city council agenda oct 20

8/14/2019 City Council Agenda Oct 20

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Charles C. Meeker, Mayor

James P. West, Mayor Pro Tem

Mary-Ann Baldwin

Thomas G. Crowder

Philip R. Isley

Rodger Koopman

Nancy McFarlane

Russ Stephenson

1:00 P.M. AND 6:30 P.M., TUESDAY

OCTOBER 20, 2009

THE COUNCIL CHAMBER

PLEASE TURN OFF ANY WIRELESS EQUIPMENT WHILE IN THE COUNCIL CHAMBER

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


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City Council Agenda October 20, 2009

NOTICE TO HEARING IMPAIRED:

Audio enhancements have been installed in the Council Chamber. Assistive listening devices are

available upon request. Interpreters for Deaf and Hearing Impaired are available. If needed, pleaseprovide a 24-hour notice by calling 996-3100 (voice) or 996-3107 (TDD).

A.

MEETING CALLED TO ORDER BY THE MAYOR1. Invocation - Reverend Doctor Etta Brown, True Gospel Pentecostal Church of Christ2. 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. Edwards Mill Greenway Connector - Municipal AgreementThe North Carolina Department of Transportation (NCDOT) is constructing amultipurpose trail along Edwards Mill Road from Reedy Creek Road to Tryon Road(approximately 1.3 miles). This path is designated as a connector in the Capital AreaGreenway Master Plan. NCDOT will also construct 490 feet of sidewalks along TryonRoad and RBC Center Road with safety fencing. The cost of these sidewalks and fencingare to be funded by the City. Funding is available in the Sidewalk Improvement Fund.Upon completion of the project the City will assume maintenance of the multipurposepath (Edwards Mill Road Connector).

Recommendation:

Authorize the City Manager to execute the Municipal Agreement EB-4978 with theNorth Carolina Department of Transportation for the construction and maintenance of

Edwards Mill Road Multipurpose Path (Greenway Connector).2. Falls Lake Dam Proposed Hydroelectric Energy Power Plant Project Preliminary

Permit Application

City staff has developed a plan to move forward to submit an application to the FederalEnergy Regulatory Commission (FERC) for the City to pursue a hydroelectric energypower plant project preliminary permit for Falls Lake Dam. If a preliminary FERCpermit is to be issued to study and evaluate development a hydroelectric energyproduction project at Falls Lake Dam, it should be a City of Raleigh project. November2, 2009, is the deadline to submit such a permit application on behalf of the City. IfFERC issues the City a preliminary permit, the City will have up to three years tocomplete the necessary follow-up work to move such a project forward to final FERC

approval. The City would determine the hydroelectric energy power plant operatingschedule/regime and would do so only within the current U.S. Army Corps of EngineersOperational Plan for water releases from Falls Lake Dam, so that there would be noadverse effect on water quality in the Lake or downstream from the dam in the NeuseRiver, nor would the water supply pool capacity be adversely affected.

Recommendation:

Authorize the submittal of a preliminary permit application to FERC for the subjectproject and authorize the City Manager to execute the application on behalf of the City.

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3. Housing Assistance - City EmployeesAccording to Section 33(b) of the Charter of the City of Raleigh (being Chapter 1184 ofthe 1949 Session Laws, amended by S.L. 1991-312, S.L. 1993-649 and S.L. 1995-323,Section 1b) reads as written . Nor shall any such official or employee be prohibitedfrom participating in any rental or home ownership program sponsored or operated by the

city, so long as the official or employee meets all the criteria for the program Theaward of any such housing assistance to an employee shall be noted in the minutes of theCity Council. The following City employees complied with all the criteria whichqualified them to purchase property with the assistance of the Second Mortgage Programadministered by the Community Development Department: Zachary Cheek and DerickWorthington.

Recommendation:

That the City Council so note that in compliance with the Charter of the City of Raleigh,City employees Cheek and Worthington did purchase property by meeting the criteriaand participating in a City Second Mortgage Program.

4. Inspection of Bridges on the Municipal Street System - Municipal AgreementSince 1978, Council has approved municipal agreements with the North CarolinaDepartment of Transportation (NCDOT) for inspection of all City street system bridges.The Federal Surface Transportation Assistance Act requires all structures defined asbridges which are located on public roads to be inspected on a cycle not to exceed twoyears, to determine compliance with National Bridge Inspection Standards. Funding isavailable in account 100-2250-710090-232. A copy of the agreement is in the agendapacket.

Recommendation:

Approve the City Managers execution of the municipal agreement.

5. Request for Waiver of Competitive BiddingThe City wishes to purchase air monitoring system equipment from Rae Systems for$113,252. As per the General Statutes 143-129 (e)(6) the City Council may waivecompetitive bidding when a need for standardization and compatibility is an overridingconsideration. The North Carolina Regional Response Teams Coordinators as part of theselection process evaluated several systems based on product performance and alsopricing. The pricing that was submitted as part of the bid process was deemed fair andcomparable to the other manufacturers of the same type of equipment. Through thisprocess the North Carolina Regional Response Team selected the Rae Systemsmonitoring equipment as the statewide standard. The Raleigh Fire Department is part ofRegion 4 of the North Carolina Regional Response System; therefore making itimperative to use this manufacturers equipment for standardization and compatibilitywith the other six regional teams.

Recommendation:

Waive competitive bidding requirements and declare the Rae Systems monitoring systema Sole Source.

6. Resolution Authorizing the Donation of Items of Surplus PropertyThe Purchasing Manager has a Resolution Authorizing the donation of Surplus Propertythat is no longer of use to the City and can be utilized by another agency. G.S. 160A-280gives authority to local governments to donate to another governmental unit within the

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United States, a sister city, or a nonprofit organization. A public notice has been made ofat least five days prior to the adoption of a resolution approving the donation.

The donation is for one 1981 International Bus no longer needed by the Raleigh FireDepartment. Fire Chief John McGrath recommends the bus to be donated to the DragonSlayers Motorcycle Club, a non-profit organization comprised of firefighters who

perform numerous acts of charity within our community.Recommendation:

Adopt the resolution authorizing the Purchasing Manager to transfer the equipment.

7. Parade Routes7.1 600 Block of Holden Street

Sean ONeal, representing his neighborhood, requests a street closure on Sunday,October 25, 2009, from 2:00 p.m. until 7:00 p.m. for their annual parade andblock party.

Recommendation:

Approve subject to conditions on the report in the agenda packet.7.2 Blairmore Court Vicinity

Jeanne Dombcik, representing the Brookhaven Subdivision, requests a streetclosure on Saturday, October 31, 2009, from 4:30 p.m. until 5:30 p.m. for achildrens Halloween Parade.

Recommendation:

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

7.3 700-900 Blocks of Hillsborough Street and 100-500 Blocks of St. MarysStreet

Sarah Stryon, representing the Greater Raleigh Merchants Association, requests astreet closure on Saturday, November 21, 2009, from 7:00 a.m. until 1:00 p.m.for the 2009 Raleigh Christmas Parade. She requests a rain date of Sunday,November 22, 2009, from 12:30 p.m. until 4:30 p.m.

Recommendation:


8. Road Race - St. Marys Street VicinityJill McCabe, representing the Arthritis Foundation, requests a street closure on Saturday,December 5, 2009, from 8:30 a.m. until 12:00 p.m. for the Jingle Bell Run.

Recommendation:


9. Temporary Street Closings9.1 2000 Block of Hawkins Street

Michael Fields, representing Poplar Springs Christian Church, requests a streetclosure on Saturday, October 24, 2009, from 12:00 p.m. until 5:00 p.m. for acommunity outreach event.

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Recommendation:


9.2 3800 Block of Glen Rock CircleJennifer Spryng, representing her neighborhood, requests a street closure on

Saturday, October 31, 2009, from 3:00 p.m. until 6:00 p.m. for a neighborhoodHalloween celebration.

Recommendation:


10. Grants10.1 HOPE VI Revitalization Grant - Agreement between the Raleigh Housing

Authority (RHA) and the City of Raleigh

The purpose of the proposed agreement between the Raleigh Housing Authority(RHA) and the City of Raleigh relating to the HOPE VI revitalization grant forthe Walnut Terrace community is to direct and outline the duties and

responsibilities of both parties in support of the RHAs application for the grant.The area that would be impacted by the redevelopment as it relates to theprovision of available quality affordable housing includes the Walnut Terracepublic housing community and areas within a three-mile radius of thatcommunity. The agreement includes five-year projections of CommunityDevelopment expenditures within that radius. The data contained thereindemonstrates local commitment to affordable housing activities in support of theRHA HOPE VI application to the U.S. Department of Housing and UrbanDevelopment. A copy of the agreement is in the agenda packet.

Recommendation:

Approve the agreement between the Raleigh Housing Authority and the City of

Raleigh in support of the RHAs HOPE VI grant application to HUD andauthorize the City Manager to sign the agreement, with the proviso that if theHOPE VI grant is not awarded, the agreement will be null and void.

10.2 Agreement with the Raleigh Housing Authority (RHA) in Support of aHOPE VI Grant for Walnut Terrace

The City has been a partner with RHA for decades in providing recreational andcommunity services to the residents of the Walnut Terrace public housingcommunity. RHA provides the facility and the Raleigh Parks and RecreationDepartment provides the staffing. Through this HOPE VI grant the RHA wouldexpand the Walnut Terrace Recreation Center to include a multi-purpose roomand a designated computer lab. This proposed agreement documents the

contributions from the City and RHA and will be included as additional supportfor the HOPE VI application.

Recommendation:

Approve agreement.

11. Sanitary Sewer Easement Exchange - 1924 and 1926 Alexander Road in RaleighA request has been received from Catherine Edmond, property owner of 1924 AlexanderRoad, and Seab Howard and Kimrel Warren, property owners of 1926 Alexander Road,in Raleigh, to exchange an existing 20-foot City of Raleigh sanitary sewer easement for a

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new 20-foot City of Raleigh sanitary sewer easement located at 1924 and 1926 AlexanderRoad in Raleigh to properly center the easement over the recently constructed sanitarysewer main. The construction plans for the sanitary sewer main have been permitted bythe City of Raleigh Public Utilities Department. The property owners are responsible forall costs of the easement exchange.

Recommendation:Approve the easement exchange and authorize the City Clerk to advertise.

12. Consultant Services - Installation of 193 Pay Stations for On-Street Parking Program - Duncan Solutions

City Council previously granted approval to negotiate a contract with Duncan Solutionsin August, 2009 to purchase new multi-space pay stations for the On-Street parkingprogram at a total cost of $1,600,000. A copy of the contract with the scope of services isin the agenda packet. The City Attorney has reviewed the proposed contract.

Recommendation:

Approve execution of the contract by the City Manager.

13. Contract Amendments13.1 Amended City Plaza Management Agreement

Charter Square LLC, the owner of the condominium unit located at the surface ofthe Site One Parcel, has previously executed an agreement with the City allowingthe City to use and program the portion of Charter Square property adjoining theCity Plaza in the interim until commencement of construction on the CharterSquare project. Under contract to the City, the Downtown Raleigh Alliance(DRA) will be managing this space along with the City Plaza. The managementagreement between DRA and the City has been amended to reflect this. Theamended agreement specifically allows, and sets operating standards for theproposed public outdoor ice rink to be located here by the DRA beginning this

winter.

Recommendations:

a. Approve the First Amendment to the Raleigh City Plaza ManagementAgreement as proposed.

b. Authorize the City Manager to sign the First Amendment to the Raleigh CityPlaza Management Agreement as proposed.

13.2 Contract Amendment #2 - Senior Centers - Design ServicesFunds for the new Raleigh Senior Center were included in the 2007 Park andRecreation Bond Referendum. City staff and designers have completed threepublic meetings and are approximately 60% completed with the overall

construction documentation for both Centers. Additional surveying was requiredbeyond the additional scope for both projects sites for tree conservation, utilitiesand boundaries. A design services contract amendment #2 with HH Architecturein the amount of $47,277 has been negotiated.

Recommendation:

Authorize the City Manager to execute contract amendment #2 with HHArchitecture in the amount of $47,277.

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13.3 SPCA of Wake CountyThe City of Raleigh contracts with the SPCA of Wake County for shelteringservices for animals that are picked up by Raleigh animal control officers orturned in by citizens of Raleigh. The City is reimbursed by Wake County forthese sheltering costs. A one-year contract extension between the City and the

SPCA to continue this sheltering arrangement is proposed. The terms of thecontract are the same as in past years except that the per-animal fee has increasedto $62.75 based on a formula previously adopted that is tied to the ConsumerPrice Index.

Recommendation:

Approve.

13.4 Dempsey E. Benton Water Treatment Plant Water Transmission Main -Amendment #3

The City currently has an agreement with Arcadis for the Dempsey E. BentonWater Treatment Plant Water Transmission Main. Contract Amendment #3, inthe amount of $240,740, is for additional work including design of the Garnerservice area 16-inch water transmission mains and the Martin Pond Road 24-inchtransmission main connector from the Poole Road water transmission main forthe Wendell/Zebulon service area as outlined in the Wendell and Zebulon mergeragreements, all of which are associated with the Dempsey E. Benton WaterTreatment Plant distribution system as detailed in the City of Raleigh WaterSystem Master Plan. Work also includes the water main survey, easementmapping, underground utility locating services and environmental soil sampling.

Recommendation:

Approve Amendment #3 with Arcadis and the budgetary transfer.

Transferred From:

348-5210-790010-975-CIP01-80320001 $53,000Benson Road Transmission Main, 16-Inch (A502)

348-5210-790010-975-CIP01-80350001 21,000New Rand Road Transmission Main, 16-Inch (A503)

348-6210-790010-975-CIP03-80370000 51,000Garner Road Transmission Main, 16-inch (A504)

348-5210-790010-945-CIP01-97330000 19,551Poole Road Rehab

348-5210-790010-946-CIP01-97330000 70,315Poole Road Rehab

348-5210-790010-975-CIP01-97870000 7,538Wendell Water Transmission Improvements

348-5210-790010-975-CIP01-97900000 11,678Zebulon Water Transmission Improvements

348-5210-790010-975-CIP01-99460000 6,388Martin Pond Road Connect Line, 24"

$240,470Transferred To:

348-5210-792010-975-CIP01-93670000 $131,388DEBWTP Water Transmission Main

348-5210-792010-945-CIP01-93670000 31,229

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DEBWTP Water Transmission Main348-5210-792010-946-CIP01-93670000 77,853

DEBWTP Water Transmission Main$240,470

13.5 Leesville Road Improvements - Wake County Public Schools - Amendment#1The City previously entered into an agreement with Wake County Public Schoolsfor improvements to Leesville Road south of Sycamore Creek Elementary Schoolto the I-540 interchange. The following text change is requested in Section 8 ofthe Agreement:

Change orders greater than 10% (ten percent) of the total bid cost will requireCity Council approval prior to payment by the City.

This text change does not require any additional funds to be allocated to theproject.

Recommendation:

Approve and authorize the City Manager to execute the amendment with WakeCounty Public Schools.

13.6 Off-Street Parking Contract Amendment #2 - McLaurin Parking CompanyThe three-year contract with McLaurin Parking Company expires October 31,2009. Section 6 of the contract provides for up to two one-year extensionsexercisable at the Citys option. It is recommended that this contract be extendedby one year, from November 1, 2009, through October 31, 2010. The totalamount for this first year extension will be $743,984.52 due to the additionaloperational fees to manage the 305 Hillsborough Street Lot at $593 per monthand the elimination of the Ferndell Lot that was sold. Funding is available inaccount 442-2230-708900-272.

Recommendation:

Approve the amendment.

14. Personnel Changes Finance - Revenue DivisionThe Personnel Department completed a review of several positions within the RevenueDivision of the Finance Department. This review was requested due to changes in workresponsibilities and divisional structure to support centralization of City accountsreceivable and enhanced revenue collection with the implementation of the AccountsReceivable module of the ERP system. The new divisional structure creates a formalaccounts receivable section within Revenue with a dedicated management position tooversee collections.

Funds are available in the salary account to cover the increases.

The Finance Department requests reclassification of the following positions within theRevenue Division:

Accountant Auditor I Position 5058, Pay Grade 34 to Finance Manager (working titleAccounts Receivable Manager), Pay Grade 36

Accounts Receivable Specialist Position 1491, Pay Grade 27 to Accounting Technician,Pay Grade 30

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Customer Service Specialist Positions 1490 and 1503, Pay Grade 28 to Sr. AccountsReceivable Specialists, Pay Grade 29

Accounts Receivable Specialist Position 1488, Pay Grade 27 to Sr. Accounts ReceivableSpecialist, Pay Grade 29

Recommendation:

Approve position reclassifications as requested.

15. Budget Amendments15.1 Fire

The following accounts should be increased by:

Revenue Account:

100-0000-532900-000 Miscellaneous Revenue $286

Expense Account:

100-4230-712150-450 Government Taxes and Fees $286

Purpose:

To receive and budget the sellers portion of property taxes from the Station 29land purchase.

15.2 PoliceThe following accounts should be increased by:

Revenue Accounts:

810-4010-513170-985-00000-GRT08-72710000 $32,300State Grants

810-4010-513260-985-00000-GRT08-72710000 32,300

City Match $64,600Expense Account:

810-4010-752900-985-00000-GRT08-72710000 $64,600Equipment-Other

Purpose:

To establish budget accounts for the 2009 Governors Highway Safety Programgrant award to the City of Raleigh. The grant will provide funding for thepurchase of four radar signs and two mobile license plate readers. There is a50% required cash match. City grant match is available in the controlledsubstance reserve account (100-0000-400010-40016).

16. Reimbursement Contract - Avery DevelopersThe City has worked with the developer of the Whitaker Park Subdivision, Phase 2,Project, Avery Developers, for the replacement of approximately 400 linear feet of 6-inchwater main on Yancey Street in Whitaker Park. The existing water main was 6-inch castiron. The work has been completed and accepted by the City of Raleigh. The developeris requesting $24,286.90 for reimbursement of the water main.

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Recommendation:

Concur in the agreement, authorize the City Manager to execute the agreement andapprove the reimbursement of $24,286.90 to Avery Developers.

17. Right-of-Way Items - (Condemnation Requests)17.1

2008 Sidewalk New Bern Avenue (Highway #64)Efforts have been unsuccessful to obtain needed easements; therefore, it isrecommended that a resolution of condemnation be authorized for the following:

Project Name: 2008 Sidewalk New Bern Avenue (Highway #64)Name: Wendys International, Inc.Location: 3810 New Bern Avenue

17.2 Carolina Pines Dam Replacement ProjectNegotiations have, thus far, been unsuccessful with the following property ownerfor the temporary construction easements required for the Carolina Pines DamReplacement Project. Though negotiations are still ongoing, in order to keep theproject moving forward, staff recommends that authorization be granted forcondemnation of the necessary easements needed from this property for theproject.

Project Name: Carolina Pines Dam ReplacementName: Jerry Wayne EmoryLocation: 2101 Henslowe Drive

Recommendation:

Approve a resolution of condemnation for the easements needed from the aboveproperties.

18. Change Order - Dempsey E. Benton Water Treatment Plant Water TransmissionMain, Phase 2 Project - Change Order #1 - Triangle Grading and Paving, Inc.

This change order is for a net increase of $335,004.03.

Reason:

For additional work, including the installation of the 48-inch water transmission main forthe Dempsey E. Benton Water Treatment Plant, relocation and replacement of oldexisting water mains and sewer mains in the Garner service area, additional erosioncontrol measures for construction crossings at designated streams as directed byNCDENR and increase the contract bid quantity for the unit price item for Ductile IronPipe fittings.

History:

Original contract amount $7,842,991.00New contract amount $8,177,995.03

Budgetary accounts to be amended:

Transferred From:

348-5210-790010-975-CIP01-80300001 $335,005DEBWTP Backwash Waste Recycle Facility

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Transferred To:

348-5210-792020-975-CIP01-93670000 $335,005DEBWTP Water Transmission Main

Recommendation:

Approve the change order in the amount of $335,004.03 and the budgetary transfer.

19. Transfers19.1 Development Services - Customer Service Center

A key part of the Citys land development management reorganization is thecreation of a new multi-departmental Customer Service Center, serving as thesingle gateway to development services offered across five departments. Thistransfer provides funding for the physical changes to the fourth floor of the OneExchange Plaza building necessary to create the new center and its public servicearea. A staff reorganization to support the Customer Service Center isprogressing concurrently, and other budget adjustments to serve this purpose willbe placed on upcoming agendas.

Project funding will come from economic reserve funds in the capital budget andoperating funds in the Development Services budget.

Recommendation:

Authorize the following transfer of funds:

Transferred From:

505-1410-790600-975-CIP00-81990000 $164,600City Space Needs

Transferred To:

505-1410-790010-975-CIP00-81990000 $164,600City Space Needs

19.2 Public WorksIt is recommended that the following transfer be authorized:

Transferred From:

475-2240-790010-00975-CIP05-98400000 $ 76,179.50Oak Park Culvert Replacement

475-2240-790010-00975-CIP05-98390000 73,820.50Jones/Sewell Drainage

$150,000.00Transferred To:

475-2240-792020-00975-CIP05-98400000 $150,000.00

Oak Park Culvert ReplacementPurpose:

To provide additional funding for the construction of the Oak Park CulvertReplacement Project.

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

20.1 Speed Limit Reduction - Coxindale Drive, from Litchford Road to YuccaTrail

It is recommended that the speed limit be reduced from 35 mph to 25 mph onCoxindale Drive. Coxindale Drive is classified as a collector street and isconstructed to typical collector street standards. This portion of Coxindale Drivelies within the Alyson Pond Subdivision. This request meets the requirements ofthe adopted Neighborhood Traffic Management Program. A signed petition hasbeen received by staff representing at least 75% of the residents or propertyowners along these streets in support of this speed reduction request.

Recommendation:

Approve the reduction as proposed and amend Traffic Schedule 5.A.1 (25 mph)as follows:

Add: Coxindale Drive - Litchford Road to Yucca Trail20.2 Speed Limit Reduction - Clarks Fork Drive

It is recommended that the speed limit be reduced from 35 mph to 25 mph onClarks Fork Drive. Clarks Fork Drive is classified as a residential collector streetand is constructed to typical residential collector street standards. This streettraverses the Riverside Subdivision. This request meets the requirements of theadopted Neighborhood Traffic Management Program. A signed petition hasbeen received by staff representing at least 75% of the residents or propertyowners along these streets in support of this speed reduction request.

Recommendation:

Approve the reduction as proposed and amend Traffic Schedule 5.A.1 (25 mph)as follows:

Add: Clarks Fork Drive, in its entirety

THIS IS THE END OF THE CONSENT AGENDA

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D. SPECIAL ITEMS1. Berkshire Downs Annexation

During the October 7, 2009, Council meeting, Mr. Koopman asked that the Councilconsider revisiting the Berkshire Downs annexation issue. It was directed that the itembe placed on this agenda and that the City Attorney be asked to provide information on

the effective date of the Berkshire Downs annexation and procedures/requirements forreconsideration.

E. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. Water and Sewer Rate Ordinance Amendment for FY2009-10

During the City Councils Public Utilities Capital Improvement Program budget reviewand discussions earlier this year, the City Council approved new water and sewer ratesfor Fiscal Year 2009-2010 as indicated in ordinance 2009-573 (copy attached). The waterand sewer rate changes were approved to be implemented as a two (2) step process withthe first step being effective on May 1, 2009, and the second step being effective onDecember 1, 2009. The step 1 water and sewer rate changes were implemented asapproved on May 1, 2009, and these rates continue to be applied to water and sewer usecurrently.

The second step of the approved water and sewer rate changes were intended to coincidewith the projected go-live date of December 1st for the City to launch the use of a newutility billing software system. The second step of water and sewer rate changes approvedby the City Council with an effective date of December 1st included for the first time everthe use of tiered water consumptive rates as a monetary incentive for customers to furtherconserve water. The billing cycle was also to be changed from a once every two monthsback to a monthly billing cycle for all customers and the administrative billing chargesfor water and sewer service were to be changed accordingly.

The ERP Sponsor Committee has recommend that the go-live date for the utility billingsystem be delayed from its previous scheduled date of December 1st to a date in 2010

when sufficient additional work, which includes significant additional staff training andfunctional testing on the new utility billing, has been completed in order to be assuredthat the new utility billing system will result in a positive customer experience whenimplemented. Based on a recently completed detailed review of the status of thedevelopment work on the new utility billing system, the ERP Sponsor Committeebelieves there is an unacceptable level of risk that the Citys customers would not have apositive experience unless the additional time and work is afforded.

Therefore, the implementation of the tiered water rate structure for residential customersand the return to monthly billing for all water and sewer customers must also be delayeduntil the new utility billing system is satisfactorily functional, since neither of thesepreviously approved changes can be initiated within the Citys current operational utility

billing system, as has been previously discussed.An amended version of the Citys water and sewer rate ordinance which has beendeveloped with help from the City Attorney is in the agenda packet. The amendedordinance removes the tiered water rate structure and monthly billing conversion, whichwere to be effective on December 1, 2009, and instead applies the non-residentialcustomer, uniform water consumptive rate previously approved by City Council to beeffective on December 1, 2009, to all customers in the Raleigh and Garner service areasand continues the bi-monthly billing cycle, with the proportional adjustment to theadministrative billing charges equal to the water and sewer rate change effective onDecember 1st. Note that the sewer consumptive rate change previously approved by City

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Council to be effective on December 1st remains unchanged. It is expected that thisamended rate schedule would raise the same level of revenue over the remaining sevenmonths of this fiscal year, as compared to the previously approved tiered water rateschedule.

Recommendation:

Approve the subject amended water and sewer rate ordinance, as proposed.

F. REPORT AND RECOMMENDATION OF THE FAIR HOUSING HEARING BOARDChairperson Octavia Rainey would like to present the annual report for the Fair Housing HearingBoard.

G. REQUESTS AND PETITIONS OF CITIZENS (2:00 P.M. OR AFTER)1. Lillie M. Lyons would like to discuss improving Capital Area Transit service and Capital

Area Transit in general.

2. Zachary Becker, Gluten Free Raleigh Blog and other citizens with food allergies, wouldlike to discuss a food-allergen poster.

3. Cherette Roycroft would like to request a 120-day extension in order to make repairs at3015 Skycrest Drive.4. Laszlo Almasi would like to discuss time frame for repairs and civil litigation issues

relating to 2104 Langdon Drive.

5. Winslow Stillman, 400 West North Street, Apartment 530, requests the Council to re-examine the special use permit issued to the Mosaic Wine Bar on West Jones Street.

H. MATTERS SCHEDULED FOR PUBLIC HEARING (2:00 P.M. OR AFTER)1. A hearing to consider the adoption of a resolution confirming the charges for demolition

of the Unfit Buildings as a lien against the property as listed below:

LOCATION PROPERTY OWNER TAX ID

NO.

COST OF

DEMOLITION

212 Bledsoe Avenue(C)

Johnnie L. Smith & Albert M.Smith

0065229 $6,530

612 Dorothea Drive (D) Reeds Pointe Properties, LLC 0006797 $3,997.71

2. 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:

LOCATION PROPERTY OWNER TAX ID

NO.

ABATEMENT

2210 Bedford Avenue(D)

Larry J. Broussard Jr. 0019453 $432

920 South BloodworthStreet (C)

Irma & Aljerney H. Harris 0060346 $236

1211 SouthBloodworth Street (C)

Valentin & Jean R. Martinez 0012932 $201

3925 Blue Ridge Road(E)

Crabtree Land Manager, LLC 0359583 $290

3935 Blue Ridge Road Crabtree Land Manager, LLC 0359584 $290

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(E)

4001 Blue Ridge Road(E)


8613 BoysenberryLane (B)

Jessica & Daryl L. Hazelwood 0314968 $277

732 Brighton Road (C) Metropolitan Designs, INC 0072184 $279

2815 Capital Boulevard(B)

National Financial Lending,LLC

0027543 $3,058

2309 Dandridge Drive(C)

Michelle Davis 0076685 $427

2601 Drommore Lane(B)

Sandler at Wakefield, LLC 0322567 $364

1225 Fayetteville Street(D)

William C. Robertson &Franklowyn P. Robertson

0018559 $286

8704 Green Cliff Court(B)

Peter Sandaluk & OlgaMaksimova

0228374 $305

5301 HomewoodBanks Drive (E)


5401 HomewoodBanks Drive (E)


1515 Ikes Pond Lane(C)

Gidco, Inc 0363088 $283

213 Kennedy Street (C) Daisy Lila Lee Heirs, c/o J.D.Lee, Sr.

0041298 $611

1532 Noble Creek Lane(C)

Perry E. Hansen 0274029 $286

2109 Owens Lane (C) Katherine Beckwith 0005466 $276

1304 Pender Street (C) Hattie H. & James A. Joyner 0068374 $306

3005 Quillin Court (B) Perry Builders, LLC 0345234 $226

5512 Seaspray Lane(C)

Tai P. & Tuyen T. Nguyen Tran 0292555 $297

3015 Skycrest Drive(B)

Jay Dechesere 0030425 $335

3200 Snowberry Drive(C)

Stephanie C. & Michael G.Elliott

0063524 $378

915 South State Street(C)

Laura H. Blue, Et Al, JosephineGrimes, c/o Margaret H.Herndon

0078216 $284

5609 Tanglewood PineLane (C)

Beltran Jorge & Elsa Y.G.Gismondi

0244156 $253

1013 South Jonathan W. Hayward 0031175 $257

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Wilmington Street (C)

3. A hearing to consider exchanging a sanitary sewer easement and a temporaryconstruction easement relating to the Commerce Pump Station elimination according toinformation included in Resolution 2009-994, a copy of which is in the agenda packet.

I. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. Southeast Raleigh Economic Development CorporationIt is recommended that this item be removed from the Committee agenda as the SoutheastRaleigh Economic Development Corporation is moving toward becoming a privateentity.

2. Real Estate Report3. Items Pending

Item #07-49 - Capacity Fee Structure - Incentives/Rebates (4/27/09)Item #07-56 - 5400 Tryon Road - Relocation of House (9/15/09)Trains - Quiet Zones Downtown

J. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. Traffic/Safety Concerns - West Johnson StreetThe Committee recommends the adoption of ordinances necessary to establish a taxi zoneon the north side of West North Street just west of the Glenwood Avenue intersection forthe hours of 5:00 p.m. to 3:00 a.m. The Committee further recommends that the PoliceDepartment increase enforcement of the no-parking areas adjacent to the existing taxizone on West Johnson Street.

2. Z-31-09/SSP-2-09 - Glenwood AvenueThe Committee recommends upholding the Planning Commission's recommendation forapproval of Z-31-09/SSP-2-09 as outlined in CR #11331.

3. Items PendingItem #07-10 - Tree Conservation Ordinance - Tree Survey (9/2/08)Item #07-15 - TC-1-08 - Building Lot Coverage Within O&I Districts (4/1/08)Item #07-57 - TC-3-09 - Holly Ridge Farms Built Environmental Regulations

(7/7/09)Item #07-60 - Hillsborough Street Streetscape and Parking Plan - Update (8/4/09)

K. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. No report.2. Items Pending

Item #07-14 - Signs on State Rights-of-Way - Human Relations Commission (10/7/08)Item #07-15 - Taxi Licenses - Requirements/Regulations (10/7/08) (1/6/09)Item #07-18 - Amplified Music Entertainment District (10/21/08)Item #07-22 - Tarboro Road Area - Public Safety Concerns (12/2/08)Item #07-26 - Heck Street - Resurfacing (7/21/09)Item #07-27 - Sanderson Drive and Wake Drive - No Stopping or Standing Zone (8/4/09)Item #07-28 - S.T. Wooten Concrete Plant - Concerns (8/4/09)

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L. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. Traffic Concerns - Five Points Area

The Committee recommends the item be removed from the agenda with no action takenas the issues are currently being studied by staff and the results of these studies will beincluded in a comprehensive report to the full Council upon completion.

2. Street Closing - Davie Street/Empire PropertiesThe Committee recommends the item be removed from the agenda with no action taken.

3. Residential Permit Parking - Visitor PassesThe Committee recommends the development of a pilot program for visitors passes forthe Oakwood Neighborhood to begin February 2010 with staff to study the program andbring a report and recommendation to the City Council in August 2010.

4. Items PendingItem #07-29 - Trenton Road - Bicycle/Pedestrian Path (8/5/08)Item #07-51 - No Parking Zone - Trenton Woods Way and Tree Side Court (2/3/09)

Item #07-55 - Solid Waste Services - Need Assistance Program (3/17/09)Item #07-65 - Historic Oakwood Traffic Safety Proposal (9/1/09)Item #07-67 - Raleigh Moose Family Center - Request for Water and Sewer (9/15/09)

M. REPORT OF MAYOR AND COUNCIL MEMBERSN. 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 theballot in the agenda packet. An asterisk beside a name means that person is presently serving onthat board or commission.

Fair Housing Hearing Board - One VacancyAkita Emptage (West)

Human Relations Commission - One Vacancy - Youth Member

Being held until recommendations are received from the Commission.

O. NOMINATIONSParks, Recreation and Greenway Advisory Board - Two Vacancies

The term of Kevin Brice is expiring in November. He has served since November, 2007, iseligible for reappointment, has a good attendance record and would like to be considered forreappointment.

A letter of resignation has been received from Gerald A. Wright.Stormwater Management Advisory Commission - Two Vacancies

The terms of David Blevins and Bob Mulder are expiring. Both are eligible for reappointment,have good attendance records and would like to be considered for reappointment.

Triangle Transit Authority - One Vacancy

The term of Sig Hutchinson is expiring. He is eligible for reappointment, has a good attendancerecord and would like to be considered for reappointment.

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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/34PWC_Minutes.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/35CLERK_Appointments.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/36CLERK_Nominations.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/36CLERK_Nominations.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/35CLERK_Appointments.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/34PWC_Minutes.pdf


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

1. Minutes of the October 7, 2009, Council meeting will be presented.R. CLOSED SESSION
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/37CLERK_City_Council_Minutes.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/37CLERK_City_Council_Minutes.pdf

city council agenda oct 20

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