Agenda from the last City Council meeting

I neglected to mention the City Council meeting on the 2nd, so here it is after the fact.  I think both the Council and the County Commissioners will be meeting in a week.

 

Present:

Mayor William V. Bell.
Mayor Pro Tempore Cora Cole-McFadden and Council Members
Eugene Brown
Diane Catotti
Howard Clement, III
Thomas A. Stith, III
Mike Woodard

Absent: None

Disclaimer: All information on the web site is subject to tampering and unauthorized changes without the knowledge of the City of Durham. Minutes are available after City Council approval. Contact the City Clerk's Office at 919-560-4166.

[Consent Agenda]

1. Approval of City Council Minutes

To approve City Council Minutes for the November 20, 2006 City Council Meeting;

To approve City Council Action taken at the November 9, 2006 City Council Work Session; and

To approve City Council Minutes for the following Closed Sessions: January 22, 2004, September 9, 2004, May 19, 2005, September 22, 2005, November 10, 2005, December 8, 2005 and March 23, 2006. [Approved – Vote 7/0]

(Resource Person: D. Ann Gray – 4166) (PR# 3622)

2. Firemen's Relief Fund Board of Trustees - Appointment

To appoint Larry Crabtree to fill one (1) vacancy on the Firemen's Relief Fund Board of Trustees with the term to expire on January 1, 2009. [Approved – Vote 7/0]

Note: At the Work Session on December 20, 2006, Mr. Crabtree received seven (7) votes.

(Due to the term expiring of Larry Crabtree)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 3613)

3. Housing Appeals Board - Appointment

To appoint W. Russell Congleton to fill one (1) vacancy on the Housing Appeals Board for an Alternate Member to represent Residence Owner with the term to expire June 30, 2009. [Approved – Vote 7/0]

Note: At the Work Session on December 20, 2006, Mr. Congleton received seven (7) votes

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 3 pages) (PR# 3615)

4. Raleigh-Durham Airport Authority - Appointment

To appoint Tonita F. Lipscomb to fill one (1) vacancy on the Raleigh-Durham Airport Authority with the term to expire on January 1, 2009. [Approved – Vote 7/0]

Note: At the Work Session on December 20, 2006, Ms. Lipscomb received seven (7) votes

(Due to the term expiring of Tonita F. Lipscomb)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 6 pages) (PR# 3616)

5. Set Date for FY 2007-2008 Annual Action Plan "Needs" Public Hearing

To set a public hearing for the FY 2007-2008 Annual Action Plan "Needs" for January 16, 2007 and to receive public comments on the City's Housing and Community Development needs. [Approved – Vote 7/0]

(Resource Person: Karmisha R. Wallace – 4570 ext. 277) (Attachment #5 - 2 pages) (PR# 3630)

6. Bid Report - October 2006

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of October 2006. [Approved – Vote 7/0]

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #6 - 6 pages) (PR# 3624)

7. Resolution Authorizing An Auction

To adopt a resolution authorizing an auction to be held on January 27, 2007 at 10:00 a.m. [Approved – Vote 7/0]

(Resource Person: Joseph W. Clark – 4132) (Attachment #7 - 3 pages) (PR# 3627)

8. Setting Public Hearings for the Confirmation of Assessment Rolls

To adopt resolutions setting public hearings for January 16, 2007, for the following assessment rolls: [Approved – Vote 7/0]

Sewer Main on Marvin Drive from Farrington Road to the West Property Line of Tax Map 484-4-12;

Sewer Main on Pavillion Place from the North Property Line of PIN 0709-02-85-4702 to the South Property Line of PIN 0709-02-85-3564; and

Sewer Main on Mayo Street from Tax Map 603-2-1 to the South Property Line of Tax Map 603-2-2

(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326) (Attachment #8 - 1 page) (PR# 3604)

9. Setting Public Hearings to Consider Ordering Petitioned Improvements

To accept a Certificate of Sufficiency from the Manager of Engineering and Stormwater for each of the following petitions, and

To adopt a resolution setting a public hearing for January 16, 2007, to consider ordering each of the following improvements: [Approved – Vote 7/0]

Water Main on Brightwood Lane from Fletchers Chapel Road West to the West Property Line of PIN 0852-04-52-1762;

Curb, Gutter and Paving, Water and Sewer Laterals on Red Oak Avenue from Hemlock Avenue to Gaston Avenue; and

Sidewalk on Infinity Road (South Side) from Shadebush Drive to Lazyriver Drive

(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326) (Attachment #9 - 4 pages) (PR# 3612)

10. Street Acceptance

To accept the street on the attached list for maintenance by the City of Durham. [Approved – Vote 7/0]

(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326) (Attachment #10 - 2 pages) (PR# 3620)

11. Proposed Sale of Property at 519-B Eastway Avenue PIN #0831-10-45-4488 and 1405 Taylor Street PIN #0831-10-45-6096

To determine the properties at 519-B Eastway Avenue and 1405 Taylor Street as surplus;

To authorize the sale of the properties under the authority of Section 86 of the City Charter;

To accept the offers to purchase for the properties located at 519-B Eastway Avenue and 1405 Taylor Street; and

To authorize the City Manager to sell and the Mayor to convey the properties by a non-warranty deed.

Note: This item was approved at the December 20, 2006 City Council Work Session.

12. City Council Practices on Excused Absences

To discuss City Council practices regarding excused absences. [Approved – Vote 7/0]

(Resource Person: Thomas Stith – 4396)

13. Amendment to the Targeted Community Development Areas to Include a Portion of Holloway Street

To adopt a "Resolution Establishing a Job Creation and Retention and Investment Incentive Policy", and

To amend the "Targeted Community Development Areas" map to include those properties fronting Holloway Street between Alston Avenue and Miami Boulevard. [Approved – Vote 7/0]

(Resource Person: Chris Dickey – 4965 ext. 226) (Attachment #13 - 10 pages) (PR# 3599)

14. Lease Agreement between the City of Durham and the State of North Carolina for Exclusive Space on the Cole Mill Road Radio Tower to Operate a Viper System

To authorize the City Manager, under the authority of G.S. 160A-274 to execute the 20-year Lease Agreement with an automatic renewal of one 10-year term with the State of North Carolina to lease space on the radio tower at Parcel #174121 – 1701 Colewood Drive; and

To authorize the City Manager to make changes to the Lease, prior to execution, provided such changes do not materially affect the intent and purpose of the Lease and agenda memo. [Approved – Vote 7/0]

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #14 - 15 pages) (PR# 3606)

15. Compensation and Classification Recommendations

To adopt as amended the Plan of Position Compensation and Classification for the City of Durham effective January 6, 2007. [Approved – Vote 7/0]

(Resource Person: Kevin Patton – 4214 ext. 273) (Attachment #15 – 7 pages) (PR# 3618)

16. Contract Amendment for Contract ST-224 Downtown Improvements Phases I & II

To authorize the City Manager to amend contract ST-224 Downtown Improvements Phases I & II with Triangle Grading & Paving, Incorporated by $1,766, 000.00. This represents a 15.5% increase over the $11,381,902.00 previously authorized expenditure to facilitate completion of the street improvements; and

To authorize the expenditure from the Water Extensions & Improvements and the Downtown Improvements Phases I & II accounts. [Approved – Vote 7/0]

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #16 - 3 pages) (PR# 3591)

17. Memorandum of Agreement for the US 15-501 Transit Corridor

To authorize the City Manager to execute the Memorandum of Agreement for the US 15-501 Transit Corridor; and

To authorize the City Manager to make minor non-substantive changes consistent with the general objectives of the agreement. [Approved – Vote 7/0]

(Resource Person: Andy Henry – 4366) (Attachment #17 - 23 pages) (PR# 3621)

18. Contract ST-227 Street Improvements

To authorize the City Manager to execute contract ST-227 for Street Improvements with Thalle Construction Company, Incorporated in the amount of $4,397,930.50;

To establish a contingency fund in the amount of $590, 442.80 (13.43%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $590,442.80 and the total project cost does not exceed $4,988,373.30.

Note: At the request of the City Manager, this item was referred back to the administration – Public Works Department.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #18 - 3 pages) (PR# 3625)

19. Professional Engineering Services for Pavement Condition Survey

To authorize the City Manager to execute a contract with MACTEC Engineering and Consulting Incorporated in an amount not to exceed $49,952.00 for professional services to perform a Pavement Condition Survey for the City of Durham; 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 approved by the City Council. [Approved – Vote 7/0]

(Resource Person: Douglas D. Vaughn – 4326 ext. 287) (Attachment #19 - 2 pages) (PR# 3626)

20. Hock Plaza Public Storm Sewer System Contract

To adopt an ordinance amending the Stormwater Improvement Project Ordinance, Fiscal Year 2006-07, as amended, the same being Ordinance #13288; and

To authorize the City Manager to negotiate and execute a contract with Hock Plaza II, LLC in an amount up to $1,500, 000.00 for the storm sewer system improvements within Pratt Street and Douglas Street. [Approved – Vote 7/0]

(Resource Person: Paul J. Wiebke – 4326 ext. 239) (Attachment #20 - 6 pages) (PR# 3632)

21. Knuckle Boom Truck Replacement Plan

To authorize the City Manager to declare three (3) Chevrolet/Hol-Mac knuckle boom trucks with cabs (Fleet Numbers 34303, 34304, and 34305) as surplus and post the trucks in an electronic auction on Govdeals.com. [Approved – Vote 7/0]

(Resource Person: Donald Long – 4682) (Attachment #21 - 2 pages) (PR# 3486)

22. Engineering Services for Repairs to the Little River Dam

To adopt a resolution exempting engineering services for the Little River Dam Repair Project from G.S. 143-64.31;

To authorize the City Manager to execute a contract with Hazen and Sawyer for engineering services in an amount not to exceed $197, 470.00 for the Little River Dam Repair Project; 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 approved by City Council. [Approved – Vote 7/0]

(Resource Person: Nancy Newell – 4381) (Attachment #22 - 47 pages) (PR# 3571)

23. Contract SR-45 – East Durham Outfalls, Phase II

To authorize the City Manager to execute a contract with Reynolds In-liner, LLC for Contract SR-45 East Durham Outfalls Phase II in the amount of $548,892.00;

To establish a contingency fund for Contract SR-45 of $54,888.00; and

To authorize the City Manager to negotiate change orders for Contract SR-45 provided that the cost of all change orders does not exceed $54, 888.00 and the total project cost does not exceed $603,780.00. [Approved – Vote 7/0]

(Resource Person: Donald Greeley – 4381) (Attachment #23 - 3 pages) (PR# 3619)

24 – 28. These items can be found on the General Business Agenda – Public Hearings.

33. Hollow Rock Planning Committee – Appointment

To appoint Council Member Mike Woodard to the Hollow Rock Planning Committee. [Approved – Vote 7/0]

(Resource Person: D. Ann Gray - 4166)

[General Business Agenda – Public Hearings]

24. Plan Amendment — Lowe's of South Durham (A06-03)

To receive public comments on the Lowe's of South Durham (A06-03) 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 Medium Density Residential (6-12 DU/Ac.) to Commercial and Institutional.

Mayor Bell was excused from voting on this item by Council due to conflict of interest.

Approved [Vote 5/1/] Ayes: Mayor Pro Tempore Cole-McFadden and Council Members Brown, Clement, Stith and Woodard. Noes: Council Member Catotti.

Mayor Bell also abstained from voting on the item after being excused from voting by Council due to the financial interest announced earlier.

Staff Recommendation: Denial, based on lack of justification and not meeting one of the criteria for plan amendments.

Planning Commission Recommendation: Approval, 8-3, based on the proposed designation being appropriate for this location.

(Resource Person: Frank M. Duke, AICP – 4137 ext. 213) (Attachment #24 - 12 pages) (PR# 3629)

25. Unified Development Ordinance (UDO) Text Amendment - Chain-Link Fencing (TC06-19)

To receive public comments on the Unified Development Ordinance (UDO) Text Change - Chain-link Fencing (TC06-19); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 9 to repeal the provisions restricting use of chain-link fences. [Approved – Vote 7/0]

(Resource Person: Frank M. Duke, AICP – 4137 ext. 213) (Attachment #25 - 4 pages) (PR# 3623)

26. Initial Zoning Map Change – Triangle Metro Center (Z06-61A)

To receive public comments on the initial zoning map change for Triangle Metro Center (Z06-61A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish OI(D), CC(D), IL, RU-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 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. [Approved – Vote 7/0]

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 north of Hopson Road, east and west of Davis Drive. PIN's 0737-02-96-7491, 0737-02-96-8491, 0737-02-96-7380, 0737-02-96-7188, 0737-02-96-8294, 0747-01-06-0400, 0747-01-06-1334, 0747-01-06-2382, 0747-01-06-3373, 0747-01-06-1137, 0747-01-06-2281, 0747-01-06-3281, 0747-03-14-2755]

(Resource Person: Frank M. Duke, AICP – 4137 ext. 213) (Attachment #26 - 8 pages) (PR# 3598)

27. Initial Zoning Map Change – Simko Property (Z06-21A)

To receive public comments on the initial zoning map change for Simko Property (Z06-21A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish RR and IP 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. [Approved – Vote 7/0]

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, 14-0 on November 12, 2006. The Planning Commission finds that the ordinance request is not 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 and comments received during the public hearing.

[The site is located on the east side of Page Road, south of Wind River Parkway and north of Smallwood Drive. PINs: 0758-02-58-6254 and 0758-67-3847 (City of Raleigh)]

(Resource Person: Frank M. Duke, AICP – 4137 ext. 213) (Attachment #27 - 8 pages) (PR# 3597)

28. Initial Zoning Map Change – Junction Road Property (Z06-65A)

To receive public comments on the initial zoning map change for Junction Road Property (Z06-65A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish RS-M(D), RS-10(D), RS-8(D), IL, RS-20 and RS-8 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. [Approved – Vote 7/0]

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 side of Junction road, north of Lakecrest Drive and Independence Avenue, south of Clayton Road, and west of Woodland Park Drive. PINs 0841-02-69-9405, -78-8940, 88-0643, -0563; 0841-07-59-7248, -58-7440 (partial)]

(Resource Person: Frank M. Duke, AICP – 4137 ext. 213) (Attachment #28 - 9 pages) (PR# 3596)

[Supplimental Agenda]

[Adjournment]