City Council meeting Tuesday

Because of the Martin Luther King Jr. holiday this week's City Council meeting will be on Tuesday, at 7pm, at City Hall. 

 

Item 25, regarding rezoning for Finsbury II in RTP, is in NE Creek's basin, and is between Burdens and Kit creeks.  NE Creek Stream Watch meets this Wednesday at 7pm at the Parkwood Branch Library.   

 

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. Approval of City Council Minutes

To approve City Council minutes for the December 3, 2007 City Council Meeting; and

To approve City Council action taken at the November 20, 2007 and December 6, 2007 City Council Work Sessions.

(Resource Person: D. Ann Gray – 4166) (PR# 4649)

2. Durham Performing Arts Center Oversight Committee – Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill five (5) vacancies on the Durham Performing Arts Center Oversight Committee.

Note: This is a newly established board.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 22 pages) (PR# 4634)

3. Durham Cultural Master Plan Advisory Committee – Receipt and Acceptance of Applications

To receive and accept applications for a citizen to fill (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 #3 - 7 pages) (PR# 4653)

4. Citizens Advisory Committee – Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Citizens Advisory Committee with the term to expire on June 30, 2008.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 3 pages) (PR# 4655)

5. Bids – Term Contract for Bioxide® (216,000 Gallons)

To accept the bid from Siemens Water Technologies Corporation of Sarasota, Florida in the amount of $442,800.00 for providing the City with its estimated two (2) years requirements for Bioxide®;

To authorize the City Manager to enter into a contract with Siemens Water Technologies Corporation of Sarasota, Florida in the amount of $442,800.00 for providing the City with its estimated two (2) years requirements for Bioxide®; 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 and Lynette McRae – 4132) (Attachment #5 - 5 pages) (PR# 4654)

6. Bid Report - November 2007

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of November 2007.

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #6 - 5 pages) (PR# 4652)

7. Water and Sewer Extension Agreement with Rudy Griffin, Sara Griffin, Ernest Edenfield and Rita Edenfield, Individuals to Serve 5725 Blue Spruce Drive

To authorize the City Manager to enter into a water and sewer extension agreement with Rudy Griffin, Sara Griffin, Ernest Edenfield and Rita Edenfield, Individuals (5725 Blue Spruce Drive); and

To authorize the City Manager to modify the contract prior to execution provided that such modifications do not increase the dollar amount of the Contract and do not significantly decrease the obligations of the Contractor.

(Resource Person: Robert N. Joyner – 4326) (Attachment #7 - 10 pages) (PR# 4627)

8. Durham Performing Arts Center – 1st Amendment to Development Agreement with ACPA, LLC and 2nd Amendment to Naming Rights Agreement with Sports and Properties, Inc.

To authorize the City Manager to execute Amendment 1 to Development Management Agreement;

To authorize the City Manager to execute Amendment 2 to Naming Rights Sponsorship Services Agreement;

To adopt a Resolution to Share Minor Components Naming Rights Funds; and

To authorize the City Manager to modify both contracts 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 #8 - 25 pages) (PR# 4660)

9. Reimbursement Resolution for Equipment Financing

To adopt a resolution declaring the intent of the City to reimburse itself for capital expenditures incurred in connection with the acquisition of general governmental equipment from the proceeds of certain tax-exempt obligations to be executed and delivered during calendar year 2008.

(Resource Person: Ken Pennoyer – 4455 ext. 224) (Attachment #9 - 6 pages) (PR# 4656)

10. Changes to Billing and Collections Practices

To adopt a resolution to establish fees, rates and charges on certain past due City general billing accounts; and

To amend Section 23-40 (a) (2) of the Durham City Code to change the current application of the deposit from $50.00 for the first cut off and $25.00 for each additional cut off up to $200.00 to $50.00 for each scheduled cut off up to $200.00.

(Resource Person: Ken Pennoyer – 4455 ext. 224) (Attachment #10 - 7 pages) (PR# 4661)

11. HUD Cooperative Grant Funding 2007-2008 and HUD Cooperative Training Funds 2007-2008

To authorize the City Manager to accept the City of Durham North Carolina and the U.S. Department of Housing and Urban Development (HUD) Cooperative Agreement Funds by executing the grant documents; and

To adopt the City of Durham Grant Project Ordinance in the amount of $45,126.00 and the additional Grant Project Ordinance in the amount of $6,800.00 for a total award of $51,926.00.

(Resource Person: Delilah Donaldson – 4107 ext. 246) (Attachment #11 - 5 pages) (PR# 4626)

12. Use of Controlled Substance Tax Distribution Funds and Federal Asset Forfeiture Funds

To authorize the Use of Controlled Substance Tax Distribution Funds and Federal Asset Forfeiture Funds in an amount not to exceed $396, 100.00 for the Purchase of Equipment to be used in Police Operations and Investigations.

(Resource Person: Steve Mihaich – 4322) (Attachment #12 - 9 pages) (PR# 4644)

13. Ian McLaurin Davis Homicide Reward

To authorize the City Manager to accept the Ian McLaurin Davis Homicide Reward by executing the documents; and

To adopt the Ian McLaurin Davis Reward Project Ordinance in the amount of $10, 000.00.

(Resource Person: Chris Allen – 4440) (Attachment #13 - 3 pages) (PR# 4648)

15. Contract for Construction Management Services for ST-228 (Resurfacing of Streets)

To authorize the City Manager to execute a contract for Construction Management Services for ST-228 (Resurfacing of Streets) with Greenhorne and O'Mara in the amount not to exceed $510, 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: Edward R. Venable – 4326 ext. 233) (Attachment #15 - 3 pages) (PR# 4642)

16. Contract Amendment Three Downtown Improvements Phases I & II Time Extensions

To approve time extensions until December 31, 2008 with both Triangle Grading & Paving, Incorporated and Kimley-Horn & Associates and for the continued use of Parking Lot #30 as a contractor staging area; and

To authorize the City Manager to amend the construction and the administration and inspection services contracts for the completion of this project; 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: Edward R. Venable – 4326 ext. 233) (Attachment #16 - 3 pages) (PR# 4647)

17. Cost Share Purchase of Little River Watershed Property

To authorize the City Manager to enter into a contract with Durham County to provide $138,500.00 for the purchase of land in the Little River Watershed, consistent with the information included in the attachments and with the City's goal of maintaining strict development limitations over the property and having the legal right to enforce those limitations; 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: Nancy Newell – 4381) (Attachment #17 - 10 pages) (PR# 4643)

18. Amendment to Contract for Water and Wastewater Sludge Removal, Land Application and Associated Services

To authorize the City Manager to amend the existing contract with Synagro Southeast, Inc., to include mechanical dewatering technologies, i.e. belt presses, for processing water treatment plant residuals;

To authorize the City Manager to execute the amended contract in the amount of $341,400.00 which includes the $7,500.00 mobilization fee plus the removal, dewatering, hauling and disposal costs of approximately 700 dry tons of treatment residuals at a cost of $477.00 per dry ton.

(Resource Person: Renee C. Lawrence – 4381) (Attachment #18 - 7 pages) (PR# 4621)

19. SR-36 Point Repairs Amendment #1

To authorize the City Manager to execute a Contract Amendment #1 with Billings & Garrett, Inc., of Raleigh, North Carolina for Contract SR-36, in the amount of $435,000.00 ; 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: James E. Harding – 4381 ext. 260) (Attachment #19 - 6 pages) (PR# 4651)

22 – 27. These items can be found on the General Business Agenda – Public Hearings.

28. Attorney for Rhein Interests of Raleigh, LLC

To adopt a Resolution Granting Rhein Interests of Raleigh, LLC Request to Relocate Unknown Family Cemetery Pursuant to N.C.G.S. 65.13.

(Resource Person: Koury L. Hicks – 919-544-0092) (Attachment #28 - 4 pages) (PR# 4665)

[General Business Agenda – Public Hearings]

Assessments and Improvements

22. Ordering Petitioned Improvement

To receive public comments; and

To adopt a resolution ordering Water Main on Ardmore Drive from Cook Road to West Property Line of PIN 0820-18-41-3473.

(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326) (Attachment #22 - 2 pages) (PR# 4632)

23. Ordering Petitioned Improvement

To receive public comments; and

To adopt a resolution ordering Curb, Gutter and Paving and Water and Sewer Laterals on Winburn Avenue from Amberly Drive to Watson Road.

(Resource Persons: R. Lee Murphy and Nathan L. McHenry – 4326) (Attachment #23 - 2 pages) (PR# 4633)

24. FY 2008-2009 Annual Action Plan "Needs"

To conduct a public hearing on the FY 2008-2009 Annual Action Plan "Needs" and receive public comments related to community development needs.

(Resource Person: Juanita Massenburg – 4570 ext. 240) (Attachment #24 - 2 pages) (PR# 4629)

25. Zoning Map Change – Finsbury II (Z07-25)

To conduct a public hearing and receive public comments on the zoning map change for Finsbury II (Z07-25);

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 Z07-25 out of SRP and placing same in and establishing same as RC(D); 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, 12-0 on November 13, 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 north side of Hopson Road, west side of Davis Drive and east of the future Triangle Parkway. PIN: 0737-01-96-8069 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 213) (Attachment #25 - 20 pages) (PR# 4628)

26. Street Renaming – Conover Road (SN0700003)

To approve a request submitted by Horvath Associates, PA, on behalf of Sherron Road Ventures, to rename 307.76 linear feet of an unopened public right-of-way from Conover Road to Wenham Drive located partially within a single family subdivision, zoned RS-10(D), RR and F/J-B.

[The right-of-way is located south of Bookman Street, west of Wenham Drive and east of Bandcock Drive.]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 213) (Attachment #26 - 5 pages) (PR# 4645)

27. Street Renaming – Wenham Drive (SN07-04)

To approve a street renaming, submitted by Horvath Associates, PA, on behalf of Sherron Road Ventures, to rename a 1,482.51 linear feet segment of a public right-of-way from Wenham Drive to Conover road, zoned RS-10(D) and F/J-B. [The right-of-way is located north of Rondelay Drive, east of Weathervane Drive and south of Hillview Drive.]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 213) (Attachment #27 - 5 pages) (PR# 4646)

[Adjournment]