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City Council Agenda May 4 2010

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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. AND 7:00 P.M., TUESDAY

    MAY 4, 2010

    THE COUNCIL CHAMBER

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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 - Rabbi Lucy Dinner, Temple Beth Or2. 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. Energy Efficiency and Conservation Block Grant Program - Proposal forConsolidation of Loan Program Components

    City Council accepted the ARRA grant of $3,820,400 from the Department of Energy(DOE) for the Energy Efficiency and Conservation Block Grant (EECBG) Program, anda portion of those funds was designated for the Residential and Commercial EnergyEfficiency Loan Program and a Weatherization Loan Program. After furtherconsideration of the requirements of administering the two separate loan programs,Administration would like to recommend that these two components of the EECBG becombined for economy of scale for efficient administrative purposes as well as to serve abroader base of the community with a single loan program.

    It is requested that Administration be authorized to submit a revision to the EECBG grantwith the DOE for consolidation of the two loan programs and transfer the WeatherizationLoan Program-EECBG Capital Reserve account funds to the Residential and Commercial

    Energy Efficiency Loan Program-EECBG Capital Reserve account for a new programtotal of $764,080.

    Transferred From:

    810-1060-790010-996-GRT00-76010000 $400,000Weatherization Loan Program - EECBG

    Transferred To:

    810-1410-790010-996-GRT00-76020000 $400,000Res & Comm Energy Eff Loan Prog - EECBG

    Recommendation:

    Approve.

    2. North Carolina High School Athletic Association (NCHSAA) ChampionshipsSponsorship Agreement

    Since 1992, the City of Raleigh and the North Carolina High School Athletic Association(NCHSAA) have had several long-term agreements to host State Championships inRaleigh. Over the past 13 years, championship events in Raleigh have incrementallyincreased. Due to the cooperation and commitment of the City of Raleigh, NorthCarolina State University and the Greater Raleigh Convention and Visitors Bureau,Raleigh is referred to as the City of Championships. Included in the agenda packet isan agreement which represents sponsorship through 2015. In addition, each year funding

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/01PRNCHSAAChampionshipsSponsorshipAgreement.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/01PRNCHSAAChampionshipsSponsorshipAgreement.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/01PRNCHSAAChampionshipsSponsorshipAgreement.pdf
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    has been requested and received from the GRCVB Sports Event grant. The agreementhas been reviewed and revised based on recommendations from the City Attorneysoffice.

    Recommendation:

    Approve a five-year agreement between the City of Raleigh and the North Carolina High

    School Athletic Association and authorize the City Manager to execute the agreement.Funds are currently budgeted to support this request.

    3. Police - Sparta Commercial Service, Inc., BMW Motorcycle Lease AgreementThe Police Department requests authorization to enter into a lease agreement betweenSparta Commercial Service, Inc. and the City of Raleigh to provide the Department with9 (nine) BMW motorcycles. The rental agreement is for 36 months at a total cost of$185,477.04. Funds are budgeted

    Recommendation:

    Authorize execution of the lease agreement by the City Manager on behalf of the PoliceDepartment.

    4. Public Works - Transit Memorandum of AgreementIt is recommended that the Memorandum of Agreement between The City of Raleigh, theTown of Chapel Hill and Triangle Transit be approved. This MOA indicates the threeparties will make a joint application through the North Carolina congressional delegationfor the purchase of up to thirty, 40 foot transit buses, as well as para-transit vehicles andvans for funding in fiscal year 2011. If funding is secured, the parties agree to workcooperatively according to the joint responsibilities and obligations set forth in the MOA.

    Recommendation:

    Approve the Memorandum of Agreement between the City of Raleigh, the Town ofChapel Hill and Triangle Transit.

    5. Pullen Road Right-of-Way (ROW) and SidewalkThe 2030 Comprehensive Plan adopted last fall upgraded Pullen Road from a CollectorStreet to a Minor Thoroughfare, thereby invoking development requirements fordedication of an additional 10 feet of right-of-way (ROW). The purpose of additionalROW is to provide an opportunity for future expansion of traffic and/or pedestrianinfrastructure.

    Recommendation:

    Authorize a variance from dedication of additional right of way on Pullen Road in orderto avoid conflict with the deed of Pullen Park to the City.

    Authorize deferring sidewalk requirements along the southern portion of Pullen Road in

    order to conduct a joint planning effort between Public Works and Parks and RecreationDepartments and solicit input from NCSU.

    6. Stormwater Retention Facilities/Rainwater Harvesting - Interlocal Agreement withWake County

    The City was previously approved for an American Recovery and Reinvestment Act(ARRA) of 2009 loan assistance from the Clean Water State Revolving Fund in theamount of $465,737. This twenty year loan has a 0% interest rate and of the loanamount will be forgiven. Council previously accepted and approved the grant agreementwith the Clean Water State Revolving Fund.

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/02PWTransitMOA.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/03PRPullenRoadRightofWayandSidewalk.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/04PWStormwaterRetentionFacilitiesInterlocalAgreement.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/04PWStormwaterRetentionFacilitiesInterlocalAgreement.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/04PWStormwaterRetentionFacilitiesInterlocalAgreement.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/03PRPullenRoadRightofWayandSidewalk.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/02PWTransitMOA.pdf
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    This loan is for funding of rainwater harvesting systems at nine City fire stations and twoWake County facilities. The rainwater harvesting program will consist of cisterns and/orrain gardens at these locations. The total estimated cost of all these projects is $574,737.

    The City Attorneys Office has negotiated an interlocal agreement with Wake County forthe $17,407 the County projects will cost. The County will repay the loan to the City

    over a 20 year period which mirrors the Citys repayment obligations with the CleanWater State Revolving Fund. The Wake County Commissioners have approved andexecuted the interlocal agreement.

    Recommendation:

    Approve the interlocal agreement and authorization for the City Manager to execute theagreement.

    7. Stormwater - Water Quality Cost ShareThe City Council adopted a water quality cost share policy in June 2009. This policyprovides a funding mechanism to assist organizations and citizens in improving waterquality through the installation of best management practices.

    One new request and one request for additional funding on a previously approved projectwere received to consider Stormwater Utility funding assistance. These requests havebeen reviewed by the Stormwater Management Advisory Commission.

    The Stormwater Management Advisory Commission recommends approval of the FireDepartments request for funding assistance with an 80,000 gallon underground cistern atthe Keeter Training Center. The estimated total cost is $192,838 with 75% of the funding($144,628.50) requested from the Stormwater Utility.

    The Parks and Recreation Department requested additional funding of the cistern andgreen roof at the Buffalo Road Aquatic Center which was approved by City Council inJanuary with Stormwater Utility funding of $86,250 approved.

    The new total estimated cost of the Buffalo Road Aquatic Center projects is $200,687.86.

    Their request is for 75% of the funding ($150,515.90) from the Stormwater Utility or anadditional amount of $64,265.90 in addition to the $86,250 previously approved.

    The Stormwater Management Advisory Commission recommends holding the additionalfunding request for the Buffalo Road Aquatic Center projects until the July review cyclefor water quality cost share projects.

    Recommendation:

    Approve the Keeter Training Center project, hold the Buffalo Road Aquatic Centerprojects until the July review cycle for water quality cost share projects, and approve thefollowing budget adjustments:

    Transferred From:

    470-2240-790010-00975-CIP05-83710001 $144,628.50Water Quality Cost Share

    Transferred To:

    470-2240-792190-00975-CIP05-80210002 $144,628.50Keeter Training Center Cistern (ARRA)

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/05PWStormwaterWaterQualityCostShare.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/05PWStormwaterWaterQualityCostShare.pdf
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    8. Petition AnnexationsArea Name Contiguous Petitioner Acres Proposed Use

    W. Carlton Midyette, Jr.Property and Quest Academy

    Carlton Midyette, Jr. andMichelle W.F. Carll, BoardChair/Quest Academy, Inc.

    1.02 Institutional

    Walnut Creek ElementarySchool and Intervening R-O-W

    Donald M. Haydon, Jr./Wake County Board ofEducation

    20.88 Institutional

    Recommendation:

    1. That the above Midyette/Quest Academy annexation petition be acknowledged andthat Council requests the City Clerk to check its sufficiency pursuant to State statutesand if found sufficient advertise for public hearing on Tuesday, May 18, 2010.

    2. That the above Walnut Creek Elementary School annexation petition beacknowledged and that the Council requests the City Clerk to check its sufficiencypursuant to State statutes and if found sufficient advertise for public hearing on

    Tuesday, July 6, 2010. Appropriate agencies should be notified of this request inaccordance with our annexation agreement with Town of Garner.

    9. Temporary Street Closings9.1 200 Block of East Hargett Street

    Kelly Griffin, representing 5 Star Restaurant, requests a street closure on Sunday,May 16, 2010, from 11:00 a.m. until 4:00 p.m. for a basketball tournament.

    She 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:

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

    9.2 500 Block of West Hargett StreetShelly Epps, representing Capital Area Metropolitan Planning Organization,requests a street closure on Friday, May 14, 2010, from 2:30 p.m. until 6:30 p.m.for the annual Kickoff Event for Bike to Work Week.

    Recommendation:

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

    9.3 2700 Block of Webb StreetSusan Ingram, representing her neighborhood, requests a street closure onSunday, May 23, 2010, from 5:00 p.m. until 8:00 p.m. for a neighborhoodcelebration.

    Recommendation:

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

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/06PlanningPetitionAnnexation.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/07POLICETSC.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/07POLICETSC.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/06PlanningPetitionAnnexation.pdf
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    9.4 1100 Block of South Bloodworth StreetGwendlyn Jones, representing the Shalom Christian Community Church,requests a street closure on Saturday, June 12, 2010, from 9:00 a.m. until 6:00p.m. for a community outreach day.

    Recommendation:

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

    9.5 00 Block of Edenton StreetDianna Mauney, representing the State Capital Historic site, requests a streetclosure on Sunday, July 4, 2010, from 12:00 p.m. until 4:00 p.m. for festivitiesrelated to an Independence Day celebration.

    Recommendation:

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

    10. Requests for Public Hearing - Rezoning Public HearingThe Planning Department has received nine requests for rezoning to be held at theTuesday, July 20, 2010, public hearing. There may be several text changes.

    Recommendation:

    Approve one hearing to be scheduled at 6:30 p.m., on the evening of Tuesday, July 20,2010.

    11. Consultant Services11.1 Stormwater Utility Program

    The consultant selection process has been followed to provide consultantassistance for design of stormwater across the City. Proposals have beenreviewed and the following firms are recommended for contract negotiations on

    these projects:Design of Stormwater System Improvements for the Western North RidgeCommunityRecommended Firm: Dewberry & DavisAlternate Firm: WK Dickson

    Design of Stormwater System Improvements at Five PointsRecommended Firm: WK DicksonAlternate Firm: Wetherill Engineering

    Design of Stormwater System Improvements at 3900 Western BoulevardRecommended Firm: Hazen & SawyerAlternate Firm: WSP Sells

    On-Call Stormwater ServicesRecommended Firms (2): Ward Consulting

    Wetherill EngineeringAlternate Firms (2): US Infrastructure

    WK Dickson

    Recommendation:

    Authorize the City Manager to negotiate and execute contracts with therecommended firms for engineering services. If negotiations with the

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    recommended firms are not successful, authorize negotiations with the alternatefirms.

    11.2 Leesville Road Widening - Fee for Design Services AgreementThe consultant selection process has been followed and an agreement wasnegotiated with the selected consultant, AECOM, for the Leesville Road

    Widening project. The negotiated design fee is $680,314.03 to include roadway,utility relocation, drainage, erosion control, traffic control, pavement marking,signals, landscaping and signing plans as well as environmental approvals andpermitting. The design will also include surveys, public and private subsurfaceutilities location, geotechnical investigation, traffic planning, cemetery historicalresearch and preparation of right of way plats for right of way acquisition.Funding is available in account 531-2210-790010-00975-00000-CIP02-94610000.

    The total fees are in line with current market fee estimates. The consultant isproposing to use 26.75% MWBE participation.

    This agreement has been reviewed by the City Attorneys office.

    Recommendation:

    Approve the City Managers execution of the design agreement. Funds will betransferred administratively.

    12. Contract Amendment - Corrective Action Plan Variance at Neuse RiverWastewater Treatment Plant Project - Amendment #8

    The City currently has an agreement with AECOM North Carolina, Inc., for ongoingpermitting and engineering services in support of the Corrective Action Plan variance atthe Neuse River Wastewater Treatment Plant (NRWWTP) which was required by theEnvironmental Management Commission (EMC). Contract Amendment #8, in theamount of $156,340, is for a one-year contract extension and for additional work

    including permitting, design drawings, and construction administration for the NRWWTPSubsurface Flow Constructed Wetlands project; modifications to the annual monitoringreport procedures including the installation of five new monitoring wells, abandonmentand redrilling of 25 monitoring wells, and permanent abandonment of 28 monitoringwells, as required by the hearing officers recommendation and the Corrective Actionplan variance approved by the EMC. Without this Corrective Action Plan varianceapproval and the subsequent completion of the requirements of the approval by the City,the City would have been required to install hundreds of groundwater extraction wellsaround the NRWWTP site at an estimated cost of $81,000,000.

    Recommendation:

    Approve Amendment #8 with AECOM North Carolina, Inc., and the budgetary transfer.

    Transferred From:

    349-5210-790010-975-CIP01-97970000 $156,340Randleigh Center Sewer Extension

    Transferred To:

    349-5210-792010-975-CIP01-91720000 $156,340NRWWTP Land Application BMPs

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    13. Personnel Changes13.1 Finance Position Reclassification and Title Change

    A combination of a staff promotion, retirement of a long-term employee andevolving organizational needs associated with the new ERP processes make itnecessary to change the duties of the ERP Systems Administrator (position 1482,

    code 0347, pay grade 39) to an Accountant/Auditor III (position 1482, code0161, pay grade 38). The ERP duties are being assigned to other positions withinthe Accounting and Reporting Division; the Accountant/Auditor III will performhigh level duties in support of the Citys annual audit and CAFR preparationprocesses. This is a reduction in pay grades and thus has no budget impact.

    Recommendation:

    Approve reclassification.

    13.2 Information Technology Position ReclassificationApproval to reclassify Systems Analyst/Programmer (PG 34; code 0317; pos3874; vacant) to a Staff Analyst (PG 36; code 0416) will establish a role within

    the City to develop and implement programs that promote and enhance digitalinclusion for citizens in Raleigh. The incumbent of this position will developgoals and business plan, measure outcomes and develop progress reports,administer community technology-related grants and contracts. This positionwill be accountable for any auditing information or tasks related to federalstimulus grant activities. The incumbent should have some understanding ofcommunity technology programs for the underserved and rural communities.

    Recommendation:

    Approve the reclassification of the Systems Analyst/Programmer (PG 34; code0317; pos 3874; vacant) to a Staff Analyst (PG 36; code 0416). Funding for thisposition is available in the salary account.

    14. Encroachment Requests14.1 703 Tucker Street

    A request has been received from George Lennon to encroach on City right-of-way for approximately 36 linear feet for the purpose of upgrading an existingretaining wall at 703 Tucker Street. The wall protrudes into the right-of-way byapproximately 3 into the Tucker Street right-of-way and by 4 into the NorthBoylan Street right of way.

    Recommendation:

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

    14.2 Grenelle Street - Strayer UniversityA request has been received from Weiser Garner, LLC, to encroach on Cityright-of-way for approximately 70 linear feet with a 36 RCP storm pipe for thepurpose of providing stormwater drainage to the BMP on the west side ofGrenelle Street between Tryon Road and Olympia Drive.

    Recommendation:

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

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/08PWEncroachments.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/08PWEncroachments.pdf
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    15. Budget Amendments15.1 Finance

    The following accounts should be increased by:

    Revenue Account:

    100-0000-511100-000 Sales Tax Proceeds $300,000

    Expense Account:

    100-1611-708900-161 Contract Services $300,000

    Purpose:

    To provide for maximum payment of fee to Dixon Hughes PLLC for sales taxrecovery work approved by Council on January 19, 2010. This is contingencyfee based and fees are payable only to the extent that the new revenues arerealized.

    15.2 FireThe following accounts should be increased by:Revenue Account:

    100-0000-532590-000 Insurance Proceeds $3,568

    Expense Account:

    100-4240-704050-451 Equipment Repair $3,568

    Purpose:

    To accept insurance proceeds for accident repairs to Fire Engine 12.

    15.3 PoliceThe following accounts should be increased by:

    Revenue Account:

    100-0000-532980-000 Appropriation from Special Reserve $8,000

    Expense Account:

    100-4040-701010-392 Operational & Maintenance Supplies $8,000

    Purpose:

    The Raleigh Police Department (RPD) sponsors many programs for kidsthroughout the year. These programs offer kids an opportunity to betterthemselves and their communities while being mentored by police officers. RPDrequests that $8,000 be allocated from the Controlled Substance Tax fund

    balance reserve (100-0000-400010-40016) for these programs through the end offiscal year 2010.

    15.4 Public UtilitiesThe following accounts should be increased by:

    Revenue Account:

    310-0000-532900-000-00000-00000000 $6,200Miscellaneous Revenue

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    Expense Account:

    310-5210-712170-601-00000-00000000 $6,200Promotions

    Purpose:

    To provide funds from sponsorships received for WaterFest 2010.

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

    Project Name: Lower Neuse River Greenway

    Name: Grace LittlejohnLocation: 2021 and 2025 Ann Avenue

    Recommendation:

    Approve a resolution of condemnation of the fee simple interest in the entire two parcels.

    The project requires greenway and conservation easements. The conservation easementcovers all of one parcel and almost all of the other parcel.

    The remainder of the other parcel (the Remainder) consists of .28 acre as shown on themap entitled South Neuse River Greenway for The City of Raleigh, and included in theagenda packet (the Acquisition Map).

    The City has obtained an appraisal report that considered the highest and best use of theparcels before and after the acquisition as well as the highest and best use of theRemainder. The appraisal report indicates that the value of the parcels after theacquisition of the easements and the value of the Remainder is of little value. A copy ofthe appraisal report is included in the agenda packet. Page 34, shows an after value of$0.00.

    Based on that appraisal report, it is recommended that the City determine that theunderlying fee simple interest in the parcels in the after condition as well as theRemainder is of little to no value; that a partial taking of the land would substantiallydestroy the economic value or utility of the underlying fee simple interest in the parcelsas well as the Remainder; and that the fee simple interests of the owner(s) in the entiretwo parcels, including the Remainder, should be condemned.

    Negotiations have, thus far, been unsuccessful with the following property owners;therefore, staff recommends that authorization be granted for condemnation be authorizedfor the following:

    Project Name: Wendell Boulevard Sanitary Sewer Main Extension

    Name: Dorothy G. PerryLocation: 2081 Wendell Boulevard

    Name: Alma Perry VaughanLocation; 2201 Wendell Boulevard

    Project Name: Upper Poplar Creek Sanitary Sewer Main Extension

    Name: Edith H. KirkLocation: 1400 Kirk Farm Road

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/09ASCondemnations.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/09ASCondemnations.pdf
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    Name: Clarence M. Kirk Jr. Et. AlMelanie K. Kirk

    Location: 0 Cal Erin Circle

    Recommendation:

    Approve a resolution of condemnation for easements needed from above properties.

    17. Hillsborough/Morgan Streets Roundabout and Morgan Street Two-way Conversion- PW 2009-5 - Change Order # 1 - S.T. Wooten Corporation

    This change order is for a net increase of $634,369.

    Reason:

    New items and quantities associated with the addition of sanitary sewer alongHillsborough Street from Ashe Avenue to Park Avenue and along Ashe Avenue, trafficsignal modification at Hillsborough and Boylan Streets and asphalt overlay from the endof the project to St. Marys Street and along the areas of sewer replacement. Items werealso added to the contract to cover unanticipated work associated with the sanitary sewerand storm drainage included in the original contract.

    History:

    Original contract amount $1,076,196New contract amount $1,710,565

    Budget accounts to be amended:

    Transferred From:

    349-5210-790010-00975-CIP01-91820000 $412,542Upper Pigeon House Rehab/Replacement

    525-2210-790010-00975-CIP02-87330000 172,982Falls of Neuse/Millbrook Capital Reserve

    505-2210-723000-72309-CIP00-95160000 10,161

    Glenwood S/Hillsborough St Spec Proj & Prog505-2210-790010-00975-CIP00-95160000 8,558

    Glenwood S/Hillsborough St Cap Proj Reserve505-2210-792010-00975-CIP00-95160000 5,381

    Glenwood S/Hillsborough St Des/Plan Contracts505-2210-792020-00975-CIP00-95160000 8,993

    Glenwood S/Hillsborough St Gen Constr Contr505-2210-792160-00975-CIP00-95160000 15,752

    Glenwood S/Hillsborough St Utility Constr Comm$634,369

    Transferred To:

    349-2210-792020-00975-CIP02-94300000 $412,542Two-Way Morgan St Sewer525-2210-792020-00975-CIP02-94300000 172,982

    Two-Way Morgan St General Construction505-2210-792020-00975-CIP02-94300000 48,845

    Two-Way Morgan St Construction Management$634,369

    Recommendation:

    Approve the change order in the amount of $634,369 and associated budget transfers.

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    18. Transfers18.1 Police

    It is recommended that the following transfer be authorized:

    Transferred From:

    100-4010-713110-361 Wireless Data Communication $35,000100-4010-752060-361 Communications Equipment 35,000

    $70,000Transferred To:

    100-4010-702060-361 WAN Data Lines $70,000

    Purpose:

    To provide additional funding for WAN data lines.

    18.2 Public UtilitiesIt is recommended that the following transfer be authorized:

    Transferred From:

    310-5240-778850-611 Water Street Cuts $122,000310-5260-708900-614 Contractual and Other Services 122,000

    $244,000Transferred To:

    310-5240-750060-611 Trucks-Heavy $122,000310-5260-750060-614 Trucks-Heavy 122,000

    $244,000Purpose:

    To provide funds to purchase two dump trucks for the Public UtilitiesConstruction and Sewer Divisions.

    19. Bids19.1 Neuse River Pump Station Parallel Force Main Project - Contract

    Reconveyance

    Pursuant to advertisement as required by law, bids were received and publiclyopened on September 30, 2008, for the Neuse River Pump Station Parallel ForceMain Project. Mainline Contracting, Inc., submitted the low bid in the amount of$1,123,225 and was awarded the contract by Council on November 4, 2008.Contracts were executed and Notice to Proceed was issued on January 26, 2009.Mainline Contracting, Inc., mobilized to the project site shortly thereafter and

    began the installation of the force main and completed approximately 50% of thework prior to filing bankruptcy. Following order of the Bankruptcy Court datedNovember 19, 2009, the original contract was deemed rejected by theBankruptcy Court, and the Trustee for Mainline Contracting was deemed towaive formal notice or cure periods under the original contract with respect todefault or termination there under, such that the City and the Surety werepermitted to proceed to exercise their rights under the Performance bond. PublicUtilities staff and the City Attorneys Office have negotiated the completionagreement with Hanover Insurance Company (Surety) to complete the project.Hanover Insurance Company has hired Park Construction to complete the project

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/10PUBids.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/10PUBids.pdf
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    and Park is highly qualified to perform the project work. No additionalappropriation of funds is required by the City for completion of this project. Alloriginal contract requirements will remain in full force and effect.

    Recommendation:

    Authorize the City Manager to execute the completion agreement with Hanover

    Insurance Company.

    19.2 Dunn Road Sanitary Sewer Extension ProjectEleven bids were received on April 15, 2010, for the construction of the DunnRoad Sanitary Sewer Extension Project. Moffat Pipe, Inc., submitted the low bidin the amount of $2,232,635. Moffat Pipe, Inc., submitted a 100% MWBEparticipation plan.

    Recommendation:

    Approve the low bid of Moffat Pipe, Inc., in the amount of $2,232,635 and thebudgetary transfer.

    Transferred From:

    349-5210-790010-975-CIP01-90280000 $ 597,109Cemetery Branch Sewer

    349-5210-790010-975-CIP01-94110000 1,635,526Dunn Road Sewer

    $2,232,635Transferred To:

    349-5210-792020-975-CIP01-94110000 $2,232,635Dunn Road Sewer

    20. TrafficOrdinances adopted by the City Council authorizing the following traffic changes will

    become effective seven days after Council action unless otherwise indicated.20.1 No Parking Zone - Chapanoke Road

    It is recommended that a No Parking Zone be established on the south side ofChapanoke Road, beginning 812 feet west of Hammond Road, and extendingwestward 140 feet.

    A request was received by the owner of 309 Chapanoke Road to extend thestandard no parking for driveway clearance. This business has frequentdeliveries, often times with larger size trucks, and is having problems withdeliveries being made due to parked cars.

    Recommendation:

    Approve and amend the following Traffic Schedule.

    Add to Traffic Schedule 13:

    Chapanoke Road, south side, beginning 812 feet west of Hammond Road,extending westward 140 feet.

    20.2 Valet Parking Zone - North StreetIt is recommended that a Valet Parking Zone be established on the north side ofNorth Street, beginning 25 feet west of Harrington Street, and extendingwestward 45 feet.

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/11PWTraffic.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/11PWTraffic.pdf
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    A request was received by Royal Parking on behalf of Still Life to create a valetparking zone in front of their property. The requested hours are 9:00 p.m. until2:00 a.m.

    Recommendation:

    Approve and amend the following Traffic Schedule.

    Add to Traffic Schedule 13:

    North Street, north side, Valet Parking, 9:00 p.m. to 2:00 a.m., Friday throughSaturday, beginning 25 feet west of Harrington Street, extending westward 45feet.

    20.3 West Street - Loading ZoneIt is recommended that a Loading Zone be established on the east side of WestStreet, beginning 555 feet north of Peace Street, and extending northward 50 feet.

    A request was received by the owner of 806 North West Street to create a loadingzone in front of their property. Their current tenants (City of Raleigh-PublicWorks) are having problems with deliveries being made due to on street parkingin front of the loading dock.

    Recommendation:

    Approve and amend the following Traffic Schedule.

    Add to Traffic Schedule 17:

    West Street, east side, beginning 555 feet north of Peace Street, extendingnorthward 50 feet.

    20.4 Parking Zone - Morning Edge DriveIt is recommended that a No Parking Zone be established on the west side ofMorning Edge Drive, beginning at Village Lawn Drive, and extending northward

    65 feet.

    A request was received by the owner of 4908 Morning Edge Drive to create a noparking zone to ensure adequate clearance for traffic.

    Recommendation:

    Approve and amend the following Traffic Schedule.

    Add to Traffic Schedule 13:

    Morning Edge Drive, west side, beginning at Village Lawn Drive, extendingnorthward 65 feet.

    20.5 School Zone - Edwards Mill RoadIt is recommended that the effective times be established for a new school zonelocated on the new extension of Edwards Mill Road, between Trinity Road andCorinthian Way, from 8:15 a.m. to 9:00 a.m. and 2:30 p.m. to 3:15 p.m., schooldays.

    Recommendation:

    Approve as recommended.

    Add to Traffic Schedule 5.B.1.a (School Zones Twenty -Five MPH):

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    Edwards Mill Road, from Trinity Road to Corinthian Way, 8:15 a.m. to 9:00 a.m.and 2:30 p.m. to 3:15 p.m., school days (The Raleigh School).

    20.6 Channelization Change and addition for Edwards Mill Road and ChapelHill Road

    It is recommended that southbound Edwards Mill Road be channelized at Chapel

    Hill Road. This recommendation is a part of the Edwards Mill Road Extensionproject. This is a newly signalized intersection.

    The proposed channelization will be a right turn lane and a left turn lane forEdwards Mill Road. Chapel Hill Road will receive an exclusive left turn lane foreastbound traffic and westbound will receive an exclusive right turn lane.

    Recommendation:

    Approve as recommended and amend Traffic Schedule No.6 (Restricted turns atChannelized Intersections) as outlined below:

    Add to Traffic Schedule 6.B.1 C:

    Chapel Hill Road, eastbound, at Edwards Mill Road.

    Add to Traffic Schedule 6.B.3:

    Chapel Hill Road, westbound, at Edwards Mill Road.

    Add to Traffic Schedule 6.B.5:

    Edwards Mill Road, southbound at Chapel Hill Road.

    THIS IS THE END OF THE CONSENT AGENDA

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    3.# Z-7-10 - Tryon Road, north side, east of Trailwood Drive intersection, ConditionalUse **(Swift Creek)

    This request is to rezone property from Neighborhood Business, Office and Institution-1and Residential-10 with Watershed Protection Overlay to Residential-15 Conditional Usewith Watershed Protection Overlay.

    CR-11369 from the Planning Commission finds that this case is consistent with theComprehensive Plan and recommends that this case be approved in accordance withconditions dated April 28, 2010.

    E. SPECIAL ITEMS1. Public Works - Transfer/ART Recommendations

    The following transfer of funds appeared on the April 20, agenda:

    It is recommended that the following transfer be authorized:

    Transferred From:

    410-2260-712100-580 Transit Operating Subsidy $1,000,000

    Transferred To:

    410-2261-708900-580 Contractual Services - Tier II $1,000,000

    Purpose:

    The ART Tier II budget continues to experience significant growth annually. Staffprojected a 16% growth in FY2010; however, the program has outpaced this projection.It is requested that $1 Million in funding from the FY2010 Transit ordinance betransferred to the ART program. The transit ordinance is expected to incur over $1Million in savings due to the following: contract and farebox revenues are well aboveprojections and Year 3 of the Transit Plan was budgeted at $500,000 (6 months ofservice) but will not be implemented in FY2010.

    Council members had received a memorandum relative to recommendations relating tothe ART program. It was directed that the two items be placed on this agenda for furtherconsideration.

    2. S-19-09 - Kent Road SubdivisionDuring the April 6, 2010, Council meeting, a hearing was held to consider a request fromthe developer of the Kent Road Subdivision for infill subdivision located at 1114 KentRoad. Following the hearing, it was directed that the item be placed on the April 20,agenda for further consideration.

    During the April 20, meeting, a vote was held to approve the application and directed theCity Attorney to draft the appropriate findings of fact and conclusions of law and placethe item on this agenda for final consideration.

    3. Raleigh Union Station - Multi-Modal Transportation CenterA presentation was made during the April 23, retreat relative to the Raleigh UnionStation proposal. It was directed that the item be placed on this agenda for furtherdiscussion and direction. A draft of the Rules and Responsibilities for the Passenger RailTask Force is also included in the backup material for Councils consideration.

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/13PWSIARTProgram.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/14PlanningSIRaleighUnionStationMultimodalTransportationCenter.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/14PlanningSIRaleighUnionStationMultimodalTransportationCenter.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/13PWSIARTProgram.pdf
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    F. REPORT AND RECOMMENDATION OF THE CITY MANAGERG. REPORT AND RECOMMENDATION OF THE APPEARANCE COMMISSION

    1. Appearance Commission Annual Report and Work Program RequestTom Skolnicki, Vice-Chair of the Raleigh Appearance Commission, will outline the

    commissions 2009 - 2010 Annual Report and 2010 Work Program Request. A copy ofthe document is included in the agenda packet.

    Recommendation:

    That the 2009 - 2010 Annual Report and 2010 Work Program Request be received.

    H. REPORT AND RECOMMENDATION OF THE BICYCLE AND PEDESTRIANADVISORY COMMISSION

    1. Sidewalk Project ListThe Bicycle & Pedestrian Advisory Commission has reviewed the candidate sidewalkproject list and is recommending its approval. A copy of the full project list is includedin the agenda packet. The top five projects are recommended as follows:

    Wake Forest Road/Falls of Neuse Road, from Hardimont Road to Bland Road/PacificDriveWade Avenue, from Hobson Court to Annapolis DriveHillsborough Street, from Beryl Road to east of Royal StreetLake Boone Trail, from I-440 to Dixie TrailPoole Road, from Sunnybrook Road to Old Poole Road

    Recommendation:

    Adopt the sidewalk project priority list as recommended.

    I. REPORT AND RECOMMENDATION OF THE HUMAN RELATIONS COMMISSION1. 2010-2011 Human Service Agencies Grant Recommendations

    Lorrin Freeman, Vice Chair, will provide an update on the 2010-2011 Human ServiceAgencies Grant recommendations. Information is in the agenda packet.

    J. REPORT AND RECOMMENDATION OF THE PARKS, RECREATION ANDGREENWAY ADVISORY BOARD

    1. Proposed Addition to Work Plan - Smoking in ParksOn September 5, 2007, City Council referred the question of restricting smoking in parksparticularly in the childrens play area, to the Parks, Recreation and Greenway AdvisoryBoard (PRGAB). This action stemmed from letters received from concerned citizensabout smoking in the City of Raleigh parks. An ad-hoc committee was formed entitledSmoking in Parks and assigned the City Council referral to consider restricting

    smoking in parks, particularly in the child play areas. Work product of the ad hoccommittee discovered NC statutory law limited local government powers to restrictsmoking. During the 2009 session of the NC General Assembly, House Bill 2 entitledAN ACT TO PROHIBIT SMOKING IN CERTAIN PUBLIC PLACES ANDCERTAIN PLACES OF EMPLOYMENT was brought forward and subsequentlysigned into NC State Law. This law became effective on January 2, 2010.

    Recommendation:

    Approve the addition of the Tobacco Use in Parks item into the approved 2010PRGAB Work Plan.

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/15PlanningReportAppearanceCommission.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/16PWBicycleandPedestrianAdvisoryCommission.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/16PWBicycleandPedestrianAdvisoryCommission.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/17CSHRCGrantReport.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/18PRGAB.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/18PRGAB.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/18PRGAB.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/17CSHRCGrantReport.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/16PWBicycleandPedestrianAdvisoryCommission.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/15PlanningReportAppearanceCommission.pdf
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    2. System Integration Plans - Future ParksSystem Integration Plans (SIPs) have been completed for two undeveloped park sites innortheast Raleigh: Forestville Road property and Kyle Drive property. The SIP processis a component of the Park Master Plan Process in Resolution (2003)-735. The ParksCommittee, a standing Committee of the Parks, Recreation and Greenway Advisory

    Board (PRGAB), assisted in development of the SIPs. The draft SIPs, evaluated throughpublic notification and review, have been reviewed by the full PRGAB and are submittedfor City Council approval.

    Recommendation:

    Approve the System Integration Plans for the Kyle Drive and Forestville Road futureNeighborhood Park sites, and confirm the intent to provide neighborhood orientedrecreation elements as outlined in the 2010 Comprehensive Plan.

    K. REPORT AND RECOMMENDATION OF THE RALEIGH CHAMBER OFCOMMERCE

    1. Quarterly Reports January - March 2010This item is the submittal of quarterly reports outlining the Citys marketing andeconomic development program efforts January - March 2010.

    Recommendation:

    That the reports be received.

    L. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

    1. Lease Amendment - 127 West Hargett StreetThe Committee recommends that the City be authorized to amend the current lease withProfessional Building Associates, LLC, for Suite 800 in the Professional Building, 127West Hargett Street, containing 5,391 +/- square feet for Capital Area Metropolitan

    Organization offices for an additional 18 months (January 1, 2012 through June 30, 2013)with the understanding the current base rental rate of $17.61 per square foot is to increasethree percent on July 1, 2010, July 1, 2011, and July 1, 2012.

    2. Transit Easement - Strickland RoadThe Committee recommends that the City Council declare surplus the existing 15 foot by20 foot transit easement noted on BM 209, PG 1174, with reference to deed BK 10174-1703 and further noted as Transit Easement #2 - Lot 5 on BM 203 PG 905 and acceptthe bid of $398 from Strickland Corners Retail Investors, LLC, for conveyance of thisproperty entry subject to upset bid process.

    3. Real Estate Report4. Items Pending

    Item #07-60 - Tarboro Road Area - Public Safety Concerns (11/3/09)Item #09-03 - Road Races - Hillsborough Street (4/6/10)Item #09-04 - Urban Park - Vacant Lot in 500 Block of Hillsborough Street (4/6/10)Trains - Quiet Zones DowntownItem #09-05 - Nutrient Reduction Fee Increase (4/20/10)Item #09-06 - Transit R-Line/Crabtree Valley Connector (4/20/10)

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/19PlanningReportChamberofCommerce.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/19PlanningReportChamberofCommerce.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/19PlanningReportChamberofCommerce.pdf
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    M. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

    1. No report.2. Items Pending

    Item #07-60 - Hillsborough Street Streetscape and Parking Plan - Update (8/4/09)Item #09-02 - TC-11-09 - Soil and Sedimentation Control (2/2/10)Item #09-05 - TC-7-09 - Front Yard Parking for Single Family Detached Dwellings

    (2/16/10)

    N. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

    1. Claim - Sewer Backup - 5309 North Hills DriveThe Committee recommends that this item be removed from the agenda with no actiontaken as the item will be handled administratively.

    2. Pine Straw as Ground Cover - Restricted UsesThe Committee recommends adopting an ordinance to prohibit the use of pine straw asground cover within 10 feet of combustible dwellings in multi-family developments to beeffective one year from the date of adoption. The Fire and Inspections Departments willcommence inspections and education programs and submit a progress report ofcompliance within 6 months. If it is found there is a lack of progress on the part of theaffected property owners, the effective date of the ordinance will be amended to becomeeffective immediately. A copy of the proposed ordinance is in the agenda packet.

    3. Amplified Entertainment OrdinanceThe Committee recommends that this item be removed from the agenda with no actiontaken.

    4. Items PendingItem #09-02 - Sanderson Drive and Wake Drive - Traffic Concerns (12/1/09)Item #09-04 - Pawnshops-Location (2/2/10)

    O. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. Water AR 1339 and Sewer AR 1340 - Green Valley/Garden Acres Annexation Area

    The Committee recommends the Council adopt resolutions confirming Water AR 1339and Sewer AR 1340.

    2. Items PendingItem #07-68 - Stormwater and Public Utilities Systems - Possible Merger (10/20/09)Item #07-69 - Hillsborough Street - Bicycle Accommodations (11/3/09); (3/16/10)

    Item #09-02 - Sewer AR 1312 - Planna Terra Annexation Area (12/1/09)Item #09-04 - Traffic Concerns - Faircloth Street and Oberlin Road (1/5/10)Item #09-07 - Stormwater Drainage - Method Road (2/2/10)Item #09-11 - Crosswalks - Durant Road; Perry Creek Road, Falls of Neuse Road

    (4/6/10)Item #09-12 - Four-Way Stop - Plaza Place (4/6/10)Item #09-13 - Sidewalk Installation West Side of Merwin Road (4/6/10)Item #09-14 - Pogue Street Sidewalk - Vanderbilt Street to Hillsborough Street (4/20/10)

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/20CLERKLPS.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/20CLERKLPS.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/21CLERKPWC.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/21CLERKPWC.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/20CLERKLPS.pdf
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    P. REPORT OF MAYOR AND COUNCIL MEMBERSQ. 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.

    Civil Service Commission - One Vacancy - Business Representative

    No nominees.

    Substance Abuse Advisory Commission - Two Vacancies

    No nominees.

    R. NOMINATIONSAppearance Commission - One Vacancy

    A letter of resignation has been received from Laurent de Comarmond; therefore there is onevacancy for consideration.

    S. REPORT AND RECOMMENDATION OF THE CITY ATTORNEYT. REPORT AND RECOMMENDATION OF THE CITY CLERK

    1. Minutes of the April 20, 2010, Council meeting, zoning hearing and April 23, 2010,retreat will be presented.

    2. The following preliminary assessment roll(s) will be presented. Adoption, which wouldset a public hearing to consider confirmation of cost on Tuesday, June 1, 2010, isrecommended.

    Sidewalk Repair AR 401 - Sidewalk Repairs at Various Locations

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/22CLERKZoningMinutes.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/22CLERKZoningMinutes.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/22CLERKZoningMinutes.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/22CLERKZoningMinutes.pdf
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    EVENING AGENDA - 7:00 P.M.

    A. REQUESTS AND PETITIONS OF CITIZENS

    1. Milton O. Battle would like to discuss a bill he received relative nuisance abatement at3311 Tryon Road.

    2.

    Alec C. Craven, Sr. would like to request a 90-day extension for completion ofrequirements to bring 1512 Oakwood Avenue to meet livable/habitable conditions.

    3. Lemile Vince Chandler, St. Augustines College, would like to request permission forthe college to have temporary banners placed on the light poles on Oakwood Avenue infront of the campus in connection with the colleges commencement ceremony.

    4. Sun Butler, Interfaith Food Shuttle, would like for the City to establish a comprehensivepolicy on community gardening.

    B. MATTERS SCHEDULED FOR PUBLIC HEARING

    1. A hearing to consider the petitioned annexation of the following properties.LOCATION ELECTORAL DISTRICT

    Raleigh North Christian Center B3620 Tryon Road/Balentine Property D

    2. A hearing to consider adoption of a resolution confirming the following preliminaryassessment rolls:

    Paving AR926 - Wilmington Street according to charges outlined in Resolution 2010-131adopted on April 6, 2010.

    Sidewalk AR400 - Wilmington Street according to charges outlined in Resolution 2010-132 adopted on April 6, 2010.

    Sewer AR1342 - West Winds Pump Station Elimination according to charges outlined inResolution 2010-129 adopted on April 6, 2010.

    Sewer AR1342A - West Winds Pump Station Elimination according to charges outlinedin Resolution 2010-130 adopted on April 6, 2010.

    3. STC-01-10 - Southall Road - A hearing to consider the permanent closing of a portion ofSouthall Road pursuant to petition, advertisement, and notification as required by law.

    C. UNIFIED DEVELOPMENT ORDINANCE CONFIRMATION OF DIRECTION

    Code Studio, consultants for the drafting of the Unified Development Ordinance, is seeking theCity Councils confirmation of direction on the Coding Approach prior to beginning the draftingprocess. The consultants have received input from the public, City Commissions and theAdvisory Group on their Diagnostic and Coding Approach Report. They are now seeking theCouncils final authority to move forward on the drafting of the Unified Development Ordinance.

    The consultants will be present at the meeting to answer any questions in moving forward to aCouncil decision on the final direction to be undertaken.

    Recommendation:

    Provide the consultants with final direction of the Coding Approach and authorize the consultantsto move forward in the drafting process.

    http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/23CLERKCitizens.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/24PlanningAnnexationPublicHearing.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/24PlanningAnnexationPublicHearing.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/23CLERKCitizens.pdf

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