Charles C.

Meeker, Mayor
James P. West, Mayor Pro Tem
Mary-Ann Baldwin
Thomas G. Crowder
Philip R. Isley
Rodger Koopman
Nancy McFarlane
Russ Stephenson

1:00 P.M. AND 7:00 P.M., TUESDAY

FEBRUARY 3, 2009
THE COUNCIL CHAMBER
City Council Agenda February 3, 2009

NOTICE TO HEARING IMPAIRED:

Audio enhancements have been installed in the Council Chamber. Assistive listening devices are
available upon request. Interpreters for Deaf and Hearing Impaired are available. If needed, please
provide a 24-hour notice by calling 890-3100 (voice) or 890-3107 (TDD).
A. MEETING CALLED TO ORDER BY THE MAYOR
1. Invocation - Reverend David Mallory, Hillyer Memorial Christian Church
2. Pledge of Allegiance
B. RECOGNITION OF SPECIAL AWARDS
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. African-American Cultural Festival - Management Agreement with Artsplosure
The City, Wake County, African-American Cultural Festival (AACF) Board and the
Artsplosure Board have worked jointly to develop an action plan, management structure
and six month operating budget to assist the AACF Board in developing the festival’s
thematic focus and programs. Artsplosure will provide the professional services for a six
month fee of $51,864 which will be split between the City and County. Support for the
festival is included in the 2008-09 Budget.
Recommendation:
Approval.
2. Cree Shimmer Wall Sign
The signs previously approved by Council to identify the Cree Shimmer Wall require an
encroachment authorization from NCDOT in order to project into the McDowell Street
right-of-way. That authorization has not been forthcoming. Cree has proposed an
alternate sign location and style that will not require an encroachment agreement with
NCDOT. Additional information is in the agenda packet.
Recommendation:
Approve alternate Cree Shimmer Wall sign as proposed, subject to normal sign permit
requirements.
3. Proposed February 10, 2009, GO Bond Sale and GO Refunding Bond Sale
Based on current market rates, the City may be able to achieve net present value savings
in the range of $1 million to $1.4 million by refunding certain of its outstanding Series
1997 General Obligation Refunding Bonds, Series 1997 Parking Facilities Bonds and
Series 1998 Street Improvement Bonds. To proceed with the sale of the proposed not to
exceed $20,055,000 GO Refunding Bonds on February 10, 2009, along with the planned
sale of $11,130,000 two thirds general obligation bonds (consisting of $3,980,000 Fire
Station Bonds, $1,500,000 Recreation Bonds, $3,400,000 Street Improvement Bonds,
$750,000 Public Building Bonds and $1,500,000 Sustainability Projects Bonds) and
$10,000,000 taxable affordable Housing Bonds, it is necessary for the City Council to
take the following actions at its February 3, 2009, meeting: (1) adopt a resolution making
certain findings and determinations and authorizing the filing of an application with the
Local Government Commission in connection with the proposed issuance of general

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obligation refunding bonds of the City; (2) introduce and adopt an order authorizing
general obligation refunding bonds; designate the City’s Chief Financial Officer to file a
Sworn Statement of Debt with the City Clerk; and direct the City Clerk to publish the
bond order in The News and Observer; (3) adopt a resolution authorizing the issuance of
the two-thirds bonds; (4) adopt a resolution authorizing the issuance of the refunding
bonds; and (5) adopt a resolution authorizing the issuance of the voted bonds.
Suggested proceedings prepared by bond counsel for the above actions are in the agenda
packet.
Recommendation:
Approve the above actions.
4. Resolution Authorizing Donation of Surplus Property
The Purchasing Manager has a resolution authorizing the donation of a surplus 1998
electric S-10 Chevrolet pickup truck that is no longer of use to the City and can be
utilized by another agency. G.S. 160A-280 gives authority to local governments to
donate to another governmental unit within the United States, a sister city, or a nonprofit
organization. A public notice has been made of at least five days prior to the adoption of
a resolution approving the donation.
The donation of one each surplus 1998 electric Chevrolet S-10 Pick-Up Truck from
Vehicle Fleet Services to the Advance Transportation Energy Center (ATEC) of North
Carolina State University.
Recommendation:
Approve the recommendation of Administration to adopt the resolution and make the
donation.
5. Road Race - Various Streets in the Centennial Campus Vicinity
Amy Orders, representing the NCSU Police Department, requests a street closure on
Saturday, February 28, 2009, from 8:00 a.m. until 11:00 a.m. for a fundraising road race.
Recommendation:
Approve subject to conditions on the report in the agenda packet.
6. Temporary Street Closings
6.1 100 Block of West Cabarrus Street
Stacey Carless, representing the City of Raleigh, requests a street closure on
Friday, February 13, 2009, from 8:00 a.m. until 10:00 a.m. for a City event.
Recommendation:
Approve subject to conditions on the report in the agenda packet.
6.2 500 Block of Bragg Street
Michael Fields, representing Poplar Springs Christian Church, requests a street
closure on Saturday, June 13, 2009, from 12:00 p.m. until 5:00 p.m. for a
community outreach event.
Recommendation:
Approve subject to conditions on the report in the agenda packet.

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7. Request for Public Hearing - 2030 Comprehensive Plan

It is requested that the City Council authorize a joint special public hearing with the
Planning Commission on the Comprehensive Plan on Thursday, March 19, 2009, at 6:30
p.m.
Recommendation:
Authorize the hearing to be scheduled at 6:30 p.m. on Thursday, March 19, 2009.
8. Grant - Federal Aviation Administration (FAA) Grant to Raleigh-Durham Airport
Authority
The Federal Aviation Administration (FAA) issued a grant offer on January 20, 2009, in
the amount of $792,192 to Raleigh-Durham Airport Authority for rehabilitation of
runway 5R-23L, Airport Improvement Program Project Number 3-37-0056-36-2009.
The FAA requires the City of Raleigh along with the City of Durham, County of Durham
and County of Wake to accept grant offers for airport improvement programs. There is
no cost to the City of Raleigh.
Recommendation:
Authorize the Mayor’s signature on the grant documents as required by the FAA.
9. Contract Amendments
9.1 Kimley Horn and Associates Amendment #4 City of Raleigh Parking Deck
& Transit Mall Repairs
A contract amendment has been negotiated with Kimley Horn and Associates to
provide an update to the Moore Square Deck condition assessment and new
condition assessment reports for the Moore Square Transit Mall and the
Performing Arts Center Deck. In addition to the assessment reports, Kimley
Horn will provide design and construction administration services associated
with these repairs. Total cost of this amendment is $60,000. Funds will be
transferred administratively.
Recommendation:
Authorize the City Manager to execute the amendment increasing Kimley
Hornand Associates contract in the amount of sixty thousand dollars ($60,000) to
finish services.
9.2 Wilders Grove Solid Waste Service Center
A supplemental agreement with the consultant for the Solid Waste Service
Center Project, Hazen & Sawyer, has been negotiated in the amount of
$1,199,600. This agreement will complete the engineering, design development,
LEED documentation and registration, permitting and construction document
development and bidding effort services for the Wilders Grove Solid Waste
Service Center, including the site development. This agreement will also provide
services to continue site grading, development and restoration efforts for the
Wilders Grove borrow pit area in support of construction of the new Solid Waste
Service Center. Funds are available and transfer will be handled
administratively.
Recommendation:
Authorize the City Manager to execute a supplemental agreement with Hazen &
Sawyer to complete the permitting and design development efforts to support the

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new Solid Waste Service Center and for efforts to support the grading and
restoration to restore the Wilders Grove borrow pit for the Solid Waste Service
Center.
10. Easements
10.1 Cemetery Branch Sanitary Sewer Replacement Property Exchange
Staff has been working to acquire sanitary sewer and temporary construction
easements from Donald C. Corey, Vanese L. Clough and Kip Dell Homes, Inc.
for the Cemetery Branch Sanitary Sewer Replacement Project.
In order to facilitate a negotiated settlement for the necessary sanitary sewer, and
temporary construction easements needed from Mr. Corey, Ms. Clough and Kip
Dell Homes, Inc., authorization is requested to proceed with a proposed property
interest exchange to Donald C. Corey, Vanese L. Clough and Kip Dell Homes,
Inc. as well as publish a Notice of Intent to conclude the proposed property
interest exchange.
Recommendation:
Approve the proposed property exchange of the residual property interest to
Donald C. Corey, Vanese L. Clough and Kip Dell Homes as well as authorize
publication of a Notice of Intent, pursuant to GS 160A-271, to conclude the
proposed property interest exchange.
10.2 D.E. Benton WTP Water Transmission Main - Property Interest Exchange
Staff has been working to acquire water line, and temporary construction
easements from the State of North Carolina for the D.E. Benton WTP Water
Transmission Main Project.
In order to facilitate a negotiated settlement for the necessary water line, and
temporary construction easements needed from the State of North Carolina;
authorization is requested to proceed with a proposed property interest exchange
of residual property interest to the State of North Carolina and to publish a Notice
of Intent to conclude the proposed property interest exchange.
Recommendation:
Approve the proposed property interest exchange to the State of North Carolina
and authorize publication of a Notice of Intent, pursuant to GS 160A-271, to
conclude the proposed property interest exchange.
11. Personnel Changes
11.1 Administrative Services - Conversion of Position - Sustainability
The Administrative Services Department currently has a part-time temporary
position assigned to the Sustainability Program. Due to the City’s focus on
sustainability, the responsibilities and workload of the position have grown
significantly. The Sustainability Program’s expanding duties create a need for
permanent resources dedicated to fulfilling its mission. It is requested that the
part-time temporary position be converted to a part-time permanent Staff Analyst
position (0146), pay grade 36. Funding for the requested conversion is available
in the Administrative Services budget.
Recommendation:
Approve.

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11.2 Public Utilities Position Reclassification

Public Utilities currently has a vacant Project Engineer II position, classification
#1019, (5210-601, #005052), pay grade 38, in the Administration Division. In
order to allow the position to be filled with a highly qualified engineer to assist
with implementation of the Public Utilities Capital Improvements Program
before it is filled, it is requested to reclassify this vacant position to a Public
Utilities Construction Projects Administrator, classification #1033, pay grade 42.
Funds are available in the divisional salaries account for the remainder of the
current fiscal year. The Personnel Department has reviewed the request and
concurs with the reclassification of the position.
Recommendation:
Approve the reclassification of this position.
11.3 Public Utilities Position Reclassification
Public Utilities currently has a Staff Support Specialist position, classification
#0003, (5240-611, #003499), pay grade 23, in the Construction Division. During
the last Job Analysis Questionnaire process, the Staff Support Specialist in the
Sewer Collection Division was reclassified to a Senior Staff Support Specialist
and the Staff Support Specialist in the Construction Division was inadvertently
overlooked by Personnel in the process. Therefore, it is requested that this be
corrected by reclassifying the Staff Support Specialist to a Senior Staff Support
Specialist, classification #0003, pay grade 25. Funds are currently available in
the divisional salaries account for the remainder of the current fiscal year. The
Personnel Department has reviewed the request and concurs with the
reclassification of the position.
Recommendation:
Approve the reclassification of this position.
11.4 Solid Waste Services - SWS Code Enforcement Officer - Pay Reclassification
The Personnel Department recently completed an off-cycle review of the pay
classification for the SWS Code Enforcement Officer position, classification
#4124 (5030-502, #005135), pay grade 30, in the Administration Division. It is
recommended that the position retain its current classification but be upgraded to
pay grade 31. Funds are available in the divisional salaries account for the
remainder of the current fiscal year.
Recommendation:
Approve change in pay classification for the SWS Code Enforcement Officer
from pay grade 30 to pay grade 31.
12. STC-11-08 - Noble Road and Hodges Street
James D. Joslin, President of Joslin Realty Inc., is petitioning to close all of Noble right-
of-way known as Noble Road, north of Hawes Court and all of Hodges Street west of the
parcel with the current PIN 1715021195, now or formerly owned by Raleigh Storage
Associates. The petition was submitted because the property owner wants to have a more
unrestricted open space for the adjacent residential land use believing it will enhance its
use and flexibility.
Recommendation:
Adopt a resolution authorizing a public hearing to be held on Tuesday, March 3, 2009.
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13. Budget Amendments

13.1 Police
The following accounts should be increased by:
Revenue Accounts:
810-7268-51328-984 Federal Grants $28,000.00
810-7268-51326-984 City Match 4,903.00
$32,903.00
Expense Accounts:
810-7268-60002-984 Salaries-OT $28,000.00
810-7268-62001-984 Retirement 1,361.00
810-7268-62003-984 Supplemental Retirement 1,400.00
810-7268-62005-984 Social Security 1,736.00
810-7268-62006-984 Medicare 406.00
$32,903.00
Purpose:
To budget accounts for a grant awarded by the Office of National Drug Control
Policy. The grant will provide funds for sworn Officers’ overtime for the
investigation of High Intensity Drug Trafficking Area (HIDTA) cases. There is a
$4,903 City Match required for this grant. The City Match funds are available in
account 100-0000-40016-000.
13.2 Police
The following accounts should be increased by:
Revenue Accounts:
810-7268-51328-985 Federal Grants $47,000.00
810-7268-51326-985 City Match 7,004.00
$54,004.00
Expense Accounts:
810-7268-60002-985 Salaries-OT $40,000.00
810-7268-62001-985 Retirement 1,944.00
810-7268-62003-985 Supplemental Retirement 2,000.00
810-7268-62005-985 Social Security 2,480.00
810-7268-62006-985 Medicare 580.00
810-7268-70890-985 Contractual & Other 2,000.00
810-7268-71201-985 Training/Travel & Registration 3,000.00
810-7268-75290-985 Equipment-Other 2,000.00
$54,004.00
Purpose:
To budget accounts for a grant awarded by the Office of National Drug Control
Policy. The grant will provide funds for sworn Officer’s overtime for the
investigation of High Intensity Drug Trafficking Area (HIDTA) cases. There is a
$7,004 City Match required for this grant. The City Match funds are available in
account 100-0000-40016-000.

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13.3 Public Utilities

The following accounts should be increased by:
Revenue Account:
325-9311-51610-000 Beaverdam Lake Sewer Extension $10,894.70
Expense Account:
325-9311-79202-975 Beaverdam Lake Sewer Extension $10,894.70
Purpose:
For Wake County Public Schools to provide funds for the completion of the
Sycamore Creek Elementary School Sewer Extension Project.
14. Right-of-Way Item - (Condemnation Request)
Efforts have been unsuccessful to obtain easements; therefore, it is recommended that a
resolution of condemnation be authorized for the following:

Project Name: Little Rock Greenway

Name: Carolyn H. Clemons, Wayne Clemons, Catina Clemons, Randy
Clemons and Frederick Clemons
Location: 702 Bragg Street
Recommendation:
Authorize condemnation to acquire the necessary easements.
15. Right-of-Way Item - (Condemnation Requests)
Negotiations have been unsuccessful to acquire the necessary rights-of-way and other
easements for the Leesville Road Improvements to be made for the new Sycamore Creek
Elementary School. To keep this project moving forward, it is recommended that
Council authorize condemnation to acquire the necessary rights-of-way and other
easements from the following properties:
Project Name: Leesville Road Improvements
Name: Lynn Corbin Beeson
Location: 5500 Farmridge Road
Project Name: Leesville Road Improvements
Name: Lois Spikes Berry and John T. Berry
Location: 10909 Leesville Road, 0 Leesville Road
Recommendation:
Authorize condemnation to acquire the necessary right of way and easements.
16. Right-of-Way Item - (Condemnation Request)
Negotiations have been unsuccessful to acquire the necessary easements for the Brecken
Ridge Avenue Stormwater Drainage Improvements Project. To keep this project moving
forward, it is recommended that Council authorize condemnation to acquire the necessary
easements from the following property:
Project Name: Brecken Ridge Avenue Stormwater Drainage Improvements
Project
Name: Chun Hsing Shih
Location: 7001 Brecken Ridge Avenue

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Recommendation:
Authorize condemnation to acquire the necessary easements.
17. Change Orders
17.1 Metal Siding & Roofing at Neuse River Wastewater Treatment Plant -
Change Order #1 - Vortex Construction Company, LLC
This change order is for a net increase of $256,919 and time extension of 120
calendar days.
Reason:
For additional work including construction of the Reuse Truck Fill Station
Building at the Neuse River Wastewater Treatment Plant, which will house an
office and store hypochlorite for the reuse bulk loading station, and interior
renovations to the existing farm building which include expansion of the shop
work area.
History:
Original contract amount $125,586.00
New contract amount $382,505.00
Recommendation:
Approve the change order in the amount of $256,919 and time extension of 120
calendar days. Funds are available in the project account.
17.2 Sanitary Sewer Cleaning - Change Order #7 - Hydrostructures
This change order is for a net increase of $300,000.
Reason:
For additional work cleaning sanitary sewer in right-of-way and in easement.
History:
Original contract amount $146,500.00
Previous net changes (ADD) $742,000.00
New contract amount $1,188,500.00
Recommendation:
Approve the change order in the amount of $300,000. Remaining funds are
available in the existing account.
17.3 Dempsey E. Benton Water Treatment Plant Project - Change Order #8 -
Archer Western Contractors, Ltd.
This change order is for a net increase of $4,279,181.
Reason:
For installation of selected components of the Dempsey E. Benton Water
Treatment Plant Waste Handling Facilities which are necessary for start-up of the
water plant. Work includes the installation of process piping, a chemical
containment and recovery building, access roads, electrical duct bank, site work
and a concrete diversion structure to permit diversion of waste flows from the
Dempsey E. Benton Water Treatment Plant to the Neuse River Wastewater
Treatment Plant and the Wrenn Road Wastewater Treatment Plant.

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History:
Original contract amount $104,952,042.00
Previous net changes (DEDUCT) ($13,867,688.00)
New contract amount $95,363,535.00
Budgetary accounts to be amended:
Transferred From:
348-9490-79001-975 Falls Lake RWPS Improvements $1,479,181.00
348-9938-79001-975 Oak Forest 30” Water Main 2,800,000.00
$4,279,181.00
Transferred To:
348-8896-79202-975 DE Benton WTP $4,279,181.00
Recommendation:
Approve the change order in the amount of $4,279,181 and the budgetary
transfer.
18. Bid - Dempsey E. Benton Water Treatment Plant Transmission Main - Phase 2
Project
Fourteen bids were received on December 19, 2008, for the construction of the Dempsey
E. Benton Water Treatment Plant Transmission Main - Phase 2 Project. Triangle
Grading & Paving, Inc., submitted the low bid in the amount of $7,842,991. Triangle
Grading & Paving, Inc., submitted a 0% MWBE participation plan.
Recommendation:
Approve the low bid of Triangle Grading & Paving, Inc., in the amount of $7,842,991
(transfer to be handled administratively).
Transferred From:
348-9367-79001-975 DEBWTP Water Transmission Main $7,842,991
Transferred To:
348-9367-79202-975 DEBWTP Water Transmission Main $7,842,991
19. Traffic
Ordinances adopted by the City Council authorizing the following traffic changes will
become effective seven days after Council action unless otherwise indicated.
19.1 No Parking Zone - Trenton Woods Way and Tree Side Court
It is recommended that a No Parking Zone be established on both sides of
Trenton Woods Way and Tree Side Court.
This request is from the residents of the Trenton Woods Community who have
concerns regarding emergency vehicle clearance when Umstead Park patrons
park their vehicles along the streets in the community.
Recommendation:
Approve and amend the Traffic Schedule.
Add to Traffic Schedule 13:
Trenton Woods Way, both sides, in its entirety.

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Tree Side Court, both sides, in its entirety.

19.2 30 Minute Time Zone - Glenwood Avenue
It is recommended that a 30 minute Time Zone be established on the east side of
Glenwood Avenue beginning 75 feet north of Jones Street northward 347 feet
and on the south side of Lane Street east of Glenwood Avenue eastward 76 feet.
This request is from Joseph M. Meir with Blue Ridge Realty Inc, the contractors
for the 222 Glenwood project. The current businesses and residents have been
informed of the requested time limit zone.
Recommendation:
Approve and amend the Traffic Schedule.
Add to Traffic Schedule 15B:
Glenwood Avenue, east side, beginning 75 north of Jones Street northward 347
feet.
Lane Street, south side, east of Glenwood Avenue eastward 76 feet.
19.3 Two-Hour Parking Zone - Seaboard Avenue
It is recommended that a two hour parking time limit be established on both sides
of Seaboard Avenue, it its entirety.
A request was received from the business owners on Seaboard Avenue to create
two hour parking in front of their businesses along Seaboard Avenue.
Recommendation:
Approve and amend the Traffic Schedule.
Add to Traffic Schedule 15D:
Seaboard Avenue, both sides, in its entirety.
19.4 Bus Zones - Capital Area Transit Downtown Circulator
A request was received from the transit program to create bus zones where
needed for the CAT downtown circulator. It is recommended that Bus Zones be
established on the following streets: Cabarrus Street, Davie Street, Glenwood
Avenue, Harrington Street, Martin Street, Salisbury Street, Tucker Street, and
Wilmington Street.
Recommendation:
Approve and amend the Traffic Schedule.
Add to Traffic Schedule 19:
Cabarrus Street, south side, beginning 12 feet east of Dawson Street, extending
eastward 60 feet.
Davie Street, south side, 6:00 p.m. - 6:00 a.m., beginning 12 feet east of
Harrington Street, extending eastward 75 feet.
Glenwood Avenue, west side, beginning 15 feet south of North Street, extending
southward 40 feet.
Harrington Street, west side, 6:00 p.m. - 6:00 a.m., beginning 12 feet south of
Hargett Street, extending southward 60 feet.

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Martin Street, 6:00 p.m. - 6:00 a.m., beginning 25 feet east of Blake Street,
extending eastward 55 feet.
Salisbury Street, west side, beginning at a point 114 feet south of Cabarrus Street,
extending southward 60 feet.
Tucker Street, north side, beginning at a point 18 feet east of Glenwood Avenue,
extending eastward 60 feet.
Wilmington Street, east side, beginning at a point 215 feet north of Davie Street,
extending northward 50 feet.

THIS IS THE END OF THE CONSENT AGENDA

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D. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

1. 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 the Certified
Recommendation number are located within flood-prone areas. Items marked with the
pound sign (#) beside the Certified Recommendation number are located within the Falls
Basin or the Swift Creek Watershed Protection Area. Items marked with the plus sign (+)
beside the Certified Recommendation number indicate special conditions for stormwater
management. Items marked with (VSPP) beside the Comment indicate that a Valid
Statutory Protest Petition has been filed. **Denotes Drainage Basins
CR Number Subject Vote Recommendations Comments
1. CR-11273 Z-48-08 8-0 Approval, Buffaloe Road, south side,
Conditional Use east of Forestville Road
**(Neuse and Harris
Creek)
2. CR-11274 Z-50-08 8-0 Approval, Falstaff Drive and Luther
Conditional Use Road, southeast quadrant of
the intersection, extending
south to Kidd Road
**(Crabtree)
3. CR-11275 Z-3-09 8-0 Denial Sumner Boulevard, south
side, west of Fox Road
**(Perry)
4. CR-11276 Z-7-09 8-0 Approval, Lynn Road, south side,
Conditional Use southwest of Creedmoor
Road intersection
**(Haresnipe)
5. CR-11277 Z-9-09 8-0 Approval, Leesville Road, west side,
Conditional Use southeast of Westgate Road
intersection **(Haresnipe)
6. CR-11279 Z-14-09 8-0 Approval, Glenwood Avenue,
Conditional Use northwest quadrant of West
North Street intersection
**(Pigeon House)
7. CR-11280 FP-1-09 8-0 Approval Pigeon House Creek
8. CR-11281 TC-1-09 8-0 Approval Site Plan Approval
Standards
(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNING
COMMISSION AT THEIR JANUARY 27, 2009 MEETING, BY UNANIMOUS
VOTE)
1. Z-48-08 - Buffaloe Road, south side, east of Forestville Road, Conditional Use
**(Neuse and Harris Creek)
This request is to rezone approximately 22.93 acres, currently zoned Residential-4. The
proposal is to rezone the property to Shopping Center Conditional Use District.

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CR-11273 from the Planning Commission finds that this request is inconsistent with the
Comprehensive Plan. However, based on the findings and reasons, that this request be
approved in accordance with zoning conditions dated January 26, 2009.
2. Z-50-08 - Falstaff Drive and Luther Road, southeast quadrant of the intersection,
extending south to Kidd Road, Conditional Use **(Crabtree)
This request is to rezone approximately 18.46 acres, currently zoned Residential-6, Office
& Institution-1, and Office & Institution-1 Conditional Use District. The proposal is to
rezone the property to Office & Institution-2 Conditional Use District.
CR-11274 from the Planning Commission finds that this request is inconsistent with the
Comprehensive Plan. However, based on the findings and reasons, that this request be
approved in accordance with zoning conditions dated January 28, 2009.
3. Z-3-09 - Sumner Boulevard, south side, west of Fox Road, Conditional Use
**(Perry)
This request is to rezone approximately 40.81 acres, currently zoned Shopping Center
Conditional Use District. The proposal is to rezone the property to Residential-20
Conditional Use District
CR-11275 from the Planning Commission recommends that this case be denied.
4. Z-7-09 - Lynn Road, south side, southwest of Creedmoor Road intersection,
Conditional Use **(Haresnipe)
This request is to rezone approximately 0.361 acres, currently zoned Residential-4. The
proposal is to rezone the property to Office & Institution-1 Conditional Use District.
CR-11276 from the Planning Commission finds that this request is inconsistent with the
Comprehensive Plan. However, based on the findings and reasons, it is recommended
that this request be approved in accordance with conditions dated September 18, 2008.
5.* Z-9-09 - Leesville Road, west side, southeast of Westgate Road intersection,
Conditional Use **(Haresnipe)
This request is to rezone approximately 2.06 acres, currently zoned Office and
Institution-1 Conditional Use. The proposal is to rezone the property to Office and
Institution-1 Conditional Use.
CR-11277 from the Planning Commission finds that this request is consistent with the
Comprehensive Plan and that this request be approved in accordance with conditions
dated January 28, 2009.
6. Z-14-09 - Glenwood Avenue, northwest quadrant of West North Street intersection,
Conditional Use **(Pigeon House)
This request is to rezone approximately 0.68 acre, currently zoned Neighborhood
Business, Office & Institution-1, and Neighborhood Business Conditional Use District
(all with Pedestrian Business Overlay District). The proposal is to rezone the property to
Neighborhood Business Conditional Use District with Pedestrian Business Overlay
District.
CR-11279 from the Planning Commission finds that this request is consistent with the
Comprehensive Plan and that this request be approved in accordance with conditions
dated January 21, 2009.

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7. FP-1-09 - Pigeon House Creek

This is a request for FEMA Flood Map amendment proposed by the City of Raleigh
Stormwater Management Division related to construction improvements to Pigeon House
Creek.
CR-11280 from the Planning Commission recommends that this Flood Map amendment
be approved.
8. TC-1-09 - Site Plan Approval Standards
This text change proposes to amend the Site Plan Approval Standards within the Zoning
Code by allowing the Planning Commission and the City Council to approve preliminary
site plans that are not in accordance with the recommendations of the Comprehensive
Plan when it is determined that the site plan is reasonable and in the public interest.
CR-11281 from the Planning Commission recommends that this text change be approved.
E. SPECIAL ITEMS
1. Board of Adjustment Request for Filing Fee Reimbursement
During the January 6, 2009, City Council meeting Margaret “Peggy” Elizabeth Seymore
requested the return of a $200 filing fee relating to Board of Adjustment case A-109-08.
The item was referred to the City Attorney for investigation and recommendation back to
the January 20, 2009, meeting. At that meeting, it was reported that Ms. Seymore had
requested that the item be deferred until the February 3, meeting as she has a conflict and
could not attend the January 20, meeting. It was directed the item be placed on this
agenda to receive a report from the City Attorney.
2. Unfit Building - 312 Cutler Street
During the January 20, 2009, Council meeting Betty and Phyllis McElveen requested
additional time for repairs and sale of the property at 312 Cutler Street. This item was
discussed during that meeting as well as the amount of time the McElveens were
requesting to complete the work/sale and the amount of work to be done. It was directed
that Inspections Director Strickland be consulted concerning the matter and place the
item on this agenda for a report and recommendation as to how to proceed.
F. REPORT AND RECOMMENDATION OF THE CITY MANAGER
1. Built Environmental Characteristics - NC-3-08/Holly Ridge Farms
On October 7, 2008, the City Council approved a citizen’s request and authorized staff to
initiate a study of the built environment characteristics of the Holly Ridge Neighborhood
area. A report is in the agenda packet and Planning staff will make a brief presentation at
the Council meeting.
Recommendation:
Accept the study results and initiate a text change to codify the standards for the Holly
Ridge Farm subdivision.
2. 715 South Boylan Avenue
Council requested an update on this minimum housing code violation case. A report is in
the agenda packet.
3. Offer to Purchase and Contract for 301 Hillsborough Street
Council approved an amendment to this agreement which required closing on or before
December 31, 2008. The contract terms have not been met and no closing has occurred.
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A report for another 6-month extension by the Reynolds Company is in the agenda
packet.
4. Tiered Water Conservation Rate Structure Interim Report
Raftelis Financial Consultants, Inc., will present an update on the implementation of the
Tiered Water Conservation Rate Structure at the meeting.
Recommendation:
Receive the report.
G. REPORT AND RECOMMENDATION OF THE PARKS, RECREATION AND
GREENWAY ADVISORY BOARD
1. Parks, Recreation and Greenway Advisory Board Representatives for Historic
Cemeteries Stakeholder Group
At the December meeting the City Council requested that the list of Stakeholder Group
members be presented to them for review.
Raleigh City Cemeteries Preservation, Inc. Members
Jane Thurman
Terry Harper
David Brown
Orrin Haywood
Betsy Haywood Foard
Parks, Recreation and Greenway Advisory Board Members
Jimmy Thiem
Doris Burke
Parks and Recreation Staff Members
Wayne Schindler
Danny Morgan
Recommendation:
Accept the Parks, Recreation and Greenway Advisory Board’s recommendation to
formulate a Historic City Cemeteries Stakeholder Group with the above list of
representatives.
H. REPORT AND RECOMMENDATION OF THE RALEIGH CHAMBER OF
COMMERCE
1. Quarterly Report October - December of 2008
The quarterly report outlining the City’s marketing and economic development program
efforts October - December of 2008 is in the agenda packet.
Recommendation:
That the report be received.
I. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMIC
DEVELOPMENT COMMITTEE
1. Carolina Ballet - Request for Contract
The Committee recommends approval of the proposed terms of an agreement with
Carolina Ballet. The City Manager will finalize the agreement and will work with other
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arts groups related to scheduling in Fletcher Theatre. The item will be held in Committee
for a final report.
2. TC-10-05 - Surfacing Requirements for Existing Front Yard Parking
The Committee recommends that the City Attorney be directed to draft an ordinance
which would go to public hearing in April relative to defining that parking shall be
limited to paved surfaces without borders or surfaces with a minimum of four inch deep
crushed stone or crush and run with permanently secured borders: paved surfaces shall be
one 12-foot wide driveway perpendicular to the right-of-way, plus an additional 300
square feet of paved parking surface, or 40% of the front yard, whichever is less.
One 12-foot wide semi-circular driveway with two curb cuts are installed on the same
property plus an additional 300 square feet of paved parking surface, or 40% of the front
yard, whichever is less.
When automobiles are not parked parallel to adjoining side yard property lines, a
continuous berm or row of evergreen shrubbery shall be planted on the drive/parking pad
edge facing the adjoining property and to the public right-of-way, or continuous along the
property line and along the edge of the drive/parking pad facing the public right-of-way.
Such shrubbery or berm or combination thereof shall be a minimum of 36 inches tall
within two years of the installation of drive/parking pad.
Parking surfaces shall not block or be in front of the main entrance to the residence.
Should paved parking driveways and parking surfaces or gravel driveway and parking
surfaces without permanent edges not exist prior to the adoption of this ordinance or the
property resides in a designated historic property without paved drives or surfaces, front
yard parking shall be limited to parking single file perpendicular to the right-of-way in
front of the existing curb cut. Existing paved surfaces installed prior to January 1, 2009,
which exceed the requirements of this section but covers no more than 40% of the front
yard shall be exempt from the ordinance. A permit shall be required for the installation
of all driveways and front yard parking surfaces subsequent to adoption of this ordinance.
3. Items Pending
Item #99-17 - Southeast Raleigh Economic Development (6/14/00)
Item #05-05 - John Winters Memorial (1/17/06)
Item #07-01 - Neighborhood Empowerment Initiative (12/4/07)
Item #07-22 - Inspection and Plan Approval Fees (6/23/08)
Item #07-23 - Water and Sewer Capacity Fees (6/23/08)
Item #07-30 - Plan Review Efficiency/Expedition (7/15/08)
Item #07-34 - Carolina Ballet - Request for Contract (10/7/08)
Item #07-40 - Council-Appointed Boards, Commissions and Committees - Composition
(11/18/08)
J. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNING
COMMITTEE
1. TC-17-08 - Pawn Shops
By split vote, the Committee recommends that the City Council adopt TC-17-08, "An
Ordinance to Revise the List of Allowable Zoning Districts That Permit the Location of
Pawn Shops." A copy of the proposed ordinance is in the agenda packet.
2. SP-53-08 - Rock Quarry Plaza
The Committee recommends approval of SP-53-08 as outlined in CR #11272.

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3. Items Pending
Item #03-29 - Development Standards - Fragile Neighborhoods (6/1/04)
Item #05-42 - Sustainable Urban Landscapes and Hillsides (11/21/06)
Item #07-02 - TC-5-07 - O&I Districts/FAR/Density Limitations (12/4/07)
Item #07-03 - Text Change - Prohibit Industrial Facilities in Residential Areas (12/4/07)
Item #07-10 - Tree Conservation Ordinance - Proposed Text Changes (1/22/08); Tree
Survey (9/12/08)
Item #07-15 - TC-1-08 - Building Lot Coverage Within O&I Districts (4/1/08)
Item #07-40 - Sedimentation Control Program -Proposed Text Change (11/18/08)
Item #07-42 - Chavis Park Carousel (12/2/08)
Item #07-44 - Thoroughfare Plan - Crabtree Valley Extension (1/6/09)
K. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETY
COMMITTEE
1. No report.
2. Items Pending
Item #07-06 - Cowper Drive Park - Stream Restoration/Stabilization (3/4/08)
Item #07-14 - Signs on State Rights- of-Way-Human Relations Commission (10/7/08)
Item #07-15 - Taxi Licenses - Requirements/Regulations (10/7/08) (1/16/09)
Item #07-18 - Amplified Music Entertainment District (10/21/08)
Item #07-20 - Lawsuit - Wayne and Gloria Johnson (11/18/08)
Item #07-21 - Encroachment Request - 2333 Byrd Street (11/18/08)
Item #07-22 - Tarboro Road Area - Public Safety Concerns (12/2/08)
L. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE
1. No report.
2. Items Pending
Item #07-08 - Traffic Calming - Birnamwood Road (1/8/08)
Item #07-14 - Reimbursement for Street Improvements - Rest Haven Drive (2/5/08)
Item #07-27 - Traffic Concerns - Five Points Area (7/15/08)
Item #07-29 - Trenton Road - Bicycle/Pedestrian Path (8/5/08)
Item #07-32 - Neighborhood Traffic Management Program (9/2/08)
Item #07-34 - Roanoke Park - Concerns (9/2/08)
Item #07-36 - Residential Permit Parking - Visitor Passes (9/2/08)
Item #07-38 - TC-8-08 - Increased Stormwater Management Requirements (9/16/08)
Item #07-40 - Horseshoe Farm - Hager Smith Design (10/7/08)
Item #07-44 - Strickland Road Park Master Plan (11/4/08)
Item #07-46 - Street Closing - Davie Street/Empire Properties (11/4/08)
Item #07-48 - Subdivision Requirements - 2820 Deercove Lane (1/6/09)
Item #07-49 - Pedestrian Improvements - Lineberry Drive (1/6/09)
Item #07-50 - Park Master Plan Study (1/22/09)
M. REPORT OF MAYOR AND COUNCIL MEMBERS
N. 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 that person is presently serving on
that board or commission.

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Environmental Stewardship Awards Jury - Three Vacancies - Two At Large and One from
Professional Scientific Community
Mark Vander Borgh (Crowder)
Brad Thompson (Baldwin)
Human Relations Commission - One Vacancy
Patrick Faulkner (West)
Planning Commission - One Vacancy
Quince Fleming (West)
Heather Vance (Koopman/McFarlane/Stephenson)
Substance Abuse Advisory Commission - One Vacancy
Rhonda Sanders (West)
Telecommunications Commission - Two Vacancies
No nominees.
O. NOMINATIONS
Appearance Commission - One Vacancy
The term of Elizabeth Welch Klosterman is expiring. She does not wish to be considered for
reappointment at this time.
Arts Commission - Two Vacancies
A letter of resignation has been received from Jessie Cannon. The term of Laura Raynor is
expiring. She is eligible for reappointment, has a good attendance record and would like to be
considered for reappointment.
Convention Center Commission - One Vacancy
The term of Doyle Parrish is expiring. He has a good attendance record and is eligible for
reappointment.
Fair Housing Hearing Board - One Vacancy
The term of Octavia Rainey is expiring. She has served since 2002.
Human Relations Commission - Two Vacancies
The terms of Michael Leach and George E. Sanders are expiring. Both are eligible for
reappointment and would like to be considered for reappointment.
Transit Authority - One Vacancy
The term of Charles Malone is expiring. He is eligible for reappointment.
P. REPORT AND RECOMMENDATION OF THE CITY ATTORNEY
Q. REPORT AND RECOMMENDATION OF THE CITY CLERK
1. Minutes of the January 22, 2009, Council meeting and joint meeting with the Planning
Commission will be presented.
2. The following preliminary assessment roll(s) will be presented. Adoption, which would
set a public hearing to consider confirmation of cost on Tuesday, March 3, 2009, is
recommended.
Sidewalk AR 385 - Spring Forest Road (PW 2006-6)

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Sidewalk AR 386 - Martin Luther King Jr Boulevard (PW 2006-6)

Sidewalk AR 387 - Blue Ridge Road (PW 2006-6)
3. A proposed resolution adjusting, rebating and refunding penalties, exemptions and
relieving interest for late listing of property for ad valorem tax is in the agenda packet.
Adoption of the resolution is recommended.

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City Council Agenda February 3, 2009

EVENING AGENDA - 7:00 P.M.

A. REQUESTS AND PETITIONS OF CITIZENS
1. Welton Jones would like for the City to provide a booth for him at the Women’s
Empowerment event in March 2009 for the purpose of more recruitment for minorities
for the Raleigh Fire and Police Departments.
2. Manuel Enriquez, 3801 Saint James Church Road, would like to petition for
abandonment of public right-of-way adjacent to his property.
3. Chun Shih would like to remove the permanent easement proposal.
4. Jon Suler would like to discuss condemnation relating to a neighbor’s property across
from his property at 7004 Brecken Ridge Avenue relating to flooding and the need for an
easement in order to enlarge the storm drain sewer.
5. Sasha Karpinski, Raleigh Youth Council Chair, would like to introduce herself to the
Council and inform them of the efforts of the Raleigh Youth Council.
6. Catherine Gaskins, JT Locke Resource Center, would like to request funding in next
year’s budget for the center.
B. MATTERS SCHEDULED FOR PUBLIC HEARING
1. A hearing to consider exchanging sanitary sewer easements at Friendly Drive Road
pursuant to petition, resolution of intent, advertisement and notification as required by
law.
2. A hearing to consider adopting a resolution authorizing handgun exchange with Smith &
Wesson according to Resolution 2009-774.
3. A hearing to consider the following petitioned annexations. If following the hearing the
Council wishes to proceed, it would be appropriate ordinances annexing the properties
effective June 30, 2009, and a resolution placing the properties in the appropriate
electoral districts.
LOCATION ELECTORAL DISTRICT
Crabtree Chiropractic Center A
Raleigh North Christian Center B
4. A hearing to consider adoption of a resolution confirming charges outlined in Sidewalk
Assessment Roll 383 - Hollenden Road according to charges outlined in Resolution
2009-780 adopted on January 6, 2009.
5. A hearing to consider adoption of a resolution confirming charges outlined in Sidewalk
Assessment Roll 384 - Millbrook Road according to charges outlined in Resolution 2009-
781 adopted on January 6, 2009.
6. A hearing to consider adoption of a resolution confirming charges outlined in Sewer
Assessment Roll 1333 - Upper Neuse Outfall according to charges outlined in Resolution
2009-782 adopted on January 6, 2009.
7. A hearing to consider adoption of a resolution confirming charges outlined in Sewer
Assessment Roll 1334 - Corporate Center Drive according to charges outlined in
Resolution 2009-783 adopted on January 6, 2009.

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