REVISED
(Addition—Announcement)
THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, March 10, 2008
County Commissioners' Chambers
200 East Main Street, Durham, North Carolina
AGENDA
"Public Charge"
The Board of Commissioners asks its members and citizens to conduct themselves in a respectful, courteous manner, both with the Board and fellow citizens. At any time, should any member of the Board or any citizen fail to observe this public charge, the Chairman will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chairman will recess the meeting until such time that a genuine commitment to the public charge is observed.
As a courtesy to others, please turn off cell phones during the meeting.
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7:00 P.M. Regular Session
1. Opening of Regular Session—Pledge of Allegiance 5 min.
2. Agenda Adjustments 5 min.
3. Announcement 5 min.
County Commission Chairman Ellen W. Reckhow was presented the Dorothy B. Graham Child Care Leadership Award at the Child Care Services Association's 8th Annual Triangle Child Care Awards Breakfast which was held on Friday,
March 7. Chairman Reckhow was chosen for the award "for making a difference in the lives of young children through leadership and advocacy for high quality child care". She was recognized for her leadership in establishing the Encore! Middle School After School Program, her efforts to obtain additional child care subsidies from the state when the County was running out of money in 2004; and her work to support the construction of the Jim and Carolyn Hunt Child Care Resources Center.
4. Recognition of a Durham Soil and Water Conservation District Supervisor for Being Awarded the Supervisor of the Year for North Carolina
5 min.
The Soil and Water Conservation Department requests that the BOCC recognize Soil and Water District Chairman Talmage Layton for his accomplishments at the county, state, and federal level. These accomplishments were recognized at the state level as he received the Supervisor of the Year Award for North Carolina. Each year, the NC Association of Soil and Water Conservation Districts recognizes a district supervisor who has made significant contributions to the conservation and proper management of North Carolina's natural resources. Mr. Layton has been a leader in conserving, enhancing, and promoting Durham's natural resources and in addition has established a record of outstanding contributions to the cause of conservation at the state and national levels. The Supervisor of the Year Award was presented in Asheville, NC on
January 6. Mr. Layton received a plaque during an awards ceremony before other District Supervisors and staff from across the state.
Resource Person(s): Eddie Culberson, Director of Soil and Water Conservation
County Manager's Recommendation: The Manager's recommendation is that the Board recognize and congratulate Mr. Layton for his accomplishments and contribution to the conservation program.
5. Social Work Month Proclamation
5 min.
The White House officially recognized National Professional Social Work Month in 1984. The National Association of Social Workers has used this annual recognition to educate the general public about the important role of social workers and to promote social issues. The theme for 2008 is Building on Strengths. Help Starts Here.
At the Durham County Department of Social Services, the social work staff builds on family strengths. The foundation for growth and change in an individual, family, and a community are their strengths. The "strength-based perspective" is central to the work done at DSS because it emphasizes resources, capabilities, support systems, and motivations to meet challenges and overcome adversity. The DSS staff believes "everyone has strengths" and it is one of our Six Principles of Partnership. At DSS, social workers help people find jobs and develop a career path; assess family strengths and develop plans to protect children from abuse and neglect; provide services to keep elderly and disabled adults safe from abuse, neglect, and exploitation and out of institutional care; provide access to crisis services that keep families from losing their homes and utilities; provide support to help children be ready for and succeed in school; and provide support and services to help people manage their medical care needs. Social workers invest in our community's human capital.
Resource Person(s): Chuck Harris, Assistant Director for Child Welfare and Adult Services and Sammy Haithcock, Director.
County Manager's Recommendation: Recommend approval of proclamation declaring Social Work Month in Durham County and to raise community awareness of the many ways DSS social workers build on strengths to invest in our community's human capital.
6. Consent Agenda 20 min.
a. Cultural Master Plan Spending Request: Public Art Planning Initiative (authorize the spending request for an additional $2,500 in the Cultural Master Plan to the Public Art Collaborative to further the development of a public art process);
b. Capital Project Amendment No. 08CPA000014—Appropriation of $234,411.50 of 2003 GO Bond Issuance Reserved Fund Balance for the Existing C. C. Spaulding Elementary Project (DC079), increasing the total project budget to $8,105,771.50;
c. Budget Ordinance Amendment No. 08BCC000062—Results Based Accountability Program Grant to Public Health (recognize $3,600 in RBA grant funds for Public Health);
d. Budget Ordinance Amendment No. 08BCC000063—Criminal Justice Resource Center—Recognize $3,540 Grant Revenue from the NC Department of Corrections, Justice Partnership;
e. Budget Ordinance Amendment No. 08BCC000065 and Interlocal Agreement—Recognize $15,000 in Funding from City of Durham for the joint funding of an Assistant District Attorney for Domestic Violence cases;
f. Approve Grant Application from the Criminal Justice Resource Center to the NC Department of Correction, Division of Community Corrections, for Criminal Justice Partnership Program Funds (this has been placed on your consent agenda as it is a recurring grant application and approval process the County participates in each year);
g. Request for Authorization to Enter into Contract with Advanced Imaging Systems (AIS) (authorize the Register of Deeds to enter into a contract with Advanced Imaging Systems to convert Real Estate Records);
h. Resolution Approving Lease between the Board of Education and Northgate Mall (approve the Resolution authorizing the operational lease between the Durham Public Schools Board of Education and Northgate Associates Limited Partnership for space located in Northgate Mall which will house the DPS Performance Learning Center);
i. Approve the Sale of County Surplus Property – 904 Ardmore Drive to Charles Clifford Kroner for $18,500; 811 & 813 Colfax Street to P.A.P.'s Custom Home Building for $6,000; and 215 Todd Street to Michael Hamblin for $3,500;
j. Hollow Rock/Duke Acquisition CWMTF Grant Agreement and Capital Project Amendment No. 08CPA000015—Appropriation of CWMTF Grant Funds ($1,000,000) and County Funds ($14,000) to Duke Acquisition Project (DC085) (appropriate CWMTF Grant Funds [$1,000,000] and County Funds [$14,000] to Duke Acquisition Project [DC085] for a total project budget of $1,564,000; authorize the Manager to execute the Grant Agreement; and authorize an interfund loan from the General fund to the capital project until the CWMTF reimbursement funds are received);
k. Revision to the 2007 Federal Farm and Ranchlands Protection Grant Cooperative Agreement (approve the Revised Cooperative Agreement between Durham County and Commodity Credit Corporation to add an additional $670,369 to the existing 2007 Cooperative Agreement and to authorize the County Manager to execute the Agreement);
l. Adoption of the Seven-Year Review and Updated Work Plan for the Downtown Master Plan;
m. Offer to Purchase 44 acres on Little River owned by Roger and Patti McClendon (approve the offer to purchase 44 acres owned by Roger and Patti McClendon on Little River for $10,500 per acre [parcel ID 189198], with $15,000 earnest deposit; the offer is contingent upon a CWMTF award equaling 50% of the purchase price, a clean Phase I environmental assessment and a closing prior to December 31, 2008);
n. Approval of Bond Resolutions (approve the resolutions authorizing the issuance of $12,100,000 General Obligation Public Improvement Bonds, and $34,090,000 General obligation School Bonds); and
o. Ambulance Replacement Contract Amendment (approve to amend the contract with Southeastern Specialty Vehicles).
7. Public Hearing—Street Closing—Hanes Drive (SC07-07)
5 min.
The Board is requested to conduct a public hearing on the permanent closing of Hanes Drive, a 1,129.05-linear-foot public right-of-way. The right-of-way is located west of Cornwallis Road, between East Institute Drive and West Institute Drive.
Resource Person(s): Steven L. Medlin, AICP, Interim City-County Planning Director, and Phyllis T. Melton, Senior Planner
County Manager's Recommendation: The Manager recommends that the Board adopt an order to close permanently the Hanes Drive public right-of-way.
8. Public Hearing—Street Closing—West Institute Drive (SC07-08)
5 min.
The Board is requested to conduct a public hearing on the permanent closing of West Institute Drive, a 249.59-linear-foot public right-of-way. The right-of-way is located west of Cornwallis Road, north of Hanes Drive.
Resource Person(s): Steven L. Medlin, AICP, Interim City-County Planning Director, and Phyllis T. Melton, Senior Planner
County Manager's Recommendation: The Manager recommends that the Board adopt an order to close permanently the West Institute Drive public right-of- way.
9. Public Hearing—Street Closing –East Institute Drive (SC07-09)
5 min.
The Board is requested to conduct a public hearing on the permanent closing of East Institute Drive, a 338.95-linear-foot public right-of-way. The right-of-way is located west of Cornwallis Road, south of Hanes Drive.
Resource Person(s): Steven L. Medlin, AICP, Interim City-County Planning Director, and Phyllis T. Melton, Senior Planner
County Manager's Recommendation: The Manager recommends that the Board adopt an order to close permanently the East Institute Drive public right-of- way.
10. Public Hearing—Zoning Map Change—Epcon Neighborhood (Z07-26)
20 min.
The Board is requested to approve a zoning map change for a 32.84-acre site located on the west side of Farrington Road, south of Ephesus Church Road, and north of Wendell Road. Request: RS-20 to PDR 4.500.
This item was continued from the February 25, 2008 Board of Commissioners' meeting.
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 agenda materials; or
Alternatively, in the event that a motion to approve the item fails, the Commissioners adopt as support for their actions 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 agenda materials.
Staff Recommendation: Staff recommends approval, based on consistency with the Comprehensive Plan and considering the information contained in this report.
Planning Commission Recommendation and Vote: Denial, 7-5 on December 11, 2007. The Planning Commission finds that the ordinance request is not consistent with the adopted Comprehensive Plan. The Commission does not believe this request is reasonable or in the public interest in light of the information in the staff report and comments received during the public hearing. The Commission recommends denial based on problems with traffic congestion and inadequate transportation infrastructure.
Resource Person(s): Steven L. Medlin, AICP, City-County Interim Planning Director
County Manager's Recommendation: The Manager recommends that the Board conduct a public hearing on the proposed zoning map change and approve it, if appropriate, based on the comments received.
11. Public Hearing—Unified Development Ordinance (UDO) Text Change—Technical Changes IV (TC07-13)
10 min.
Receive public comments on Text Change – Technical Changes IV (TC07-13) and adopt an ordinance amending the Unified Development Ordinance, 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(s): Steven L. Medlin, AICP, Interim City-County Planning Director, and Julia Mullen, Planner
County Manager's Recommendation: The Manager recommends that the Board conduct a public hearing on the proposed UDO text change and, if appropriate based on the comments received during the hearing, approve the change.
12. Board and Commission Appointments
10 min.
Vonda Sessoms, Clerk to the Board, will distribute ballots to the Board to make appointments to the following boards and commissions:
· Adult Care Home Community Advisory Committee
· Public Health Board
Resource Person(s): Vonda Sessoms
County Manager's Recommendation: The Manager recommends that the Board of County Commissioners vote to appoint members to the above-mentioned boards/commissions.
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1½hrs.
Present:
Mayor William V. Bell.
Mayor Pro Tempore Cora Cole-McFadden and Council Members
Farad Ali
Eugene Brown
Diane Catotti
Howard Clement, 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. Social Security Number Verification (Special Project / December 2007)
To receive and accept the report on the Social Security Number Verification Special Project (December 2007) as approved at the January 28, 2008 meeting of the Audit Services Oversight Committee. [Approved - Vote 7/0](Resource Person: Kevin Neuman - 4213) (Attachment #1 - 11 pages) (PR# 4732)
2. Approval of City Council Minutes
To approve City Council minutes for the February 4, 2008 City Council Meeting; andTo approve City Council action taken at the January 24, 2008 City Council Work Session. [Approved - Vote 7/0]
(Resource Person: D. Ann Gray - 4166) (PR# 4748)
3. This item can be found on the General Business Agenda.
4. Durham Planning Commission - Receipt and Acceptance of Applications
To receive and accept applications for a citizen to fill one (1) vacancy on the Durham Planning Commission to represent District 6 with the term to expire on June 30, 2009. [Approved - Vote 7/0](Due to the resignation of Harry Dawley)
(Resource Person: LaVerne V. Brooks - 4166) (Attachment #4 - 5 pages) (PR# 4753)
5. Durham Bicycle and Pedestrian Advisory Commission - Receipt and Acceptance of Applications
To receive and accept applications for a citizen to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2010. [Approved - Vote 7/0](Due to the expired term of Peter J. Schubert)
(Resource Person: LaVerne V. Brooks - 4166) (Attachment #5 - 5 pages) (PR# 4754)
6. Durham Area Transit Authority - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill three (3) vacancies on the Durham Area Transit Authority Board of Trustees for Regular Members with terms to expire on March 1, 2011. [Approved - Vote 7/0](Due to the terms expiring of Rita Gregory, Baldwin H. Gammage, and Robert Olason)
(Resource Person: LaVerne V. Brooks - 4166) (Attachment #6 - 8 pages) (PR# 4757)
7. This item can be found on the General Business Agenda.
8. Street Acceptances
To accept the streets on the list for maintenance by the City of Durham. [Approved - Vote 7/0](Resource Persons: Edward R. Venable and Nathan L. McHenry - 4326) (Attachment #8 - 2 pages) (PR# 4734)
9. This item can be found on the General Business Agenda.
10. Business Loan Report for December 2007
To accept business loan report for December 2007. [Approved - Vote 7/0](Resource Person: Chris Dickey - 4965 ext. 226) (Attachment #10 - 5 pages) (PR# 4694)
11 - 12. These items can be found on the General Business Agenda.
14. Professional Services Agreement for the Design of General Services Bundle
To authorize the City Manager to execute Professional Services Agreement for the General Services Bundle with Roughton, Nickelson, De Luca, PA in an amount not to exceed $427,600.00;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 establish a project contingency in the amount of $42,000.00; and
To authorize the City Manager to negotiate and execute change orders on the Professional Services Agreement for the General Services Bundle, provided the total cost does not exceed $469,600.00 which is the full amount budgeted for design phase services plus the project contingency. [Approved - Vote 7/0]
(Resource Person: Thomas J. McDermott - 4197) (Attachment #14 - 49 pages) (PR# 4728)
15. Proposed Sale of Closed Portion of Fay Street
To declare the City's portion of the closed portion of Fay Street (0.21± acres) surplus;To authorize the City Manager to sell the property pursuant to Section 86 of the City Charter to Muhammad Ali Damar for $13,500.00; and
To authorize the Mayor to convey the property with a non-warranty deed subject to reservations and easements. [Approved - Vote 7/0]
(Resource Person: Judy Simuel - 4197 ext. 244) (Attachment #15 - 3 pages) (PR# 4759)
16. Contract for Eastway Elementary School After School Program
To authorize the City Manager to enter into an agreement to provide $44,000.00 to the Durham Public Schools Community Education Department for the purpose of subsidizing the provision of After School programs at the Eastway Elementary School for the 2007-2008 school year; andTo authorize the City Manager to modify the agreement before execution if required provided the modifications do not increase the dollar amount of the agreement and the modifications are consistent with the general intent of the agreement. [Approved - Vote 7/0]
(Resource Person: Annette L. Smith - 4355 ext. 214) (Attachment #16 - 6 pages) (PR# 4749)
17. Approval of the Grant Award for Project M.O.R.E. - A Gang Prevention and Intervention Initiative for Target Areas in North East Central and South West Central Durham
To authorize the City Manager to accept the Durham County Juvenile Crime Prevention Council Grant by executing the grant documents; andTo adopt the Durham County Juvenile Crime Prevention Council Grant Project Ordinance in the amount of $46,135.00. [Approved - Vote 7/0]
(Resource Person: Annette L. Smith - 4355 ext. 214) (Attachment #17 - 14 pages) (PR# 4767)
19. Extension of Temporary Ordinance Pertaining to Taxicab Rates Authorizing Fuel Surcharge
To adopt an Ordinance Authorizing an Extension of a Temporary Gas Surcharge of $1.00 between the hours of 5:01 am until 11:59 pm through March 5, 2009. [Approved - Vote 7/0](Resource Person: Gracie Chamblee - 4366 ext. 310) (Attachment #19 - 5 pages) (PR# 4758)
20. Inter-Local Agreement between the City of Durham and the City of Raleigh for Reimbursement for the Long Range Transportation Plan (LRTP) Revenue Element
To authorize the City Manager to execute an Inter-local Agreement between the City of Durham and the City of Raleigh for the Long Range Transportation Plan Revenue Element;To authorize the City Manager to modify the inter-local Agreement before execution provided the modifications do not increase obligations of the City or alter the general intent of the version of the contract approved by City Council; and
To adopt the City of Durham and City of Raleigh Long Range Transportation Plan Revenue Element Grant Project Ordinance. [Approved - Vote 7/0]
(Resource Person: Andy Henry - 4366) (Attachment #20 - 15 pages) (PR# 4761)
21. Add North Carolina 540 to North Carolina National Truck Network (NTN)
To approve the North Carolina Department of Transportation request to add a section of NC 540 (from NC 55 in Wake County to I-40 in the City of Durham) to the North Carolina National Truck Network. [Approved - Vote 7/0](Resource Person: Andy Henry - 4366) (Attachment #21 - 5 pages) (PR# 4762)
24 - 27. These items can be found on the General Business Agenda - Public Hearings.
29. Voluntary Annexation Petition Received by January 1, 2008
To adopt a resolution scheduling a public hearing for Monday, March 17, 2008 to receive citizen comments concerning a voluntary petition for the following property to be annexed with a recommended effective date of April 30, 2008. [Approved - Vote 7/0]a) FY2008-10 Duke Lemur Center
(Resource Persons: Bertha Johnson and Robin Bibby - 4111) (Attachment #29 - 8 pages) (PR# 4812)
30. This item can be found on the General Business Agenda.
31. Resolution Supporting Regional Partnerships for Water Supply Planning and the Establishment of a Western Water Intake on the B. Everett Jordan Reservoir (Jordan Lake)
To adopt a Resolution Supporting Regional Partnerships for Water Supply Planning and the Establishment of a Western Water Intake on the B. Everett Jordan Reservoir (Jordan Lake). [Approved - Vote 7/0](Resource Person: Theodore L. Voorhees - 4222) (Attachment #31 - 7 pages) (PR# 4818)
The City Council disposed of the following items at the February 21, Work Session
13. Implementation of a Retirement Health Savings (RHS) Plan
To authorize the City Manager to take the necessary steps to establish a Retirement Health Savings Plan with ICMA Retirement Corporation, including the following: Establish a retiree welfare benefits plan; Execute a plan adoption agreement; Complete all appropriate administrative tasks to establish the plan; Execute the Administrative Services Agreement between the City and ICMA RC for plan administration; Make a declaration of trust establishing the legal entity to hold assets; Adopt the Plan Adoption Resolution; and, any other actions necessary to establish the RHS plan.(Resource Person: Keith Herrmann - 4455 ext. 222) (Attachment #13 - 66 pages) (PR# 4763)
(This item was deferred to the March 6, 2008 Work Session)
18. Pass-Through Agreements with the Town of Chapel Hill and Triangle TransitAuthority 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; andTo 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 #18 - 25 pages) (PR# 4756)
(This item was referred back to the Administration - Transportation Division of Public Works
22. Water and Sewer Update
To receive an update on the water drought and sewer spills.(Resource Person: Vickie Westbrook - 4381 ext. 256)
(An update was received at the 02-21-08 Work Session)
23. The Future Development of Leigh Farm Park
To receive a presentation on the Future Development of Leigh Farm Park.(Resource Person: Beth Timson - 4355 ext. 215) (Attachment #23 - 8 pages) (PR# 4697)
(A presentation was received at the 02-21-08 Work Session)
28. Durham Together for Resilient Youth
To receive comments from Wanda Boone regarding the alcohol and drug related arrest statistical report/results.(Resource Person: Wanda Boone - 491-7811) (Attachment #28 - 1 page) (PR# 4781)
(Comments were received at the 02-21-08 Work Session)
32. Presentation on the Planning Commission Resolution on Water Supply
To receive a presentation on the Planning Commission resolution on water supply.(A presentation was received at the 02-21-08 Work Session)
[General Business Agenda]
3. Capital Program Advisory Committee - Receipt and Acceptance of Applications
To receive and accept applications for 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: By a vote of 7/0, the City Council directed the City Clerk to re-advertise vacancies on the Capital Program Advisory Committee.
(Due to the terms expiring of Keith D. Burns, Harold L. Chestnut and Charles D. Watts, Jr.)
(Resource Person: LaVerne V. Brooks - 4166) (Attachment #3 - 8 pages) (PR# 4747)
7. Attendance Reports for Boards, Committees and Commissions
To receive Attendance Reports from the following Boards; andAudit Services Oversight Committee, Cable TV Advisory Board, Capital Program Advisory Committee, Design District Review Team, Durham Area Transit Authority Board of Trustees, Durham Bicycle and Pedestrian Advisory Commission, Durham Board of Adjustment, Durham City-County Appearance Commission, Durham Civic Center, Durham Convention & Visitors Bureau, Durham Cultural Master Plan Advisory Board, Durham City-County Environmental Affairs Board, Durham Housing Authority Board of Commissioners, Durham Open Space & Trails Commission, Durham Planning Commission, Equal Business Opportunity Program Advisory Committee, Durham Historic Preservation Commission, Human Relations Commission, Housing Appeals Board, Lyon Park Advisory Board, Passenger Vehicle For Hire Commission, Raleigh-Durham Airport Authority, Recreation Advisory Commission, and the Workforce Development Board
To direct the City Clerk to write a letter to the following board members informing them of their removal from their board due to Council procedures regarding the attendance policy for Boards, Committees and Commissions. [Approved - Vote 7/0]
| Board | Member |
|---|---|
| Durham Cultural Master Plan Advisory Board | V. Diane Pledger |
| Recreation Advisory Commission | Carolyn Davis |
| orkforce Development Board | Don Cimorelli |
| Workforce Development Board | Carl Harris |
| Workforce Development Board | Rasheedah Hinkston |
| Workforce Development Board | Denise Johnston |
9. Inter-Local Agreement between the City of Durham and the County of Durham for Sharing of Sales Tax Revenue
To find that the 5-year duration of the agreement is reasonable; andTo authorize the City Manager to execute an inter-local agreement with the County of Durham for the sharing of sales tax revenue consistent with the direction and terms provided in the agenda memorandum or more favorable terms should they be reached.
Note: By a vote of 7/0, the City Council deferred this item to the March 6, 2008 City Council Work Session at the request of the City Manager.
(Resource Person: Bertha T. Johnson - 4111 ext. 285) (Attachment #9 - 7 pages) (PR# 4768)
11. Greenfire Phase II Development Deal Points
To authorize the City Manager to enter into non-binding Deal Points between the City of Durham and Greenfire Real Estate Holdings, LLC; andTo authorize the City Manager to negotiate a final Development Agreement with Greenfire Real Estate Holdings, LLC.
Note: By a vote of 7/0, the City Council referred this item back to the administration for one cycle at the request of the City Manager.
(Resource Person: Alan DeLisle - 4965 ext. 212) (Attachment #11 - 173 pages) (PR# 4777)
12. Local Beer and Wine Privilege Licenses
To approve local beer and wine privilege licenses for the establishments. [Approved - Vote 6/1] Noes: Council Member Clement.(Resource Person: John Allore - 4510 ext. 223) (Attachment #12 - 6 pages) (PR# 4736)
30. Time Warner Agreement for Airing of Programming
To authorize the City Manager to enter into a contract with the County of Durham and with Time Warner Cable, Inc. for Time Warner Cable, Inc. to air public access programming starting March 1, 2008 through December 31, 2008 at a monthly cost of $12,065.00, with the City's share of this cost to be $6,037.50 monthly, for a total appropriation from the City not to exceed $60,375.00; andTo authorize the City Manager to modify the contract with Time Warner Cable, Inc. before execution provided the modifications do not lessen the duties of the contractor or increase the cost to the City; and
To authorize the City Manager to execute an interlocal agreement with the County of Durham for the shared use of Cable Channel 8 for local government programming, for payment by the County of a maximum of $15,000 per year to support the airing of County programming, and to make changes to the interlocal agreement which do not substantially alter the meaning of the version of the interlocal agreement presented to the City Council.[Approved - Vote 7/0]
(Resource Person: Beverly B. Thompson - 4123) (Attachment #30 - 5 pages) (PR# 4770)
[General Business Agenda - Public Hearings]
24. Zoning Map Change - Hope Valley Chapel Hill Tire (Z07-40)
To conduct a public hearing to receive public comments on the zoning map change for Hope Valley Chapel Hill Tire (Z07-40);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 Z07-40 out of RS-10 and RS-20 and placing same in and establishing same as CN(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. [Approved - Vote 7/0]
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, 11-2 on January 8, 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, comments received during the public hearing and additional committed elements proffered by the applicant at the meeting.
[The site is located on the east side of Hope Valley Road, north of NC 54. PIN: 0719-01-20-4013]
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #24 - 19 pages) (PR# 4742)
25. Zoning Map Change - 1603 Ed Cook Road (Z07-43)
To conduct a public hearing and receive public comments on the zoning map change for 1603 Ed Cook Road (Z07-43);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 Z07-43 out of RR and placing same in and establishing same as RS-10; 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. [Approved - Vote 7/0]
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, 13-0 on January 8, 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.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #25 - 13 pages) (PR# 4750)
26. Zoning Map Change - 1607 Ed Cook Road (Z07-44)
To conduct a public hearing and receive public comments on the zoning map change for 1607 Ed Cook Road (Z07-44);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 Z07-44 out of RR and placing same in and establishing same as RS-10; 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. [Approved - Vote 5/2] Noes: Council Members Brown and Woodard.
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, 7-6 on January 8, 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 at the southeast corner of the intersection of Ed Cook Road and Hickory Nut Drive. PIN: 0830-04-70-0189]
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #26 - 13 pages) (PR# 4751)
27. Zoning Map Change - Erwin Road Mixed Use (Z07-38)
To conduct a public hearing and receive public comments on the zoning map change for Erwin Road Mixed Use (Z07-38);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 Z07-38 out of CN and placing same in and establishing same as MU(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. [Approved - Vote 7/0]
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, 11-2 on January 8, 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, comments received during the public hearing and additional committed elements proffered by the applicant at the meeting.
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #27 - 25 pages) (PR# 4752)
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