City Council meeting Monday

Monday, February 18, 2008

City Council meeting Monday

I notice that the agenda includes an item on increasing options for restricting the use of water by new developments, but later on there will be another hearing regarding the large Jordan at Southpointe residential project. That development might be one of the main reasons for the water restrictions discussion, based on the discussion the last time Jordan at Southpointe came up, over what to do if this development and others want to connect to the water mains, but the drought is still going on.

Another item seems to be about resuming public access use of channel 8, though I think I saw a religious program on it earlier. I thought something was going on. so that it was a government only channel for the past few months.

City Council agenda

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 January 22, 2008 City Council Meeting;

To approve minutes for the November 28, 2007 Special City Council Meeting; and

To approve minutes for the December 20, 2007 Joint Meeting of the Durham City Council and Durham Board of County Commissioners.

(Resource Person: D. Ann Gray � 4166) (PR# 4726)

2. Human Relations Commission - Appointment

To appoint Elizabeth Drogin to fill one (1) vacancy on the Human Relations Commission for a Non-Minority Female with the term to expire on June 30, 2008.

Note: At the Work Session on February 7, 2008, Ms. Drogin received seven (7) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks � 4166) (Attachment #2 - 3 pages) (PR# 4695)

3. Bid Report � December 2007

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

(Resource Persons: Joseph W. Clark and Lynette McRae � 4132) (Attachment #3 - 2 pages) (PR# 4708)

4. Resolution Authorizing the Semi-Annual City Auction

To adopt a resolution authorizing the Semi-Annual City Auction to be held on April 5, 2008 at 10:00 a.m.

(Resource Person: Joseph W. Clark and Lynette McRae � 4132) (Attachment #4 - 3 pages) (PR# 4709)

5. Construction of Fifteen Single-Family Units�Eastway Village Development - Phase III

To authorize the City Manager to execute a contract with Blue Ridge Enterprises Inc. for the construction of fifteen single-family units for Phase III of the Eastway Village development in an amount of $2,340,000.00;

To establish a contingency fund for the construction of fifteen single-family units for Phase III of the Eastway Village development project in the amount of $227,800.00;

To authorize the City Manager to execute any necessary change orders for the Eastway Village development contract provided the total cost of all changes orders does not exceed $227,800.00 and that the total project cost does not exceed $2,567,800.00;

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; 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 appropriation for Eastway Village by $2,304,800.00.

(Resource Person: Richard Valzonis � 4570 ext. 226) (Attachment #5 - 65 pages) (PR# 4716)

6. This item can be found on the General Business Agenda.

7. Amendment to One Provision of Attachment B of each of the Permanent Loan Agreements between Stewart Heights LLC, Stewart Square LLC, Stewart Circle LLC and the City of Durham

To authorize the City Manager to execute an Amendment to the existing Loan Agreements for Stewart Heights LLC and Stewart Square LLC to add clarifying language to Attachment B; and

To authorize the City Manager to execute the previously approved Loan Agreement with Stewart Circle LLC, adding the clarifying language to Attachment B.

(Resource Person: Shepherd Smith � 4570 ext. 227) (Attachment #7 - 6 pages) (PR# 4715)

8. This item can be found on the General Business Agenda.

10. Second Amendment - Training for Success Contract for WIA Youth Services

To authorize the City Manager to execute the Second Amendment to the Workforce Investment Act Contract for Youth Services with Training for Success, Inc.; and

To authorize the City Manager to modify the contract provided that the modifications do not increase the dollar amount and that the modifications do not decrease the delivery of services to the City.

(Resource Person: Kevin Dick � 4965 ext. 219) (Attachment #10 - 6 pages) (PR# 4727)

11. Wal-Mart Safe Neighborhood Heroes Grant Award

To authorize the City Manager to accept the Wal-Mart Safe Neighborhood Heroes Grant by executing the grant documents; and

To adopt the Wal-Mart Safe Neighborhood Heroes Grant Project Ordinance in the amount of $1,000.00.

(Resource Person: Bruce T. Pagan, Jr., - 4242 ext. 222) (Attachment #11 - 3 pages) (PR# 4698)

12. Lease and License Agreement with Sprintcom, Inc.

To authorize the City Manager to execute the Lease and License Agreement with Sprintcom, Inc. to attach Cellular Antenna to Ellis Road Water Tank, 801 Ellis Road, Parcel ID #S 156775 and 156779; and

To authorize the City Manager to make changes to the agreement provided such changes do not materially affect the intent and purpose of the agreement.

(Resource Person: David Fleischer � 4197 ext. 288) (Attachment #12 - 18 pages) (PR# 4719)

13. Contract Extension for Durham Bulls Athletic Park Cleaning

To authorize the City Manager to execute a contract extension with Sparkle and Shine Cleaning Services, Inc. for janitorial services at the Durham Bulls Athletic Park in the amount of $499,056.98 for the period beginning April 1, 2008 through September 30, 2009; 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.

(Resource Person: Harmon E. Crutchfield � 4197 ext. 239) (Attachment #13 - 5 pages) (PR# 4725)

15. Supplemental Agreement No. 2 between the North Carolina Department of Transportation (NCDOT) and the City of Durham for the Removal and Replacement of the Existing Pedestrian Bridge Crossing Over the Durham Freeway (NC 147) at Alston Avenue

To adopt a resolution to amend North Carolina Department of Transportation Agreement U-4445; and

To authorize the City Manager to execute Supplemental Agreement No. 2 for an extension of time of seven (7) years to complete North Carolina Department of Transportation Project U-4445 by December 23, 2010 for the Pedestrian Bridge across NC 147 (the Durham Freeway) between Bacon Street and Alston Avenue.

(Resource Person: Edward R. Venable � 4326 ext. 233) (Attachment #15 - 5 pages) (PR# 4712)

16. Contract Amendment SW-20 Hillandale Road Sidewalk

To authorize the City Manager to execute a contract amendment to increase the contract for SW-20 Hillandale Road Sidewalk with Holmes Contracting, Incorporated to $65,482.65; 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.

(Resource Person: Edward R. Venable � 4326 ext. 233) (Attachment #16 - 2 pages) (PR# 4718)

17. Conservation Easement Deed and Plat for Ellerbe Creek Stream Restoration Project in Northgate Park

To authorize the Mayor to execute the conservation easement deed and plat for the Ellerbe Creek Stream Restoration Project in Northgate Park, and to authorize the City Manager to execute any associated agreements related to the project; and

To authorize changes to the conservation easement deed, plat and/or associated agreements provided such changes do not increase the City's obligations, or substantially modify the intent or the material conditions of the project to the detriment of the City.

(Resource Person: Paul Wiebke � 4326 ext. 239) (Attachment #17 - 18 pages) (PR# 4720)

18. ESRI Software Maintenance Services

To authorize the City Manager to purchase the renewable software maintenance service provided by Environmental Systems Research Institute, Inc. in the amount of $92,899.00 to cover the period of one year; and

To authorize the City Manager to modify the agreement before execution provided that modifications do not increase the dollar amount and the modifications are consistent with the general intent of the existing version of the agreement.

(Resource Person: Marcus Bryant � 4122 ext. 249) (Attachment #18 - 12 pages) (PR# 4705)

22 - 24. These items can be found on the General Business Agenda � Public Hearings.

31. This item can be found on the General Business Agenda.

32. Water and Sewer Extension Agreement with Durham Public Schools Board of Education to Serve Durham Elementary School B

To authorize the City Manager to enter into a water and sewer extension agreement with Durham Public Schools Board of Education (For Durham Elementary School B); 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 ext. 229) (Attachment #32 � 11 pages) (PR# 4764)

33. This item can be found on the General Business Agenda.

[General Business Agenda]

6. Sub-recipient Contract between Durham County (For the Operation of a Program for Durham County Criminal Justice Resource Center) and the City of Durham

To authorize the expenditure of '07-'08 CDBG funds in an amount not to exceed $69,606.00 and the expenditure of reallocated '06-'07 CDBG funds in an amount not to exceed $8,556.52 to fund the Durham County Criminal Justice Resource Center's Project Restore;

To reallocate the remaining $8,556.52 of '06-'07 CDBG funds to be spent during the '07-'08 fiscal year on this project;

To authorize the City Manager to execute a sub-recipient contract with Durham County for the Durham County Criminal Justice Resource Center to conduct two (2) cycles of Project Restore in the amount of $78,162.52; and

To authorize the City Manager to modify the Contract and other related documents before execution, provided that the modifications do not increase the dollar amount of the Contract and do not lessen the obligations of the contractor.

(Resource Person: Shepherd Smith � 4570 ext. 227) (Attachment #6 - 26 pages) (PR# 4713)

8. Durham Affordable Housing Coalition FY 2007-2008 Sub-recipient Agreement

To authorize the City Manager to execute a performance based sub-recipient contract with the Durham Affordable Housing Coalition in an amount not to exceed $76,000.00 from Community Development Block Grant funds (CDBG) to provide pre-purchase housing counseling, financial literacy housing counseling, and/or default delinquency housing counseling and perform rental project monitoring;

To authorize the retroactive payment of housing counseling services and rental project monitoring delivered by DAHC beginning February 1, 2008; and

To authorize the City Manager to make changes to the Contract which does not increase the agreement amount, lessen DAHC's duties, or extend the term of the agreement beyond February 1, 2009.

(Resource Person: Juanita B. Massenburg � 4570 ext. 240) (Attachment #8 - 22 pages) (PR# 4721)

31. Drought Response Measures for the Land Development and Construction Sector

To direct the City Manager to prepare an Ordinance to amend Durham City Code Article VI., Water Conservation, Section 23-163 et seq. for the purpose of establishing additional potential water use restrictions for the land development and construction sector.

(Resource Person: Theodore L. Voorhees � 4222 ext. 231) (Attachment #31 � 4 pages) (PR# 4769)

33. Time Warner Agreement for Airing of Programming

To authorize the City Manager to execute a contract with Time Warner, Inc., to air public access programming starting March 1, 2008 through June 30, 2008 at a monthly cost of $12,075.00 ($48,300.00);

To authorize the City Manager to execute an interlocal agreement with Durham County government to share half of the cost of the contract with Time Warner, $24,150.00 to air public access programming through June 30, 2008; 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 Council.

(Resource Person: Beverly T. Thompson � 4123) (Attachment #33 � 2 pages) (PR# 4770)

[General Business Agenda � Public Hearings]

22. Glenn View Station Initial (Z07-30A)

To conduct a public hearing and receive public comments on the initial zoning map change for Glenn View Station Initial (Z07-30A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish CG (D) and RR; F/J-B, MTC (partial) 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 south side of I-85, west of Glenn School Road, and north of East Geer Street. PINs 0842-02-69-1391, -7887, -68-7814, -78-0946, -79-1191, -2323, -2632, -1823]

(Resource Person: Steven L. Medlin, AICP � 4137 ext. 223) (Attachment #22 - 17 pages) (PR# 4687)

23. Jordan at Southpoint Initial (Z06-51A)

To conduct a public hearing and receive public comments on the initial zoning map change for Jordan at Southpoint Initial (Z06-51A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish RR; 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 south side of Scott King Road, east of NC 751, and north of the Chatham County line. PIN 0717-04-81-0412]

(Resource Person: Steven L. Medlin, AICP � 4137 ext. 223) (Attachment #23 - 10 pages) (PR# 4689)

24. Steel Blue/JT Properties Initial (Z07-33A)

To conduct a public hearing and receive public comments on the initial zoning map change for Steel Blue/JT Properties Initial (Z07-33A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish CG(D), CG, and RS-20; 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 side of South Miami Boulevard at the intersection of Marly Drive. PIN 0840-04-72-1155]

(Resource Person: Steven L. Medlin, AICP � 4137 ext. 223) (Attachment #24 - 10 pages) (PR# 4706)

[Adjournment]

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Monday, February 18, 2008