in the first floor Council Chamber, at 7pm Monday.
I don't see it on the agenda, but there should be reauthorization of
the Bill of Rights proclamation, and the Durham BORDC will be
represented at the meeting. I hope they are as considerate as the
County Commissioners, who put the proclamation near the start of the
agenda. Too bad the development issue aren't closer to the front
also, since there will probably be several speakers on them.
I mentioned earlier the Bill of Rights Day proclamations that will be
read in front of the Chapel Hill Post Office on Franklin St. tomorrow,
starting at noon if I recall correctly.
Durham might already use tasers, but there is an item about purchasing
some. These are supposed to be a non-lethal weapon, but they can
kill, and the police can't know if that will happen when they tase
someone (I'm not sure if the verb here is tase, taze, or taser). It
would be pretty bad if they kill someone with a taser, in a situation
where they would not have used a gun instead of the taser.
The City is planning to buy five hybrid buses, which is a good first
step in going to gas-free transit.
The developers of the proposed Jordan at Southpointe development, at
the intersection of Scott King Rd., Fayetteville Rd., and 751 at the
southern end of the County, want the area annexed by the City.
Environmental groups think this is jurisdiction shopping by the
Durham-based developer, who has up to now bragged about never having
had a proposed development refused by the authorities. There are
other reasons to oppose the development, and lately people are worried
about the impact of all these new developments (such as the 1300
houses approved by the County this week, to be built on Page Rd.) on
our future water supply. There is a letter about Jordan at
Southpointe in today's Herald-Sun, from a prominent land use
activist from southern Durham. I'm sure there will be speakers
opposing this request at the meeting.
I am very concerned about "Northeast Creek Development Initial" on
Ellis Rd. east of the Durham Freeway. Of the two northeast most
branches of NE Creek at Ellis Rd. this proposed residential
development lies beside and across the south branch. I assume that
the south branch is more polluted with silt, and when NE Creek Stream
Watch measured the turbidity of the two branches last January, when
there was low water, the south branch was twice as turbid, meaning it
carries more silt. Currently the group tests water quality quarterly
downstream at Sohi Rd. (this Sunday in fact), so I don't know if the
south branch is typical siltier, but I assume that it is. Silt could
represent lost and hard to replace topsoil, and too much silt smothers
aquatic life. I haven't gone very far on that branch, so I don't know
if the silt was from a new condominium project, or a claypit marked on
maps of the area, or something else. The other branch was much
clearer, but it no doubt is polluted by its beginnings in a car
junkyard on Angier and a cow pasture (which is better than a junkyard,
but could be a source of silt and fecal coliform bacteria). I'm
planning to go by the area over the weekend.
Another rezoning request is for Treyburn village, but I am not
familiar with that area. Please comment if you know what the
situation is there.
Finally, a change in the Unified Development Ordinance (UDO) regarding
open space, will be discussed.
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. Technical Correction to the CVS Pharmacy Voluntary Annexation
Petition Ordinance
To adopt a technical correction to the annexation ordinance for the
CVS Pharmacy, changing it from contiguous to non-contiguous.
(Resource Persons: Julie Brenman and Robin Bibby - 4111 ext. 280)
(Attachment #1 - 4 pages) (PR# 4556)
2. Approval of City Council Minutes
To approve City Council minutes for the November 5, 2007 City Council
Meeting; and
To approve City Council action taken at the October 18, 2007 City
Council Work Session.
(Resource Person: D. Ann Gray - 4166) (PR# 4514)
3. Durham Housing Authority - Appointment
To appoint Barbara Fletcher Loftin to the Durham Housing Authority
with the term to expire on September 28, 2012.
Note: At the Work Session on December 6, 2007, Barbara Fletcher Loftin
received four (4) votes and James W. Edney, III received (2) votes.
(Due to the expired term of Jack Preiss)
(Resource Person: LaVerne V. Brooks - 4166) (Attachment #3 - 8 pages) (PR# 4530)
4. Durham City-County Environmental Affairs Board - Appointment
To appoint John Manuel to the Durham City-County Environmental Affairs
Board to represent Solid Waste with the term to expire on June 1,
2009.
Note: At the Work Session on December 6, 2007, Mr. Manuel received six
(6) votes.
(Due to the resignation of Tim Dodge)
(Resource Person: LaVerne V. Brooks - 4166) (Attachment #4 - 3 pages) (PR# 4531)
5. Sole Source Purchase - Tasers(R)
To approve the purchase of TASERS(R) without competitive bidding as
authorized by G.S. 143-129 (e) (6) on the grounds that the product is
available from only one source of supply;
To authorize the City Manager to enter into a contract with Lawmen's
Safety Supply Inc., in the amount of $158,533.00 for providing the
City with 110 TASER(R) X26 devices and accessories; 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 Jon Shelton - 4322) (Attachment #5 - 5 pages) (PR#
4564)
6. Sole Source Purchase - FASTER Fleet Management Software
To approve the purchase of FASTER Fleet Management software without
competitive bidding as authorized by G.S. 143-129 (e) (6), on the
grounds that the product is available from only one source of supply;
To authorize the City Manager to enter into a contract with CCG
Systems Inc., in the amount of $40,300.00 for providing the City with
FASTER Fleet Management software; 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 Stephen Mancuso - 1535)
(Attachment #6 - 5 pages) (PR# 4565)
7. Piggyback Purchase - Three Automated Arm Refuse Collection Vehicles
To authorize the City Manager to enter into a contract with Amick
Equipment Company, Inc., in the amount of $652,449.00, for providing
the City with three Automated Arm Refuse Collection Vehicles; 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 #7 - 5 pages) (PR# 4569)
8. Piggyback Purchase - One (1) Fire and Rescue Pumper for Fire Station 15
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 and Rescue Pumper; 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 David Jacobs - 4242)
(Attachment #8 - 6 pages) (PR# 4587)
11. This item can be found on the General Business Agenda.
12. Amendment to 2007-2009 City of Durham Employment and Training
Grant Project Ordinance Superseding Grant Project Ordinance # 13498
To authorize the City Manager to accept the North Carolina Department
of Commerce Incumbent Worker Training Grant by executing the grant
documents; and
To adopt the 2007-2009 City of Durham, North Carolina and State of
North Carolina Department of Commerce Grant Project Ordinance,
superseding Grant Project Ordinance #13498, in the amount of
$1,433,949.00.
(Resource Person: Kevin Dick - 4965 ext. 22) (Attachment #12 - 6
pages) (PR# 4536)
13. This item can be found on the General Business Agenda.
15. Fifth Amendment to Agreement for Architectural Services and CMAR
Contract Amendment for Construction Services for City Hall Complex
Renovations
To adopt an Ordinance Amending the General Capital Improvement Project
Ordinance, Fiscal year 2007-2008, the same being Ordinance #13428 for
the purpose of increasing the total appropriation for the design and
construction of City Hall and Annex Renovations Project by
$1,010,457.00;
To authorize the City Manager to execute a contract amendment to the
Agreement for Professional Design Services for Durham City Hall and
Annex Renovations with Roughton Nickelson DeLuca Architects PA in an
amount not to exceed $599,707.00 so that the total contract amount
will not exceed $1,428,794.00; and
To authorize the City Manager to make changes to the contract before
executing it if the changes do not increase the fee to be paid by the
City and do not decrease the goods and services to be provided to the
City;
To authorize the City Manager to increase the design services project
contingency to $69,000.00;
To authorize the City Manager to negotiate and execute change orders
on the Agreement for Professional Design Services for Durham City Hall
and Annex Renovations, provided the total fee does not exceed
$1,497,794.00 which is the total contract amount plus contingency;
To authorize the City Manager to negotiate and execute an "Amendment
No. 2" with Balfour Beatty Construction, Inc. for construction of the
City Hall Renovations (excluding the Annex) if the final Guaranteed
Maximum Price does not exceed $6,103,643.00; and
To authorize the City Manager to establish a City Hall construction
project contingency in the amount of $461,100.00; and
To authorize the City Manager to negotiate and execute change orders
on the "Amendment No. 2" provided the total contract cost does not
exceed $6,564,743.00, which is the full amount budgeted for
construction phase services plus the City Hall (excluding the Annex)
project contingency;
To authorize the City Manager to negotiate and execute a change order
to the "Amendment No. 2" with Balfour Beatty Construction for
construction of the City Hall and Annex renovations to include the
construction of improvements to the Annex, should additional funds for
this project be appropriated and so long as the contracted amount does
not exceed $7,586,043.00;
To authorize the City Manager to establish the project construction
contingency of $554,800.00; and
To authorize the City Manager to execute change orders on the contract
provided the total contract cost does not exceed $8,140,843.00 which
would be the full amount budgeted for construction phase services plus
the project contingency.
(Resource Person: Doreen Sanfelici - 4197 ext. 249) (Attachment #15 -
26 pages) (PR# 4566)
16. Proposed Lease Agreement with Qualex Inc. for Swing Office Space
in Conjunction with the City Hall Renovation Project
To authorize the City Manager to execute a Sublease Agreement with
Qualex, Inc. for office space at 3404 N. Duke Street; and
To authorize the City Manager to make changes to the Sub-lease
provided such changes do not materially affect the intent and purpose
of the lease and agenda memo.
(Resource Person: David Fleischer - 4197) (Attachment #16 - 17 pages) (PR# 4586)
18. Interlocal Agreement City-County Appearance Commission
To approve the revision to the City-County Appearance Commission
Interlocal Agreement.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#18 - 6 pages) (PR# 4540)
19. Contract for Use of the City of Durham 2007 Edward Byrne Memorial
Justice Assistance Grant by the District Attorney and the
Administrative Office of the Courts
To authorize the City Manager to execute a contract between the City
of Durham, David J. Saacks, District Attorney for the Fourteenth
Prosecutorial District and the Administrative Office of the Courts
under which the Administrative Office of the Courts will expend City
funds to continue to support one full time Assistant District Attorney
position to act as prosecutor for the Gang and Habitual Felon Task
Force in the amount of $60,000.00; 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 Person: Kisha Ethridge - 4309) (Attachment #19 - 34 pages) (PR# 4582)
20. Hybrid Bus Capital Grants
To authorize the City Manager to accept and execute capital grants
from the Federal Transit Administration and the North Carolina
Department of Transportation for the purpose of purchasing five (5)
hybrid buses at a total project cost equaling $2,550,000.00; and
To adopt the FY 2007-08 Section 5307 Bus Grant and Authorization to
Execute Grant Agreements.
(Resource Person: Harriet H. Lyons - 1535 ext. 206) (Attachment #20 -
3 pages) (PR# 4550)
21. Safe Routes to School Demonstration Project Funding
To adopt a resolution expressing support for an application for Safe
Routes to School Demonstration Funding and willingness to administer
the funds if selected.
(Resource Person: Dale McKeel - 4366) (Attachment #21 - 4 pages) (PR# 4580)
22. Revised Municipal Agreement for American Tobacco Trail Phase E -
I-40 Pedestrian Bridge Project EL-2921 E
To adopt a resolution authorizing the City Manager to execute a
Municipal Agreement with the North Carolina Department of
Transportation for Phase E of the American Tobacco Trail (EL-2921 E).
(Resource Person: Edward R. Venable - 4326 ext. 233) (Attachment #22 -
35 pages) (PR# 4583)
23. Repealing Article IV, Water and Sewer Systems, of the Code of
Ordinances and Adopting Revised IV, Water and Sewer Systems
To adopt the revisions to Article IV, Water and Sewer Systems of the
City Code amending the Sewer Use Ordinance to meet Federal and State
requirements, effective January 1, 2008.
(Resource Person: Reginald Hicks - 4381 ext. 256) (Attachment #23 - 40
pages) (PR# 4554)
24. Amendment to Sanitary Landfill Groundwater Monitoring Services Contract
To authorize the City Manager to execute a contract amendment with
S&ME, Inc. for environmental monitoring services to be performed at
North Durham Water Reclamation Facility which will increase the
contract amount by $19,100.00;
To authorize the City Manager to establish a contingency amount of
$1,910.00 for the amendment; and
To authorize the City Manager to modify the contract before execution
provided the modifications do not increase the dollar amount of the
contract and are consistent with the general intent of the version of
the contract.
(Resource Person: Nancy Newell - 4381) (Attachment #24 - 8 pages) (PR# 4555)
25 - 40. These items can be found on the General Business Agenda -
Public Hearings.
43. Public-Private Partnership Development Agreement and Parking
Management Agreement with Craig Davis Properties for the Durham Centre
Tower and Parking Deck
To approve a resolution, pursuant to N.C.G.S. 143-64.32, exempting the
Durham Centre Deck Project from N.C.G.S. 143-64.31;
To authorize the City Manager to execute a Development Agreement
between the City and CDP Durham Centre Investors LLC;
To find that the provisions of the Public-Private Partnership
Development Agreement with CDP Durham Centre Investors LLC are
sufficient to assure that the proposed renovations to the Durham
Centre deck are obtained at a reasonable price;
To authorize the City Manager to execute the Parking Management
Agreement between the City and CDP Durham Centre Investors LLC; and
To authorize the City Manager to make changes to both the Development
Agreement and the Parking Management Agreement prior to execution
provided the changes do not increase the compensation or obligations
owed by the City and do not decrease the services and benefits to be
provided to the City.
(Resource Person: Alan DeLisle - 4965 ext. 224) (Attachment #43 -
pages) (PR# 4605)
44 - 45. These items can be found on the General Business Agenda.
46. This item can be found on the General Business Agenda - Public Hearings
47. Workforce Development Board - Appointments
To reappoint William A. Downey, Sr. and to appoint Marsha Basloe to
the Workforce Development Board representing Private Sector with terms
expiring on June 30, 2009.
Note: At the Work Session on December 6, 2007, Mr. Downey and Ms.
Basloe received six (6) votes.
(Resource Person: LaVerne Brooks - 4166) (Attachment #47 - pages) (PR# 4610)
48. Human Relations Commission - Appointment
To appoint Joy Suzanne Johnson to the Human Relations Commission with
the term to expire on June 30, 2010.
Note: At the Work Session on December 6, 2007, Ms. Johnson received
six (6) votes.
(Due to the resignation of Shannon McCabe)
(Resource Person: LaVerne Brooks - 4166) (Attachment #48 - pages) (PR# 4619)
[General Business Agenda]
11. Rolling Hills/Southside Redevelopment Project
To accept the recommendation of the RFQ panel to select McCormack
Baron Salazar, Inc. and Struever Bros. Eccles & Rouse as the
development team for the Rolling Hills site;
To receive a presentation from McCormack Baron Salazar, its non-profit
affiliate, Urban Strategies, Inc., and other members of the
development team;
To authorize the expenditure of $325,000.00 in housing bond program
income for planning, engineering, surveying and related services
associated with the Rolling Hills/Southside Redevelopment Project
subject to the submission by McCormack Baron Salazar, Inc. and SBER
Development Holdings, LLC of satisfactory commitments for matching
funds from other sources of an equal or greater amount;
To authorize the City Manager to execute a Predevelopment Agreement
between the City of Durham and McCormack Baron Salazar, Inc. and SBER
Development Holdings, LLC;
To authorize the City Manager to modify the Predevelopment Agreement
before execution, provided that the modifications do not increase the
dollar amount of the Predevelopment Agreement and do not lessen the
obligations of McCormack Baron Salazar, Inc. and SBER Development
Holdings, LLC;
To authorize the expenditure of $2,700,000.00 in housing bond program
income to begin the acquisition of privately owned residential
properties within the Rolling Hills development and the relocation of
affected homeowners and tenants and to authorize the expenditure of
future housing bond program income and any institutional or
philanthropic contributions for the completion of the acquisition and
relocation efforts within the Rolling Hills development, but not
exceeding a total sum of $6,000,000.00; and
To adopt an Ordinance Amending the General Capital Improvement Project
Ordinance, Fiscal year 2007-2008, the same being Ordinance #13428 for
the purpose of decreasing the appropriation Reserve for Pending
Projects and increasing the total appropriation for Rolling Hills by
$3,000,000.00.
(Resource Person: Larry Jarvis - 4570 ext. 273) (Attachment #11 - 33
pages) (PR# 4581)
13. Two-Thirds Bonds Reimbursement Resolution
To adopt a resolution declaring the intent of the City of Durham to
reimburse itself for capital expenditures incurred in connection with
various public improvements from the proceeds of certain tax-exempt
obligations to be executed and delivered during fiscal year 2009; and
To adopt an Ordinance Amending the General Capital Improvement Project
Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance
#13428 for the purpose of adding $12,250,000.00 in Two-Thirds Bond
Funds.
(Resource Person: Kenneth Pennoyer - 4455 ext. 224) (Attachment #13 -
11 pages) (PR# 4584)
44. Teague-Hankins Medical Facility Site
To direct the City Manager to negotiate an amendment to the Annexation
Agreement with Raleigh that would cede the Teague-Hankins tract to
Raleigh's jurisdiction subject to the conditions described in this
report;
To authorize the City Manager to negotiate a temporary utility service
agreement with Raleigh for the Durham service area in Wake County; and
To authorize the City Manager to initiate the process to obtain the
necessary approvals from the applicable governing boards to effectuate
these agreements.
(Resource Person: Theodore L. Voorhees - 4222) (Attachment #44 - 18
pages) (PR# 4527)
45. Water and Sewer Extension Agreement with Jordan at SouthPointe, LLC
To authorize the City Manager to enter into a water and sewer
extension agreement with Jordan at SouthPointe, LLC to serve Jordan at
Southpoint Subdivision.
(Resource Persons: Robert N. Joyner and R. Lee Murphy - 4326)
(Attachment #45 - 11 pages) (PR# 4454)
[General Business Agenda - Public Hearings]
25. Economic Development Incentives Per GS 158-7.1 and Approval of
Five Merchandise Based Improvement Project Contracts
To conduct a public hearing and receive comments on Economic
Development Incentives per GS 158-7.1;
To authorize the City Manager to execute an economic incentives
contract with Dollar & Cents, Inc. in the amount of $3,031.50;
To authorize the City Manager to execute an economic incentives
contract with Martinez Creation, Inc. in the amount of $7,500.00;
To authorize the City Manager to execute an economic incentives
contract with Catering by George in the amount of $5,650.00;
To authorize the City Manager to execute an economic incentives
contract with Samuel & Sons Barbershop, LLC in the amount of
$3,564.00;
To authorize the City Manager to execute an economic incentives
contract with Welcome Back, Inc. in the amount of $7,500.00, and
To authorize the City Manager to modify the contracts provided that
the modifications do not increase the dollar amounts and the
modifications are consistent with the general intent of the contracts.
(Resource Person: Michael Keeler - 4965 ext. 249) (Attachment #25 - 33
pages) (PR# 4473)
26. Historic Landmark Designation - Johnson-Rogers House (LD07-08)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Johnson-Rogers House, 215
Monmouth Avenue (LD07-08) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#26 - 15 pages) (PR# 4570)
27. Historic Landmark Designation - Rogers Drugs Building (LD07-10)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Rogers Drugs Building (LD07-10)
as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#27 - 12 pages) (PR# 4572)
28. Historic Landmark Designation - Simpson Umstead House (LD07-02)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Simpson Umstead House, 807
Hermitage Court Drive (LD07-02) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#28 - 20 pages) (PR# 4578)
29. Historic Landmark Designation - Original Watts Hospital Building (LD07-03)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Original Watts Hospital
Building, 302 Watts Street (LD07-03) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#29 - 20 pages) (PR# 4579)
30. Historic Landmark Designation - Webb Thompson House (LD07-04)
To conduct a public hearing and receive public comments on the
proposed Historic Landmark designation; and
To adopt an ordinance designating the Webb Thompson House (LD07-04) as
a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#30 - 16 pages) (PR# 4561)
31. Historic Landmark Designation - Penny Furniture Building (LD07-05)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Penny Furniture Building, 111
East Chapel Hill Street (LD07-05) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#31 - 13 pages) (PR# 4562)
32. Historic Landmark Designation - Durham Laundry Building (LD07-06)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Durham Laundry Building,
209-211North Church Street (LD07-06) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#32 - 13 pages) (PR# 4563)
33. Historic Landmark Designation - L.D. Rogers Furniture Store
Building (LD07-09)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the L. D. Rogers Furniture Store
Building (LD07-09) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#33 - 11 pages) (PR# 4571)
34. Historic Landmark Designation - Paschall's Bakery and Studebaker
Building (LD07-01)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Paschall's Bakery and Studebaker
Building (LD07-01) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#34 - 13 pages) (PR# 4577)
35. Historic Landmark Designation - Tempest Building (LD07-11)
To conduct a public hearing and receive comments on the proposed
Historic Landmark designation; and
To adopt an ordinance designating the Tempest Building (LD07-11) as a
Historic Landmark.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#35 - 12 pages) (PR# 4573)
36. Plan Amendment - Treyburn Village (A06-13)
To conduct a public hearing and receive public comments on the
Treyburn Village (A06-13) Plan Amendment; and
To adopt a resolution to change the Land Use designation on the Future
Land Use Map of the Durham Comprehensive Plan from Commercial to Low
Density Residential (4 DU/Ac. or Less)
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#36 - 10 pages) (PR# 4575)
37. Zoning Map Change - Treyburn Village (Z06-39)
To conduct a public hearing and receive public comments on the zoning
map change for Treyburn Village (Z06-39);
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 Z06-39 out of CN and CC; F/J-B and
placing same in and establishing same as PDR 2.240; F/J-B; 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, should the plan amendment (A06-13) be adopted, 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
not consistent with the adopted Comprehensive Plan. However, should
the governing body approve the pending plan amendment the ordinance
request would then be in compliance with the revised 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 south side of Vintage Hill Parkway, east
of Sawmill Creek Parkway. PIN: 0845-01-17-1163 (partial)]
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#37 - 15 pages) (PR# 4498)
38. Northeast Creek Development Initial (Z07-12A)
To conduct a public hearing and receive public comments on the initial
zoning map change for Northeast Creek Development Initial (Z07-12A);
To adopt an Ordinance Amending the Unified Development Ordinance, the
same being Chapter 24 of the Durham City Code, to establish PDR 4.840,
IL(D), IP and RS-20 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 north side of Ellis Road, east of
Southland Drive and west of New Haven Drive. PIN 0749-01-37-5402,
-47-0390]
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#38 - 15 pages) (PR# 4499)
39. Street Closing - Unnamed Alley Off Jackson Street between Pauli
Murray Place and Carroll Street (SC07-06)
To conduct a public hearing and receive comments on the closing of a
147.25 linear foot unnamed alley off Jackson Street between Pauli
Murray Place and Carroll Street; and
To adopt an Order permanently closing a 147.25 linear foot unnamed
alley off Jackson Street between Pauli Murray Place and Carroll Street
conditioned on the recordation of a recombination plat that
demonstrates the approval of all property owners involved with the
unequal distribution of the closed right-of-way.
(Resource Person: Steven L. Medlin, AICP, 4137 ext. 223) (Attachment
#39 - 9 pages) (PR# 4537)
40. Unified Development Ordinance (UDO) Text Amendment - Open Space (TC07-04)
To conduct a public hearing and receive public comments on the Unified
Development Ordinance (UDO) Text Change - Open Space (TC07-04); and
To adopt an Ordinance Amending the Unified Development Ordinance, the
same being Chapter 24 of the Durham City Code, incorporating revisions
to Article 7, Design Standards, and Article 8, Environmental
Protection.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment
#40 - 6 pages) (PR# 4557)
46. Voluntary Annexation Petition Received by July 31, 2007
To receive citizens' comments concerning the annexation of the
following Voluntary Annexation Area:
a) FY2007-14 Jordan at Southpoint
To adopt "An Ordinance Annexing to the City of Durham" of the
Voluntary Annexation Area in accordance with N.C. General Statutes
160A-58; and
To authorize the City Manager to enter into a half base contract with
the Parkwood VFD.
The petition above is to be effective from and after December 31, 2007.
(Resource Persons: Julie Brenman and Robin Bibby - 4111) (Attachment
#46 - pages) (PR# 4616)
[Supplimental Agenda]
50. Fannie Mae Rolling Hills/Southside Planning Grant
To accept a $65,000.00 grant from Fannie Mae for the planning of the
Rolling Hills/Southside Redevelopment Project;
To authorize the City Manager to execute the Fannie Mae Grant
Agreement dated December 5, 2007; and
To adopt an Ordinance Amending the General Capital Improvement Project
Ordinance, Fiscal year 2007-2008, the same being Ordinance #13428 for
the purpose of increasing the total appropriation for Rolling Hills by
65,000.00.
(Resource Person: Larry Jarvis - 4570 ext. 273) (Attachment #50 - 8
pages) (PR# 4635)
[Adjournment]
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