City Council Meeting, May 1, 2018

Agenda Item Details

Subject — Condemnation Request – Lorimer Rd. Sidewalk Petition Project
Type — Action (Consent)
Fiscal Impact — No
Recommended Action — Adopt a Resolution of Condemnation


Melanie Leach, City Planning


This is a Street and Sidewalk Petition Project approved by City Council on 9/01/2015.  The proposed improvements will upgrade Lorimer Road to current standards with 2-lane curb and gutter section.  The street’s ultimate section will entail a 27’ wide section from back of curb to back of curb, a 5 ft. wide sidewalk on the west side with mainly 6’ setback, replacing the existing bridge over Bushy Creek with two concrete box culverts, add new driveway aprons and matching existing driveway surface material, improve area drainage by eliminating swales and collecting and conveying stormwater runoff in underground drainage system, grading, restoration and other appurtenant works.  The project is scheduled to be bid in May and the construction to start in August 2018.  Project completion is anticipated by end of 2019. Efforts have been unsuccessful to obtain needed easement from the following property owners; therefore it is recommended that a resolution of condemnation be authorized.

Property to be condemned: All easements and/or other interests in the property of the above-named project as shown on an exhibit prepared by: City of Raleigh Engineering Services Department Survey Section and entitled “Permanent and Temporary Construction Easement Acquisition Exhibits for the City of Raleigh” such easements and/or other interest identified and listed in the back up information associated with this request.


Property Owners and Site Locations:

Eugene J Alford III and Julie W. Alford 4205 Garland Dr.

Ryan Barnum 1300 Lorimer Rd.

Daniel Crompton & Alix Boulard 1400 Lorimer Rd.

Jefferson Essic & Karen Essic 1233 Lorimer Rd.

Thomas R. Isaacs & Gale J. Isaacs 1209 Lorimer Rd.

Hassan Mahini 1302 Lorimer Rd.

Donald D. Munn 1420 Lorimer Rd.

Justis Peters 1318 Lorimer Rd.

Michael E Salmon & Erin B. Salmon 1210 Lorimer Rd.

Michael Ward & Susan Ward 1303 Lorimer Rd.



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Resident Concerns

Sharon Moll Mixon created a poll, September 12, 2015:

Resident Concerns.png


Don Munn Thank you for asking. I actually started a document in the files area, but I’ll gladly transfer my info to the question provided… Perhaps we should not leave it to chance, I’ll add a “None” to make sure everyone gets counted if possible….

Like · September 12, 2015 at 12:29am · Edited

Erin Salmon Thank you, Sharon for doing this.

Like · September 12, 2015 at 1:01am

Erin Salmon In my list of bullet points, I also had: 1)increase in crime with increased foot traffic; 2)pedestrian AND cyclist safety; 3) pros/cons of minor residential road vs. residential road designation, 4) bus stop location

Like · September 12, 2015 at 1:21am

Sam Bellezza I am not sure that sidewalks will bring in increase in foot traffic or crime.

Like · 1 · September 12, 2015 at 7:47am

Erin Salmon I don’t know either. I have been in touch with two of our local police officers, Officer Hathaway and Officer Clarke, to find out more about the level of crime in our neighborhood in order to have some assessments.

Like · September 12, 2015 at 1:38pm

Jeff White – Facebook Post

– Jeff White (9/12/15, Facebook) – This comment is in response to the discussion of how the new cross section will fit within current right-of-way (ROW). While it may in fact fit, there will be slope issues that will not. In order to accommodate this section the footprint is made wider. Lorimer Road has homes that sit above the road as well as homes that sit below the road. These situations create significant cut (removal of dirt)and fill (addition of structural dirt) in order to broaden the footprint. On a smaller scale but the same situation please pay attention to the yard and driveway challenges along Kaplan. The majority of the yards are now steeper, this can present maintenance issues that were previously not present. Most of the drives are above the new sidewalk grade (which Is set relative to the curb and gutter not the drive) and have to be chased up the hill to catch grade. The white lines and painted arrows on these folks drives is where the City anticipates having to remove and replace drives in order to have that particular drive cross the sidewalk at an acceptable grade. This results in a steeper than original drive. These slope conditions occur outside the ROW and Lorimer improvements will present the same challenges only more amplified. If your home is fairly level to the road then grade tie ins will not be an issue. If your home is above, below or close to the ROW, there will be slope easements needed in order to accommodate the footprint. I felt this was important to bring up as while it may fit there will be work outside the ROW in order to make it work.


– Don Munn (9/12/15, 1:01 pm, Facebook) – Yes, I did leave off the exit angles on my drawing, but the grade will be set at a 2:1 slope till it meets the existing grade, this [is] a substantial incline in some cases… I [posed] this issue at the April meeting and was promised some examples; none were forthcoming.

Don Munn – Facebook Posts

– Don Munn (September 11, 2015, Facebook) – First, I would like to thank the originators of this for creating this space for all of us to work together to build a better community for us all to live in. I’m a newb here on the group, but have been in the hood since 1988, and on this road since 2008.

I’ve attempted to “catch up” on what has been expressed here, and find some thoughts that echo my own concerns, as well as posts that underscore why this project was undertaken to start with. It is my considered belief that implementing the project as passed recently is not in the best interest of the community, but that is not to say we should abandon the idea. From here,I will speak in bullet point to keep it from dribbling on for ever, and maybe we can address the bullets one at a time. (and I apologize in advance for the length of it all….)

0 – Anyone who thinks this is a minor upgrade or a little change to the street has not gone outside with a tape measure and paced it out. This will be a drastic change to our little corner of the world, and will categorically change the feel of the street and the neighborhood, not to mention property attributes, some much more than others.. To some that is a good thing, to others it is not, but at the end of the day we have to realize that we all have to live with the result of the changes. For reference, I stuck a pole in my yard where the sidewalk edge will be, I’ll try to remember to stick a sign on it so folks will know what it is…

1 – From the April meeting, the plan seemed to be, sign it now, and take your chances you will get what you want in the end. That was the only promise the officials would give, so I didn’t sign.

2- Some people did not have a clear understanding and signed it anyway, and now wish they didn’t. I don’t have numbers, but I have spoken to more than one and I suspect there are a good number of them out there.

3 – While this process is based on majority rule, just as other things in our country, that also entails minority consent, just because the majority got what they wanted, they should not ignore the minority concerns. From the comments expressed, it would appear that there are a small number of people who are highly motivated and in favor of this plan, and that most of the largest proponents do not even live on the street. If they can take that motivation and work to minimize the significant impact to those that do live on the street, then this can all work out. If the process goes the way we were told it would, during the design phase there is “give and take” on the actual project as it gets completed… it would be good if we presented a united front on what the community wanted placed here.

4 – There is a short window for middle ground, the outcome is unknown, but if it comes to harsh actions, this will likely reset back to the beginning. If the majority REALLY wants this, then it would be good to go gather the minority concerns, ALL of them, and address them in a meaningful manner, not just minimize them and pretend they don’t exist.

5 – I am not personally opposed to curbs and a sidewalk on this street, but I am very disappointed in the process as we have lived it here these last few months and do not support the current design as it stands. I suspect I am not alone…..

6 – I would really like to see us all step-up up a notch and work together to come up with answers, not just sling words and emotions around. I know that some feel very put out by the way things transpired, but lets try to put this aside and work a solution. These are our homes and we LIVE here…..

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Minority Concerns, By Don Munn, Friday, September 11, 2015 at 11:53pm
-Watershead issues.  Additional impervious surface will exacerbate existing issues on Bushy Creek
-Encroachment issues.  Full width set back and sidewalk takes the perimieter a full 14.5′ from the existing road edge on the West side of Lorimer.  Main concern is this will have sidewalks in close proximity to some residences
-Driveway/elevation issues.  The full width setback of 14.5 feet will create some very alkward driveway and yard alterations.
-Loss of Trees.  Aesthetic charator of neighborhood.
-Additional width of road may lead to higher speeds on roadway, esp with Western -Blvd/Kent inersection being possible only connection to I-440.  (Lorimer will be road of choice for anyone West of Kent…)
-Undo cost burden on some property owners.  (Would the Church have signed if they had to pay?
-??? List more here….


Sharon Moll Mixon 7. Concern that peoples are making assumptions and upsetting their neighbors.
Like · September 13, 2015 at 4:32am · Edited

Don Munn Lets try to stick with the concerns… if there are facts that are wrong, lets correct them.
Like · September 12, 2015 at 12:38am

Sharon Moll Mixon If I can trust that you will not slap me with a lawsuit for stating something incorrectly….
Like · September 12, 2015 at 1:18am · Edited

Sharon Moll Mixon 1. The road is going to stay the same 22ft then they are adding 2.5ft curb and gutter on each side. please read Curries post —I would like to bring a little real-world clarity to an issue— from Sept 9th
Like · September 13, 2015 at 4:34am · Edited

Don Munn The drawing posted is straight from the petition. I am in the process of making the “modified” 5′ sidewalk version.
Like · September 12, 2015 at 1:05am

Sharon Moll Mixon Don did you watch the video from September 1st council meeting? Jimmy Upchurch said a 3.5 foot setback would not be a problem. But no one proposed that at the meeting. The talking point was not about the size of the footprint. Instead it was about leaving the 1200 block off petition. The petitioner and the 28 homes that made this happen, had no idea 7 households were being represented by a lawyer to oppose the petition.
Like · September 13, 2015 at 4:25am

Sharon Moll Mixon there will be a 5ft sidewalk but it will have grass (or something) on both sides of it
Like · September 12, 2015 at 1:06am

Don Munn Yes, as the drawing shows… 6′ between the curb and the sidewalk
Like · September 12, 2015 at 1:07am

Sharon Moll Mixon 2.encroachment=intrusion on a person’s territory. The city has 60ft easement they will only be using 50ft. So they will not be on your property. I don’t think anyone really knows the width of the set back at this point.
Like · September 12, 2015 at 1:16am

Don Munn On the west side they are using all but 3′ per the current design. (was 2′ but the reduction of the sidewalk made it 3..) And yes, I understand that the city has the right to use their right of way, but when most of these houses were built, that ROW was not in effect. so houses were built closer to the property lines than would be allowed today.
Like · September 12, 2015 at 1:22am · Edited

Sharon Moll Mixon ? have you noticed the placement of the last home built in this neighborhood. I would guess it is the closest to the property line.
Like · September 13, 2015 at 4:30am

Sharon Moll Mixon 3. Have you seen the sidewalk project on Kaplen? they are doing a great good on driveways/elevation issues in my opinion.
Like · September 12, 2015 at 1:22am

Sharon Moll Mixon 6. The church does have to pay for the area that does not have curb and gutter already.
Like · September 12, 2015 at 1:33am

Erin Salmon All of the measurements I have done on our road equal 20′. I could be wrong, but I have measured many times in many places. The city has us listed on the project report as 22′. Not sure why. They list Garland as 20′.
Like · September 12, 2015 at 1:48am

Erin Salmon Perhaps we need this corrected in the city records –

Screen Shot 2016-02-22 at 8.43.26 PM.png

Don Munn – Email Inquiry (Donetta Powell)

From: Don Munn
Sent: Monday, March 30, 2015
To: Donetta Powell
Subject: Fw: [aventchat] Fwd: IMPORTANT-April 1st Meeting-Lorimer Rd. Street Improvement Petition

I would like to know more information about this proposed improvement.  This is the first I have heard of it.  I have concerns how this will work on my lot (1420 Lorimer) as there is a 5′ – 7′ elevation change in the space we are looking at expanding the road/sidewalk into.  I am also concerned that the expenses of this rather grand, all-at-once improvement may be a bit steep.

Any and all information you can forward to me on this project would be much appreciated.


From: Donetta Powell
Sent: March 31, 2015

Mr. Munn,

We appreciate your interest in the Lorimer Road street improvement petition. The petition for the street improvements must meet a minimal approval from deeded property owners within the project parameter representing a majority in number of property owners and representing at least a majority of all lineal feet of frontage abutting the street.  We plan to stay within the existing 60’ right-of-way and based upon preliminary review staff is recommending we construct the 27’ back-to-back street   with a 6’ wide sidewalk on a 6’ setback on the west side of the street.  At the present time we do not foresee needing to obtain any additional right-of-way for construction of the project. It appears that the proposed sidewalk will be on your side of the street. Until the petition expires and is returned as a successful petition we would not have a potential design or construction schedule. There is a lengthy process for this petition to go through before we would be able to address scheduling. At this point the petition will remain open until May 18, 2015. If it is not returned to us as a successful petition it will expire with no further action. If it is returned as a successful petition we will review the petition to confirm is validity and prepare a request for a public hearing. Upon City Council authorizing a public hearing a thirty day notification of that meeting is mailed out. The project will be presented to City Council at the public hearing for their approval. If the project is approved we would then need to determine if and when funding for the project would be available before beginning the design phase of the project. Between advertising for design consultants and allowing time for the design of the project could possibly take a minimum of 12 to 24 months therefore it would be some time out before any actual work would begin.

As you are aware, there will be an informal meeting at the Western Blvd. Presbyterian Church on Wednesday, April 1 if you would like to come and speak with us about the project. I believe the meeting is scheduled to begin around 6:30 pm.   Feel free to let me know if you need any additional information. Thanks!