Tài liệu City Council Agenda doc

Nancy McFarlane, Mayor Eugene Weeks, Mayor Pro Tem Mary-Ann Baldwin Thomas G. Crowder Bonner Gaylord John Odom Randall K. Stagner Russ Stephenson 1:00 P.M. AND 7:00 P.M., TUESDAY JUNE 4, 2013 THE COUNCIL CHAMBER City Council Agenda June 4, 2013 2 NOTICE TO HEARING IMPAIRED: Audio enhancements have been installed in the Council Chamber. Assistive listening devices are available upon request. Interpreters for Deaf and Hearing Impaired are available. If needed, please provide a 24-hour notice by calling 996-3100 (voice) or 996-3107 (TDD). A. MEETING CALLED TO ORDER BY THE MAYOR 1. Invocation - Rabbi Lucy Dinner, Temple Beth Or 2. Pledge of Allegiance RECOGNITION OF SPECIAL AWARDS B. AGENCY GRANTEE PRESENTATION - INTERNATIONAL FOCUS, INC. C. CONSENT AGENDA All items on the consent agenda are considered to be routine and may be enacted by one motion. If a Councilor requests discussion on an item, the item will be removed from the consent agenda and considered separately. The vote on the consent agenda will be a roll call vote. 1. Hillsborough Street Community Services Corporation The bylaws of the Hillsborough Street Community Services Corporation call for two members of the Board of Directors to be appointed by the City Council, including the sitting District D Councilor and the City Manager or his designee. Both City appointees are up for reappointment. Recommendation: Reappoint Councilor Thomas Crowder to fill the Board position designated for the sitting District D Councilor, with Councilor Russ Stephenson filling in during Councilor Crowder's absence, and reappoint Assistant City Manager Dan Howe as the City Manager's designee to the Board. 2. Lake Wheeler Dragon Boat Race Authorization is requested to close routine operations at Lake Wheeler Park on Saturday, June 22, 2013, for the Dragon Boat Races. This event requires closure of boat ramps to all motorized vessels from 6 a.m. until 3 p.m. Areas of the park other than the lake will remain open for public use. No admissions fee will be required for spectators or other visitors to the park. Recommendation: Authorize the closure of routine operations of Lake Wheeler for the Dragon Boat race event on June 22, 2013. 3. Equipment Fund Installment Financing The adopted FY2012-13 budget and the proposed FY2013-14 identify certain rolling stock and other equipment to be funded through the regular, biannual Equipment Fund installment financing program. Financing for the equipment acquisition generally occurs at the midway point between the two fiscal years. The City has solicited interest rates for a proposed not exceeding $35,000,000 Series 2013 Equipment Fund installment financing agreement from various banks and financial institutions, with Banc of America Public Capital Corp submitting the lowest interest rate bid of 0.9007% for the 59-month term. City Council Agenda June 4, 2013 3 To proceed with the proposed financing, it is necessary for Council at the June 4, 2013 meeting to adopt a resolution authorizing the execution and delivery of an installment financing agreement, a security agreement, and related documents and to authorize staff actions in connection with the financing of equipment for the City. Included in the agenda packet are suggested proceedings as prepared by the City’s bond counsel. Recommendation: Adopt the resolution authorizing the installment financing agreement and authorize the appropriate staff actions. 4. Tax Collector Orders To comply with North Carolina General Statute 105-321, orders directing the Tax Collector of the City of Raleigh, the Tax Collector of Wake County, and the Tax Collector of Durham County to collect taxes charged in the tax records are required to be adopted annually and entered into the minutes of the City Council. Raleigh Revenue Manager The City of Raleigh Revenue Manager (Tax Collector) requests that the City adopt and enter into the minutes orders directing the Tax Collector to collect taxes charged in the records pursuant to advice from the Institute of Government and in compliance with NC General Statute 105-321. Wake County Revenue Administrator The Wake County Revenue Administrator (Tax Collector) has requested that the City adopt and enter into the minutes orders directing the Tax Collector to collect taxes charged in the records pursuant to advice from the Institute of Government and in compliance with NC General Statute 105-321. Durham County Tax Administrator The Durham County Tax Administrator (Tax Collector) has requested that the City adopt and enter into the minutes orders directing the Tax Collector to collect taxes charged in the records pursuant to advice from the Institute of Government and in compliance with NC General Statute 105-321. Recommendation: Direct the City Clerk to enter each order into the minutes and authorize the Mayor to execute the orders. 5. Public Utilities - Various Code Clarifications On April 16, 2013, City Council adopted Ordinance 2013-179 which combined the former Acreage fees and Capital Facilities fees (also formerly known as Nutrient Reduction fees) into a new connection fee called Capital Facilities fee for water and sewer service, based on meter size. The new fee will become effective on July 1, 2013. Included in the agenda packet is a supplemental ordinance to revise additional sections of the City Code to conform to the provisions of the recently adopted Ordinance 2013-179. The proposed supplemental ordinance revises City Code Sections 8-2093 - Acreage Fees, Exception; 8-2094 – Project Procedures and Execution of Reimbursement Contract; and 8-2095 – Reimbursement Contract. The proposed revisions delete references to “acreage fees” and include language for consistency with the newly adopted Capital Facilities fee ordinance. In addition, the proposed ordinance includes new language to limit the amount of time a developer has to request reimbursement for major water or sewer main installations. Establishing a time limit is important for financial accountability and planning purposes. There have been instances where requests for reimbursement have been held by developers for as long as seven years following acceptance by the City of a major main installation. City Council Agenda June 4, 2013 4 The proposal also establishes an allocation percentage of 12% of Capital Facilities fees to the major main reimbursement fund to reimburse developers. This percentage is projected to provide slightly more revenue per residential connection for the reimbursement fund than the previous acreage fee contribution amount. Recommendation: Adopt the ordinance as included in the agenda packet. 6. Parade Routes 6.1 500 Block of Bilyeu Street, 500 and 600 Blocks of Kirby Street Ms. Beth Khalifa, representing her neighborhood, requests permission for a parade and street closure on Saturday, June 22, 2013 from 3:00 p.m. until 9:00 p.m. for a neighborhood block party. The parade will be held on Bilyeu Street from 5:00 p.m. until 6:30 p.m. The block party will be held on Kirby Street. 6.2 500 Block of E. Jones Street Mr. Greg Hallam requests permission for a parade and street closure on Wednesday, July 4, 2013, from 12:00 p.m. until 9:00 p.m. He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property during the event. Recommendation: Approve subject to conditions noted on the reports in the agenda packet. 7. Road Races 7.1 1800 Block of Oberlin Road Ms. Jill Kissinger requests permission for a road race on Saturday, June 29, 2013 from 8:00 a.m. until 10:00 a.m. for a benefit race for fallen fighters. 7.2 Vicinity of 12201 New Leesville Blvd Ms. Leslie Young, representing her neighborhood, requests permission for a children’s race on Saturday, August 3, 2013 from 8:00 a.m. until 10:00 a.m. 7.3 Vicinity of Baileywick Road Ms. Paula Ruff, representing the A.E. Finley YMCA, requests permission for a road race on Sunday, August 25, 2013 from 7:30 a.m. until 11:00 a.m. Recommendation: Approve subject to conditions noted on the reports in the agenda packet. 8. Temporary Street Closings 8.1 100 thru 400 Blocks of Fayetteville Street, from Hargett Street to the City Plaza, Davie Street from South Salisbury Street to South Wilmington Street, Martin Street from South Salisbury Street to South Wilmington Street Mr. Guy Caprioli, representing the Food Truck Rodeo, requests to modify his earlier street closure request. He wishes to add an additional street and modify the time on Sunday, June 9, 2013, and Sunday, October 13, 2103 from 6:00 a.m. until 7:00 p.m. He is also requesting a street closure on Sunday, August 11, 2013 from 12:00 p.m. until 11:00 p.m. to facilitate a food truck rodeo. He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to City Council Agenda June 4, 2013 5 allow amplified sound during the event. His original request was approved on the May 7, 2013 agenda. 8.2 300 Block of Camden Street, between East Martin Street and East Davie Street Ms. LaTonya Futrell requests permission for a street closure on Saturday, June 22, 2013, from 2:00 p.m. until 8:00 p.m. for a child’s birthday party. She is also requesting permission to allow amplified sound during the event. 8.3 Vicinity of Bragg Street from Person Street to Blount Street Mr. Thaddeus Farrar, representing the Ship of Zion Church, requests permission for a street closure on Saturday, June 22, 2013, from 11:30 a.m. until 3:00 p.m. for a neighborhood basketball competition. 8.4 2300 Block of Sapphire Valley Drive Mr. Mark Echols, representing his neighborhood, requests permission for a street closure on Saturday, July 13, 2013, from 5:00 p.m. until 11:00 p.m. for an annual neighborhood block party. He is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property. 8.5 1100 Block of South Saunders Street between Grissom Street and Hamel Street Mr. Kris Weiss, representing Ray Price Harley Davidson, requests permission for a street closure on Saturday, July 13, 2013, from 8:00 a.m. until 5:00 p.m. 8.6 Vicinity of Habitat Court Ms. Lena Barbour requests permission for a street closure on Saturday, July 20, 2013, from 10:00 a.m. until 5:00 p.m. for a neighborhood children’s festival. 8.7 200 Block of East Franklin Street Ms. Margo Metzger requests a street closure on Friday, June 7, 2013, from 6:00 p.m. until 11:30 p.m., for an art exhibit. She is also requesting a waiver of all City ordinances concerning the possession and consumption of alcoholic beverages on City property and permission to allow amplified sound during the event. Recommendation: Approve subject to conditions noted on the reports in the agenda packet. 9. Grants 9.1 Wake County Open Space Grant Application The Wake County Open Space Partnership Funding Program provides dollar-for- dollar matching grant funds for open space acquisitions and greenway development. The Crabtree Creek Greenway trail from the Neuse River to Umstead State Park is nearly complete. A major gap in the trail is a 1.4 mile section from Lindsay Drive to Umstead State Park. It is recommended that the City submit a grant application in the amount of $2,010,000. For Phase 1, acquisition and design, the initial City match of City Council Agenda June 4, 2013 6 $225,000 would be available from the balance of current projects. For the construction phase, the City match would be provided by future budget appropriations. Recommendation: Authorize staff to submit a Wake County Open Space Grant application in the amount of $2,010,000. 9.2 Capital Area Metropolitan Planning Organization Each year the Capital Area Metropolitan Planning Organization (MPO) selects projects to be funded using Surface Transportation Program - Direct Allocation (STP-DA) funds. During last year’s planning process, it was decided to conduct a comprehensive transportation and land use planning study for the northeast portion of the MPO’s planning area, including northeast Wake County and the southern part of Franklin County. This study will serve as the basis for updating the MPO’s comprehensive multi-modal transportation plan for this area. The NC Department of Transportation (NCDOT) informed the MPO that it will participate in funding the cost of this study by providing State Planning and Research (SPR) Funds in the amount of $156,250 for the period July 1, 2013- June 30, 2014. Stantec Consulting Services, Inc. was hired to conduct a coordinated study of the area, perform public outreach, and provide the MPO with alternatives which will be presented to the cities and counties for review. A contract for the consultant was approved by the City Council on the November 20, 2012 Agenda. At this time, Council is being asked to authorize the City Manager to sign the Agreement, included in the backup, with NCDOT to accept the $156,250 in SPR funds. Since these funds are for FY2013-14, the funds will be included in the Capital Area MPO FY14 budget accordingly. The City Attorney’s office has reviewed this item and found it to be correct as to form. Recommendation: Accept the financial participation from NCDOT and authorize the City Manager to execute the Interlocal Agreement with NCDOT. 9.3 Clean Water Management Trust Fund Grant Contract - Amendment Number One On February 15, 2011, City Council accepted the Clean Water Management Trust Fund (CWMTF) Grant 2010-210 for the acquisition of fee simple or greenway easements along the Walnut Creek portion of the Neuse River Greenway. Funding for the purchase of this property was obtained through an alternative grant source. CWMTF is requesting an amendment to the contract to reallocate the acquisition funds to another state project. The City will be allowed to use the transactional cost and project management cost associated with this project. Recommendation: Authorize the City Manager to execute contract Amendment Number One to CWMTF Project Number 2010-210. Approve the following budget amendment. The following accounts should be decreased: Revenue Accounts: 636-6210-513170-986-GRT03-99310010 $ 357,966 State Grants 636-6210-556360-986-GRT03-99310010 715,932 City Match $1,073,898 City Council Agenda June 4, 2013 7 Expense Account: 636-6210-791010-986-GRT03-99310010 $1,073,898 Acquisition Cost 9.4 NCDOT Municipal Agreement - TIGER IV Grant Award The City, in partnership with the NC Department of Transportation (NCDOT) and the Triangle Transit Authority, submitted an application for a Transportation Investment Generating Economic Recovery (TIGER) grant in March 2012. In June 2012, the City was notified that it was the recipient of a $21,000,000 award, a portion of the funds requested. The City is currently working with the Federal Rail Administration to finalize a Cooperative Agreement for the grant. A prerequisite for completing this agreement and receiving the grant funding is the execution of a Municipal Agreement between NCDOT and the City articulating the terms of the agreement including funding contributions and project responsibilities. The Municipal Agreement will outline the proposed scope of work for this phase of the project and grant administration requirements. Recommendation: Authorize the City Manager to execute the Municipal Agreement as proposed. 10. Easements 10.1 Sanitary Sewer Easement Exchange - WakeMed North Hospital WakeMed Property Services has requested to exchange existing sanitary sewer easement areas for new easement areas on property which it owns at WakeMed North Hospital in Raleigh. The exchange of sanitary sewer easement areas is requested due to changes in routing of infrastructure to accommodate expansion of the existing WakeMed North Hospital. WakeMed Property Services requests exchange of approximately 9,000 square feet of existing sanitary sewer easement areas for new proposed sanitary sewer easement areas containing approximately 13,409 square feet. Since the new infrastructural alignment and proposed exchange renders the City whole in its ability to provide ongoing sewer service, as is the case with the existing alignment, no monetary consideration is recommended by City staff as a condition of the exchange. Recommendation: Approve the proposed sanitary sewer easement exchange and authorize the publication of a Notice of Intent, pursuant to GS 160A-271, to conclude the property interest exchange. City Council Agenda June 4, 2013 8 11. Contracts and Consultant Services 11.1 On-Call Professional Engineering Services In April 2013, City Council authorized staff to negotiate a fee and contract with The Wooten Company for on-call professional engineering services. Services include design services for collection/distribution construction projects that are less than $3,000,000 and plant construction projects that are less than $5,000,000. All capital projects exceeding these thresholds will be selected based on qualifications from a separate request for proposals for that individual project. A contract has been negotiated with The Wooten Company in an amount not to exceed $250,000 for these services. Funding is appropriated in the capital budget. Recommendation: Authorize the execution of a contract with the Wooten Company. 12. Personnel Changes 12.1 Solid Waste Services Reclassification of two Solid Waste Services (SWS) Equipment Operator II (EOII) positions (Position Nos. 2844 & 2858, PG 26, Job Code 4017) to SWS Equipment Operator III (EOIII) (PG 27, Job Code 4019) is requested. With the adoption of the FY2012-13 annual budget, the third phase of the automated recycling program was authorized. As part of the program, two SWS EOII positions were to have been reclassified as SWS EOIII in order to operate the automated recycling vehicles. This reclassification was inadvertently omitted. The FY13 budget impact of this request is estimated at $234 with an annualized impact of $3,144. The Human Resources Department has reviewed the reclassification. Recommendation: Approve the reclassifications. 13. Street Closing Requests 13.1 STC-1-13 Anderson Point Drive Rick Baker, representing Baker Engineering Consultants, is petitioning to close a portion of right-of-way known as Anderson Point Drive, located between North Rogers Lane and Robbins Drive. Recommendation: Adopt a resolution authorizing a public hearing to be held on Tuesday, July 2, 2013 to consider closure of the right-of-way as requested. 14. Encroachment Requests 14.1 Harrington Street A request has been received from MCNC (formerly the Microelectronics Center of North Carolina) to install fiber optical cable in the right-of-way. A report is included in the agenda packet. Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. City Council Agenda June 4, 2013 9 14.2 Intersection of Polk Street and Wilmington Street A request has been received from LNR Blount Street, LLC to install brick banding, concrete pavers, tree grates, light poles, and street trees in the right-of- way. A report is included in the agenda packet. Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. 14.3 861 West Morgan Street A request has been received from Gary Hoover to install sidewalk improvements per the Pedestrian Business Overlay District (PBOD) streetscape plan in the right-of-way. A report is included in the agenda packet. Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. 15. Budget Amendments 15.1 Parks and Recreation The following accounts should be increased by: Increase Revenue: 636-6210-532990-000-CIP03-79990030 $715,932 P&R Fund Reserve Project Increase Expense: 636-6210-792020-975-CIP03-99220070 $150,000 Lower Neuse Greenway-JAK 636-6210-792020-975-CIP03-99220120 150,000 Lower Neuse Greenway-SKY 636-6210-792020-975-CIP03-99220110 415,932 Lower Neuse Greenway-HSB $715,932 Purpose: To appropriate project funds originally allocated for greenway acquisition. The funding is necessary for greenway construction work on multiple segments of the Neuse River greenway trail construction project. 15.2 Public Works – Transit The following accounts should be amended: Decrease Revenue Account: 410-2260-530100-000 Farebox Revenue $1,000,000 Increase Revenue Account: 410-2260-532900-000 Miscellaneous Revenue $1,803,734 Increase Expense Account: 410-2260-712110-580 Farebox Reimbursement $803,734 Purpose: To revise the adopted budget ordinance due to the reclassification of GoPass sales from farebox revenue to miscellaneous revenue. Accounting procedures require the farebox reimbursement expense account to balance with the sum of farebox and miscellaneous revenue accounts. City Council Agenda June 4, 2013 10 15.3 Clean Water State Revolving Fund The four projects below were originally to be funded with bond proceeds. Portions of these projects were eligible for alternative financing through low- interest loans from the Clean Water State Revolving Fund, Drinking Water State Revolving Fund, and State and Tribal Assistance Grant (STAG). Council previously approved application for these loans and accepted the funding that was awarded. It has been determined that a budget amendment for the revenue should have been performed with Council’s acceptance of the loan for proper accounting purposes. The amendment is to reallocate budget to reflect the alternative financing source. For the D.E. Benton Water Treatment Plant Backwash Waste Facility, accepted by Council 4/07/2009: Decrease Revenue Account: 349-518100-0000-000-CIP01-79990010 $6,688,700 Bond Proceeds Increase Revenue Account: 349-513533-5210-000-CIP01-80300001 $6,688,700 Revolving Loan Proceeds For the D.E. Benton Water Treatment Plant Backwash Waste Facility, accepted by Council 4/07/2009: Decrease Revenue Account: 349-518100-0000-000-CIP01-79990010 $485,000 Bond Proceeds Increase Revenue Account: 349-513160-5210-000-CIP01-80300001 $485,000 Revolving Loan Proceeds For the Crabtree Creek North Bank Interceptor Project, accepted by Council 7/05/2011: Decrease Revenue Account: 349-518100-0000-000-CIP01-79990010 $15,252,952 Bond Proceeds Increase Revenue Account: 349-513533-5210-000-CIP01-91690000 $15,252,952 Revolving Loan Proceeds For the Centennial Reuse Pipeline Segment 4 Project, accepted by council 5/01/2012: Decrease Revenue Account: 349-518100-0000-000-CIP01-79990010 $5,125,312 Bond Proceeds Increase Revenue Account: 349-513533-5210-000-CIP01-85300000 $5,125,312 Revolving Loan Proceeds [...]... Substance Abuse Advisory Commission – One Vacancy Clif Lavenhouse (Gaylord) 17 City Council Agenda June 4, 2013 Q REPORT AND RECOMMENDATION OF THE CITY ATTORNEY R REPORT AND RECOMMENDATION OF THE CITY CLERK 1 Minutes of the May 7, 2013 and May 21, 2013 Council meetings will be presented 18 City Council Agenda June 4, 2013 EVENING AGENDA - 7:00 P.M A REQUESTS AND PETITIONS OF CITIZENS 1 2 3 4 5 6 7 8 9 10... changes in the traffic code as included in the agenda packet THIS IS THE END OF THE CONSENT AGENDA 12 City Council Agenda D June 4, 2013 REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION The Planning Commission recommendations on the following items were unanimous The Council may wish to consider these items in the same manner as items on the consent agenda Items marked with one asterisk (*) beside... Landmark 2 City Preservation Revolving Fund Loan for the Plummer T Hall House 15 City Council Agenda June 4, 2013 The City Preservation Revolving Fund Loan for the Plummer T Hall House is due The Raleigh Historic Development Commission's goal is two-fold: (1) to obtain the deed for this property and to ensure its resale to a party sympathetic of its landmark designation; and (2) to repay the City Preservation... needs Priest Craven & Associates 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 is included in the agenda packet 14 City Council Agenda June 4, 2013 Recommendation: Approve the design and authorize staff to move forward with plan completion and implementation... Status Report (5/7/13) O REPORT OF MAYOR AND COUNCIL MEMBERS P APPOINTMENTS The following committees have appeared on past agendas and some nominations have been made The Council may take action to make appointments or if the nominations have not been closed, which would be indicated on the agenda, additional nominations may be made on the ballot in the agenda packet An asterisk beside a name means... associated with this request 13 City Council Agenda June 4, 2013 CR-11536 from the Planning Commission recommends a 45 day time extension E SPECIAL ITEMS 1 Unfit Building - 420 Montague Lane During the May 21, 2013 Council meeting, Mark Anthony Ferrell was at the meeting to discuss fines being assessed related to 420 Montague Lane It was directed that Mr Ferrell work with City staff to develop a plan... Falls of Neuse Road Conditional Use District The Committee recommends that the City Council uphold the Planning Commission's recommendation for approval of Z-5-13/MP-4-12 as outlined in CR #11524, with amended conditions dated April 17, 2013 2 MP-4-12 – Life Time Fitness Master Plan The Committee recommends that the City Council uphold the Planning Commission's recommendation for approval of MP-4-12... Rivertowne Development 16 City Council Agenda June 4, 2013 The Committee recommends upholding staff’s recommendation to approve amendments to the Joint Venture Agreement and the Escrow Agreement, and authorize staff to negotiate minor edits A copy of staff’s memo dated May 5/10/2013 outlining the proposed amendments to the Joint Venture Agreement and Escrow agreement is included in the agenda packet 2 Items... Poole Road is in accordance with City Code Section 10-3024 The amount of reimbursement is based on standard Code established rates for this property in the Residential-6 Conditional Use Zoning District The property owner asks that Council authorize payment in one sum immediately upon authorization per Council s discretion, Code Section 10-3024(b)(5) The Departments of City Planning and Finance have reviewed... $13,116,243 1,502,685 367,560 $14,986,488 Funding is available in 320-79202-5210-975-CIP01-84680000 and 325-792025210-975-CIP01-84680000 Recommendation: Authorize the City Manager to execute the change order in the amount of $367,560 11 City Council Agenda 18 June 4, 2013 Bids 18.1 Riley Construction Group, Inc Four construction bids were received April 30, 2013 for the “Utility Field Operations Center (UFOC) . project to City Council for review of the design and final authorization of the project. A memorandum is included in the agenda packet. City Council Agenda. Directors to be appointed by the City Council, including the sitting District D Councilor and the City Manager or his designee. Both City appointees are up for