Below is the agenda for the Council meeting tonight, in the Council
Chamber at 7pm, as well as more on the SDS event last week. There are
two rezoning items, one on Garrett Rd., and the other is related to
one on Lumley and Page roads that was supposed to be on the agenda at
the last meeting. A reconnection fine of $400 dollars might be added
to water conservation rules. The Northeast Creek Development, which
must be in the headwaters near Bethseda, wants voluntary annexation.
Maybe it is common knowledge, but last week I found out that Durham's
public cable access channel is no longer broadcasting government
meetings. I was told by someone at The Peoples Channel in Orange
County that this is due to a cable deregulation bill passed by NC, and
that Durham is a harbinger of things to come under the new law.
The Mayor calls the meeting to order at 7:00 pm
Call To Order
Moment Of Silent Meditation
Pledge Of Allegiance
Roll Call
Ceremonial Items
Announcements By Council
Priority Items By The City Manager, City Attorney And City Clerk
[Consent Agenda]
1. Voluntary Annexation Petitions Received by July 31, 2007
To adopt the resolutions scheduling public hearings for Monday,
December 3, 2007 to hear citizen comments concerning voluntary
petitions for the following properties to be annexed with a
recommended effective dates as indicated below:
a) FY2007-17 Glenn View Station
b) FY2008-01 Newhope Church
c) FY2008-03 Finsbury Phase II
d) FY2008-04 Bethesda Park
e) FY2008-06 Steel Blue/JT Properties of Durham, LLC
f) FY2008-05 TW Alexander Property
g) FY2007-14 Jordan at Southpoint
All petitions above to be effective from and after December 31, 2007.
(Resource Persons: Julie Brenman and Robin Bibby – 4111) (Attachment
#1 – 62 pages) (PR# 4455)
2. Approval of City Council Minutes
To approve City Council minutes for the October 1, 2007 and October
15, 2007 City Council Meetings;
To approve minutes for the September 19, 2007 Joint Meeting of the
Durham City Council and Durham Board of County Commissioners; and
To approve City Council action taken at the September 20, 2007 and
October 4, 2007 City Council Work Sessions.
(Resource Person: D. Ann Gray – 4166) (PR# 4414)
3. Durham Open Space and Trails Commission - Appointment
To appoint Deborah C. Morgan to fill one (1) vacancy on the Durham
Open Space & Trails Commission to represent Ward 2 with the term to
expire on June 30, 2010.
Note: At the Work Session on November 8, 2007, Ms. Morgan received
seven (7) votes.
(Due to the expired term of William Morrison)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 4 pages)
(PR# 4468)
4. Durham Bicycle and Pedestrian Advisory Commission - Appointment
To reappoint John W. Warman, III to the Durham Bicycle & Pedestrian
Advisory Commission with the term to expire on August 31, 2010.
Note: At the Work Session on November 8, 2007, Mr. Warman received
seven (7) votes. (Due to the expired term of John W. Warman, III)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 3 pages)
(PR# 4469)
5. Passenger Vehicle for Hire Commission - Appointments
To appoint Danny Blackwell (representing Passenger) and Maria
Singleton (representing Law) to the Passenger Vehicle for Hire
Commission with the terms to expire on January 1, 2010.
Note: At the Work Session on November 8, 2007, Mr. Blackwell and Ms.
Singleton received seven (7) votes.
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 5 pages)
(PR# 4470)
6. Durham Cultural Master Plan Advisory Board - Appointment
To appoint Sherry L. Devries the Durham Cultural Master Plan Advisory
Board with the term to expire on June 30, 2008.
Note: At the Work Session on November 8, 2007, Ms. Devries received
seven (7) votes.
(Due to the resignation of E'Vonne Coleman)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 5 pages)
(PR# 4471)
7. Capital Program Advisory Committee - Appointment
To appoint John A. Steer to the Capital Program Advisory Committee to
represent Project Management. The term will expire on March 31, 2008.
Note: At the Work Session on November 8, 2007, Mr. Steer received
seven (7) votes.
(Due to the resignation of Susan E. Shaw)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 3 pages)
(PR# 4472)
8. Bid Report – September 2007
To receive a report and to record into the minutes bids which were
acted upon by the City Manager during the month of September 2007.
(Resource Persons: Joseph W. Clark and Lynette McRae – 4132)
(Attachment #8 - 5 pages) (PR# 4439)
9. Bids – Police Vehicles
To accept the bid from Vic Bailey Ford, in the amount of $1,440,417.00
for providing the City with 65 Police Patrol Vehicles (Item No. 1) and
3 Police Pursuit Vehicles (Item No. 2);
To authorize the City Manager to enter into a contract with Vic Bailey
Ford, in the amount of $1,440,417.00 for providing the City with 65
Police Patrol Vehicles (Item No. 1) and 3 Police Pursuit Vehicles
(Item No. 2); and
To authorize the City Manager to modify the contracts before execution
provided that modifications do not increase the dollar amount of the
contract and the modifications are consistent with the general intent
of the existing version of the contract.
(Resource Persons: Joseph W. Clark – 4132 and Paul Koch – 4101)
(Attachment #9 - 5 pages) (PR# 4441)
10. Piggyback Purchase - Three (3) Tandem Axle Cab and Chassis
To authorize the City Manager to enter into a contract with
International Truck and Engine Corporation, in the amount of
$210,972.00 for providing the City with three Tandem Axle Cab &
Chassis; and
To authorize the City Manager to modify the contract before execution
provided that modifications do not increase the dollar amount of the
contract and the modifications are consistent with the general intent
of the existing version of the contract.
(Resource Persons: Joseph W. Clark – 4132 and Paul Koch – 4101)
(Attachment #10 - 6 pages) (PR# 4442)
11. Piggyback Purchase – Traffic Pavement Marking Truck Body
To authorize the City Manager to enter into a contract with M-B
Companies, Inc., in the amount of $254,129.61 for providing the City
with a Traffic Pavement Marking Truck Body; and
To authorize the City Manager to modify the contract before execution
provided that modifications do not increase the dollar amount of the
contract and the modifications are consistent with the general intent
of the existing version of the contract.
(Resource Persons: Joseph W. Clark – 4132 and Paul Koch – 4101)
(Attachment #11 - 5 pages) (PR# 4443)
12. Street Closing - Unnamed Alley Off Jackson Street Between Pauli
Murray Place and Carroll Street (SC07-06)
To adopt a resolution to set a public hearing on the proposed closing
of an unnamed alley off Jackson Street between Pauli Murray Place and
Carroll Street for December 17, 2007.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment
#12 - 6 pages) (PR# 4427)
13. Durham Board of Adjustment Annual Report
To accept the Durham Board of Adjustment Annual Report for July 1,
2006 through June 30, 2007.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment
#13 - 3 pages) (PR# 4430)
14. Street Closing – Whitcomb Street – 484.46 Linear Foot Whitcomb
Street Right-of-Way (SC07-01)
To adopt an Order permanently closing the 484.46 linear foot Whitcomb
Street right-of-way, east of Underwood Avenue and west of Chapel Hill
Road, conditioned on the recombination of lots and the dedication of
easements for such property deemed sufficient by the City.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment
#14 - 7 pages) (PR# 4438)
15. Setting Public Hearing to Consider Ordering Petitioned Improvement
To accept a Certificate of Sufficiency from the Manager of Engineering
and Stormwater for the following petition; and
To adopt a resolution setting a public hearing for December 3, 2007,
to consider ordering the following improvement:
Sewer Main and Sewer Outfall on Umstead Road from the West Property
Line of PIN 0804-02-96-1256 to the East Property Line of PIN
0814-01-06-4576
(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326)
(Attachment #15 - 2 pages) (PR# 4434)
16. Sewer Extension Agreement with Bryant B. Roberts, Individual
To authorize the City Manager to enter into a sewer extension
agreement with Bryant B. Roberts, individual, to serve Freeman Road.
(Resource Persons: Robert N. Joyner and R. Lee Murphy – 4326)
(Attachment #16 - 10 pages) (PR# 4435)
17. Agreement for Construction of Utility Improvements and for
Reimbursement – Toll Brothers, Inc.
To authorize the City Manager to enter into a contract for
construction of utility improvements and for reimbursement with Toll
Brothers, Inc.
(Resource Person: R. Lee Murphy – 4326) (Attachment #17 - 4 pages) (PR# 4450)
21. Water Extension Agreement with Davis-Rodwell TMC, LLC
To authorize the City Manager to enter into a water extension
agreement with Davis Rodwell TMC, LLC to serve Davis Park West.
(Resource Persons: Robert N. Joyner and R. Lee Murphy – 4326)
(Attachment #21 - 10 pages) (PR# 4463)
22. 2007-2008 Contract for Economic Development Services with Downtown
Durham, Inc.
To authorize the City Manager to execute the Contract for Economic
Development Services within the Downtown Durham District between the
City of Durham and Downtown Durham, Inc. in an amount not to exceed
$148,048.00; and
To authorize the City Manager to modify the contract provided that the
modifications do not increase the dollar amount and the modifications
are consistent with the general intent of the contract.
(Resource Person: Alan DeLisle – 4965 ext. 224) (Attachment #22 - 15
pages) (PR# 4466)
24. This item can be found on the General Business Agenda.
25. Proposed Acquisition of Property - Parcel ID #159783 – To
Construct a New Fire Station #9
To authorize the acquisition in fee simple absolute of unimproved land
from Ruth Rand Waldrop and Allister M. Waldrop, identified at Parcel
#159783 (4.2± acres) for a total purchase price of $214,200.00.
(Resource Person: Judy Simuel – 4197 ext. 244) (Attachment #25 - 4
pages) (PR# 4447)
28. Approval of the Grant Award for Project T.E.A.M. – A Teen
After-School Program to be Offered at the Community Family Life Center
at Lyon Park
To authorize the City Manager to accept the Durham County Juvenile
Crime Prevention Council Grant by executing the grant documents; and
To adopt the Durham County Juvenile Crime Prevention Council Grant
Project Ordinance in the amount of $15,000.00 for Project T.E.A.M.
(Resource Person: Annette Smith – 4355) (Attachment #28 - 4 pages) (PR# 4452)
31 – 36. These items can be found on the General Business Agenda –
Public Hearings.
42. 2008 City Council Schedule
To adopt the 2008 City Council Schedule;
To adopt an Ordinance Cancelling the Regular City Council Work Session
and Regular City Council Meeting July 10, 2008 and July 21, 2008.
(Resource Person: Reginald J. Johnson – 4222) (Attachment #42 – 3
pages) (PR# 4484)
43. 2007 GO Bond Referendum Resolution Certifying and Declaring the Results
To adopt the Resolution Certifying and Declaring the Results of the
Special Bond Referendum on the Bond Order Authorizing the Issuance of
$20,000,000.00 General Obligation Street and Sidewalk Bonds Held for
the City of Durham, North Carolina on November 6, 2007.
(Resource Person: Kenneth C. Pennoyer – 4455) (Attachment #43 – 7
pages) (PR# 4528)
44. This item can be found on the General Business Agenda.
46. Ordinance Amending City Code Article VI Water Conservation
To adopt an Ordinance Amending Article VI, Water Conservation, Sec.
23-166 and 23-167, to Clarify Provisions Regarding Termination of
Water Service, Establish Charges for Reconnection, and Make Other
Minor Technical Changes.
(Resource Person: Vickie Westbrook – 4381) (Attachment #46 – 4 pages)
(PR# 4504)
[General Business Agenda]
24. Proposed Acquisition of Property at 301 Archdale Drive (Parcel ID
#134658) from Friendly Rest Home, Inc.
To approve the fee simple absolute acquisition of land and
improvements from Friendly Rest Home, Inc. (Parcel ID #134658) for
$725,000.00; and
If a Phase I Environmental Assessment reveals that any environmental
remediation is necessary, authorize the City Manager to enter into an
escrow agreement and to make changes to the agreement provided such
changes are consistent with the substance of the sample escrow
agreement.
(Resource Person: Judy Simuel – 4197 ext. 244) (Attachment #24 - 8
pages) (PR# 4446)
44. Police Department's Third Quarter Crime Report
To receive the Police Department's Third Quarter Crime Report.
(Resource Person: Jose Lopez – 4322) (Attachment #44 – 25 pages) (PR# 4521)
[General Business Agenda – Public Hearings]
Assessments and Improvements
31. Mini Assessment Roll for Sewer Main on Mayo Street from Tax Map
603-2-1 to the South Property Line of Tax Map 603-2-2
To reconsider the assessment against the property of Ila Scott T. Atwater; and
To find that the property, identified as 818 Mayo Street, PIN
0842-17-11-8455, has benefited from the sewer main improvement and to
confirm the assessment in the original amount of $2,820.00. (Resource
Persons: R. Lee Murphy and Nathan L. McHenry – 4326) (Attachment #31 -
1 page) (PR# 4344)
32. Mini Assessment Roll for Sewer Main on Easley Street from Oberlin
Drive to the East Property Line of PIN 0803-04-53-3802
a. Property of Donna C. Jenkins
To find that the property of Donna C. Jenkins, identified as 2701
Sparger Road (Easley Street side), PIN 0803-04-54-3140, has benefited
from the sewer main improvement and to confirm the assessment in the
original amount of $1,917.60.
b. Property of Foy T. Hunt
To find that the property of Foy T. Hunt, identified as 4709 Easley
Street, PIN 0803-04-53-3802, has not benefited from the sewer main
improvement at this time and to relieve the assessment in the amount
of $1,410.00 with the provision that a future frontage charge will be
due and payable at the prevailing rate should the property connect to
City sewer (in accordance with City Policy).
(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326)
(Attachment #32 - 1 page) (PR# 4433)
33. Ordering Petitioned Improvement
To receive public comments; and
To adopt a resolution ordering Sidewalk on Monmouth Avenue (South
Side) from N. Buchanan Boulevard to Watts Street.
(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326)
(Attachment #33 - 2 pages) (PR# 4448)
34. Ordering Improvement Under Enabling Act Authority
To receive public comments; and
To adopt a resolution ordering Curb, Gutter and Paving and Water and
Sewer Laterals on Harvard Avenue from S. Benjamine Street to Miami
Boulevard.
(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326)
(Attachment #34 - 2 pages) (PR# 4449)
35. Voluntary Annexation Petition Received by January 1, 2007
To receive citizens' comments concerning the annexation of the
following Voluntary Annexation Area:
a) FY2007-11 Northeast Creek Development
To adopt "An Ordinance Annexing to the City of Durham" the Voluntary
Annexation Area in accordance with N.C. General Statutes 160A-31; and
To authorize the City Manager to pay debt service with the Bethesda VFD.
Effective from and after December 31, 2007.
(Resource Persons: Julie Brenman and Robin Bibby – 4111) (Attachment
#35 - 8 pages) (PR# 4417)
36. Zoning Map Change – Alexan Garrett Farms (Z06-64)
To conduct a public hearing and receive public comments on the zoning
map change for Alexan Garrett Farms (Z06-64);
To adopt an ordinance amending the Unified Development Ordinance, the
same being Chapter 24 of the Durham City Code, by taking the described
property in zoning map change case Z06-64 out of RS-20 and placing
same in and establishing same as PDR 9.280; and
To adopt as support for its action on the proposed zoning map change
the determinations that the action is consistent with the
Comprehensive Plan and is reasonable and in the public interest in
light of information presented in the public hearing and in the
accompanying agenda materials; or
Alternatively, in the event that a motion to approve the item fails,
the Council adopts as support for its action on the proposed zoning
map change the determination that, notwithstanding its consistency
with the Comprehensive Plan, the request is neither reasonable nor in
the public interest in light of information presented in the public
hearing and in the accompanying agenda materials.
Staff Recommendation: Approval, based on consistency with the
Comprehensive Plan, and considering the information contained in this
report.
Planning Commission Recommendation and Vote: Approval, 13-0 on August
14, 2007. The Planning Commission finds that the ordinance request is
consistent with the adopted Comprehensive Plan. The Commission
believes the request is reasonable and in the public interest and
recommends approval based on the information in the staff report,
comments received during the public hearing and additional committed
elements proffered by the applicant at the meeting.
[The site is located on the west side of Garrett Road, north of
Durham-Chapel Hill Boulevard and south of Landsbury Drive. PINs:
0800-02-55-7934, -65-5657, -65-7930, -66-8190, -66-8228]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment
#36 - 33 pages) (PR# 4444)
[Supplimental Agenda]
47. The Worship Center Initial (Z07-06A)
To conduct a public hearing and receive public comments on the initial
zoning map change for The Worship Center Initial (Z07-06A);
To adopt an Ordinance Amending the Unified Development Ordinance, the
same being Chapter 24 of the Durham City Code, to establish
Residential Rural (RR) and Residential Suburban Multifamily (RS-M(D))
zoning for the property described in the attached staff report; and
To adopt as support for its action on the proposed zoning map change
the determinations that, while the action is not consistent with the
Comprehensive Plan, it is reasonable and in the public interest given
that this reflects the zoning of the property in the County and in
light of information presented in the public hearing and in the
accompanying agenda materials.
Staff Recommendation: Approval, based on annexation by the Council and
the information contained in this report.
Planning Commission Recommendation: Approval, per the resolution
adopted by the Commission on December 13, 2005 and attached to the
staff report.
[The site is located at the intersection of Lumley Road and Page Road,
south side of Lumley Road, west side of Page Road. PIN
0759-04-51-0649]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment
#47 – 9 pages) (PR# 4406)
[Adjournment]
More on the SDS counter-recruitment demonstration:
It must have ended quickly before I got there. NC Now on PBS reported
that evening that there were "dozens" of protesters, and a firsthand
email I saw said that the SDS and GOE groups directly confronted each
other and SDS went through the counter-protest, with police escort.
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