1. Approval of City Council Minutes
To approve City Council minutes for the February 18, 2008 City Council Meeting; and
To approve City Council action taken at the February 7, 2008 City Council Work Session.
(Resource Person: D. Ann Gray – 4166)
(PR# 4806) 2. 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, 2009.
(Due to a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages)
(PR# 4779) 3 (a). Durham Performing Arts Center Oversight Committee – Receipt and Acceptance of Applications and Appointments
To appoint the following citizens to the Durham Performing Arts Center Oversight Committee:
Mary Ann Black representing Community Relations (term expires March 1, 2011)
Sherry Devries representing Arts & Culture (term expires March 1, 2011)
Kenneth Lile representing Facility Management (term expires March 1, 2011)
Donna Sylver representing Finance (term expires March 1, 2010)
Note: This is a newly established board. At the Work Session on March 6, 2008, Ms. Black received seven (7) votes, Ms. Devries received six (6) votes, Mr. Lile received seven (7) votes and Ms. Sylver received seven (7) votes.
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 41 pages)
(PR# 4780) 3 (b). This item can be found on the General Business Agenda.
4. Durham Area Transit Authority Board of Trustees - Appointments
To reappoint Rita Gregory and Robert A. Olason and to appoint Susan L. Brooks to the Durham Area Transit Authority Board of Trustees as Regular Members with terms to expire on March 1, 2011.
Note: At the Work Session on March 6, 2008, Ms. Gregory received five (5) votes, Mr. Olason received six (6) votes and Ms. Brooks received five (5) votes.
(Due to the terms expiring of Rita Gregory, Baldwin H. Gammage, and Robert Olason)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 8 pages)
(PR# 4783) 5. Durham Bicycle and Pedestrian Advisory Commission - Appointment
To appoint Lilah Besser to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2010.
Note: At the Work Session on March 6, 2008, Ms. Besser received five (5) votes.
(Due to the expired term of Peter J. Schubert)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 5 pages)
(PR# 4784) 6. Capital Program Advisory Committee - Appointments
To appoint citizens to fill three (3) vacancies on the Capital Program Advisory Committee to represent PAC 3, PAC 4 and PAC 5 with the terms to expire on March 31, 2010.
Note: This item was referred back to City Clerk's Office for readvertising.
(Due to the terms expiring of Keith D. Burns, Harold L. Chestnut and Charles D. Watts, Jr.)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 8 pages)
(PR# 4785) 7. Durham Planning Commission - Appointment
To appoint Jarrod B. Edens to fill one (1) vacancy on the Durham Planning Commission to represent At-Large with the term to expire on June 30, 2009.
Note: At the Work Session on March 6, 2008, Mr. Edens received five (5).
(Due to the resignation of Harry Dawley)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 5 pages)
(PR# 4786) 8. Capital Program Advisory Committee - Reappointment
To reappoint John Steer to the Capital Program Advisory Committee with a term to expire on March 31, 2011.
(Note: According to City Council Procedures, when a term with six (6) months or less remaining is filled, then at the expiration date of the term the name of the appointee will be submitted to the City Council for nomination for reappointment, and/or publicizing of vacancy.)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 2 pages)
(PR# 4787) 9. Street Closing - A Portion of Rustica Drive between Ed Cook Road and South Alston Avenue (SC07-11)
To adopt a resolution to set a public hearing for April 21, 2008 on the proposed closing of a 1,412.33 linear foot portion of Rustica Drive between Ed Cook Road and South Alston Avenue.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #9 - 6 pages)
(PR# 4800) 10. Right-Of-Way Closing – Excess Right-of-Way for Martin Luther King, Jr. Parkway (SC07-12)
To adopt a resolution to set a public hearing for April 21, 2008 on the proposed closing of excess right-of way for Martin Luther King, Jr. Parkway between Industry Lane and Fayetteville Road.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #10 - 6 pages)
(PR# 4801) 11. Water Extension Agreement with D Eight Corporation to Serve Cook Road Townhomes
To authorize the City Manager to enter into a Water Extension Agreement with D Eight Corporation to serve Cook Road Townhomes; and
To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.
(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #11 - 9 pages)
(PR# 4778) 12. Sewer Extension Agreement with Luis Felipe Deharo Cruz
To authorize the City Manager to enter into a Sewer Extension Agreement with Luis Felipe Deharo Cruz to serve 110 Pleasent Drive; and
To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.
(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #12 - 10 pages)
(PR# 4771) 13. Water and Sewer Extension Agreement with Sherron Road Ventures, LLC to Serve Ravenstone III
To authorize the City Manager to enter into a Water and Sewer Extension Agreement with Sherron Road Ventures, LLC to serve Ravenstone III; and
To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.
(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #13 - 11 pages)
(PR# 4814) 14. Water and Sewer Extension Agreement with East Durham Land Company, LLC to serve DOC Nichols Subdivision
To authorize the City Manager to enter into a Water and Sewer Extension Agreement with East Durham Land Company, LLC to serve Doc Nichols Subdivision; and
To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.
(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #14 - 11 pages)
(PR# 4815) 15. Recodifying the City Code and Adopting a Fee Booklet
To adopt an Ordinance Repealing the 1982 City Code and Adopting a Revised City Code;
To adopt an Ordinance Making Corrections to and to Fill Omissions in the 2008 City Code;
To adopt an Ordinance Adopting the Fee Booklet;
To adopt an Ordinance Amending Section 50-86 of the City Code with Respect to Penalties for Violation of the Taxicab Ordinances; and
To adopt a Resolution Revising Resolution Establishing Fees, Rates and Charges on Certain Delinquent and Past Due Accounts.
(Resource Person: Richard Weintraub – 4158) (Attachment #15 - 84 pages)
(PR# 4825) 16. Housing for New Hope 2007-08 ESG Sub-recipient Contract
To authorize the expenditure of ESG funds in an amount not to exceed $47,643.00; To authorize the City Manager to execute an ESG Sub-recipient Agreement with Housing for New Hope, Inc. to manage their homeless prevention program; and
To authorize the City Manager make changes to the documents that do not increase the contract amount, lessen the sub-recipient's duties, or extend the term of the contract beyond a date that is 12 months from the date of final execution of this contract.
(Resource Person: Susan Solakian – 4570 ext. 250) (Attachment #16 - 33 pages)
(PR# 4797) 17. Naming Rights Agreement for the Stage of Durham Performing Arts Center
To authorize the City Manager to execute the "Letter of Intent: Naming Rights Sponsorship of the stage at the DPAC", in the amount of $1,200,000.00 million to be paid by Robert D. Teer, Jr. on behalf of the Teer Family over a 10 year period;
To authorize the City Manager to enter into contract negotiations to finalize the agreement; and
To authorize the City Manager to make modifications to the Letter of Intent so long as the modifications do not increase the dollar amount or decrease the scope of services provided to the City.
(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #17 - 20 pages)
(PR# 4810) 18. Continuation of the Ordinance to Promote Equal Business Opportunities in City Contracting and the Equal Business Opportunity Program Advisory Committee
To adopt an ordinance to extend the sunset of the current Ordinance to Promote Equal Business Opportunities in City Contracting, Chapter 26 of the City Code known as the Equal Business Opportunity Program(EBOP) until March 31, 2010; and
To extend the term of the EBOP Advisory Committee and its duties as they appear in Resolution #9021 until March 31, 2010.
(Resource Person: Deborah Giles – 4180 ext. 243) (Attachment #18 - 3 pages)
(PR# 4774) 19. Bid Report - January 2008
To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of January 2008.
(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #19 - 9 pages)
(PR# 4775) 21. Annual Insurance Plan 2008-2009
To authorize the City Manager to maintain the general insurance plan as attached;
To authorize the City Manager to make modifications as may be needed provided they are consistent with the City's overall risk management and financial objectives;
To authorize the City Manager to make additional insurance purchases throughout the year, as needed for special event, lease and contract requirements, new programs, and builders risk insurance; and
To authorize the City Manager to pay total premiums not to exceed $750,470.00 to maintain the Annual Insurance Plan beginning April 1, 2008.
(Resource Person: Darwin Laws – 4622) (Attachment #21 - 5 pages)
(PR# 4817) 23. Ordinance Amending Durham City Code Chapter 23 Article VI., Water Conservation Containing Drought Response Measures for Permitting and Construction Activities, and to Make Other Miscellaneous
To adopt an Ordinance Amending Durham City Code Chapter 23, Article VI., Water Conservation, Section 23-163 et seq. to establish additional conservation and water use restrictions permitting and construction activities, and to make other miscellaneous changes in the conservation ordinance.
(Resource Person: Theodore L. Voorhees – 4222) (Attachment #23 - 8 pages)
(PR# 4826) 24. Wal-Mart Crime Prevention Grant Award
To authorize the City Manager to accept the Wal-Mart Crime Prevention Grant by executing the grant documents; and
To adopt the Wal-Mart Crime Prevention Grant Project Ordinance in the amount of $1,000.00.
(Resource Person: Jim Bjurstrom – 4322) (Attachment #24 - 2 pages)
(PR# 4816) 25. Pass-Through Agreements with the Town of Chapel Hill and TTA for Allocation, Disbursement and Accounting of Sections 5316 and 5317 Funds
To authorize the City Manager to execute the Pass-through Agreements with the Town of Chapel Hill and the Triangle Transit Authority (TTA) for the allocation, disbursement and accounting of the Section 5316, JARC and Section 5317, NF funds; and
To authorize the City Manager to make modifications to the agreements provided that the modifications do not differ from the original intent of the agreements and do not increase the City's financial obligation.
(Resource Person: Felix Nwoko – 4366) (Attachment #25 - 25 pages)
(PR# 4756) 26. City of Durham and NCDOT FY 2007-2008 Transportation Planning Grant Project Ordinance Superseding "Transportation Planning Grant Project Ordinance #13432"
To authorize the City Manager to accept the City of Durham and the North Carolina Department of Transportation-Section 104(f) and Section 133(b)(3)(7) Transportation Planning Grant Project Ordinance-FY 2007-2008 Grant by executing the grant documents; and
To adopt the City of Durham and the North Carolina Department of Transportation-Section 104(f) and Section 133(b) (3) (7) Transportation Planning Grant Project Ordinance-FY 2007-2008 grant project ordinance superseding Grant Project Ordinance #13432. (Resource Person: Felix Nwoko – 4366) (Attachment #26 - 7 pages)
(PR# 4795) 27. Job Access Reverse Commute (JARC) and New Freedom (NF) Grant Project Ordinance
To authorize the City Manager to accept the JARC (Section 5316) and NF (Section 5317) Grant by executing the grant documents; and
To adopt the JARC (Section 5316) and NF (Section 5317) Grant Project Ordinance.
(Resource Person: Felix Nwoko – 4366) (Attachment #27 - 4 pages)
(PR# 4799) 28. Dumpster Rental and Repair Services Contract
To authorize the City Manager to execute a contract between the City of Durham and Tidewater Fibre Corp to provide dumpster rental and repair services for a period of three years effective April 15, 2008 and ending April 14, 2011; and
To authorize the City Manager to modify the contract if necessary prior to execution, provided the modifications do not increase the amount of the contract and are consistent with the general intent of the version of the contract approved by City Council.
(Resource Person: Donald M. Long – 4186 ext. 222) (Attachment #28 - 15 pages)
(PR# 4808) 29. Microsoft Business Intelligence Technology Proof of Concept
To authorize the City Manager to execute a work order agreement with Microsoft Corporation for Business Intelligence Technology proof of Concept in the amount of $89,112.00; 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: Michiyo Wagner – 4057) (Attachment #29 - 26 pages)
(PR# 4809) 31 - 34. These items can be found on the General Business Agenda – Public Hearings.
35. This item can be found on the General Business Agenda.
37. This item can be found on the General Business Agenda.
39. This item can be found on the General Business Agenda.
31. Voluntary Annexation Petition Received by January 1, 2008
To receive citizens' comments concerning the annexation of the following Voluntary Annexation Area:
a) FY2008-10 Duke Lemur Center
To adopt "An Ordinance Annexing to the City of Durham" the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31.
Effective from and after June 30, 2008.
(Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #31 - 6 pages)
(PR# 4813) 32. Street, Parks and Recreation and Open Space Impact Fee Revisions
To conduct a public hearing and receive public comments on the proposed changes to the Street, Parks and Recreation and Open Space Ordinance (Durham City Code – Chapter 25) on March 17, 2008; and
To adopt a revised Street, Parks and Recreation and Open Space Ordinance (Durham City Code Chapter 25).
(Resource Person: Julie Brenman – 4111 ext. 282) (Attachment #32 - 32 pages)
(PR# 4804) 33. Zoning Map Change – Joven Northeast Creek Revisions (Z07-46)
To conduct a public hearing and receive public comments on the zoning map change for Joven Northeast Creek Revisions (Z07-46);
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 Z07-46 out of IL(D), PDR 4.840 and placing same in and establishing same as IL(D), PDR 4.840; 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, 9-2 on February 12, 2008. 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 and comments received during the public hearing.
[The site is located north of Ellis Road, east of NC 147, and south of Stone Road. PIN: 0749-01-37-5402, -47-0390]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #33 - 14 pages)
(PR# 4794) 34. Unified Development Ordinance (UDO) Text Amendment – Technical Changes IV (TC07-13)
To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Technical Changes IV (TC07-13); and
To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 3, Applications and Permits, Article 4, Zoning Districts, Article 5, Use Regulations, Article 6, District Intensity Standards, Article 7, Design Standards, Article 8, Environmental Protection, Article 9, Landscaping and Buffering, Article 10, Off-Street Parking and Loading, Article 11, Sign Standards, Article 12, Infrastructure and Public Improvements, Article 13, Additional Requirements for Subdivisions, Article 14, Nonconformities, Article 15, Enforcement, and Article 16, Definitions.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #34 - 27 pages)
(PR# 4807) 
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