City Council meeting Monday

The City Council meets Monday, Tuesday is Earth Day (though most events are this weekend), and it is Environmental Education Week.  Monday a Lumbee group is protesting the comments on G105 and I think Student Action with Workers is continuing to occupy UNC's administrative building over UNC's involvement with sweatshops.  Thomas Jefferson's birthday was April 13th and the average last frost date was the 16th, though I think the guideline is that there could be frosts up to a week after the 16th. 

 

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 March 17, 2008 City Council Meeting; and

To approve City Council minutes for the following closed sessions: February 8, 2007, April 5, 2007, June 5, 2007, August 9, 2007, September 6, 2007, September 20, 2007, October 4, 2007, November 8, 2007, November 20, 2007 and January 24, 2008. (Resource Person: D. Ann Gray – 4166) (PR# 4886)

2. Durham Area Transit Authority Board of Trustees - Appointment

To appoint Bruce Allen Peterson to the Durham Area Transit Authority Board of Trustees as a Regular Member with the term to expire on March 1, 2011.

Note: At the Work Session on April 10, 2008, Mr. Peterson received five (5) votes.

(Due to the expired term of Johnsie Williams)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 – 6 pages) (PR# 4889)

3. Equal Business Opportunity Program Advisory Committee - Appointments

To reappoint Monique Velasquez (representing Non-SDBE Professional Services Firm Owner and Charles T. Wilson, Jr., (representing Non-SDBE Construction Firm Owner and to appoint Patricia E. Harris (representing SDBE Professional Services Firm Owner) to the Equal Business Opportunity Program Advisory Committee terms expiring on April 1, 2010.

Note: At the Work Session on April 10, 2008, Ms. Velasquez, Mr. Wilson, Jr., and Ms. Harris all received seven (7) votes.

(Due to a vacancy and the terms expiring of Monique Velasquez and Charles T. Wilson, Jr.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 8 pages) (PR# 4890)

4. Citizens Advisory Committee - Appointments

To appoint Kyla Sweet-Chavez and Faith M. Thompson to the Citizens Advisory Committee with terms expiring on June 30, 2009.

Note: At the Work Session on April 10, 2008, Ms. Sweet-Chavez and Ms. Thompson both received seven (7) votes.

(Due to vacancies)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 17 pages) (PR# 4892)

6. Street Closing - A 507.50 Linear Foot Portion of Onslow Street between West Club Boulevard and An Unnamed Variable Width Alley (SC07-14)

To adopt a Resolution to set a public hearing for May 19, 2008 on the proposed closing of a 507.50 linear foot portion of Onslow Street between West Club Boulevard and an unnamed variable width alley.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #6 - 6 pages) (PR# 4869)

7. Street Closing - An Unnamed 20 Foot Wide Alley between West Club Boulevard, On the South and a Variable Width Unnamed Alley, On the North (SC07-15)

To adopt a Resolution to set a public hearing for May 19, 2008 on the proposed closing of a 514 linear foot 20 foot alley between West Club Boulevard and a variable width alley.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #7 - 6 pages) (PR# 4870)

8. Street Closing - A Variable Width Alley At Onslow Street Between Berkeley Street and Lancaster Street (SC07-13)

To adopt a Resolution to set a public hearing for May 19, 2008 on the proposed closing of a 341 linear foot variable width alley between Berkeley Street and Lancaster Street.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #8 - 6 pages) (PR# 4868)

9. Water and Sewer Extension Agreement with Biggerstaff & Crawley Avondale, LLC

To authorize the City Manager to enter into a water and sewer extension agreement with Biggerstaff & Crawley Avondale, LLC to serve Biggerstaff & Crawley; 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 #9 - 10 pages) (PR# 4880)

10. CMAR Construction Services For Civic Center Plaza and Arts Council Parking Lot

To authorize the City Manager to negotiate and execute Amendment No. 2 with Skanska USA Building for construction of ADA Upgrades at the Civic Center Plaza and Arts Council Parking Lot if the Guaranteed Maximum Price (GMP) does not exceed $583,880.00;

To establish a project contingency equal to the difference between $616,880.00 which is the full amount budgeted for construction phase services, and the final GMP; and

To authorize the City Manager to negotiate and execute change orders on the Amendment 2, provided the contact cost does not exceed the amount budgeted for construction phase services, $616,880.00.

(Resource Person: Beth Hickman Emerson – 4197) (Attachment #10 – 9 pages) (PR# 4894)

11. Durham Armory Renovations CMAR Construction Services Amendment

To authorize the City Manager to negotiate and execute an Amendment No. 2 with Skanska USA for construction of the Durham Armory Upgrade Project if the Guaranteed Maximum Price (GMP) does not exceed $1,975,370.00;

To establish a project contingency equal to the difference between $2,088,870.00 which is the full amount budgeted for construction phase services, and the final GMP; and

To authorize the City Manager to negotiate and execute change orders on the Durham Armory Upgrade Project, provided the total contract cost does not exceed $2,088,870.00 which is the full amount budgeted for construction phase services plus the project contingency.

(Resource Person: Beth Hickman Emerson - 4197) (Attachment #11 - 8 pages) (PR# 4896)

12. Amendment #5 Professional Services Contract for Data Project and Contract for Claims and Litigation Support for Data Project

To authorize the City Manager to execute an amendment to the City of Durham DATA Operations, Maintenance and Administration Facility Project Agreement with Robert W. Carr, Inc. in an amount not to exceed $86,500.00 so that the total contract amount will not exceed $1,293,581.40;

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 $40,000.00;

To authorize the City Manager to negotiate and execute change orders on the DATA Operations, Maintenance, and Administration Facility Project, provided the total contract amount does not exceed $1,333,581.40 which is the full amount budgeted for construction phase services plus the project contingency;

To authorize the City Manager to execute a Contract for Claims and Litigation Support Services for the Durham Area Transit Authority ("DATA") Project with MBP Construction Engineering, Inc., in an amount not to exceed $225,300.00; and

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the compensation to be paid by the City and do not decrease the goods and services to be provided to the City.

(Resource Person: Jina Propst – 4197 ext. 284) (Attachment #12 - 33 pages) (PR# 4893)

13. Proposed Easements to Diamond View II, LLC and Diamond View III, LLC at the Durham Bulls Athletic Park (DBAP)

To authorize the Conveyance of a Permanent Easement Approximately 296.90 Sq. Ft., and a Temporary Construction Easement Approximately 3,497.72 Sq. Ft. Across Parcel # 103356 at the Durham Bulls Athletic Park to Diamond View II, LLC and Diamond View III, LLC for $1,802.00.

(Resource Person: Sandra Harper – 4197 ext. 243) (Attachment #13 – 7 pages) (PR# 4895)

14. HUD Cooperative Grant and Training Funding 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 Grant Funds by executing the grant documents; and

To adopt the City of Durham Grant Project Ordinance in the amount of $60,426.00 superseding Grant Project Ordinance #13540.

(Resource Person: Delilah Donaldson – 1326 ext. 242) (Attachment #14 - 4 pages) (PR# 4867)

15. Contract with ICF, International Inc., to Conduct a Water Conservation Public Education Campaign

To authorize the City Manager to execute a one-year contract not to exceed $400,000.00 with ICF, Inc., LLC to develop and implement a year-long water conservation campaign to stimulate Durham citizens, visitors and businesses to conserve water as a way of life; and

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the dollar amount of the contract and do not decrease the services provided.

(Resource Persons: Beverly Thompson – 4123 and Vicki Westbrook – 4381) (Attachments #15 – 85 pages) (PR# 4904)

16. Modification of City of Durham's Minimum Housing Code and Removal of Trash and Undergrowth From Property

To adopt the proposed ordinances, which amend portions of Article VI of Chapter 10 of the Durham City Code pertaining to the Minimum Housing Code and Article VI of Chapter 26 of the Durham City Code pertaining to Removal of Trash and Undergrowth from Property.

(Resource Person: C. Renee' Caldwell – 4570 ext. 244) (Attachment #16 - 10 pages) (PR# 4847)

17. Annual Report - Durham City-County Appearance Commission

To receive the 2007 Annual Report of the Durham City-County Appearance Commission.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #17 - 6 pages) (PR# 4897)

18. High Efficiency Toilet Rebate/Credit Program and Contract

To authorize the City Manager to execute a one-year contract not to exceed $100,000.00 with Niagara Conservation to develop and implement a High Efficiency Toilet Rebate/Credit program to encourage Durham water customers to replace inefficient toilets with high efficiency toilets that use 1.28 gallons per flush; and

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the dollar amount of the contract and do not decrease the services provided.

(Resource Person: Vicki Westbrook – 4381) (Attachment #18 – 34 pages) (PR# 4905)

19. Downtown Durham Master Plan, Seven Year Review and Updated Work Plan

To adopt the Downtown Durham Master Plan, Seven Year Review and Updated Work Plan, January 2008.

(Resource Person: Joy Mickle – 4965 ext. 208) (Attachment #19 - 117 pages) (PR# 4823)

22. Conservation Water Rates

To adopt an Ordinance Amending Durham City Code Section 23-41 Monthly Rates for Water Service, Sewer Service and Water and Sewer Service.

(Resource Person: Vicki Westbrook – 4381 ext. 256) (Attachment #22 – 6 pages) (PR# 4903)

23 – 29. These items can be found on the General Business Agenda – Public Hearings.

33. Resolution Making Changes to Council Procedures for Mayoral Appointments to Boards, Committees, and Commissions and Repealing Inconsistent Procedural Provisions

To adopt a Resolution Making Changes to Council Procedures for Mayoral Appointments to Boards, Committees, and Commissions and Repealing Inconsistent Procedural Provisions.

(Resource Person: Karen Sindelar – 4158) (Attachment #33 – 10 pages) (PR# 4928)

35. Resolution for the Acquisition of Properties in the Rolling Hills Development

To adopt a Resolution Authorizing the City Manager to acquire real property or interests in real property for the Rolling Hills Development provided the purchase price of any individual property does not exceed $120,000.00 and complies with all applicable conditions of the resolution.

(Resource Person: Michael Pullum – 4570) (Attachment #35 – 3 pages) (PR# 4924)

37. Durham Board of Adjustment - Mayor's Appointee

To extend the term of Spurgeon Thurston (Mayor's Appointee) on the Durham Board of Adjustment to expire on June 30, 2009 in accordance with the interlocal agreement.

(Resource Person: D. Ann Gray – 4166) (Attachment #37 – 1 page) (PR# 4961)

38. East Deck Façade Treatment (West and South Walls)

To approve the architectural façade treatment plan for the west and south walls of the East Deck.

(Resource Person: Alan DeLisle – 4965) (Attachment #38 - 8 pages) (PR# 4834)

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

40. Congestion Relief/Intermodal Transport Fund

To direct the City Manager to work with the 21st Century Transportation Committee and other stakeholders as appropriate to modify the draft bill titled "Congestion Relief/Intermodal Transport Fund" to ensure that the bill is acceptable to the City of Durham and that the financial needs of the City to operate the Durham transit system are adequately addressed.

(Resource Person: Mark Ahrendsen – 4366) (Attachment #40 – 15 pages) (PR# 4979)

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

[General Business Agenda]

39. End of Year Report

To receive a presentation on the Police Department's End of Year Report.

(Resource Person: Jose L. Lopez, Sr. – 4322) (PR# 4954)

41. Development Review Process

To receive a presentation on the Development Review Process.

(Resource Person: Theodore L. Voorhees - 4222) (PR# 4987)

[General Business Agenda – Public Hearings]

23. The Draft FY 2008-09 Annual Action Plan for the Use of CDBG, HOME and ESG Funds

To conduct a public hearing and receive public comments on the Draft 2008-2009 Annual Action Plan for the use of CDBG, HOME and ESG funds.

(Resource Person: Wilmur Conyers – 4570) (Attachment #23 - 11 pages) (PR# 4891)

24. Unified Development Ordinance (UDO) Text Amendment – Tuscaloosa-Lakewood Neighborhood Protection Overlay (TC06-08)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Tuscaloosa-Lakewood Neighborhood Protection Overlay (TC06-08); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 4, Zoning Districts.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #24 - 6 pages) (PR# 4878)

25. Zoning Map Change – Tuscaloosa-Lakewood Neighborhood Protection Overlay (Z06-46)

To conduct a public hearing and receive public comments on the zoning map change for Tuscaloosa-Lakewood Neighborhood Protection Overlay (Z06-46);

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 Z06-46 out of RS-10, RS-8, RS-M, RU-5, RU-5(2), RU-M, CN and placing same in and establishing same as RS-10, RS-8, RS-M, RU-5, RU-5(2), RU-M, CN; -P; 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, 9-1 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 includes multiple properties north of Durham – Chapel Hill Boulevard, south of Lakewood Avenue, west of James Street and east of Chapel Hill Road.]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #25 - 22 pages) (PR# 4879)

26. Zoning Map Change – Exeter Apartments (Z0800005)

To conduct a public hearing and receive public comments on the zoning map change for Exeter Apartments (Z0800005);

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 Z0800005 out of RU-5(2) and placing same in and establishing same as RC; 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, 11-0 on March 11, 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 east and west sides of North Goley Street, south of Morning Glory Avenue. PIN: 0831-14-44-0267, -1215, -1294, -1270, -1126, -2186, -3122, -2059, -43-1996, -2945)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #26 - 14 pages) (PR# 4882)

28. Street Closing - A Portion of Rustica Drive between Ed Cook Road and South Alston Avenue (SC07-11)

To conduct a public hearing on the permanent 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 #28 - 9 pages) (PR# 4883)

29. Right-of-Way Closing - Excess Right-of-Way for Martin Luther King, Jr. Parkway (SC07-12)

To conduct a public hearing to permanently close the 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 #29 - 9 pages) (PR# 4884)

[Adjournment]