The the City Council is meeting Monday evening. There is a working session of the County Commissioners Monday morning, but the next regular meeting is on Monday the 12th.
On the Council agenda, there are several zoning cases. The Palladian Office Park is on the edge of New Hope Creek's floodplain, probably protected as part of Jordan Lake, just north of Highway 54 and it is also close to a City or County park. I haven't looked at the area since they started clearing for the first office building. The proposed development on Page Rd. is in the Neuse River's basin and would affect Stirrup Iron Creek, which flows into Crabtree Lake. The proposed development on Goodwin Rd. is in the Eno River's basin. The proposed CVS site on Highway 98 would affect Falls Lake (in the Neuse River's basin), through Lick or Little Little creeks, Obedience to the Word is in Little Lick Creek's basin, as is the Bungalo Avenue project.
City Council Agenda
November 05, 2007
Council Chambers, First Floor
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. Inventory Audit (June 30, 2007) - September, 2007
To receive and accept the Inventory Audit (June 30, 2007) as presented and approved at the September 24, 2007 Meeting of the Audit Services Oversight Committee.(Resource Person: Kevin Neuman – 4213) (Attachment #1 - 14 pages) (PR# 4405)
2. Voluntary Annexation Petition Received by January 1, 2007
To adopt a resolution scheduling a public hearing for Monday, November 19, 2007 to hear citizen comments concerning a voluntary petition for the following property to be annexed with a recommended effective date of December 31, 2007:a) FY2007-11 Northeast Creek Development
(Resource Persons: Julie Brenman and Robin Bibby – 4111) (Attachment #2 - 11 pages) (PR# 4416)
3. Passenger Vehicle for Hire Commission – Receipt and Acceptance of an Application
To receive and accept applications for citizens to fill two (2) vacancies on the Passenger Vehicle For Hire Commission to represent "Law" and "Passenger" with the terms to expire on January 1, 2010.(Due to a vacancy and the expired term of Barbara Payne)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 – 5 pages) (PR# 4415)
4. Durham Bicycle and Pedestrian Advisory Commission – Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2010.(Due to the expired term of John W. Warman, III)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 – 3 pages) (PR# 4420)
5. Durham Open Space and Trails Commission – Receipt and Acceptance of an Application
To receive and accept an application for a citizen 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.(Due to the expired term of William Morrison)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 – 4 pages) (PR# 4421)
6. Capital Program Advisory Committee – Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Capital Program Advisory Committee to represent Project Management. The term will expire on March 31, 2008.(Due to the resignation of Susan E. Shaw)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 3 pages) (PR# 4418)
7. Durham Cultural Master Plan Advisory Board – Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Cultural Master Plan Advisory Board with the term to expire on June 30, 2008.(Due to the resignation of E'Vonne Coleman)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 – 5 pages) (PR# 4422)
8. Durham Convention and Visitors Bureau Tourism Development Authority
To reappoint Brian Lawson representing Food Service to the Durham Convention & Visitors Bureau Tourism Development Authority as recommended by the DCVB Board of Directors - term expiring October 31, 2010.(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 4 pages) (PR# 4426)
9. Piggyback Purchase - One (1) Fire and Rescue Pumper
To authorize the City Manager to enter into a contract with the Sutphen Corporation, in the amount of $302,327.24 for providing the City with one (1) Fire & Rescue Pumper; andTo 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 #9 - 5 pages) (PR# 4411)
10. Piggyback Purchase - One (1) 95 FT. Aerial Platform
To authorize the City Manager to enter into a contract with the Sutphen Corporation, in the amount of $762,950.06 for providing the City with one (1) 95 ft. Aerial Platform; andTo 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 - 5 pages) (PR# 4410)
11. Major Site Plan and Preliminary Plat– Goodwin Crossing (D06-863)
To approve a major site plan and preliminary plat for "Goodwin Crossing," submitted by Bass, Nixon & Kennedy, Inc., on behalf of St. Lawrence Homes, Inc., for a 127 lot single-family residential development on 77.58 acres, zoned Planned Development Residential (PDR) 2.310 and Falls/Jordan Protected Area (F/J-B).[The site is located on the northeast and southwest sides of Goodwin Road just north of Infinity Road. PIN 0835-04-52-1161, 0835-04-53-4274]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #11 - 25 pages) (PR# 4425)
12. Major Site Plan – Palladian Office Park, Phases 1C, 1D and 2 (D06-962)
To approve a major site plan for "Palladian Office Park, Phase 1C, 1D and 2," submitted by Coulter, Jewell, Thames PA, on behalf of Park Ridge Corporate, LLC, for three office buildings: Building 1C is 90,000 square feet and three-stories; Building 1D is 90,000 square feet and four-stories; Phase 2 building is 145,000 square feet and five-stories in height on a 13.20 acre portion of a 42.15 acre site, zoned Office and Institutional with a Development Plan (OI(D)), Falls/Jordan Protected Area (F/J-B) and Major Transportation Corridor Overlay (MTC).[The site is located east of I-40 and Leigh Farm Road and north of NC 54. The PINs for the site are 0708-02-58-5961; 0708-02-48-9929; 0708-02-59-3209, 4720; 0708-02-69-1063.]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #12 - 20 pages) (PR# 4431)
13. Setting Public Hearing to Consider Ordering Improvement under Enabling Act Authority
To adopt a resolution setting a public hearing for November 19, 2007, to consider 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 #13 - 2 pages) (PR# 4399)
14. 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; andTo adopt a resolution setting a public hearing for November 19, 2007, to consider ordering the following improvement:
Sidewalk on Monmouth Avenue (South Side) from N. Buchanan Boulevard to Watts Street.
(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326) (Attachment #14 - 2 pages) (PR# 4400)
15. Carryover Budget Amendment FY06-07 to FY07-08
To adopt an Ordinance Amending the 2007-08 City of Durham Budget Ordinance, the same being Ordinance 13451; andTo adopt a resolution establishing FY 2007-08 financial plans for internal service funds, superseding resolution 9480.
(Resource Person: Julie Brenman – 4111 ext. 282) (Attachment #15 - 9 pages) (PR# 4412)
17. Amendment to 2007-2009 City of Durham Employment and Training Grant Project Ordinance Superseding Grant Project Ordinance #13480
To authorize the City Manager to accept the North Carolina Department of Commerce Regional Collaboration Grant by executing the grant documents; andTo adopt the 2007-2009 City of Durham, North Carolina and State of North Carolina Department of Commerce Grant Project Ordinance, superseding Grant Project Ordinance #13480, in the amount of $1,411,122.00. (Resource Person: Kevin Dick – 4965) (Attachment #17 - 4 pages) (PR# 4396)
18. North Carolina Department of Transportation Municipal Agreement for the Re-Inspection of Bridges on the Municipal Street System [F.A. Project BRZ-NBIS (15)]
To adopt a resolution authorizing the City Manager to execute a municipal agreement with North Carolina Department of Transportation for re-inspection of bridges on the Municipal Street System " F.A. Project BRZ-NBIS (15)"; andTo authorize the City Manager to modify the agreement and other related documents before execution, provided that the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the contractor.
(Resource Person: Kathryn Kalb – 4326) (Attachment #18 - 8 pages) (PR# 4409)
19. Lease Agreement with Hanson Aggregates Southeast, Inc. at Teer Quarry
To authorize the City Manager to execute a lease agreement pursuant to a previously approved Purchase Contract with Hanson Aggregates Southeast, Inc. regarding the use of the sales yard that is located near the quarry; andTo authorize the City Manager to modify the lease before execution provided the modifications do not increase the dollar amount of the lease and are consistent with the general intent of the version of the lease approved by City Council.
(Resource Person: Nancy Newell – 4381) (Attachment #19 - 9 pages) (PR# 4413)
22 – 25. These items can be found on the General Business Agenda – Public Hearings.
[General Business Agenda – Public Hearings]
22. CVS Highway 98 Initial (Z07-13A)
To conduct a public hearing and receive public comments on the initial zoning map change for CVS Highway 98 Initial (Z07-13A);To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Commercial Neighborhood (CN) and Commercial Center (CC); Falls/Jordan-B Watershed Protection Overlay (F/J-B) 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 the action is consistent with the Comprehensive Plan and 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 intersection of Wake Forest Highway and Patterson Road, across from Stallings Road. PIN 0861-03-10-5538]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #22 – 8 pages) (PR# 4391)
23. 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 #23 – 9 pages) (PR# 4406)
24. Obedience to the Word Initial (Z07-16A)
To conduct a public hearing and receive public comments on the initial zoning map change for Obedience to the Word Initial (Z07-16A);To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Rural Residential (RR) and Residential Suburban – 10 (RS-10); Falls/Jordan-B Watershed Protection Overlay (F/J-B) 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 South Mineral Springs Road and Noah Drive, east of South Mineral Springs Road and south of Noah Drive. PIN 0851-01-20-1035
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #24 - 9 pages) (PR# 4407)
25. Bungalow Avenue Initial (Z07-04A)
To conduct a public hearing and receive public comments on the initial zoning map change for Bungalow Avenue Initial (Z07-04A);To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Suburban-20 (RS-20); Falls/Jordan-B Watershed Protection Overlay (F/J-B) 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 the action is consistent with the Comprehensive Plan and 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 on the east and west side of Bungalow Avenue, south of Laurel Drive and north of Featherglen Court. PINs 0840-04-52-9774, -62-0633, -1945, -1894, -2743, -3603]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #25 - 9 pages) (PR# 4408)
[Supplimental Agenda]
33. Resolution Memorializing Harry Edwin Rodenhizer, Jr.
To adopt a Resolution Memorializing Harry Edwin Rodenhizer, Jr.(Resource Person: Mayor William V. "Bill" Bell – 4333) (Attachment #33 - 1 page) (PR# 4476)
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