would like to see a better traffic study conducted explaining people already have problems with ingress and egress on to Tryon Road. She talked about problems with turning movements.

Mr. Weeks indicated this case is located across the street from Watts Chapel and stated a traffic impact analysis would be good. He also questioned 4.1 in the staff’s report relating to transportation with Planning Director Bowers indicating that talks about street connection. He explained however in this particular case there is no place for the stub streets to go as the property is adjacent to I-40. Mr. Weeks asked about Section 4.6 pointing out the City Council

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just went through a large discussion about tree conservation areas. He questioned if some language should be added. Mr. Bowers talked about the language in the UDO relative to tree conservation areas and how build-to trumps. He talked about the condition deals with built-to and indicated the condition would trump the tree conservation area.

Mr. Stephenson talked about site access and his concern about the City Council’s inability to talk about site access at the zoning level and the fact that it is left to staff. He stated he has been talking about this and will bring forth a text change that would address the issue of site access being a part of the rezoning process. Without further discussion the item was referred to Comprehensive Planning Committee.

REZONING Z-34-14 – CREEDMOOR ROAD – PUBLIC HEARING AUTHORIZED FOR MAY 5, 2015

This is a request to rezone property from R-4 to OX-3-CU.


After brief discussion, Ms. Baldwin moved that the Council establish a public hearing on May 5, 2015. Her motion was seconded by Mr. Gaylord and put to a vote which passed unanimously. He Mayor ruled the motion adopted on an 8-0 vote.

SPECIAL ITEMS

SU-1-14 – PERSON STREET BAR – OUTDOOR AMPLIFICATIONS PERMIT – APPROVED

During the September 16, 2014 City Council meeting, a provisional special use permit was authorized for a six-month period to allow outdoor amplification for the Person Street Bar. The special use permit included a provision that this matter would be placed on the next City Council agenda following expiration of the provisional permit with the understanding at that time the City Council may, if it so desires, renew the special use permit for a one-year period at no cost to the applicant provided the operation of the business has not been shown to be detrimental to the neighborhood.

The item is placed on this agenda per Council direction for consideration and for direction to be provided to staff.

Michael Walters explained the request, the public hearing, and the provisional special use permit which was issued for a six month period. That time has expired and staff needs direction from Council. In response to questioning, Mr. Walters stated he understands there have been calls to the area relating to loud music, intoxicated person, a non-residential issue, security check and trespassing. Captain Davis of the Raleigh Police Department indicated he understands there have been 9 calls to the establishment most not directly related to the establishment. There have

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been no significant calls or issues relating to the special use permit. It was pointed out one of the owners is present and would be glad to answer questions.

Ms. Baldwin moved extension of the special use permit for a one year period. Her motion was seconded by Mr. Gaylord and put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

REPORT AND RECOMMENDATION OF THE CITY MANAGER

SIDEWALK IMPROVEMENT PROJECTS – 2014 GROUP A – PROJECTS AUTHORIZED TO PROCEED

Funding for the following sidewalk improvement projects is available from the proceeds of the 2011 Transportation Bond:

Bloodworth Street (Martin Luther King Jr. Boulevard to Worth Street) Blount Street (Bragg Street to Hoke Street) Hoke Street (Blount Street to Person Street) Person Street (Hoke Street to Bragg Street) Oakwood Avenue (Carver Street to Raleigh Boulevard) Millbrook Road (Bennettwood Court to Lead Mine Road) Raleigh Boulevard (Crabtree Bridge to I-440 WB)

A public meeting was held February 12, 2015 to present design information and preliminary right-of-way and easement needs. The project was approved by the Bicycle and Pedestrian Advisory Commission on March 16, 2015. Staff has prepared plans showing the proposed improvements. It is now appropriate to present the project to City Council for review of the design and final authorization of the projects. A memorandum was included with the agenda packet.

Recommendation: Authorize the projects to proceed. City Manager Hall pointed out staff has a PowerPoint to describe the projects that can be shown or staff would be glad to simply response to questions. The backup materials had maps showing the locations, existing conditions, details on the length of the project, typical cross selections, right-of-way, access control, intersection treatments, medians, impacted parkings, sidewalks, landscaping, traffic control, utilities, social and environmental data, estimated cost for each project and no assessments involved. Mr. Weeks move approval. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

NEW HOPE CHURCH ROAD – SIDEWALK PROJECT – AUTHORIZED

On January 2, 2013 the City Council adopted the Comprehensive Pedestrian Plan which promotes a walkable Raleigh by recommending safe and convenient pedestrian facilities and continuous connectivity throughout the City. The pedestrian plan ranks the New Hope Church

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Road Sidewalk Improvements project second out of 211 total projects. Funding for the sidewalk improvement is included in the 2011 Transportation Bond.

A public meeting was held March 5, 2015 to present design information and preliminary right-of-way and easement needs. The project was approved by Bicycle and Pedestrian Advisory Commission on March 16, 2015. Staff has prepared plans showing the proposed improvements. It is now appropriate to present the project to City Council for review of the design and final authorization of the project. A memorandum was included with the agenda packet.

Recommendation: Authorize the project to proceed.

City Manager Hall pointed out Council members received a detailed memorandum in the agenda packet which included information on the background of the project, purpose and history of the project, engineering data, the proposed 3,343 feet length, existing conditions, typical cross sections, medians, intersection treatment and control, no impact on parking, no additional landscaping, and the estimated cost is $350,000 and no assessment. Mr. Odom moved approval of the project proceeding as outlined. His motion was seconded by Mr. Weeks and put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

STRATEGIC PLAN – APPROVED AS AMENDED

During the March 19, 2015 budget work session, Council reviewed the draft strategic plan and recommended changes to two components. Council directed staff to modify the plan and propose final plan language for Council to consider and act on a final version of the elements of the strategic plan, which include the key focus areas, objectives, and initiatives.

Included with the agenda packet is the final version of the strategic plan for Council review and approval.

Recommendation: Adopt the strategic plan.

Mr. Stephenson pointed out in light of Odom’s concern about forcing people to live healthy life styles he would suggest amending Objective 4, initiative one to read, “develop tools and strategies that eliminates barriers to healthy life style choices” into the planning process. With that change Ms. Baldwin moved approval. Her motion was seconded by Mayor McFarlane and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote. The adopted plan is as follows:

Arts & Cultural Resources: Embrace Raleigh’s diverse offerings of arts and cultural resources as iconic celebrations of our community that provide entertainment, community and economic benefit

Objective 1: Position Raleigh as a nationally recognized entertainment, cultural and tourism destination.

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Initiative 1: Develop a comprehensive brand and marketing campaign to market Raleigh as the “Southern Capital of Arts and Culture.”

Initiative 2: Explore the feasibility of partnering with the private sector to establish a unified arts and culture foundation.

Initiative 3: Complete development of the Raleigh Arts plan.

Objective 2: Protect, enhance and develop unique places that reflect the City’s character, history and values.

Initiative 1: Develop partnerships to define, inventory and evaluate needs for Raleigh’s unique places.

Initiative 2: Develop a long-term vision and goals for Raleigh’s historic assets. Initiative 3: Conduct a market study for the Performing Arts Center to identify

opportunities to improve facilities and programs.

Objective 3: Create initiatives and partnerships that foster diverse and innovative arts, cultural and tourism opportunities.

Initiative 1: Develop a plan to increase diverse arts and cultural activities throughout all geographical areas of Raleigh.

Initiative 2: Identify future destination facilities that support and enhance arts, culture and convention activities.

Initiative 3: Identify opportunities to integrate the convergence of arts and technology.

Economic Development & Innovation: Maintain and grow a diverse economy through partnerships and innovation to support large and small businesses and entrepreneurs, while providing employment opportunities for all citizens.

Objective 1: Attract, retain and engage a talented workforce of various ages, skill sets and backgrounds to support a diverse and growing economy.

Initiative 1: Partner with the Chamber to undertake a local labor force profile and analysis.

Initiative 2: Convene a regional forum of educational organizations to build strategies for providing programs and degrees to meet workforce needs.

Initiative 3: Continue to partner with non-profits on workforce development issues.

Objective 2: Cultivate an innovative and entrepreneurial culture based on shared strategic goals.

Initiative 1: Create partnerships and identify best practices to develop an innovation lab that will be the platform for small, start-up and minority-owned business development and education.

Initiative 2: Host regular forums with the business community to promote collaboration on economic development themes.

Initiative 3: Pursue joint business ventures with the private sector, State of North Carolina and local universities that encourage and implement creative projects that add jobs and investment in our community.

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Objective 3: Establish a strong economic development program that utilizes strategic policies and a comprehensive tool kit of resources to strengthen Raleigh and encourages business investment in all parts of the City.

Initiative 1: Create the economic development tool kit containing policies and programs such as business grants, loans, innovation funding and small business assistance that support business recruitment, development and retention.

Initiative 2: Continue to refine, revise and improve the development review and permitting process.

Initiative 3: Develop a policy for strategic property disposition and acquisition.

Objective 4: Maintain and develop amenities and infrastructure specifically attractive to economic development.

Initiative 1: Explore alternate financing methods adequate for on-going maintenance, repair and expansion of necessary infrastructure for economic development.

Initiative 2: Develop downtown parking strategies to adequately support economic development.

Initiative 3: Partner with providers to facilitate high-speed broadband service.

Growth & Natural Resources: Encourage a diverse, vibrant built environment that preserves and protects the community’s natural resources while encouraging sustainable growth that complements existing development.

Objective 1: Develop and maintain adaptable services, policies and a regulatory framework that protects natural resources.

Initiative 1: Implement process improvement methodology, to include o regulatory process reviewo identification of best practiceso metrics for services, policies, regulations and incentives

Objective 2: Increase the connected network of green spaces that conserve natural resources and promote outdoor activity.

Initiative 1: Add amenities to greenway trails to increase and improve user experience. Initiative 2: Expand green space in Raleigh by creating an open-space plan including

criteria for land acquisition and pursuing non-City funding for land preservation.

Objective 3: Optimize public infrastructure projects to address community resiliency, sustainability and efficiency.

Initiative 1: Implement the climate energy action plan including the anaerobic digestion processes at the wastewater treatment plant, the renewable energy plan, and the fuel and fleet transformation recommendations.

Initiative 2: Evaluate all planned public infrastructure projects through a matrix and cross-departmental planning team designed to identify sustainability and resiliency along with interdepartmental, cross-agency and regional partnership opportunities.

Initiative 3: Build on recommendations of the Green Infrastructure Task Force, including an inventory of green infrastructure and the establishment of a green-infrastructure policy for City projects and facilities.

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Initiative 4: Implement strategies for City-wide waste reduction.

Objective 4: Facilitate improvements to the built environment that preserve and create neighborhoods of choice.

Initiative 1: Prioritize and complete area plans for neighborhoods poised for new investment.

Initiative 2: Align the Capital Improvement Program to support existing growth and to catalyze investment in targeted areas.

Initiative 3: Evaluate funding strategies for implementation and maintenance of streetscape, pedestrian and neighborhood enhancement projects.

Initiative 4: Adopt and implement a Complete Streets policy. Initiative 5: Create guidelines and standards for transit supportive development. Initiative 6: Support efforts to improve the state government complex.

Organizational Excellence: Foster a transparent, nimble organization of employees challenged to provide high quality, responsive, and innovative services efficiently and effectively.

Objective 1: Promote a culture that values continuous improvement, employs leading business practices and fosters financial stability.

Initiative 1: Develop and adopt a performance management philosophy that encourages innovation by:

o promoting continuous improvemento allowing evaluation of our financial condition, human capital and policies and

processeso aligning with community goals and priorities.

Initiative 2: Develop and implement stakeholder satisfaction surveys that have a visible and direct impact on decision making and service delivery.

Initiative 3: Develop and implement a comprehensive communications policy and plan to effectively tell the City of Raleigh’s story.

Initiative 4: Assess the organization’s ability to provide services during times of severe stress through a review of business continuity plans and resiliency principles.

Initiative 5: Establish a governance structure for maintaining organizational policies and procedures.

Initiative 6: Review the Sustainability Tools for Assessing and Rating (STAR) feedback to identify gaps and opportunities for community improvement.

Objective 2: Align facilities, staff and technology with organizational needs. Initiative 1: Increase accessibility of documents and records to internal and external

customers. Initiative 2: Continue to evaluate further development of the City’s institutional fiber

network for current and future facilities and sites. Initiative 3: Plan a centralized campus that provides easy access to staff and citizens and

promotes effective collaboration.

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Objective 3: Expand effective and equitable customer service that engages all stakeholders through transparency, cooperation and feedback.

Initiative 1: Develop and implement consistent customer service standards, training and evaluation organization-wide.

Initiative 2: Review the scope, structure and engagement of City boards, committees and commissions to enhance purpose and value in the policy-making process.

Initiative 3: Implement a Customer Relationship Management system to facilitate better customer service.

Objective 4: Recruit and retain a diverse, high-performing work force. Initiative 1: Identify core competencies and expectations for all employees hired and

working for the City. Initiative 2: Assess, develop and adopt a total compensation philosophy and structure

(to include pay, classification and employee performance evaluation systems). Initiative 3: Develop formal and structured career paths and succession-planning

processes to encourage employee cross-training and professional development. Initiative 4: Develop recruitment strategies to ensure the City attracts highly qualified

candidates while leveraging strengths of the local workforce.

Safe, Vibrant & Healthy Community: Promote a clean, engaged community environment where people feel safe and enjoy access to community amenities that support a high quality of life.

Objective 1: Promote a positive level of real and perceived safety that reflects a thriving atmosphere in which to live, work and play.

Initiative 1: Assess response needed for adequate police presence at entertainment venues and special events.

Initiative 2: Apply Crime Prevention through Environmental Design principles to increase and enhance safety in targeted areas throughout the City.

Initiative 3: Evaluate public safety staffing and facility needs in order to optimize public safety outcomes.

Objective 2: Preserve and increase the supply of housing for all income groups, including those with supportive service needs.

Initiative 1: Establish partnerships to provide for a homeless service resource center. Initiative 2: Expand partnerships to increase the supply of permanent housing for

formerly homeless and at-risk persons with special needs. Initiative 3: Seek new partnerships for the development of mixed-income housing in or

near the downtown area. Initiative 4: Replace the Scattered Site Policy with a tool that affirmatively sets forth

desired housing outcomes. Initiative 5: Evaluate funding strategies to support affordable housing; review, modify or

expand housing programs and tools.

Objective 3: Endorse targeted redevelopment through walkable, mixed-use and mixed-income neighborhoods.

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Initiative 1: Prepare and adopt plans for targeted areas characterized by disinvestment and consider funding strategies to implement plan components.

Initiative 2: Identify and address acquisition priorities in redevelopment areas to eliminate blight and create critical land mass for future development.

Initiative 3: Strengthen neighborhood social fabric through community outreach, engagement and communication.

Objective 4: Enhance our citizens’ quality of life by providing a well-designed community that facilitates active living.

Initiative 1: Develop tools and strategies that eliminate barriers to healthy lifestyle choices in the planning process.

Transportation & Transit: Develop an equitable, citywide transportation network for pedestrians, cyclists, automobiles, and transit that is linked to regional municipalities, rail, and air hubs.

Objective 1: Develop a unified and coordinated transportation and land use vision implemented through effective and efficient project delivery.

Initiative 1: Review and evaluate project delivery process. Initiative 2: Develop and communicate the City’s vision for transit, transportation and

land use. Initiative 3: Review regional data, growth projections, development potential and area

planning and reflect data in investments in transportation capital projects.

Objective 2: Enhance the safety, maintenance, convenience and appearance of the transportation network in order to give more people more choices.

Initiative 1: Identify and implement projects that strengthen connections between modes.

Initiative 2: Evaluate usage data and public feedback to modify and improve the transportation experience with emphasis on bus cleanliness, safety, amenities and on-time service.

Initiative 3: Develop a three- to five-year plan for maintenance and improvements coordinated with available funding sources.

Initiative 4: Make investments to position select greenway trails as transportation options.

Objective 3: Connect the City’s transportation network to the region through partnerships.

Initiative 1: Evaluate existing relationships; explore and develop potential partnerships that would improve regional mobility.

Initiative 2: Host an annual regional transportation summit. Initiative 3: Support the Wake Transit Investment Study.

Objective 4: Establish Raleigh as the leader in transportation innovation. Initiative 1: Identify and implement pilot projects to test transportation innovations for

widespread use. Initiative 2: Examine and plan for alternative fuel technologies for transit services.

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FIRE STATION 14 – RELOCATION – STAFF AUTHORIZED TO PROCEED WITH 3510 HARDEN ROAD LOCATION

Fire Station 14, commissioned in 1974, is located at 4220 Lake Boone Trail and is rapidly deteriorating due to age. The existing facility lacks needed interior and exterior square footage to meet current and future operational public safety service requirements. In FY 2013, Council approved a capital improvement project, funded by bonds, for the purchase of land and the construction a new Fire Station 14. For approximately two years, the City has been evaluating potential property, communicating with property owners, and pursuing the purchase of specific parcels. The City acquired 3510 Harden Road in October of 2014 for $590,000, following authorization by Council to purchase the property.

The Fire Department and other stakeholders have presented the details of the project and engaged in discussions with the community, specifically the Meredith Woods neighborhood, beginning in October 2014 at a Public Works Committee meeting. At the direction of the Committee, two additional citizen engagement meetings were convened on November 17, 2014 and January 12, 2015. Both meetings were well attended by residents from the Meredith Woods neighborhood. Staff described each of the locations considered and detailed the pros and cons of each. After emphasizing the importance of public safety, staff stressed the desire to be a good community partner with all neighborhoods. During the February 3, 2015 Council meeting, the Public Works Committee reported the following recommendation:

The Committee recommends removing this item from the agenda with the understanding staff will explore options for a possible Blue Ridge Road site for the relocated fire station.

Further study and exploration of options reveals that the 3510 Harden Road location remains the most optimal site for the fire station as the location mitigates response coverage gaps with adjacent first-in responder territories, including Stations 17, 16, 6, and 8. The Real Estate division has been in contact with the property owners to the east and west of 3510 Harden Road, including 3520, 3504 and 3500 Harden Rd. There remains a possibility that the City could purchase additional land from willing sellers which would enable the Fire Department to mirror the building plans of a future relocated Fire Station 12; additional parcel acquisitions would provide enhanced buffers to nearby residential properties. Staff recommends proceeding with the 3510 Harden Road location for the new Fire Station 14.

Recommendation: Authorize the fire station relocation project to proceed.

City Manager Hall indicated Council members had received the following memorandum in their agenda packet.

BACKGROUND & PROBLEM

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The current Fire Station 14 is located at 4220 Lake Boone Trail and is rapidly deteriorating due to age (built in 1974). It lacks the needed interior and exterior square footage to meet current and future operational public safety service requirements.

In FY 2013, the City approved capital improvement bond funds in full for the purchase of land and the building of a new Fire Station 14. For approximately two years, the City has been evaluating potential property, communicating with property owners, and pursuing the purchase of specific parcels. The City has assessed the viability of potential fire station properties, including: 3725 Harden Road, 3601 Harden Road, a portion of the property owned by the North Carolina Museum of Art located at 1900 Blue Ridge Road, a portion of State of North Carolina property on Edwards Mill Road, Macon Pond Road parcels, expansion of the existing Station 14 site on Lake Boone Trail, and now 3510 Harden Road. The City acquired 3510 Harden Rd in October of 2014 for $590,000.

Alternative Site Assessment Findings

NC Museum of Art – Civitas, Inc. has been commissioned to create a vision and implementable action park plan for the 164 acres surrounding the NCMA. The plan will be presented to the NCMA in July of 2015, and an initial phase of park development is expected soon thereafter.

3725 Harden Road – Although the property totals 6.9 acres, only approximately 3 acres of the parcel is developable. This is due to existing site characteristics, including a riparian buffer, utility easement, topography, as well as the City of Raleigh Unified Development Ordinance (UDO) requirements. The above diminishes the prospect of dividing the site for multiple uses. The Real Estate Division obtained two appraisals, one with a value of $2.2 Million and second with a value of $2.8 Million. The property owners rejected the City’s offers to purchase, and our research indicates the owners are seeking significantly more, based on outputs of the Blue Ridge Rd Corridor Study and perceived value, for the property. Studies reveal that dense, mixed-use development adjacent to proposed multi-modal transit generate the most benefit for the assumed risk.

NC DOT was consulted about the feasibility of a median crossover for emergency response south on Blue Ridge Rd (characteristic of an apparatus front apron facing Blue Ridge Rd, and returning driveway off Harden Rd, making a desired drive-thru station). According to NC DOT, “The current layout of the median combined with the location of the driveways across from this parcel, makes a median crossover not desirable by the NC DOT.”

4220 Lake Boone Trail – Station 14 currently resides on this property, which is constrained by developable space without expansion via the acquisition of Rex Healthcare owned property. City Planning & Development and Stewart-Cooper-Newell Architects were consulted to assess the feasibility of demolishing and rebuilding on an expanded site. Assessment reveals the risks (avoidable cost increases, unsuitable topography, building program limitations, response continuity during construction, etc.) associated with rebuilding on the current site are greater than relocating to an alternative site. Below are some of the pros & cons identified:

4220 Lake Boone Zoned Office/Institutional 1 (Old Code, not current UDO from zoning standpoint)

Assumption: Demolish Existing and Rebuild (2-story), development plans are within height requirement

Setbacks required: 30’ front (Lake Boone side), 20’ rear (Rex side), 5’ side yard setbacks (all from the current or future property line)

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Expanded parcel: +/- 1.5 acres Tree Conservation Area (TCA) does not apply & allowed to clear cut (anything under 2 acres). If over 2 acres, TCA is 10% of total acreage.

When deed is recorded with Wake County, cross-access agreement with Rex required (west driveway)

No protective yard required, since it is commercial hospital surrounding (no additional buffers beyond above setbacks)

Objective to fill as much of the north portion of the site as possible, 20-25’ elevation change

o Fill, compaction, retaining wall(s) estimated to increase cost of project by $750,000-$1 Million

Eliminates the ability to apply same building plan as S12 (limits use of lessons learned & decreases development efficiency)

Limited to 2-story facilityo Estimated $1 Million increase in construction cost compared to 1-story

Unit relocation costso Temp. living quarters estimated $50,000

Site characteristics likely cause one or more bays to not be drive-thru (not optimal for operations & safety)

Space limitations a concern for stormwater detention

Citizen Engagement

The RFD and other City stakeholders have presented the details of this project and engaged in discussions with the community, specifically the Meredith Woods neighborhood, beginning in October 2014 at the Public Works Committee (PWC) meeting. The RFD conducted two (2) additional citizen engagement meetings with citizens on November 17, 2014 and January 12, 2015. Both meetings were well attended by residents from the Meredith Woods neighborhood. Staff described each of the locations considered and detailed the pros and cons of each. After emphasizing the importance of safety, staff stressed its desire to be a good community partner with all neighborhoods.

Recommendation to City Council

In order to comply with national standards and enhance the City’s public safety capability, the RFD seeks to locate fire stations in strategic locations that maximize City-wide response coverage. In other words, our goal is for engine companies to arrive on scene within 4 minutes (drive time) and ladder companies to arrive within 8 minutes. Geographic Information System (GIS) studies reveal that 3510 Harden Road is an optimal location and the proposed location mitigates response coverage gaps with adjacent first-in territories, including Stations 17, 16, 6, and 8.

A site evaluation was performed by Stewart-Cooper-Newell Architects in 2014. The evaluation was verification that the forecasted building program can indeed fit, possibly with the inclusion of a second floor, on the 1.6 acre site. However, the Real Estate Division has been in contact with the property owners to the east and west of 3510 Harden Road, including 3520, 3504 and 3500 Harden Rd. There is a possibility that the City could purchase additional land from willing sellers to enable the RFD to mirror the

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building plan of a future relocated Fire Station 12, and provide an enhanced buffer to nearby residential properties. City staff recommends the City Council approve the relocation of Fire Station 14 to Harden Road.

City Manager Hall pointed out staff has been focusing on site selection and looking at an alternate for the Harden Road location and any change would require significant additional work/and or funds; therefore the recommendation is to continue and proceed with the relocation to 3510 Harden Road.

Mr. Gaylord pointed out the neighborhood and he too are very concerned about this proposal. He stated he knows there has been significant analysis about different options but he still thinks there are some options even though he knows there are challenges. He stated he hates to complain about an issue without a solution; however, he would like for the staff to do a little more work and he would love to see this item put back in committee as he feels there is opportunity for continued discussion.

Mr. Weeks pointed out it had been in Public Works Committee and vetted very thoroughly. He pointed out staff has done everything the Council had asked them to do as far as looking at options, working with the neighborhood, surrounding area met with the school, the community and all involved. Mr. Weeks stated he feels it is time to move forward with this relocation. He stated we are talking about the safety of our citizens, the fire department has and always will work with the neighborhood and he does not feel it is something that needs to go back to committee. He feels the Council should move forward.

Mr. Odom talked about the cost involved and pointed out his district has fire stations in the middle of the neighborhoods. He stated he feels we have run the course on this and should move forward therefore he would move the recommendation as outlined be upheld. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative except Mr. Gaylord who voted in negative. The Mayor ruled the motion adopted on a 7-1 vote.

FEE SCHEDULES –FY2015-16 – VARIOUS – ADOPTED

City Manager Hall pointed out at the recent work session there was discussion relative to fee schedules for FY2015-16. The Council asked that the proposal be placed on this agenda for consideration. Council members received the following proposals in their agenda packet.

An Ordinance for Revenue Indexing Fee schedule for FY2015-16 – Part A An Ordinance of Revenue Indexing Fee Schedule for FY2015-16 – Part B An Ordinance to Amend the City of Raleigh Code of Ordinances, Part A, Public Utilities,

Article B, Water and Sewer Extension Policy An Ordinance to Amend the City of Raleigh Code of Ordinances Part 8 Public Utilities,

Article B, Water and Sewer Extension Policies, to Amend the Inspection Fees for Sewer Main Extensions and Water and Sewer Service Stubs Installed by Private Contractors.

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An Ordinance to Amend the City of Raleigh Code of Ordinances Part 8, Public Utilities, Article B, Water and Sewer Extension Policies, to Amend the Tap Fees for Installation of Water and Sewer Services

An Ordinance to Amend the City of Raleigh Code of Ordinances, Part 8, Public Utilities, Article 8, General Provisions, to Amend the City Water Meter Installation Fee Schedule and Hydrant Meter Schedule

An Ordinance to amend the City of Raleigh Code of Ordinances, Part 8, Public Utilities, Article B, Water and Sewer Extension Policies

An Ordinance To Establish the Official Schedule Of Charges for Water, Sewer and Reuse Water Utilities Bill on or after July 1, 2015

Fees and charges – Parks, Recreation and Cultural Resources Department Convention Center Rates effective July 1, 2015 Performing Arts Center Rates effective June-July 1, 2015 Red Hat Amphitheatre Rates effective July 1, 2015

Ms. Baldwin moved adoption of the ordinances as presented and the fee schedules as proposed. Her motion was seconded by Mr. Weeks and put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinances 414, 415, 416, 417, 418, 419, 420 and 421.

REPORT AND RECOMMENDATION AND PEDESTRIAN ADVISORY COMMISSION

SIDEWALK PRIORITIZATION - UPDATE – REFERRED TO PUBLIC WORKS COMMITTEE

Revisions to the current method of prioritizing sidewalk construction projects across the City will be presented. The updates as proposed reflect changes in data since the Pedestrian Plan was completed in 2012, and accounts for recently completed sidewalk projects.

Recommendation: Approve the recommendations for updating sidewalk construction priorities.

Commission Chair Mike Dayton indicated Council members received the following information in their agenda packet.

At our March 16 meeting, the Raleigh Bicycle & pedestrian Advisory Commission (BPAC) reviewed a recommendation from our Pedestrian Planning Committee to update the City’s sidewalk prioritization methodology. The City’s current prioritization was developed in 2012 as part of the adopted Comprehensive Pedestrian Plan.

One of the shortcomings of the 2012 version was that it utilized a very complex set of evaluation criteria that proved difficult to update. The scores that system generated for each candidate project were also difficult to understand. BPAC members worked with staff to simplify the scoring process and to update the weighting of the criteria. The data inventory was also updated with more current demographic information. Lastly the pool of candidate projects was updated to reflect new projects not previously ranked and to remove sidewalk projects that have been

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programmed or completed. The resulting new priority list of projects did not result in major changes to the existing rankings.

The City’s sidewalk projects fall into one of three categories:1) sidewalk only – no street improvements required to install2) Minor street improvements – curb and gutter installation needed with sidewalk

construction3) Major street improvements – additional names and infrastructure required before

sidewalks can be installed.

A copy of the updated project list by category is attached.

Chairman Dayton explained the process, the changes that were recommended and the system.

Ms. Baldwin pointed out she had read the material over and over and is totally confused. She stated she understands the Commission made changes but she did not see the changes. Mr. Dayton talked about things that were moved around or off of the list with Ms. Baldwin questioning if there is any unintended consequences with this recommendation. Chairman Dayton pointed out he cannot answer the questions, the recommendations were simply to make it easier to prioritize the projects. They talked about projects that were added on left off and how they get weighted and this is the way to try to make sure there is equability in the system. Mr. Odom stated he does not understand the proposal either and it makes him a little nervous. Ms. Baldwin suggested the item be referred to Public Works Committee. Without objection the item was so referred.

REPORT AND RECOMMENDATION OF BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

NO REPORT

REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNING COMMITTEE

REZONING Z-16-14 – VARSITY DRIVE TO BE PLACED ON APRIL 21, 2015 AGENDA

Mr. Maiorano stated he has previously been excused from participation in this matter and left the table.

Mr. Stephenson indicated the recommendation as outlined on the agenda is based on signed conditions dated 3/31/15. He stated the Committee did not have any signed conditions during its discussion; however, the applicant was good enough to bring forth some draft conditions and the Comprehensive Planning Committee discussed those. There was a motion to approve the conditions. He stated however after going back and checking the video the clerk had asked for clarification of the motion at committee and he did clarify that they were not making a

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recommendation on unsigned draft conditions but were recommending that the conditions be submitted in final form in time for the City Council to consider them today. That is the way the item is coming to the Committee today not signed conditions reviewed by the Comprehensive Planning Committee. He asked that the Council amend the agenda and the minutes so that it reflects his comments.

Ms. Crowder pointed out she has talked to the applicant on numerous occasions concerning this issue explaining the property covered by rezoning Z-16-14 sets across the street from Centennial Campus. She stated if one looks at the needs of the University on Centennial Campus it is the plan to grow the graduate program as opposed to the under graduate program. She stated this particular site lends itself to have the potential to do that. She stated there had been a lot of discussion about this project and the size of it is especially on the Avent Ferry Road side. She had questioned the 28% of the building being 4 bedroom quads. That is the type housing that is used by undergraduates and it is well known that undergraduates and grad students will not live in the same facility. She stated she had questioned if we could take the 28% four bedroom quads and move them into studio, one bedroom, two bedrooms or three bedrooms scenario so it would make it possible for young professionals as well as grad students to live across the street from Centennial Campus where they go to school and/or go to work. She stated the applicant has told her that is not something that can be considered. Based on that information she cannot support the rezoning.

Ms. Baldwin suggested that the Council defer a vote on this item for two weeks as she believes the applicant wants to take another look at some of the concerns raised by Councilor Crowder. Ms. Crowder questioned if there is a change from the applicant from what was sent to her on Saturday. She stated she was told in an email that the change from the four bedroom units could not be considered.

Lacy Reeves, 150 Fayetteville Street, indicated what he tried to communicate to Ms. Crowder was that the applicant cannot grant the request to eliminate four bedroom units at this time. He stated the applicant has had several market studies conducted with regard to the property. However those studies indicate the success of this project includes some four bedroom units. He stated however he would be glad to go back to the consultants who are advising on the demographics and ask the question “can this project succeed without any four bedroom units.” Attorney Reaves stated they had not had time to look at that in depth but felt they could do so if the Council would afford him two more weeks.

Mayor McFarlane talked about the massing and how it was presented and pointed out she knew the applicant had worked hard with the University; however, she had not heard anything about the frontage on Avent Ferry Road. Attorney Reaves pointed out some information had been provided to the Council via email which include graphics relative to the Avent Ferry and Varsity Drive façade which incorporates architectural articulations and features.

The articulations and features were talked about with Attorney Reaves talking about a step back on the Avent Ferry side and a break between the third and fourth floors. He talked about the request from the University that they were able to honor as it relates to the façade. He talked

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about the step back and what is reflected in the conditions and the architectural drawings. He stated they were not able to continue that step back on the Avent Ferry side but talked about the articulations, balconies, architectural bands, change of materials, etc. between the various floors. He stated he thought the architects had made a tremendous effort to design a building and the design is reflected in the conditions in terms of massing and scale and he does not feel it will be overwhelming with Ms. Crowder pointing out she would have to disagree.

Mr. Stephenson talked about the height, step backs and various elements which he feels should be included. He talked about this being a very important site which is basically the front door to Centennial Campus and talked about the design and how it appears. He stated he understands the concern about the frontage and pointed out they did have some 3D modeling and information on the zoning envelope presented at the Comprehensive Planning Committee; however that related to tree conservation and he thought staff was to bring forward a more complete 3D model relating to the development, massing, etc., and he feels that would be helpful. Attorney Reaves stated they would be glad to share electronic information with the staff if the Council feels that will help. Mayor McFarlane stated she is okay with holding the vote on this issue for two weeks and she feels that some type visualization or 3D modeling would help. She stated she understands from staff that that could occur. Mr. Odom stated he had no problem holding the item over as there are a lot of unanswered questions. He asked if anyone from NC State had talked about wanting more graduate student housing or less and questioned if that is a priority for the University with it being pointed out hopefully that information could be available when the item is discussed next. In response to questioning, Planner Travis Crane indicated April 23 is the deadline to receive new conditions.

It was agreed to place the item on the April 21 Council meeting for further consideration.

REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETY COMMITTEE

PAWNBROKER LICENSE APPLICATION – WORLD GOLD AND PAWN – DENIED

Chairperson Baldwin reported the Law and Public Safety Committee recommends the denial of the application for a pawnbroker license for the establishment known as World Gold and Pawn. On behalf of the Committee, Ms. Baldwin moved the recommendation be upheld. Her motion was seconded by Mr. Odom and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

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REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE

STORMWATER QUALITY COST SHARE POLICY – ADOPTED

Chairperson Weeks reported the Public Works Committee recommends adopting a resolution amending the Stormwater Cost Share Policy. A copy of the proposed resolution was included in the agenda packet. On behalf of the Committee, Mr. Weeks moved the recommendation be upheld. His motion was seconded by Mr. Odom and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 83.

TRAFFIC CALMING – CURRITUCK DRIVE – TO BE PLACED ON APRIL 21 AGENDA

Chairperson Weeks reported by split vote, the Public Works Committee recommends upholding staffs recommendation to proceed with the traffic calming project on Currituck Drive as presented.

Mr. Maiorano indicated his recommendation would be to hold this item for two weeks. He stated he thinks the City has received some additional feed back and pointed out he feels there are some real safety concerns that needs to be addressed. He stated there are challenges and some issues. He stated he would like to mull over the feedback and at the same time request staff to look at the feedback and focus on the two intersections where the traffic circles are proposed and provide Council with a report as to whether there is an alternative. He needs to understand if there is an opportunity to make changes in the design. Ms. Baldwin pointed out we have never done traffic circles like this and questioned if one could be tested on a temporary basis. She questioned how much that would cost and ask that staff include that in the report.

Without further discussion, it was agreed to hold the item, place on the April 21 agenda to receive a report from staff on the feedback and possible alternatives.

TRAFFIC CALMING – TOWN AND COUNTRY ROAD – TO BE PLACED ON APRIL 21 AGENDA

The agenda indicated by split vote the Public Works Committee recommends upholding staff’s recommendation to proceed with the traffic calming project with the understanding curb and gutter will be added to the traffic circle.

Mayor McFarlane indicated the remarks made by Mr. Maiorano relative to traffic calming on Currituck Drive in her opinion should apply to this is you as well. She stated the Council has received a lot of feedback particularly relating to the traffic circles. She suggested that the Council hold this item and place it on the April 21 agenda and ask staff to look at the possibility of removing the traffic circle and look at whether the project would still be efficient as it relates to traffic calming. Ms. Baldwin stated her comments on traffic calming on Currituck Drive about the possibility of testing a traffic circle on a temporary basis. It was agreed to hold the

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item, ask Administration to provide a report and place the item on the April 21, 2015 meeting agenda.

PUBLIC WORKS COMMITTEE – APRIL 14, 2015 – CANCELED

Chairperson Weeks reported the Public Works Committee scheduled for April 14, 2015 has been canceled.

REPORT AND RECOMMENDATION OF THE TECHNOLOGY AND COMMUNICATION COMMITTEE

GOOGLE STREET VIEW TREKKER PROJECT – REMOVED FROM THE AGENDA; REPORT TO BE PROVIDED

Chairperson Gaylord reported the Technology and Communication Committee recommends that the item related to Google Street View Trekker be reported out as the Greater Raleigh Convention and Visitors Bureau is pursuing implementation of the project. Staff will provide a follow-up report to the full City Council. On behalf of the committee, Mr. Gaylord moved the recommendation be upheld. His motion was seconded by Ms. Baldwin and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

SOCIAL NETWORK NEXTDOOR – DIRECTION GIVEN

Chairperson Gaylord reported the Technology and Communication Committee recommends the City Council approve the use of Nextdoor social network by the Raleigh Police Department as an information dissemination tool which complements Community Policing efforts of the department. On behalf of the Committee, Mr. Gaylord moved the recommendation be upheld. His motion was seconded by Ms. Baldwin. Ms. Crowder indicated she understands this social network is being used by other cities successfully. She stated as she understands neighborhoods can sign up and communicate among themselves and the police will monitor it. Mr. Gaylord pointed out the police would not do a general monitoring; only monitor direct messages from a single contact for each neighborhood. He stated it would basically be used as a push out tool from the Police Department to various neighborhoods. Ms. Crowder pointed out as she understands there is no cost to the city at this time. She stated however if people buy into this and the police use it effectively and Nextdoor changes its model and charges for the service how that cost would be absorbed with it being pointed out that has not been discussed but could be discussed if and when that occurs. Ms. Crowder expressed concern pointing out once the public get used to something its hard to pull back. Mr. Odom pointed out there is always a cost associated such as the police monitoring it, there is some cost to the City. Mr. Gaylord stated he understands the police department feels it is worth trying and any social network can start charging.

Deputy Police Chief Perry indicated this would be just one tool among many that the police department could utilize to disseminate information to the public. The Police already use Tweeter and Facebook and neighborhood canvassing door to door. Mr. Stephenson questioned if

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this directs the police department to use this social network or simply allows it. Ms. Baldwin stated it would be approved for use by the Raleigh Police Department at their recommendation. Mr. Stephenson questioned what happens to neighborhoods that do not have this kind of tool set up. A discussion about how the police involved the community and the fact that many neighborhoods are already using Nextdoor. The Police still utilize community watch and we have a crime officer in each district that works with the neighborhood as it relates to getting information out. Ms. Baldwin stated this is basically just another tool in the Police Department’s tool box for working with the communities. The motion as stated was put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

TECHNOLOGY AND COMMUNICATION COMMITTEE MEETING – APRIL 14, 2015 – CANCELED

Chairperson Gaylord indicated the Technology and Communication Committee meeting scheduled for April 14, 2015 has been canceled as there are no items pending in committee.

REPORT OF MAYOR AND COUNCIL MEMBERS

MAYOR OF HUNTERSVILLE – RECOGNIZED

Mayor McFarlane recognized Jill Swain, Mayor of Huntersville

APPOINTMENTS

APPOINTMENTS – VARIOUS ACTIONS TAKEN

The City Clerk read the following results of the ballot vote:

Appearance Commission – One Vacancy

Candice Andre – 3 (Baldwin, McFarlane, Maiorano); Andre Johnson – 4 (Crowder, Weeks, Odom, Stephenson). The City Clerk reported earlier in the day Tika Hicks resigned from the Appearance Commission therefore there is a second vacancy. The City Clerk also reported at a recent meeting the City Council stated when another vacancy became available on the Appearance Commission Ms. Baldwin and Mr. Gaylord had nominated Neil Gray therefore there are two vacancies and now three names for consideration. Ms. Baldwin moved nominations be closed and the Council agreed. The item will be carried over to the next meeting.

Fair Housing Hearing Board – One Vacancy - . Weeks nominated Yetunde B. K. Andrews

Planning Commission – One Vacancy – Antoine Marshall – 3 (Crowder, McFarlane, Stephenson)

Raleigh Sister Cities – Two Vacancies – No nominees

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Substance Abuse Advisory Commission – One Vacancy – No nominees.

The City Clerk reported all items will be carried over until the next meeting

NOMINATIONS

ARTS COMMISSION – LAURNET P. deCOMARMOND - REAPPOINTED

The term of Laurnet P. deComarmond is expiring. He is eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council reappoint him by acclamation. Her motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

CENTENNIAL AUTHORITY – REAPPOINTMENTS MADE

The terms of Thomas A. McCormick, Jr. and Rod Malone are expiring. Both are eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council suspend its rules and reappoint Mr. McCormick and Mr. Malone by acclamation. Her motion was seconded by Ms. Crowder and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

CIVIL SERVICE COMMISSION – DENISE SMITH-CLINE REAPPOINTED

The term of Denise Smith-Cline (attorney slot) is expiring. She is eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council suspend its rules and reappoint Ms. Smith-Cline by acclamation. Her motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

RALEIGH TRANSIT AUTHORITY – ANTHONY PECORARO REAPPOINTED

The term of Anthony Pecoraro is expiring. He is eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council suspend its rules and reappoint Mr. Pecoraro by acclamation. Her motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

REPORT AND RECOMMENDATION OF THE CITY ATTORNEY

NO REPORT

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REPORT AND RECOMMENDATION OF THE CITY CLERK

MINUTES – MARCH 3, 2015 – APPROVED

Council members received in their agenda packet copies of the minutes of the March 3, 2015 Council Meeting. Approval is recommended. Mr. Odom moved approval as presented. His motion was seconded by Mr. Weeks and put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

SURPLUS PROPERTY – 5920 SANDY FORKS ROAD – RESOLUTION ADOPTED

On March 17, 2015, the City Council accepted an offer of $4,000 from Kimberly Development Group, LLC to purchase a portion of a City-owned sanitary sewer easement at 5920 Sandy Forks Road. The easement totals approximately 0.055 acres or 2, 382± square feet. This negotiated offer was accepted subject to the upset bid process with the understanding the winning bidder will paid all accrued advertising costs. The proposal was advertised in the News and Observer and on the City’s website on March 20, 2015. The last upset bid period closed at 9:00 a.m. on March 30, 2015 and no upset bids were received. It is recommended that the City Council adopt a resolution authorizing the sale of the surplus easement for $4000 plus advertising costs to the Kimberly Development Group, LLC.

Mr. Odom moved approval. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 84.

CLOSED SESSION

CLOSED SESSION - HELD

Mayor McFarlane stated a motion is in order to enter closed session pursuant to NCGS143-318.11(a)(3)(5) for the purpose of consulting with the City Attorney regarding the 2015 Environmental Awards, legal issues involved in acquiring the future Dix Park site and legal advice concerning a real estate transaction. Mayor McFarlane moved approval of the motion as read. Her motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. The Council went into closed session at 2:25 p.m.

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The Council reconvened in open session at 3:00 p. m. The Mayor indicated the Council gave direction on legal issues regarding the Dix property, confirmed the Environment Awards Jury recommendations. The Council reconvened in open session and authorized execution of the following agreements relating to Pullen Park: 1) Revocable License Agreement; 2) Development Agreement; 3) Joint Use Agreement; 4) Pullen Heirs Memorandum of Understanding. Mayor McFarlane announced the meeting adjourned at 3:01 p.m.

Gail G. SmithCity Clerk

April 7, 2015

The City Council of the City of Raleigh met in regular session at 7:00 p.m. on Tuesday, April 7, 2015 in the City Council Chamber, Room 201 of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 W. Hargett Street, Raleigh, North Carolina with all Council members present. Mayor McFarlane called the meeting to order and the following items were discussed with actions taken as shown.

REQUEST AND PETITIONS OF CITIZENS

SANDY FORKS ROAD WIDENING PROJECT – PARRISH PROPERTY CONCERNS – NO ACTION TAKEN

Margaret Parrish was at the meeting representing her mother who lives at 7100 Sandy Forks Road. Ms. Parrish explained concerns she has voiced in the past and pointed out they are concerned about the safety and ease of access to her mother’s property. The proposed median covers the entire frontage of her mother’s property which will require her mother and any visitors to make a right in, right out only, therefore half of their entrances and exits will have to make a U-turn across an intersection. She presented a PowerPoint showing the location of her mother’s property, ingress and egress to the property as well as surrounding property. She explained it is a very congested area, talked about near crashes she had seen and called on the Council to consider to modifying the plan to permit her mother to have access without having to make U-turns. She stated if the median is pulled back just a few feet it would allow full access to the property and wouldn’t impact anyone’s element.

City Manager Hall pointed out staff has looked at this multiple times. Mr. Maiorano stated he had spent a good deal of time looking at the property and talking with staff. He stated he understands Ms. Parrish’s concern but the total design has to be taken into consideration. Lengthy debate followed with Council members asking questions about the length of median island, pros and cons of adjusting the length of the island, how people have the option to come in and out of the property from other locations, the fact that there are two exits, concern about Ms. Parrish’s mother crossing double lanes of traffic to make turns, possible traffic patterns by placing no u-turns, the fact that the island will have to be cut off about 25 feet to provide the request. In response to questioning, Transportation Engineer Chris Johnson indicated the City does not normally design streets with the type island Ms. Parrish is talking about. The fact that the island could be moved back and no U-turn signs installed was talked about with Mr. Johnson indicating it could be done but it is felt the risk would be greater. The turn lanes, the possibility of having a painted median and where the City is designing the project was talked about at length. Various Council members voiced their opinion on the safety of what is being proposed, concern about pulling the island back, how Ms. Parrish has been making the left turn movement since 1972 and whether the right in and right out is less dangerous. The safety issues and challenges were also pointed out with Mr. Maiorano stating he thought the staff had looked at this and worked very hard to evaluate the options; however, he would like to see the median pulled back and give better access but he does not know if that would be more challenging. Mr. Maiorano talked about his willingness to look at options. Mr. Gaylord pointed out the staff and Council has looked at this on a number of occasions. We have a recommendation from the professional staff and he feels we should proceed in that manner. He stated he feels the proposed

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alternatives being suggested by Ms. Parrish would be more dangerous. No action was taken to change the design.

SSP-2-12 – PROPOSED AMENDMENT- PUBLIC HEARING AUTHORIZED

Brian Purdy representing McAdams Company was at the meeting to request the Council to authorize a public hearing on April 21, 2015 for proposed minor revisions to the previously approved Crabtree North Streetscape and Parking Plan (SSP-2-12). Mr. Purdy pointed out this was approved in 2012 as a part of the rezoning and what is being proposed is some technical revisions. He talked about the adoption of Chapter 8 of the UDO dealing with street tree locations, sidewalk placements, etc.

Planner Travis Crane pointed out the staff has not had an opportunity to review the changes but supports the request to go to public hearing. Mr. Odom moved the public hearing be authorized. His motion was seconded by Ms. Crowder and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

GREENWAY EXCHANGE – 3531 HORTON STREET – RESOLUTION INTENT SCHEDULING PUBLIC HEARING ADOPTED

Isabel Worthy Mattox representing Grubb Palms, LLC was at the meeting to discuss a proposed greenway exchange on property at 3531 Horton Street. She asked the Council to consider authoring a public hearing for April 21, 2015 to consider the possible exchange. Attorney Mattox talked about previous exchange and the fact that a small portion of the City’s greenway path is not in the easement and they would like to realign the easement adjacent to one of their buildings. She stated with what is being proposed, the City would receive more greenway than Grubb Palms would receive. She presented a map showing the locations. She stated all she is asking for at this point is for the Council to schedule a public hearing on April 21, 2015 to consider the exchange. Ms. Baldwin moved adoption of a resolution authorizing the public hearing to consider the exchange on April 21, 2015. Her motion was seconded by Ms. Crowder and put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 85.

WATER BILL - 881 FALCATE DRIVE – WITHDRAWN

Isaac B. Wheeler, representing Wake County ABC Board, had requested permission to address the Council and ask for consideration of adjusting the $878 water bill for Store #14,881 Falcate Drive, Wake Forest. It was pointed out by the City Clerk that staff indicates they feel the issue has been addressed and could be removed from the agenda. Mr. Wheeler was not at the meeting therefore there was no action on the item.

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ENCROACHMENT AGREEMENT – 501 DEVEREUX STREET – REFERRED TO LAW AND PUBLIC SAFETY COMMITTEE

Theresa Smith, stated she is representing the homeowner who purchased property at 501 Devereux Street in May 2013. The deed refers to an encroachment agreement between the City of Raleigh and a former owner which was approved in 1983. She stated the present owner is the 5th owner of the property since the encroachment agreement was approved. She stated as she understands the encroachment agreement was never executed by the City or recorded. She pointed out she had provided notes from the meeting of June 29, 1983 which shows the City Council agreed to grant the encroachment agreement. She stated the property owner is trying to sell the property and cannot pass a clear title because no one can find a recorded encroachment agreement. She stated the house was built in the 1920s and part of the house and a little bit of the HVAC unit set in the portion of property. She pointed out the house is on the market and they cannot get a clear title. She asked the Council to reconfirm the previous Council action so that the agreement can be executed and recorded.

City Attorney McCormick pointed out the City has done some research and cannot find that the City owns anything in this area. The encroachment is different than an easement and what was approved in 83 was an encroachment agreement. He stated City staff has not found any evidence that the City actually owns anything so they cannot grant an encroachment. He stated as he understands if the City owns anything in this area it would be a street right-of-way and if that is closed you split the property. Mr. Gaylord questioned if we could provide a quit claim deed with City Attorney McCormick indicating the City cannot give away right-of-way, you have to do a street closing. He stated however from what he understands the City of Raleigh has no interest in this property. Ms. Smith pointed out all of the surveys referenced a 15 foot city alley and a 1999 map shows a 15 foot city alley and that is what makes her believe the City still has an interest in the property. Ms. Baldwin suggested the item be referred to Law and Public Safety Committee and try to work out something with Ms. Smith indicating we need some way to allow the owner to move forward with getting a clear title. City Attorney McCormick indicated he would be glad to look at it but so far the staff has not been able to find any city interest in the property. Without further discussion the item was referred to the Law and Public Safety Committee.

NESSIE FOUNDATION – DUAL-PURPOSE COMMUNITY SAFE ROOM – COMMENTS RECEIVED

Chris Parrish, Nessie Foundation, was at the meeting to ask the Council to support his efforts to receive funding through an outside agency for North Carolina’s first dual-purpose community safe room which they hope to build in southeast Raleigh. He explained the foundation and the source of funding and pointed out the building would allow them to provide shelter and extend activities for the residents of Parrish Manor as well as the neighborhood. He explained they have over 450 kids in the neighborhood and about a 1,000 people. He stated the community is very excited about the possibility and asked the persons from the neighborhood who are in support of the project to please stand. Approximately 75 people stood in support. Mr. Parrish stated this is a true public private partnership and it will bring services to an undeserved area. He hopes the

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City will support his efforts and the facility can be built and the residents of Parrish Manor, the neighborhood and the City of Raleigh in general would benefit. The comments were received

MATTERS SCHEDULED FOR PUBLIC HEARING

SIDEWALK INSTALLATION – OXFORD ROAD – HEARING - REFERRED TO STAFF

A hearing to consider the petitioned installation of a five-foot-wide sidewalk placed directly behind the curb along the west side of Oxford Road from Reaves Drive to Overbrook Drive with an estimated cost of construction of $677,281.

Following the hearing, Council may take action to authorize the project to proceed.

Assessment Supervisor Jimmy Upchurch explained the request, the petition, the location of existing sidewalks in the area and talked about the staff’s work to determine the best location for a sidewalk installation. He talked about the upward slope on the east side and the downward slope on the west side which is the park with a very narrow shoulder, utility poles on the east side and the extreme drop off. He stated if the sidewalk is put on the residential side there could be driveway issues. Staff recommended a minimum of a 5 foot sidewalk directly back of the curb but understood installation of sidewalk in this location would be difficult; he explained the petition, how a 68% signage of the owners sign.

Mr. Upchurch stated prior to the item going on the agenda, he was contacted by the Stormwater Staff asking to partner with the sidewalk installation as there are a lot of stormwater issues and may be together every one could come up with some alternatives. Mr. Upchurch stated following the hearing if the Council wishes to proceed the staff would recommend that the Council authorize the staff to move forward with the design but give the staff some flexibility to work on this location, work with the stormwater people, etc.

Mr. Gaylord pointed out he had been contacted by some of the residents who are excited about the possibility of the sidewalk. He questioned if the Staff comes up with an alternative if it would come back to Council. Mr. Upchurch pointed out normally that would not occur but if the Council so desired it could brought back to Council for a last look. He stated they would work with the stormwater people come up with a design, have another meeting and then it could be brought back to the Council for final approval. Mr. Gaylord stated he would like for it to come back because of all of the traffic issues, traffic calming, stormwater, etc.

Mr. Gaylord stated he would love to move forward and authorize staff to come up with a solution and bring it back to the Council before moving forward. He talked about the project in general. The Mayor opened the hearing to the public.

Priscilla McCree, 2602 Cooleemee Drive, explained she walks on Oxford almost every day on a path that goes from Reeves Drive to Overbrook. She stated if the path were maintained, it would

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serve the purpose and she stated however she is against a sidewalk installation as there is no room on the creek side.

Andrew Fox, 2606 Oxford Road, stated there are a lot of issues with the proposal. He called on the Council to evaluate how this would work. He stated in his opinion traffic calming is needed, talked about the park traffic and asked the Council to look at this in a holistic approach. He stated speeding is excessive. He stated he feels we need to talk about traffic calming in addition to stormwater and sidewalk installation.

Kate Whitney, 2500 Oxford Road, stated traffic calming is needed explaining the neighborhood which is very active, most members walk a lot and have worn a path in the area. She stated there are safety issues as the road is very curvy and pointed out the path is great but people speed all the time. She encouraged Council to look for an alternative and encouraged the Council to proceed with any alternative that provides a safe place for the kids, walkers and runners.

Kristen Monahan, 2807 Hazelwood, stated the street needs traffic calming and she does not feel that sidewalks are an answer. She talked about the erosion problems, trees that had been planted that would have to be removed if the sidewalks are installed and expressed concern about the cost and the benefits it would provide.

Rachel Wooten, 2721 Kittrell Drive, expressed concern about erosion and called on the Council to look at other alternatives as she can’t imagine where the City would put a sidewalk. She stated a lot of people who live on her side of the park part knew nothing about this proposal until one of the neighbors heard about it and got the information. She stated if the Council talks about this any more she would hope that the people on her side of the park are notified.

Justin Vieira, 2221 Oxford Road, explained the location of his home. He stated there is a lot of traffic in the area and asked about adding a bike lane to provide a buffer. He talked about keeping the natural area which would make it safer and provide cost savings. No one else asked to be heard thus the hearing was closed.

Mr. Odom stated his office was in this area for about 10 years and in deed a lot of people do walk. He stated Our Lady of the Lords’ Church is in this area and questioned if they had representatives or if they have had any input. Mr. Gaylord suggested that staff go back, have some more community meetings and/or input and bring alternatives back to the Council including cost consideration. Ms. Crowder pointed out that the people on the opposite side of the park should be notified of the meetings. Mr. Maiorano questioned if the action is to direct staff to continue with the design and the discussion but bring the final design to Council before proceeding with Mr. Gaylord indicating that would be his recommendation. Mayor McFarlane stated with that recommendation the item would be referred to staff. Mr. Odom stated as he understands that would include looking at the erosion problems, traffic, etc. and notification on the other side of the park with the Council agreeing that staff would continue discussions and design but at this point no project has been approved.

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SIDEWALK INSTALLATION – YADKIN DRIVE – HEARING – APPROVED

This was a hearing to consider the petitioned installation of a six-foot-wide sidewalk placed 2.5 feet behind the curb located on the east side of Yadkin Drive from Rampart Street to Inglewood Lane with an estimated cost of construction of $94,000.


The Mayor opened the hearing. Mr. Maiorano stated this was in his district and he walks it daily and he has heard no comments or concern. No one else asked to be heard, thus the hearing was closed. Mr. Gaylord moved approval. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

SIDEWALK INSTALLATION – WIMBLETON DRIVE – HEARING – PROJECT DIRECTED

This was hearing to consider the petitioned installation of a six-foot-wide sidewalk placed 2.5 feet behind the curb along the southwest side of Wimbleton Drive from Shelley Road to Manchester Drive with an estimated cost of construction of $113,508.


The Mayor opened the hearing no one asked to be heard thus the hearing was closed. Mr. Odom moved approval of the project proceeding as outlined. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 bot.

SIDEWALK INSTALLATION – RAMBLEWOOD DRIVE – HEARING – APPROVED WITH STAFF GIVEN FLEXIBILITY ON THE POOLE PROPERTY

This was a hearing to consider the petitioned installation of a six-foot-wide sidewalk placed 3.5 feet behind the curb along the south side of Ramblewood Drive from Lassiter Mill Road to the existing sidewalk at Allister Drive with an estimated cost of construction of $167,710.

Following the hearing, Council may take action to authorize the project to proceed. The Mayor opened the hearing.

Attorney Andy Petesch, representing Ven Poole, 401 Ramblewood Drive, presented slides showing the Poole property explaining, the house was constructed in 1964 when Ramblewood was a dirt road. He stated some hard scope was constructed at the entrance some years later and explained the uniqueness and the rareness of the stone used which was gathered from a house that was being demolished in the Five Points area. He talked about the topography, pointed out the Poole home is at the bottom of Ramblewood Drive and receives significant runoff and water

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pooling. He gave the dimensions of the right-of-way from the curb setbacks, etc. He stated Mr. Poole is requesting some type of accommodation which would allow the sidewalk to blend with the existing structure which at the closest point is 8 feet 10 inches. He stated that encroaches about one foot into the right-of-way. He made suggestions on how to modify the plan by using a 2.5 foot setback and reducing the sidewalk in that area to a five foot cross section. In response to questioning from Ms. Crowder he stated the hardscape constructed at the Poole property encroaches slightly into the right-of-way.

Jared Cozark, 500 Ramblewood Drive, spoke in support of the sidewalks as he feels they are needed for the protection of the pedestrian and the number of children in the area. He stated the setback and the modifications requested by Attorney Petesch does not concern him. No one else asked to be heard thus the hearing was closed.

In response form questioning from the Mayor, Mr. Upchurch pointed out there has been no design or survey work. That is not usually done until the Council authorizes a project. In response to questioning from the Mayor, Mr. Upchurch stated the staff can work with the homeowner and hopefully accommodate the request. Mr. Odom moved approval of the project proceeding with the understanding staff would have some flexibility to work with Mr. Poole. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

SANITARY SEWER EXTENSION – 7520 PINECREST ROAD – RESOLVED

This is a continuation of a hearing to consider a request from Ray and Jean Cheely to enter a utility extension agreement to extend gravity sanitary sewer main to serve a proposed development on property located at 7520 Pinecrest Road. The hearing was continued from the March 3, 2015 Council meeting to allow ongoing negotiations.

Following the close of the hearing, the Council may take action to approve the utility extension agreement.

The City Clerk reported she understands that this item has been resolved and can be removed from the agenda with no action taken. Without objection, it was agreed to follow that course of action.

SANITARY SEWER EXTENSION – AUSTIN CREEK – CONTINUED UNTIL MAY 5, 2015 MEETING

This was a hearing to consider a request from Tryon, LLC to enter into a utility extension agreement to extend gravity sanitary sewer main along Austin Creek to provide gravity sewer service to the drainage basin on the north side of Wait Avenue including the Triangle, LLC development. The hearing was continued from the March 3, 2015 Council meeting to allow ongoing negotiations.

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Following the close of the hearing, the Council may take action to approve the utility extension agreement.

The City Clerk indicated she understands negotiations on this issue are almost complete and it has been suggested that it be held open. City Manager Hall suggested the hearing be held over and placed on the May 5, agenda. Mr. Odom moved continuing the hearing to May 5, 2015. His motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0.

REZONING Z-22-14 – CREEDMOOR ROAD – HEARING – HELD OPEN PENDING ADOPTION OF TEXT CHANGE

This was a This is a hearing to consider a request from Creedmoor Preserve, LLC to rezone approximately 6.73 acres from Office and Institutional-1 Conditional Use (O&I-1 CUD) to Office Mixed Use-3 story-Conditional Use (OX-3-CU). The property is located on the west side of Creedmoor Road in the southwest quadrant of the intersection of Creedmoor and Strickland Roads, south of Brennan Drive and north of Morgan’s Way.

Following the closing of the hearing, the Council may take action to approve, deny or refer to committee.

Planner Doug Hill explained the case pointing out a valid statutory protest petition has been filed. He explained the property has different sets of condition, a non residential option and residential option and explained each. He noted the existing zoning, surrounding property, how it is built out, zoned, the areas within the City limits and the part in the ETJ. He pointed out the roads are maintained by NCDOT and presented photographs of surrounding property. He talked about the access to the City water tower, existing versus proposed zoning and outlined the proposed conditions depending on how the property is zoned. He went over the future land us map, the comprehensive plan analysis and pointed out the Planning Commission voted to approve this request on a 6-3 vote, the North CAC voted in opposition on a 150-0 vote.

Mr. Stephenson had questions on the split Planning Commission vote with Mr. Hill pointing out he thought it related to easements requiring off site improvements. Ms. Baldwin had questions concerning the access under the two proposals with Mr. Hill pointing out the issues would be the same, a developer would have to deal with those issues. There are no development plans to date. He talked about current conditions under the present zoning which limits access but those conditions are inconsistent with the UDO. Condition #3 on the present zoning is the main issue as it relates to access across Corberrie Lane. That condition would be inconsistent or not allowed under the UDO. Lengthy dialog took place between Council members and staff relative to the access issue, whether any development could use the easement from Creedmoor Road and various possible development scenarios relating to the stub street providing access, etc. It was pointed out by Traffic Engineer Todd Delk that if it is developed as residential which would require a subdivision Corberrie and Brandon Station would have to be connected. The difference in the UDO requirements and the present zoning was talked about at length. Whether this conflict in the present zoning and UDO and proposed development would make the property

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undevelopable or if the Council has any recourse to deviate from the requirement was vetted with it being pointed out that staff does not feel that any design alternate could be developed.

The Mayor opened the hearing.

Attorney Isabel Worthy Mattox representing the developer pointed out the property owner is also present. She explained if the property is developed office, the stub streets would not have to be connected. She talked about the City requirement relative to street stubs being connected, the 50 foot easement from Creedmoor Road which could provide access however it is not a public street. The only public streets with access to the property are Brandon Station and Corberrie; however current zoning says they would not be connected. She talked about why the rezoning is being proposed, inconsistency involved and the changes in the area since the rezoning was put in place in 1999 including a new comprehensive plan and UDO. She started as the City continues to go we have to find places for the people to live. This area have been given a favorable reception for this type infill development and quit frankly she is surprised by the opposition from the neighborhoods. She stated initially stormwater was a big concern and they are increasing the protection to a 25 year storm. She stated neighbors were also concerned about compatibility so they projected office. She stated there was concern about condos or apartments going into this area but that is not in the plan. They will add a prohibition against that type building but talked about what they cannot prohibit and what could be allowed. She talked about the residential which would be high end townhouses or single family and she presented illustrious details. She went through the conditions. She talked about the options that increase traffic but pointed out what they are proposing would reduce peak hour trips.

Krista Green, Stantec Consultant, presented information on trip generation of office, town houses, single family, access to the project and the traffic patterns.

Attorney Mattox talked about the benefits and comparisons with the rezoning. In response to a request from Ms. Baldwin, Attorney Mattox stated she would email all of the handouts or powerpoints.

Attorney Ben Kuhn, 2840 Plaza Place, was at the meeting representing the neighborhood. He provided a PowerPoint presentation and talked about the 1999 zoning case (Z-75-98) and how the neighborhood worked so hard to get that zoning in place. He provided a packet of information. He stated the applicant has talked about design alternates if they build residential. He talked about the impact on the neighborhood and the fact that this one case actually has two proposals. He stated residential is what causes the access problems. If the property is developed residential, there would be access from the stub streets. The neighbors want it to stay office so there will be no access or connection of the stub streets. Attorney Kuhn talked about the previous development plan, how office is envisioned in this area by the Comprehensive Plan and the Future Land Use Map and the condition of the pavement which was included in his handout. Ms. Baldwin questioned why the roads are in such bad condition with Attorney Kuhn pointing out they are NCDOT owned and maintained roads but small residential roads like these are not a priority. He presented photographs of the area and the type of development that would be acceptable which included office development.

April 7, 2015

Jeremy Hamn, Falcon Engineering, talked about the pavement analysis he did which shows the streets with moderate distress. He stated the sub grades are in fair condition but a lot of the streets is in really bad condition. He talked about needed maintenance and any additional traffic having a negative impact. He talked about the parts of the street that needed immediate repair.

Attorney Kuhn pointed out he had provided Council with information on this case and again pointed out the biggest issue is the proposed residential use which will negatively impact the existing infrastructure, it is inconsistent with the comprehensive plan and is not in the public interest.

Discussion took place on connectivity restrictions and the conditions whether the UDO will do away with those conditions, the inconsistencies, etc.

Roger Kosack, a member of the Board of Directors of the Homeowners Association, stated they strongly object to the rezoning. It doesn’t fit with the existing neighborhood, will have major negative impact, the stormwater will increase, and the fact that this is way too much density.

Mary Gallo, 3700 Oxbow Court stated she had lived in the area some 20 years and had worked on the previous rezoning for 1 ½ years. At that time they were convinced and the Council was convinced that office was the best use and Corberrie Lane would never connect the office and residential. She talked about the proposal which would allow some 67 units with the traffic coming through the subdivision, expressed concern about stormwater, vegetation, impact on septic tanks and pointed out high density should not go in this area.

The Mayor closed the hearing.

Lengthy discussion took place with it being pointed out the primary concern relates to access and possible negative impact on infrastructure. The condition of the roads in the area, why the property could not be accessed through the easement from Creedmoor, the applicants talking about the desire to explore design alternatives, the fact that staff had said design alternatives would not work, the ability or inability to use the access easement from Creedmoor Road, whether it is a private access easement, the fact that all properties must have public street frontage, what would be required under residential development as opposed to office development as it relates to street connectivity, stormwater, etc.

Council members questioned if they could make a change in this requirement with City Attorney McCormick indicating the Council could not grant a variance and to change the UDO would require going through the public hearing process. Exactly what creates the inconsistency, the need to have the streets improved, the difference in what would be required for office versus residential as it relates to street connections, and exactly why the opposition is opposed. Attorney Kuhn indicated the primary concern is the impacts of extra traffic entering onto the already poorly maintained streets and degrading them further. He stated the existing zoning can use the easements for access; but if the rezoning is approved, residential the streets must connect. Whether a subdivision is required and how to eliminate the inconsistencies was talked about at length.

April 7, 2015

Planner Travis Crane pointed out this is a zoning code issue not a subdivision issue. He talked about the new requirements prohibiting dead end stub streets as they must either be connected or terminated as a cul-de-sac under certain conditions. Mr. Crane pointed out there are multiple pointes of access that can be considered during site plan review and it just depends on the type of development, intensity, etc.

Various Council members voiced concern that this is the second issue on today’s agenda where the Council could not address the access issue because of UDO requirements. Planner Crane pointed out there was a change made to state law before the UDO was adopted. The fact that we cannot prohibit access through a zoning condition and the need to have a text change to address that issue was talked about at length. Mr. Stephenson talked about the inability of Council to address access issues at the zoning level and pointed out the Council needs to be able to use discretion to deal with these inconsistencies. He asked the Council to put the issue of a text change which would allow discretion in the Comprehensive Planning Committee. Ms. Baldwin suggested that staff develop a text change and bring it to the full council and if work is needed it could then be referred to committee. Ms. Baldwin moved to direct staff to develop a text change which would allow Council discretion to discuss access issues at the zoning level and bring that to full Council. Her motion was seconded by Ms. Crowder and put to a roll call vote which passed on an 8-0 vote.

Mr. Stephenson moved denial of the rezoning application Z-22-14. His motion was seconded by Ms. Crowder. Attorney Mattox asked that the Council hold the case until the text change that was just discussed is considered as it might have an impact on this case. How to move forward, whether the time would pass for adding conditions to this case prior to the Council having an opportunity to consider a text change, whether to refile, request an extension, how to get the streets improved, and what would happen if this case is denied was discussed at length. Mr. Gaylord pointed out as he understands, if the case is denied, Corberrie and Brandon Station could be connected if request come forth with Planner Crane indicating that is correct. That is, if zoning conditions conflict with current law, current law prevails. Mr. Gaylord stated if access is truly the main issue making the zoning case go away would not solve the issue in the long term. He stated to deal with the access issue, the Council needs to have tools available. What could happen if the case is denied as far a connecting the streets, developing the property, what the existing conditions could do, and what the applicant could do was discussed.

Planner Crane indicated there are several options, option one is that the zoning code could be modified to restrict access through the zoning process. We would have to go through a text change process to do that. The second option would be for the applicant to come forth with a planned development application. Ms. Crowder stated she is uncomfortable leaving a case open that has both residential and commercial as options. Mr. Odom expressed concerns pointing out this Council has always talked about interconnectivity being a priority and we are going to either support it or not. He stated if we wait for NCDOT to upgrade the roads in this area there would never be any development in the ETJ. Mr. Stephenson stated that is the reason the Council needs more discretion. Various scenarios were talked about. Ms. Baldwin questioned if the neighbors understood what would happen if the case is denied and if the people in the audience are willing

April 7, 2015

to take that chance with audience members responding they are. Mr. Gaylord expressed concern about taking an action that leads us into an unintended consequence. The motion to deny the case was put to a vote with Mayor McFarlane, Mr. Stephenson and Ms. Crowder voted for the motion to deny and the remaining of the Council voting against the motion. The Mayor announced the motion defeated on a 3-5 vote.

Discussion followed as to what would happen now. Mr. Maiorano moved that the Council hold the public hearing open and allow the text change to progress, keeping the neighbors involved and deciding the future of the case. It was pointed out the time for changing conditions does not start until the public hearing is closed, so if you keep the public hearing open and when the text change is acted on, the case could be continued. Mr. Maiorano stated we need to have some reasonable time period on when the text change would come forth and we would know what tools are available. Mr. Crane indicated he felt they could have the text change to the Planning Commission and back to Council in 60 days. Mr. Maiorano moved that the Council hold the public hearing on Z-22-14 opened and staff bring a text change to Council within 60 days for consideration. His motion was seconded by Mr. Weeks and put to a vote which resulted in all members voting in the affirmative except Mayor McFarlane and Ms. Crowder who voted in the negative. The Mayor ruled the motion adopted do a 6-2 vote.

Ms. Baldwin indicated she had just been in contact with Secretary Tony Tata and sent him photographs of the road and he states he will contact the Engineer in charge to see if we can get some assistance with the roads.

REZONING Z-23-14 – MP-1-14 – MAYWOOD AVENUE – HEARING – APPROVED

This is a hearing to consider a request from Cityspace Investment Group, LLC and Triangle Broadcast Associates to rezone approximately 16.64 acres Industrial-2 and Residential-10 Conditional Use, both with Special Highway Overlay District-2 (IND-2 & R-10-CU w/ SHOD-2). The property is located on the south side of Maywood Avenue between Lake Wheeler Road and Montrose Street.


Mr. Maiorano stated he had previously been excused from this case; therefore, left the table.

Planner Doug Hill presented the case pointing out this will be the first planned development the Council has seen under the UDO. He presented information on the various types of buildings, existing versus proposed zoning, consistency with plans, etc. There is significant Walnut Creek floodplain present and it would remain undisturbed. Mr. Hill pointed out the single-family attached, accessory units, multi-family or a total of 57 single-family units with two four unit apartments. Mr. Hill stated the Planning Commission recommended approval by unanimous vote and the Southwest CAC voted in favor of the proposal 19-0. The Mayor opened the hearing.

April 7, 2015

Ron Massey, Engineer representing the applicant, talked about the desire to have a development that is an extension of the existing community. They wanted to honor the small lot nature of the surrounding neighborhood. He talked about architectural features in the development. No one else asked to be heard thus the hearing was closed. Mr. Gaylord moved approval. His motion was seconded by Ms. Baldwin. Mr. Stephenson questioned if there is an alleyway behind the homes with the Engineer pointing out the Maywood units are alley loaded. The motion as stated was put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 422 ZC 708.

TC-1(A)-14 VEHICULAR SIGNAGE – HEARING – APPROVED

This is an amendment to the Part 10 Zoning Code and Part 10A Unified Development Ordinance. The amendment would add a definition for vehicular signage and create regulations related to these sign typesFollowing the closing of the hearing, the Council may take action to approve, deny or refer to committee.

The Mayor opened the hearing, no one asked to be heard thus the hearing was closed. Ms. Baldwin moved approval. Her motion was seconded by Mr. Weeks. In response to questioning from Mr. Stephenson the definition of enforcement of the vehicular signage was talked about briefly. The motion as stated was put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 423 TZ 364.

TC-1-(B)-14 – WINDOW SIGNAGE – HEARING – ORDINANCE ADOPTED

This is an amendment to the Part 10 Zoning Code and Part 10A Unified Development Ordinance. The amendment would modify the definition of “sign”, create regulations in the Part 10 Zoning Code for window signage and modify the standards related to window signage in the Part 10A Raleigh Unified Development Ordinance.

Following the closing of the hearing, the Council may take action to approve, deny or refer to committee. The Mayor opened the hearing no one asked to be heard, thus the hearing was closed. Ms. Baldwin moved approval as outlined. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 424 TC 365.

TC-1(C)-14 – CHANGEABLE COPY AND COMMON SIGNAGE PLAN – HEARING – ORDINANCE ADOPTED

This is an amendment to the Part 10A Raleigh Unified Development Ordinance. The amendment would include a provision for changeable copy signage and increase the number of colors allowed in a common signage plan.

April 7, 2015


The Mayor opened the hearing, no one asked to be heard thus the hearing was closed. Ms. Baldwin moved adoption of the ordinance as presented. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 425 TC 366.

Adjournment: There being no further business, Mayor McFarlane announced the meeting adjourned at 9:45 p.m.

Gail G. SmithCity Clerk

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