City Council Meeting – November 16, 2021

Nov 16, 2021 | Blog

HIGHLIGHTS

  • Proposed changes to relax Food Trucks regulations referred to Economic Development & Innovation Committee on a unanimous vote.
  • Rezoning Z-40-21 scheduled for December 7 public hearing.
  • Approved $12M from General Capital Reserves toward Dix Park Phase 1 Plaza & Play site work.
  • Approved reduction in pushcart operating hours from 6am to 3am to 6am to 1:15am and amended City Code to change cart cleanup and removal from 3:30am to 1:45am.
  • Small Business Parking Relief Program extended to March 31, 2022.
  • Extended Emergency Outdoor Seating Regulations through March 31, 2022.
  • Curbside Yard Waste Collection Service: Changes effective summer 2022 include: 95-gallon yard waste carts, Bi-weekly service, Elimination of all plastic bags, Limitations on biodegradable bags and bundled yard waste
  • Seasonal Ice Rink at Red Hat Amphitheater will open after Christmas Parade on November 20.
  • Text Change TC-13-21: Vehicle Fuel Sales Use Standards will be brought back for a vote at the next meeting.
  • Comprehensive Plan Amendments CP-4-21 Missing Middle Housing; approved 7 to 1 with Cox dissenting.
  • Councilor Knight asks for process to define when rezonings should be referred to council committees and Councilor Branch asks for guidelines on when items should be moved out of committee. Approved 5 to 3 (Buffkin, Cox, and Forte opposed).
  • Mayor Baldwin requests a parks equity study.

Full meeting details below.

WORK SESSION

FOOD TRUCK AND MOBILE VENDING REGULATIONS

Proposed changes to relax Food Trucks regulations in the categories of Density & Geography, Proximity, and Permitting & Nuisance. Referred to Economic Development & Innovation Committee on a unanimous vote. Possible impacts per City staff include the following:

  • Reducing proximity restrictions and increasing the amount of land that food trucks and mobile food vendors can operate on could increase local restauranteur anxiety
    • Increased economic competition
    • Easing regulatory restrictions may increase opportunities for entrepreneurs and support small business while contributing to upward social mobility
    • Vehicular congestion and spillover issues could become a greater concern
    • Reduced parking availability for the general public
    • Adjacent residential uses may experience adverse impacts such as noise
    • Capacity to contribute to neighborhood livability, vitality, and diversity.
    • Increased food access/options
    • Tracking/enforcement issues with food trucks
    • Increased food truck operators will necessitate increased staff involvement
    • A new form of food truck registration may be needed
    • Revisions to the food truck ordinance may require amending portions of the City’s Traffic Schedule and existing Parking Ordinances

OMNIBUS TEXT CHANGE PROGRAM

Unanimously authorized a recurring “omnibus” text change program as an initiative for continuous improvement of the Unified Development Ordinance (UDO). As proposed, staff would regularly bring forward amendments to the UDO that are mostly technical in nature and modest in impact. Omnibus text changes would not include amendments which would create major policy shifts or those requiring significant community engagement.

AFTERNOON SESSION

CONSENT AGENDA

Approved unanimously except that “Text Change on Private Use of Public Spaces – Pushcart Operating Hours” was pulled for discussion by Councilor Melton to get more information and request that Council vote after public comments since one of the speakers will be commenting on pushcarts. Currently 35 pushcarts are permitted in Raleigh – all downtown, with 11 specifically in Glenwood South. Councilor Melton wants to send to Economic Development & Innovation Committee. Councilor Forte says community, RPD, and business leaders all want these changes to address problems at Glenwood South. Mayor suggests moving any action to “Special Items” later in the agenda.

  • Consent Agenda Process
  • Raleigh Housing Authority Bond Issuance – Milner Commons
  • Raleigh Housing Authority Bond Issuance – Oak Forest Pointe
  • Property Lease – Armory Theatre Building at Pullen Park and License Agreement of Adjacent Grounds
  • Upper Neuse River Basin Association – Board of Directors – City Seats
  • Text Change – Private Use of Public Spaces – Pushcart Operating Hours
  • Land Donation to Johnston County
  • Federal Grant Funding – FY2022-23 Annual Action Plan
  • Storm Drainage – Drainage Assistance Program – New Project Authorization
  • Interlocal Agreement – Town of Clayton – Temporary Expanded Wastewater Capacity – Amendment No. 2
  • Wake Transit Plan – New Bern Avenue Bus Rapid Transit – Integration of Public Art
  • Professional Services – On Call Engineering Services – Highfill Infrastructure Engineering, P.C. – Contract Amendment No. 2
  • Professional Services – Mine Creek Sanitary Sewer Interceptor Improvements – Brown and Caldwell, Inc.
  • Contract Services – General Liability, Automobile Liability, and Workers’ Compensation Claims Administrator – CorVel Corporation
  • Contract Services – Print, Copy, Scanning Devices – Sharp USA, Inc.
  • Contract Services – HR Benefit Consulting Services – USI Insurance Services, LLC – Amendment No. 3
  • Contract Services – Parking Deck Equipment Replacement – SkiData, Inc.
  • Budget Amendment – Appropriations for Freedom Park and LED Projection Screen
  • Bid Award – Fisher Street Park Relocation and John Stokes Memorial Garden Improvements Project – TCC Enterprises, Inc.
  • Bid Award – Moore Square Parking Deck South Stairway Replacement – HM Kern Corporation
  • Speed Limit Reductions – Tensity Drive, Palafox Court, Charny Drive, Brockton Drive, Hargrove Road, Kilcullen Drive, Matt Drive, Powell Drive/Aukland Street, and Windblown Court
  • Multi-way Stops – Bernard Street at Mial Street
  • No Parking “Tow Away” Zone – Coke Street
  • No Parking Zone – Watauga Street
  • North-South Bicycle Corridor Greenway Connection Phase 2 – On-street Parking Modifications

PUBLIC COMMENT

  • Ross Yeager on trash; Mayor thanks Yeager for his clean-up efforts.
  • Peter van Dorsten on staffing shortages at parks and recs facilities; Councilor Buffkin asks that van Dorsten’s suggestions be addressed in City Manager’s reports.
  • Ammar Jawad asking that pushcart operation hours not be changed.
  • Lisa Butler asking that pushcart operation hours not be changed.
  • Christina Jones on community engagement.
  • Adina Safta on Fayetteville Street
  • Douglas Johnston on Dix Park.

REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

  • Planning Commission Report

The following items are scheduled for public hearing at the City Council meeting on December 7, 2021.

  • Petition Annexation – 2932, 2933, 3013, 3029, & 3033 Watkins Town Road; 1315 Old Watkins Road; and 0 Old Milburnie Road (District B, future)
  • Text Change TC-6-21:  Tiny Houses
  • Rezoning Z-39-21:  0 Whitfield Road (District C)

The following items were scheduled for public hearing at the City Council meeting on December 7, 2021.

  • Text Change: TC-14-21 Breweries, Wineries, Distilleries and Cideries in CX
    • Text Change to Zoning Conditions TCZ-4-21: 8001 ACC Boulevard, at the northwest corner of ACC Boulevard and TW Alexander Drive (District E)
    • Rezoning Z-30-21: 5904 Creedmoor Road, east of its intersection with Jeffreys Grove School Road (District A)
    • Rezoning Z-44-21: 6525 Battle Bridge Road, located approximately 0.25 miles east of the intersection of Battle Bridge Road and Rock Quarry Road (District C)
    • Rezoning Z-49-21: Kyle Drive and Buffaloe Road, on the north side of Buffaloe Road, west of the Neuse River and south of I-540 (District B)
    • Rezoning Z-55-21 Forestville and Taylor Oaks, at the southeast corner (District B)

SPECIAL ITEMS

  • Rezoning Z-28-21: Watkins Town Road, on both sides of Watkins Town Road, between Watkins Road and Old Watkins Road (District B); unanimous vote to schedule December 7 public hearing.
  • Rezoning Z-40-21: Louisburg Road, on its west side, 950 feet south of Mitchell Mill Road (District B); Councilor Cox asks to schedule January 4, 2022 public hearing because of large public interest, especially as the property is adjacent to Horseshoe Park Farm, as well as packed schedule for December 7. Mayor Pro Tem Stewart asks to schedule December 7 public hearing. Tie vote – Cox, Branch, Forte, & Buffkin support January 4. Then Stewart’s motion passes to schedule December 7 public hearing, with only Cox and Forte in opposition.
  • Midtown to Downtown Shuttle ($700k annual cost). Councilor Cox says equity should be a factor in deciding where to expand bus service. Mayor asks about branding and potential partnering opportunities. Asks to discuss further at December 7 meeting.
  • Wake Bus Rapid Transit (BRT): New Bern Avenue BPAC Concerns; staff presentation makes it sound like it would be difficult to address BPAC concerns. Councilor Melton wants to find compromises. Councilor Cox asks to consider impact of losing trees on heat zones. Councilor Knight says we should do more than the minimum requirement for trees. Councilor Branch says residents, including members of Glenwood Corridor Alliance, have been discussing these issues for years.
  • Dix Park Play Plaza Phase I Funding Options and Work Session Follow Up Items; staff recommending $12M from General Capital Reserve, leaving $8.625M in General Capital reserves, which reduces flexibility during FY23 budget and CIP process. Councilor Cox asks if this will reduce amount of money needed for Dix in prospective Parks Bond. Updates provided on Green Road Park, Brentwood Park, and Barwell Road Park. Mayor says Dix Conservancy waiting for City to show public commitment. Mayor moves to direct staff to advance $12M toward Phase 1 Plaza & Play site work. Says it will be a huge economic driver for the City. Passed unanimously.
  • City Council Redistricting Process; website launching today for public input. Study Group meeting November 18, 2 – 3:30 PM, Virtual Zoom Listening Sessions on December 6, 6 – 8 PM, Chavis Community Center and December 8, 6 – 8 PM, Lauren Hills Community Center. Councilor Cox suggests protection of racial minority representation be a seventh criteria when evaluating redistricting proposals. Councilor Buffkin disagrees and says City Attorney would have concerns about that. Mayor Pro Tem Stewart asks for City Attorney’s advice. City Attorney says this can be considered, but making it a determining factor is legally problematic. Staff should continue moving forward.
  • Pushcart issue discussion. Councilor Melton wants to study further in  committee. Councilor Forte wants to support community and RPD by reducing pushcart operating hours. Mayor Baldwin wants more time to discuss and get more input from business community. Councilor Forte says that has already been done and wants to move forward with motion. Motion passes 7 to 1 with Councilor Melton opposed.

REPORT AND RECOMMENDATION OF THE CITY MANAGER

  • Winchester Drive Extension Project update: The Winchester Drive Improvement project is a cost share project with Frank R. Anderson Realty and Sir Walter Chevrolet (Developer) to extend Winchester Drive from Kodiak Drive to an existing dead end north of Paula Ann Court.  This project proposes to construct the roadway with sidewalk, street trees and street lighting on both sides within this current gap and will also include establishing a physical intersection connection with Panther Branch Drive, all with the goal of improving local access and connectivity.  This project is funded as a 50/50 cost share agreement with City funding coming from the US 70 Corridor Assistance Fund in the Capital Improvement Program
  • Gap Financing for King’s Ridge:  Unanimously authorized $8.4M commitment of City gap financing for construction of rental housing units prioritized for households experiencing homelessness.
  • Small Business Parking Relief Program Update: Voted unanimously to Extend current program to March 31, 2022 and Educate users for transition to $20 evening rate (3pm-6am) and 50% discount off monthly rate ($63) from April 1, 2022 – June 30, 2022
  • Extension of Emergency Outdoor Seating Regulations: unanimously approved extension through March 31, 2022.
  • Curbside Yard Waste Collection Service – Program Update: Changes Included: 95-gallon yard waste carts, Bi-weekly service, Elimination of all plastic bags, Limitations on biodegradable bags and bundled yard waste
  • Seasonal Ice Rink at Red Hat Amphitheater – Corporate Sponsorships: UNC Health is the title sponsor. 
  • Annual Comprehensive Financial Report

REPORT AND RECOMMENDATION OF THE DOWNTOWN RALEIGH ALLIANCE

  • Annual Report – Downtown Municipal Service District

REPORT AND RECOMMENDATION OF THE HILLSBOROUGH STREET COMMUNITY SERVICE CORPORATION

  • Annual Report – Hillsborough Street Municipal Service District

REPORT AND RECOMMENDATION OF THE HISPANIC AND IMMIGRANT AFFAIRS BOARD

  • Annual Work Plan and Proposed Amendments to Board Bylaws; approved unanimously

PUBLIC HEARINGS

  • Rezoning Z-31-21: National Drive, at its north end (District E); applicant wants to submit new conditions and return on December 7 for a vote. Approved unanimously.
  • Public Nuisance Abatement – Property Liens – approved unanimously
  • Rezoning Z-36-21: Needham Road, on its east, west, and north sides, and Forestville Road on its west side (District C); approved unanimously
  • Rezoning Z-38-21: Knowles Street, along Hammond Center Drive west of its intersection with Hammond Road (District D); approved unanimously
  • Text Change TC-13-21: Vehicle Fuel Sales Use Standards (Hearing Continued). This is the continuation of a hearing to amend the Part 10 Unified Development Ordinance (UDO) to only require a protective yard for Vehicle Fuel Sales in the NX-, CX-, DX- and IX- Districts when a fuel pump island is within 100 feet of a Residential district or use. Councilor Branch proposes 250 feet rather than 100 feet. Councilor Buffkin makes a substitute motion for 100 feet. For some reason they vote on the second motion first for 100 feet, but then realize Councilor Knight left the meeting without being excused. Decision to delay vote until next meeting. Councilor Branch’s motion for 250 feet is defeated 4-3 (Branch, Cox, and Forte voted against.)
  • Comprehensive Plan Amendments CP-4-21 Missing Middle Housing; approved 7 to 1 with Cox dissenting

REPORT AND RECOMMENDATION OF THE ECONOMIC DEVELOPMENT AND INNOVATION COMMITTEE

No meeting in November.

REPORT AND RECOMMENDATION OF THE GROWTH & NATURAL RESOURCES COMMITTEE

Next meeting will be 11/23 at 4pm on wild and exotic animals

REPORT AND RECOMMENDATION OF THE SAFE, VIBRANT, AND HEALTHY COMMUNITIES COMMITTEE

Next meeting will be 11/23 at 11:30am — rezoning

REPORT AND RECOMMENDATION OF THE TRANSPORTATION AND TRANSIT COMMITTEE

No meeting or pending items

REPORT FROM THE MAYOR AND CITY COUNCIL

  • Councilor Knight asks for process to define when rezonings should be referred to council committees and Councilor Branch asks for guidelines on when items should be moved out of committee. Approved 5 to 3 (Buffkin, Cox, and Forte opposed).
  • Councilor Knight having December 1 Listening Session featuring Police Chief Patterson.
  • Councilor Cox requesting update on urban heat areas.
  • Councilor Branch wants to discuss growth in Southeast Raleigh and Knightdale with Planning staff from Raleigh and Knightdale.
  • Councilor Branch announced District C meeting on Thursday.
  • Councilor Buffkin asks for support for public-private partnerships with regard to Parks.
  • Mayor Baldwin requests a parks equity study.

REPORT AND RECOMMENDATION OF THE CITY CLERK

  • Local Government Retention Schedules – Council adopted new guidelines.