CityCouncilAgenda-9-20

8/8/2019 CityCouncilAgenda-9-20

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PLEASE TURN OFF ANY WIRELESS EQUIPMENT WHILE IN THE COUNCIL CHAMBER

This equipment interferes with the meetings sound transmission. Thank you.

Charles C. Meeker, Mayor

James P. West, Mayor Pro Tem

Mary-Ann Baldwin

Thomas G. Crowder

Bonner Gaylord

Nancy McFarlane

John Odom

Russ Stephenson

1:00 P.M., TUESDAY

SEPTEMBER 21, 2010

THE COUNCIL CHAMBER


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City Council Agenda September 21, 2010

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

A.

MEETING CALLED TO ORDER BY THE MAYOR1. Invocation - Reverend Jim Hodge, St. Giles Presbyterian Church2. Pledge of Allegiance

B. RECOGNITION OF SPECIAL AWARDSC. CONSENT AGENDA

All items on the consent agenda are considered to be routine and may be enacted by one motion.If a Councilor requests discussion on an item, the item will be removed from the consent agendaand considered separately. The vote on the consent agenda will be a roll call vote.

1. 2011 Environmental Awards - Office of SustainabilityThe City of Raleigh held the 3rd Annual Environmental Awards Program on April 22,2010. The City Council originally approved this program on November 20, 2007. Thefourth annual awards program is planned for Thursday, April 21, 2011 during EarthWeek. This date has been selected because Earth Day (April 22nd) in 2011 is also GoodFriday. A summary of the 2010 Environmental Awards program has been provided alongwith the recommendations for the 2011 EA program.

Budgetary accounts to be amended:

Revenue Accounts:

130-1410-532990-72439 Appropriation from prior year $3,500130-1410-533100-72439 Sponsorships 6,000

$9,500Expense Accounts:

130-1410-701010-72439 Operation and Maintenance Supplies $2,650130-1410-703020-72439 Print Copy- remote 1,000130-1410-708900-72439 Contract Services 2,800130-1410-712295-72439 Offset Carbon Credit Purchase 50130-1410-711030-72439 Rental-Other 500130-1410-712170-72439 Promotions 1,000130-1410-720130-72439 Reserve-Program 1,500

$9,500Recommendation:

Approve the 2011 Environmental Awards Program and the establishment of therevolving fund as requested.

2. 2011 Proposed City Employee Holiday ScheduleA copy of the 2011 proposed City employee holiday schedule is in the agenda packet,with no changes from the current years schedule.

Recommendation:

Approve the City employee 2011 holiday schedule as proposed.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/01ASEnvironmentalAwards.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/02PERS2011Holidays.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/02PERS2011Holidays.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/01ASEnvironmentalAwards.pdf


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3. Center of the Region Enterprise Plan EndorsementThe Center of the Region Enterprise (CORE) is a regional partnership established tocoordinate development, infrastructure and green space plans along the border of WakeCounty and Durham County. The CORE Pedestrian-Bicycle-Green Space Plan wasdeveloped in 2005 and has been recently updated to reflect completed greenway

segments; trails, bike routes, mixed use centers and green space in the expanded COREarea. The CORE Communities Workgroup adopted the updated plan and requested thateach member jurisdiction officially endorse the plan. Staff has reviewed the plan forconsistency with the Citys 2030 Comprehensive Plan and recommends adoption of theassociated resolution, a copy of which is in the agenda packet.

Recommendation:

Adopt the resolution endorsing the updated Center of the Region Enterprise Pedestrian-Bicycle-Green Space Network Plan.

4. Illegal Grease Dumping Reporting Reward ProgramGrease continues to be a problem that plagues the Citys sanitary sewer collection systemand pump stations. Public Utilities is continuously looking for ways to reduce theamount of grease going into the collection system and reducing the amount of sanitarysewer overflows (SSOs) that are attributed to grease. Reducing the number of SSOssaves substantially in clean-up costs and helps to prevent enforcement action against theCity. While Public Utilities has a comprehensive public education and preventivemaintenance program for the collection system, grease is still being illegally dischargedinto the sewer system. In an effort to find and prosecute those illegally discharginggrease into the sewer system, a reward program has been developed to reward $1,000 toeach person for information leading to the arrest and conviction of those illegallydumping grease into the sewer system, effective October 1, 2010.

Recommendation:

Approve the Illegal Grease Dumping Reporting Reward Program.

5. Raleigh Little Theatre Sign RequestIn 1999, during renovations and additions at the Raleigh Little Theatre, a cantileveredpole sign which was located near the main entrance on Pogue Street, was removed andlost. Representatives/supporters of the Theatre would like to erect a new sign similar insize and scale. The Citys present sign ordinance prohibits a sign of the height and sizeof the original sign; therefore representatives of the Theatre would like to file anapplication for a variance to allow a sign of similar size and height to be installed. Thetheatre is owned by the City of Raleigh, thus a representative of the City must sign theapplication. There will be no cost to the city for the project. Included in the agendapacket is information concerning the request and information being submitted to theHistoric Districts Commission.

Recommendation:

Authorize the City Manager to sign the Board of Adjustment application.

6. Residential Fats Oils & Grease (FOG) Collection Program for 2010 Holiday SeasonLast year Public Utilities and Solid Waste Services conducted a pilot program for theResidential Curbside Grease Collection Program. The pilot program ran from November1, 2009 - January 15, 2010. During the pilot program, there were 195 collections for atotal amount of 824.85 gallons of yellow grease collected. Public Utilities and SolidWaste Services are proposing to implement the Residential Curbside Grease Collection
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/03PWCORE.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/04PUIllegalGreaseDumpingReportingRewardProgram.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/05CLERKRaleighLittleTheatre.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/06PUResidentialFatsOilsandGreaseCollectionProgram.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/06PUResidentialFatsOilsandGreaseCollectionProgram.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/05CLERKRaleighLittleTheatre.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/04PUIllegalGreaseDumpingReportingRewardProgram.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/03PWCORE.pdf


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Program again this year during the 2010 holiday season. It will run the same timeframeas last year, November 1, 2010 - January 15, 2011. The anticipated cost of the programis $7,336 in the Solid Waste Services Department. Funds currently exist for publiceducation of FOG issues in the Public Utilities budget and those funds will be re-directedto Solid Waste Services for the purpose of this program. Public Affairs will also take thelead role in the public education campaign associated with the program. The FOG staff

will provide logistical support for both the residential collection and the public educationcampaign. Triangle Biofuels Industries, Inc., has agreed to extend the same contractualconditions as last year. Under these conditions, Triangle Biofuels Industries, Inc., willprovide containers for storage, will accept the collected residential cooking oil forprocessing and will reimburse the City $0.25 per gallon for the collected cooking oil. Asmuch as 1,000 gallons of used cooking oil could be collected from the 110,000 accountsserved by the City of Raleigh Solids Waste Services Department.

Recommendation:

Authorize the initiation of the Residential Grease Collection Program effort for thecurrent fiscal year (funds to be transferred administratively).

7. Petition AnnexationsArea Name Contiguous Petitioner Acres Proposed Use

Agape Word Church andIntervening R-O-W

Dr. Jerry Williams,Agape Word Church, Inc.

3.82 Residential

4600 Ebenezer Church RoadCorbin Property

Diane M. Corbin .60 Residential

Recommendation:a. That these annexation petitions be acknowledged and that Council requests the City

Clerk to check their sufficiency pursuant to State statutes, and except as noted below,and if found sufficient advertise for public hearing on Tuesday, October 19, 2010.

b. Because the property located at 4600 Ebenezer Church Road is connecting to Citywater only and City sewer is not available at this time, it is recommended that theannexation of this property be deferred.

8. Parade Routes8.1 Broughton High School Vicinity

David Corsetti, representing Broughton High School, requests to hold a paradeon Thursday, September 30, 2010, from 3:30 p.m. until 4:30 p.m.

Recommendation:

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

8.2 Saint Augustines Campus VicinityGeorge Boykin, representing Saint Augustines College, requests to hold ahomecoming parade on Saturday, October 2, 2010, from 10:00 a.m. until 11:30a.m.

Recommendation:

http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/07PLPetitionAnnex.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/08POLICEParades.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/08POLICEParades.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/07PLPetitionAnnex.pdf


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8.3 2500 Block of Dahlgreen RoadVickie Takei, representing her neighborhood, requests to hold a parade andHalloween party on Saturday, October 23, 2010, from 3:30 p.m. until 10:00 p.m.with a rain date of Sunday, October 24, 2010, from 3:30 p.m. until 10:00 p.m.

She also requests a waiver of all City Ordinances concerning the possession and

consumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


9. Road Races9.1 Brier Creek Country Club Vicinity

Kelly Matson, representing Brier Creek Elementary School PTA, requests to holda race on Sunday, October 3, 2010, from 3:00 p.m. until 4:15 p.m.

Recommendation:


9.2 Hillsborough Street VicinityJohn Yanik, representing Krispy Kreme, requests to hold a race on Saturday,February 5, 2011, from 7:00 a.m. until 11:00 a.m.

Recommendation:


10. Temporary Street Closings10.1 All Parking Spaces on Stadium Drive

Brad Allen, representing the North Carolina Senior Games, requests to encumberparking spaces on Thursday, September 30, 2010, and Friday, October 1, 2010,from 6:00 a.m. until 6:00 p.m.

Recommendation:


10.2 200 Block of Cooke StreetMargo Metzger, representing her neighbors, requests a street closure onSaturday, October 16, 2010, from 12:00 p.m. until 10:00 p.m. for a neighborhoodblock party.

She also requests a waiver of all City Ordinances concerning the possession and

consumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


10.3 300 Block of Fayetteville StreetMark Nixon, representing The Oxford, requests a street closure on Friday,November 5, 2010, at 6:00 p.m. until Saturday, November 6, 2010, at 12:30 a.m.for an outdoor special event.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/09POLICERacespdf.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/10POLICETSC.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/10POLICETSC.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/09POLICERacespdf.pdf


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

Recommendation:


11. Request for Public Hearing - Historic Landmark ApplicationThe Raleigh Historic Districts Commission (RHDC) has received one application forRaleigh Historic Landmark designation, the owner-initiated Wilmont Apartments, 3200Hillsborough Street. The RHDC is reviewing the application and is anticipated to find atits September 21, 2010, morning meeting that it meets the criteria for designationcontained in G.S. 160A-400.5 and City Code section 10-1053(a). City Code Section 10-1053 sets out certain actions for the City Council to take in regard to the applications.

Recommendation:

If RHDC determines that the designation criteria is met that Council refer the applicationto the Department of Cultural Resources, Division of Archives and History for its

analysis and recommendations concerning the reports; authorize a joint public hearingbefore the City Council and the Raleigh Historic Districts Commission on the evening ofTuesday, November 2, 2010, to consider the proposed designation ordinance.

12. Grants12.1 Fire - U.S. Department of Homeland Security/FEMA - SAFER Grant

Application

The Fire department requests permission to apply for the U.S. Department ofHomeland Security/Federal Emergency Management Administration SAFER(Staffing for Adequate Fire and Emergency Response) grant. This federal grantwould fund the salaries for 30 new firefighter positions for a period of two years.The City of Raleigh would be responsible for funding the salaries after the

second year and for continuing to support these positions permanently. The 30positions will be used to staff one new engine company and one new laddercompany with five personnel for all three shifts for each new company. Ifawarded, the projected salary/benefits cost breakdown is in the agenda packet.

Recommendation:

Authorize staff to submit the SAFER grant application.

12.2 American Recovery and Reinvestment Act - Broadband TechnologyOpportunities Grant

On August 4, 2009, City Council approved submission of a national applicationfor American Recovery and Reinvestment Act - Broadband Technology

Opportunities Grant. The proposal was jointly developed by CommunityServices, Parks and Recreation, Community Development, InformationTechnology, and City Managers Office with One Economy Corporation, aglobal 501-C-3 nonprofit organization, being the lead applicant. Their mission isto maximize the potential of technology to help the underserved citizens andcommunities in Raleigh improve their lives and enter the economic mainstreamby catalyzing widespread access to broadband, computers, and on-lineeducational content.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/11PLPHReqHistoricLandmarkApp.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/12FIREGrantApplication.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/12FIREGrantApplication.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/11PLPHReqHistoricLandmarkApp.pdf


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The City of Raleigh was awarded approximately $1,374,103 of which only$78,000 will be transferred to the City of Raleigh from One Economy. Thedistribution of the $1,374,103 is as follows:

Project Costs - Broadband Internet Access:

Development, Acquisition, Installation, Maintenance and Support (not limited

to): $ 788,103Purchase/Installation of Network equipmentWireless Access Service to 1,877 UnitsDevelopment/Implementation of Community Splash Page PortalMaintenance and Support of Implemented Equipment and ServicesCommunity Technology Advisors Stipend (27 x $6,000)

Public Awareness Campaign (not limited to the following): $416,000PSA CommercialsInformational Flyers

Digital Connectors Operational Cost (not limited to the following): $92,000New laptops

Flip camerasT-shirts, flash drives, backpacksInstructors Training and Travel

Total $1,296,703

With this $1,374,103, One Economy will collaborate with 27 Raleigh housingdevelopments to bring subsidized broadband connections to 1,877 affordablehousing units. They will install 27 wireless networks and create 27 communityportal splash pages. In addition, One Economy will employ 27 part-timeCommunity Technology Advisors who will serve as liaison, troubleshooter, andsplash page administrator for their community.

Project Costs - Broadband Internet Adoption:

Digital Connector Instructor Salary $28,000One Year Full-time Employment

Digital Connectors Youth Stipend $30,000$500 per youth

Program Operational Costs (not limited to the following): $20,000Classroom laptopsTransportation costsCourse materials

Total $78,000

This $78,000 will fund four Digital Connectors programs. These programs aretraining and volunteer program for 60 youth aged 14-21 in the targeted Raleighareas. These successful youth will then train 900 residents in their communitieson the use of technology. Two programs will begin in October 2010 and two willbegin in June 2011.

Budgetary accounts to be created:

Revenue Account:

810-1810-513160-996-GRT00-70510000 $78,000AARA One Economy Pass Through Grant


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Expense Accounts:810-1810-600110-996-GRT00-70510000 $26,010

PT Salary - Instructor810-1810-620050-996-GRT00-70510000 1,613

FICA810-1810-620060-996-GRT00-70510000 377

Medicare810-1810-701010-996-GRT00-70510000 20,000

Operational Supplies810-1810-725080-996-GRT00-70510000 30,000

Grant Stipends


Accept the grant and authorize the City Manager to execute the Grant Agreementwith One Economy Corporation.

13. Easement Request - 800 Corporation DriveA request has been received from Progress Energy Carolinas, Inc. for a utility easementon City owned property located at 800 Corporation Drive for the purpose of providingservice to the new Wilders Grove Solid Waste Services Center.

Recommendation:

Approve the conveyance of this easement to Progress Energy.

14. Consultant Services - Service Contract - Street Tree InventoryFor the past several years, the Urban Forestry division has been heavily involved in aStreet Tree Inventory project. This project involves the collection of species,composition, age, and overall health of city trees, supplies locations for new and existingtree planting sites, assists in the identification of hazardous trees to improve public safety

and reduce city liability, and provides a platform for strategic planning in accordancewith the 2030 Comp Plan. To date approximately 40,000 trees have been surveyed and170,000 remain.

The Urban Forestry division was awarded a Sustainability grant in the amount of$175,000 from the Citys Sustainability Office to aid in the completion of the inventory.The grant award includes contractual services funding to conduct the street treeinventory.

Staff proceeded with an RFP and seven proposals were received. The recommendedvendor is Davey Resource Group, a division of the Davey Tree Expert Company, whichhas completed over 300 municipal Street Tree Inventory projects. Their proposal wasbest suited to meet the Citys needs. Further, their pricing of $2.45 per tree is deemed

very reasonable. It is estimated that this contract will fund the inventory and survey69,824 trees.

Recommendation:

Authorize the City Manager to accept the proposal from Davey Resource Group, adivision of the Davey Tree Expert Company, and authorize the City Manager to enterinto a service contract for the street tree inventory services.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/13ASProgressEnergyEasement.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/13ASProgressEnergyEasement.pdf


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15. Contract Amendments15.1 Sages Networks

On May 19, 2009, City Council approved a new Interlocal Agreement withMecklenburg County to jointly develop and finance an Electronic PlansManagement system (EPM). The EPM system will automate the development

plan review process, providing customers with web-based document submittal,real-time access to review results, and automated notifications. The system willalso automate the distribution of plans among staff and allow on-linecollaboration between staff and customers.

The planning stage of the process has concluded, and staffs from the City ofRaleigh and Mecklenburg County are ready to proceed to the development stage.Staff recommends approval of the contract amendment with Sages Networks,Inc, covering system design, programming, implementation, and temporarymaintenance support. The Citys share of these contracted services are fixed at$355,000. City Council previously appropriated funds for this project, and nofurther appropriation is requested. The EPM system should be completed in thefirst quarter of FY 2012.

Recommendation:

Authorize the City Manager to execute the Interlocal Agreement and the requiredcontract amendment.

15.2 McLaurin Parking - Third Amendment Second One Year Extension forParking Contract

The original contract with McLaurin Parking expired October 31, 2009. Section6 of the contract provides for up to two one-year extensions exercisable at theCitys option. The contract has already been extended once to October 31, 2010.It is therefore recommended that the contract with McLaurin Parking be extendedfor a second time by one year, from November 1, 2010, through October 31,

2011. The total contract amount for the current year is $743,984.52 whichincludes the operational fees for the Blount Street Deck added to the originalcontract September, 2009. The total amount for this second year extension willbe $743,984.52 because of the addition of the 305 Hillsborough Street Lot at$593 per month and the elimination of the Ferndell Lot that was sold. There aresufficient funds budgeted in account 442-2230-708900-272.

Recommendation:

Approve the amendment.

16. Street Closing Request - STC-07-10 - East Whitaker Mill Road - PortionM. Bradley Harrold of Harrold Law Firm, agent for Timothy O. King and Charles B.

King, Jr., is petitioning to close portions of the right-of-way known as East Whitaker MillRoad. The petition was submitted so that abutting property owners can increase the sizeof their lot- 522 East Whitaker Mill Road.

Recommendation:

Adopt a resolution authorizing public hearings to be held on Tuesday, October 19, 2010.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/14PLSSTC710.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/14PLSSTC710.pdf


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17. Encroachment Requests17.1 Automotive Way and Dennis Avenue

A request has been received from Belvidere Park Neighborhood Association toencroach on City right-of-way for the purpose of the installation of neighborhoodsigns. A report is in the agenda packet.

Recommendation:

Approve the encroachment subject to completion of a liability agreement anddocumentation of proof of insurance by the applicant.

17.2 223 South Wilmington StreetA request has been received from Deepjava Property Co., LLC to encroach onCity right-of-way for the purpose of bringing the building into compliance withthe Citys current encroachment standards. A report is in the agenda packet.

Recommendation:

Approve the encroachment subject to completion of a liability agreement and

documentation of proof of insurance by the applicant.18. Budget Amendments

18.1 Community ServicesThe following accounts should be increased by:

Revenue Accounts:

810-7108-53550-985 ARRA Funding $14,000100-3010-708900-252 City Match 24,499

$38,499Expense Accounts:

810-3020-600110-986-GRT07-7108000 Salaries $28,080810-3020-620050-986-GRT07-7108000 FICA 1,741810-3020-620060-986-GRT07-7108000 Medicare 407810-3020-712040-986-GRT07-7108000 Mileage 3,405810-3020-700010-986-GRT07-7108000 Supplies 2,500810-3020-703010-986-GRT07-7108000 Printing 1,866810-3020-725120-986-GRT07-7108000 Recognition 500

$38,499Purpose:

To set up the budget to disperse funds to the appropriate line items in the VISTAProgram as specified in the 2010/2011 grant year. The match account fund is

100-3010-708900-252.

18.2 PoliceThe following accounts should be increased by:

Revenue Account:

100-0000-531190-000 Taxi Driver Fees $15,000

Expense Account:

100-4035-708900-409 Contractual Services $15,000
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/15PWEncroachments.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/15PWEncroachments.pdf


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Purpose:

As a result of an increase in certain taxi driver fees, the Police Departmentrequests an increase in the associated revenue and expense accounts. TheRaleigh City Code was amended last fall to increase the application fee from $15to $50 and to allow the City to obtain State and National criminal history check

through the N.C. SBI.19. Condemnation Request

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

Project Name: Capital Area Transit Passenger Amenity ImprovementsName: Gladbern Millrun Rentals, LLCLocation: 1407 Gorman Street

Recommendation:

Approve a resolution of condemnation for easements needed from the above property.

20. Change Orders20.1 Poole Road Water Transmission Main Construction Project - Change Order

#3 - Fechko Excavating, Inc.

This change order is for a net increase of $52,611.69.

Reason:

For additional work associated with the installation of the 30-inch watertransmission main for the Poole Road Water Transmission Main, including there-installation of a guardrail along the edge of Lake Myra as directed byNCDOT, additional erosion control matting along the banks of Marks Creek tofacilitate the stabilization of the creek bank, wetland restoration work as directedby NCDWQ and additional select backfill for stabilization around NCDOT

culverts crossing under Poole Road.

History:

Original contract amount $4,684,620Previous net changes (ADD) $90,884.91New contract amount $4,828,116.60


Transferred From:

348-5210-790010-945-CIP01-97330000 $14,189Poole Road Rehab

348-5210-790010-946-CIP01-97330000 23,851Poole Road Rehab

348-5210-790010-975-CIP01-84680000 14,573Main Replacement

$52,613Transferred To:

348-5210-792020-945-CIP01-93670000 $14,189DEBWTP Water Transmission Main

348-5210-702020-946-CIP01-93670000 23,851DEBWTP Water Transmission Main
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/16ASCondenmnation.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/16ASCondenmnation.pdf


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348-5210-792020-975-CIP01-93670000 14,573DEBWTP Water Transmission Main


Approve the change order in the amount of $52,611.69, and the budgetary

transfer.20.2 Dempsey E. Benton Water Treatment Plant Water Transmission Main,

Phase 2 Construction Project - Change Order #4 - Triangle Grading and

Paving, Inc.

This change order is for a net increase of $144,710.40.

Reason:

For additional work associated with the installation of the 48-inch watertransmission main for the Dempsey E. Benton Water Treatment Plant. Workincludes switching from a trenchless crossing to an open cut installation of the48-inch transmission main across NC 50 due to a conflict with an existingunderground storm drain discovered during installation of the originally designeddry bore and jacking operation. Work also includes additional costs for TriangleGrading and Paving, Inc., to add to their scope of work the disinfection of thePhase I portion of the 48-inch transmission main project, including the sectionlocated within the water treatment plant site in order to place the entire 8-milelong transmission main into service in a more efficient and cost effective manner.The additional dry bore and jack casing that was required to clear undergroundutility conflicts at Vandora Springs and Yeargan Road trenchless crossings isalso included in this change order.

History:

Original contract amount $7,842,991Previous net changes (ADD) $1,444,741.22

New contract amount $9,432,442.62


Transferred From:

348-5210-790010-975-CIP01-80300001 $144,711DEBWTP Backwash Waste Recycle Facility

Transferred To:

348-5210-792020-975-CIP01-93670000 $144,711DEBWTP Water Transmission Main

Recommendation:

Approve the change order in the amount of $144,710.40 and the budgetarytransfer.

21. Bid - Strickland Road Park Phase IBids were received on August 3, 2010, for the Phase I construction of Strickland RoadPark. Staff recommends accepting the base bid and six alternates from the apparent lowbidder Modern South Construction Company with the amount totaling $628,884.

MWBE participation in the full bid work is 22.3%.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/17PRBidStricklandRoadParkPhaseI.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/17PRBidStricklandRoadParkPhaseI.pdf


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Recommendation:

Award the contract for Phase I construction of Strickland Road Park to Modern SouthConstruction Company in the amount of $628,884.

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

22.1 Parking Meter Zone - Glenwood AvenueIt is recommended that an existing Thirty Minute Parking Meter Zone, located onthe east side of Glenwood Avenue, between Jones Street and Lane Street bechanged to a Two Hour Parking Meter Zone. It is also recommended that aMaterial Loading Zone be established at this location.

Petitions were received from the business owners located at 222 GlenwoodAvenue requesting a loading zone and requesting that the parking in front of theirbuilding be changed from thirty minute meter parking to two hour meter parking.

Recommendation:

Approve and amend the Traffic Schedule.

Delete from Traffic Schedule 15B:

Lane Street, south side, east of Glenwood Avenue, eastward 75 feet

Add to Traffic Schedule 17:

Glenwood Avenue, east side, beginning 86 feet north of Jones Street northward45 feet

Delete from Traffic Schedule 20B:

Glenwood Avenue, east side, 86 feet north of Jones Street northward 45 feet

Glenwood Avenue, east side, 159 feet north of Jones Street northward 263 feetAdd to Traffic Schedule 20D:

Glenwood Avenue, east side, 159 feet north of Jones Street northward 263 feetLane Street, south side, from Glenwood Avenue, eastward 75 feet

22.2 No Parking Zone - Morgan StreetIt is recommended that a No Parking Zone be established on the south side ofMorgan Street between Harrington Street and West Street.

A request was received to remove the new one hour parking along the south sideof Morgan Street to improve traffic flow.

Recommendation:

Approve and amend the following Traffic Schedule.

Delete from Traffic Schedule 13:

Morgan Street, south side, from Harrington Street to Dawson Street

Delete from Traffic Schedule 15C:

Morgan Street, both sides, between Dawson Street and West Street

Add to Traffic Schedule 13:
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/18PWTraffic.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/18PWTraffic.pdf


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Morgan Street, south side, from West Street to Dawson Street

Add to Traffic Schedule 15C:

Morgan Street, north side, from Dawson Street to West Street

22.3 Parking Meter Zone - Cabarrus StreetIt is recommended that a Parking Meter Zone located on the south side ofCabarrus Street, east of Dawson Street be modified to assist with R-Lineoperations.

A request was received from CAT (Capital Area Transit) to remove one of theone hour parking meter spaces to allow for adequate space for the buses turningonto Cabarrus Street from Dawson Street.

Recommendation:


Delete from Traffic Schedule 20C:

Cabarrus Street, south side, beginning 45 feet east of Dawson Street eastward106 feet

Add to Traffic Schedule 20C:

Cabarrus Street, south side, beginning 65 feet east of Dawson Street eastward 85feet

22.4 Two Hour Parking - Johnson StreetIt is recommended that a No Parking Zone be removed on the south side ofJohnson Street, beginning at St. Marys Street, eastward 141 feet.

A request was received by the owner of Ciagos Restaurant to have two hourparking in front of his business to provide additional parking for his customers.

Recommendation:


Delete from Traffic Schedule 13:

Johnson Street, south side, beginning at St. Mary's Street, eastward 141 feet

Add to Traffic Schedule 15D:

Johnson Street, south side, from Boylan Avenue to St. Marys Street

THIS IS THE END OF THE CONSENT AGENDA


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

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

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

CR Number Subject Vote Recommendations Comments

1. CR-11387 Z-11-10(VSPP)

8-1 Approval,Conditional Use

Hillsborough Street, southside, east of its intersectionwith Park Avenue toMorgan Street, west side,north of Tryon Hill Roadand Wakefield Drive, westside **(Rocky Branch)

(THE FOLLOWING ACTION WAS TAKEN BY THE PLANNING

COMMISSION AT THEIR SEPTEMBER 14, 2010 MEETING, BUT NOT BY

UNANIMOUS VOTE)

1. Z-11-10 - Hillsborough Street, south side, east of its intersection with Park Avenueto Morgan Street, west side, north of Tryon Hill Road and Wakefield Drive, west

side, Conditional Use **(Rocky Branch) (VSPP)

This is a request to rezone property from Residential-20, Office and Institution-2, BufferCommercial, Neighborhood Business and Industrial-2 to Industrial-2- Conditional Use

with Pedestrian Business Overlay District.CR-11387 from the Planning Commission finds that this case is consistent with theComprehensive Plan, and recommends that the case be approved subject to conditionsdated September 8, 2010.

E. SPECIAL ITEMS1. Greater Raleigh Convention and Visitors Bureau Request/Raleigh Convention

Center Business Development Fund (BDF)

During the September 7, 2010, Council meeting, the City Council agreed to increase theannual BDF funding level from $350,000 to $500,000 for the current fiscal year, 2010-11, and extend the term of the $350,000 annual level through fiscal year 2017-18.

Council also agreed to provide a separate one-time funding of $316,000 to the BDF infiscal 2010-11 solely for the National Hockey League (NHL) All-Star Game as asignature event under BDF guidelines.

It was recommended that the Council allow up to $150,000 of any unused funds to becarried over to the following year for a maximum annual fundingof $650,000. No actionwas taken on that recommendation.

The Council directed that the item be placed on this agenda to receive a report on theCountys actions on this request and to make any adjustments deemed appropriate at thatpoint.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/19PLPC.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/19PLPC.pdf


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2. North Carolina Board of Nursing/Lake Boone Trail - Request for SignDuring the September 7, 2010, Council meeting, Jim Baker was at the meeting to requestrelief to allow for street identification signage to be placed on an existing sign adjacent toa shared driveway entrance to the North Carolina Board of Nursing on Lake Boone Trail.Discussion took place on the Councils authority relative to this issue as well as the

Board of Adjustment ruling. It was directed that the item be placed on this agenda toreceive a report from the City Attorney relative to the Board of Adjustment ruling andany recommendations as to how to proceed from this point.

3. SU-4-10 - Bu-Ku - Special Use PermitDuring the August 3, and September 7, 2010, Council meetings, hearings were held toconsider a request for a special use permit to allow outdoor amplified entertainment atBu-Ku, 110 East Davie Street. During the September 7, meeting, the City Councilapproved the request to allow outdoor amplified entertainment between 6:00 p.m. and11:00 p.m., seven days per week. It was directed that the item be placed on this agendato consider the findings of fact and conclusions of law.

4. SU-5-10 - Curtis Media GroupDuring the September 7, 2010, Council meeting, a hearing was held to consider a requestfrom Curtis Media Group for a special use permit to relocate and replace the existingradio transmission tower which is 280 feet in height at 649 Maywood Avenue.Following the hearing, the Council voted to approve the request and directed that the itembe placed on this agenda to consider the findings of fact and conclusions of law.

5. SU-6-10 - Carolina Ale HouseDuring the September 7, 2010, Council meeting, a hearing was held to consider a requestform the Carolina Ale House for a special use permit to allow outdoor amplified musicalperformances at 7981 Skyland Ridge Parkway. Following the hearing, the action ofCouncil was to approve the request for a two-year period and directed that the item beplaced on this agenda to consider the findings of fact and conclusions of law.

6. African-American Cultural FestivalDuring the September 7, Council meeting, Mayor Pro Tem West indicated the African-American Cultural Festivals Board of Governors consists of seven members, two ofwhich are no longer able to serve, Dr. Norman Camp and Paul Pope. He asked thatvacancies be declared for those two positions and Margaret Rose Murray be appointedwith the understanding a second name would be submitted. It was directed that the itembe placed on this agenda for consideration.

7. Union Station/Multimodal Transportation CenterDuring the September 7, 2010, Council meeting, Mayor Meeker pointed out Councilmembers had received the final report on Raleighs Union Station proposal. He stated

the report included suggested next steps. He asked that the item be placed on this agendafor discussion and to receive a recommendation from the City Manager as to how toproceed with the next steps.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. North Carolina State Museum of Natural Sciences - The Nature Research Center in

the Green Square Project

On September 19, 2005, the City Council and the Wake County Board of Commissionersapproved an amendment to the Interlocal Agreement (disbursement of food and beverage
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/20CMSINCBoardofNursingSign.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/21PLSIUnionStation.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/22CMNCMuseumNaturalSciences.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/22CMNCMuseumNaturalSciences.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/22CMNCMuseumNaturalSciences.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/21PLSIUnionStation.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/20CMSINCBoardofNursingSign.pdf


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and hotel/motel taxes) which allocated $6 million to the Friends of the North CarolinaState Museum of Natural Science in support of the Green Square Project (now underconstruction). The Council and Board further agree to assist in the effort to secure anadditional $4 million to support the project.

At the time it was expected that the entire Green Square Project and an adjacent new

State Employees Credit Union headquarters would all be privately owned and subject toproperty tax payments. Therefore, the Council and Board could consider annual grants tosupport the additional $4 million due to the new taxes which were generated from thedevelopment. Today the Museum building will be publicly owned and the new StateEmployees Credit Union headquarters (approximately $30 million investment) will beprivate and subject to property taxes.

Based upon this private investment it is possible for the City and County to make a multi-year grant pledge (based on the incremental new tax base) until the $4 million is raised.The agreement included in the agenda packet outlines the terms and details.

Recommendation

Approve.

G. REQUESTS AND PETITIONS OF CITIZENS (2:00 P.M. OR AFTER)1. Steven Waters would like to discuss identical crash patterns that occur repeatedly at the

same intersections and ask the Law and Public Safety Committee to investigate whatactions the Council might take to identify and prevent this type crash.

2. Elizabeth Sappenfield, Preservation North Carolina, would like to request an extension ofdemolition deadline for the Briggs house at 2 Ashe Avenue.

3. Richard Johnson, Reeds Point Properties, LLC/CitySpace RP Properties, LLC, would liketo request a six-month extension relative to the demolition orders for houses at 614 and616 Dorothea Drive and relief from fines that have occurred to date.

4. Ken Thompson, JDavis Architects, PLLC, would like permission to file a text changerelative to off-street parking standards and exceptions of the City of Raleigh code thatwould allow an administrative approval for parking reductions up to 30 percent of therequired parking for low-income multi-family and senior housing projects funded orfinanced by any federal, state or municipal entity.

H. MATTERS SCHEDULED FOR PUBLIC HEARING (2:00 P.M. OR AFTER)1. A hearing to adopt an Ordinance authorizing the demolition of the unfit buildings as

listed below and pursuant to the provisions of Section 10-6127(d) of the City Code if therepairs necessary to render the dwellings fit for human habitation are not completedwithin ninety (90) days:

LOCATION PROPERTY OWNER

TAX ID

NO.

VACATED

AND CLOSED

213 Kennedy Street (C) Daisy Lila Lee, Heirs 0041298 805 Days

520 Lakestone Drive (E) William F. Jr. and ChristineH. Hamlin

0100460 434 Days

1507 East Lane Street (C) Jessie Lucas, Heirs 0042972 439 Days

206 Linden Avenue (C) William Sylvester White, Sr. 0003960 420 Days

1713 Oakwood Avenue (C) Jonathan K. Mitchell 0038211 438 Days
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/23CLERKCitizenRequests.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/24CLERKPH.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/24CLERKPH.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/23CLERKCitizenRequests.pdf


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1304 Pender Street (C) James A. and Hattie H.Joyner

0068374 419 Days

2. A hearing to consider the adoption of a resolution confirming the charges for demolitionof the Unfit Buildings as a lien against the property as listed below:


TAX ID

NO.

DEMOLITION

COST

306 South State Street (C) Stonecrest Income andOpportunity Fund I, LLC

0078826 $5,040

3905 Thelma Street (C) Vernon J. Vernon 0064641 $2,600

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


TAX ID

NO.

ABATEMENT

COST

3916 Apperson Drive (C) Mario Hernandez 0284783 $283

7200 Ashley Drive (B) Homesales Inc. 0074996 $7992700 Barrington Drive (C) Crawford F. and Sherry L.

Runion0056087 $693

217 Bart Street (C) C. Vincent and Hester M.Adams

0000204 $429

1812 Bickett Boulevard (B) Anderson Hemric BondLLC

0060809 $286

920 South Bloodworth Street(C)

Irma H. and AljerneyHarris

0060346 $304

409 Bolin Court (D) Latissue Hedgepath and

Batrone Hedgepath Heirs

0161877 $352

2412 Boswell Road (C) Fannie Mae 0067129 $253

7809 Chestnut Branch Court(E)

Pogo LLC 0343321 $269

814 Cotton Place (C) James Otis Alston andRosabelle Alston Hinton

0001694 $269

818 Cotton Place (C) James Otis Alston andRosabelle Alston Hinton

0001695 $269

2812 Dancer Court (C) William Eborn, Sr. andWilliam Eborn, Jr.

0215271 $261

3333 Dogwood Drive (B) Dennis E. Hrynkow 0034203 $1,550

2609 Evers Drive (C) Vernon Henry 0006173 $337

201 Gilbert Avenue (D) Inez G. Messer 0028051 $360

713 Grantland Drive (C) NC Property DevelopmentLLC

0101713 $352

430 Haywood Street (C) Vincensia O. Bethea 0072975 $537


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2929 Henslowe Drive (D) Robin Smith Abdul-Fattahand Naser K. Abdul-Fattah

0142229 $264

1012 East Jones Street (C) Angie Sturdivant Heirs 0068699 $255

5032 Kaplan Drive (D) Abdel and Dia BaianonieShwaiki

0068101 $316

4327 Karlbrook Lane (B) Devans James 0338386 $261

213 Kennedy Street (C) Daisy Lila Lee Heirs 0041298 $797

5713 Keowee Way (B) Cheryl Motte 0284475 $292

309 North King CharlesRoad (C)

Walter B Dobbins 0009316 $534

8000 Lloyd Allyns Way (A) First Triangle DevelopmentLLC

0341866 $434

4113 Mackinac Island Drive(C)

Stanley D. McBride 0247605 $294

6108 Mansura Drive (C) Davon and Anitra Ross 0321672 $278

1813 Martin Luther King Jr.Boulevard (C)

Wells Fargo BankMinnesota National

0102272 $692

714 McMakin Street (C) James Edward, Jr. and JuanMedford Cofield

0013842 $442

5115 New Bern Avenue (C) VN Enterprise Corporation 0015947 $6,684

820 Newcombe Road (C) Mildred Leak Heirs 0022759 $315

1713 Oakwood Avenue (C) Jonathan K. Mitchell 0038211 $265

1904 Oakwood Avenue (C) Fred Dunn Heirs 0019280 $278

7029 Paint Rock Lane (C) Alicia Jacobo 0342726 $278

204 Parkland Road (D) Hanh Tran 0067998 $941

1701 Poole Road (C) Lori Kearney 0080468 $265

1821 Rock Quarry Road (C) Ibrahim N. Oudeh 0077749 $1,440

3301 Rock Quarry Road (C) Rock Quarry Holdings LLC 0056390 $2,561

4205 Ruby Drive (C) Timothy H. Willey 0068199 $2,432

2505 Sawmill Road (A) Vasant and Prabha Sejpal 0125608 $263

5416 Seaspray Lane (C) Lasalle Bank National

Association

0292533 $278

5516 Seaspray Lane (C) Bobby Dirani 0292554 $293

234 East South Street (C) Robert Taylor Heirs 0069634 $304

7037 Spanglers Spring Way(C)

Federal Home Loan MTGCorp

0319704 $275

3836 Sue Ellen Drive (B) Jose Angel Vaquiz 0113104 $551

3217 Trassacks Drive (C) Deutsche Bank National 0321431 $271


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Trust Company/Trust

120 Walker Street (D) LandTrak LLC 0063184 $284




1705 South WilmingtonStreet (D)

LandTrak LLC 0027243 $386

4. A hearing to receive public comment on a proposed Water Shortage Response Planwhich has been developed by the Public Utilities staff to fully describe the Citys wateruse policies during drought events or emergency water shortages.

I. EVIDENTIARY HEARINGS (2:00 P.M. OR AFTER)1. A hearing to consider a request for a special use permit to allow outdoor amplified

musical performances on the elevated patio at The Diner, 410 Glenwood Avenue,between the hours of 1:00 p.m. and 11:00 p.m. The property is zoned Industrial-2 with

Pedestrian Business Overlay District. (SU-9-09)2. During the September 7, 2010, Council meeting, a hearing was held to consider a request

for a special use permit to allow outdoor amplified musical performances and acousticalevents on the covered deck area at Sadlacks Heroes, 2116 Hillsborough Street between5:00 p.m. and 10:30 p.m., seven days per week over the next five years. There werequestions from an adjacent property owner and Council agreed to hold the hearing openand place it on this agenda to receive comments as to whether a compromise had beendeveloped. (SU-7-10)

J. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. Transit-R-Line/Crabtree Valley ConnectorThe Committee recommends that this item be removed from the agenda with no actiontaken with the understanding additional consideration will be given when the Transit Planis received in late winter or early spring.

2. Capital Area Transit - Additional Service/FundingThe Committee recommends that this item be removed from the agenda with theunderstanding it will be considered in budget deliberations.

3. Real Estate Report4. Items Pending

Item #07-60 - Tarboro Road Area - Public Safety Concerns (11/3/09)

Item #09-08 - Artsplosure Funding (6/15/10)Item #09-13 - Ray Price Weekend Events (8/3/10)Trains - Quiet Zones Downtown

K. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. Z-16-10 - Wade Avenue Conditional UseThe Committee recommends approval of rezoning Z-16-10 as outlined in CR #11385with revised conditions dated September 16, 2010.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/25PLEvidentiaryHearingsSUPermits.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/26CLERKBED.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/26CLERKBED.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/26CLERKBED.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/25PLEvidentiaryHearingsSUPermits.pdf


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2. Items PendingItem #07-60 - Hillsborough Street Streetscape and Parking Plan - Update (8/4/09)Item #09-05 - TC-7-09 - Front Yard Parking for Single Family Detached Dwellings

(2/16/10)Item #09-09 - Clothing Drop-Off Bins - Locations (6/15/10)

Item #09-11 - West Morgan Street Area Study (7/20/10)Item #09-12 - Environmental Advisory Board - FY10 Annual Report and Work Plan(7/20/10)

Item #09-13 - Computer Application/WRAL Proposal (8/3/10)

L. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. Passion Nightclub - Concerns/Noise OrdinanceThe Committee recommends authorizing the City Attorney to investigate a Chapter 19Public Nuisance against Passion Nightclub and LeNiche Lounge. The Committee alsorecommends authorizing the City Attorney to continue appeals relating to PassionNightclub including civil action.

The Committee recommends that Council refer an item entitled Amplified EntertainmentPermit/Possible Changes to Committee for discussion.

The Committee further recommends the enactment of the ordinance relating to noiseviolations included in the agenda packet.

2. Unsolicited Telephone Book DeliveriesThe Committee has determined there are means to opt out of telephone book deliveriesand recommends reporting the item out of Committee to allow staff to handleadministratively.

3. Items PendingItem #09-04 - Pawnshops-Location (2/2/10)Item #09-08 - Bids/Purchases - Local Preference Policy (5/4/10)Item #09-14 - Street Vending Permits (8/3/10)

M. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. Stormwater/Development Regulations

The Committee recommends the item be reported out with no action taken. Staff isdirected to continue monitoring the Currituck Drive properties and report any problemsback to Council.

2. Utility Billing Concerns - 4532 Altha StreetThe Committee recommends the request by the property owners for relief from paying

the Solid Waste and Stormwater Utility Fees be denied.

3. Stormwater Problems - Georges MewsThe Committee recommends approving Option number one to alleviate the stormdrainage issue at 629 Washington Street, which includes extending a 36-inch pipe, withthe understanding CASA will handle both the design and construction of the project withStaff approval and the City will reimburse CASA the Citys share of the costs in anamount not to exceed $21, 505.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/27CLERKLAPS.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/28CLERKPWC.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/28CLERKPWC.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/27CLERKLAPS.pdf


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4. Items PendingItem #07-68 - Stormwater and Public Utilities Systems - Possible Merger (10/20/09)Item #09-02 - Sewer AR 1312 - Planna Terra Annexation Area (12/1/09)Item #09-11 - Crosswalks - Durant Road; Perry Creek Road, Falls of Neuse Road

(4/6/10)

Item #09-16 - Paving AR 926 and Sidewalk AR 400 - Wilmington Street (5/4/10)Item #09-17 - Sewer AR 1342 and Sewer AR 1342A - West Winds Pump StationElimination (5/4/10)

Item #09-20 - PU 2010-1 - Bentley Woods Phase II Annexation Area Sewer (7/6/10)Item #09-25 - Stormwater Fees - 10100 Durant Road (9/7/10)Item #09-26 - Traffic Concerns - Oaks at Fallon Park (9/7/10)

N. REPORT OF MAYOR AND COUNCIL MEMBERSO. APPOINTMENTS

The following committees have appeared on past agendas and some nominations have beenmade. The Council may take action to make appointments or if the nominations have not beenclosed, which would be indicated on the agenda, additional nominations may be made on the

ballot in the agenda packet. An asterisk beside a name means that person is presently serving onthat board or commission.

Appearance Commission - One Vacancy

No nominees.

Arts Commission - Three Vacancies

Joseph Cebina (Crowder/Stephenson)Andy Martin (McFarlane)

Civil Service Commission - One Vacancy - Business Representative

No nominees.

Fair Hearing Housing Board - One Vacancy

No nominees.

Substance Abuse Advisory Commission - Two Vacancies

No nominees.

Water Utility Transition Advisory Committee - Nine Members

During the September 7, City Council meeting, the City Council appointed Billy Warden, TraciSides, Lyle Gardner, Bill Holman, Peter Scott, Mike Ruck, George F. Rucker, Jr. (Garnerrepresentative), and Bob Matheny (other merger towns representative).

There is one vacancy remaining.

P. REPORT AND RECOMMENDATION OF THE CITY ATTORNEYQ. REPORT AND RECOMMENDATION OF THE CITY CLERK

1. Minutes of the August 31, and September 7, 2010, Council meetings will be presented.
http://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/29CLERKAppointments.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/30CLERK083110CCMinutes.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/30CLERK083110CCMinutes.pdfhttp://portalprd.raleighnc.gov/content/BoardsCommissions/Documents/CityCouncil/AgendaPacket/29CLERKAppointments.pdf

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