Below are the agendas for Monday evening, and there are a few zoning items on the City agenda. Over the weekend I plan to post on Tuesday's election.
There are also several events coming up. Monday in the Wake County Superior Court there will be a hearing of the Libertarian and Green party lawsuit against NC's discriminatory ballot access rules. I think Tuesday is when the Farm Labor Organizing Committee is protesting against Reynolds. Friday there is something about the Freightliner 5. This week UNC arrested the sit-in students.
Board of County Commissioners
[Please contact the Clerk to the Board at (919) 560-0025 for information related to items on the agenda.]
To approve City Council action taken at the March 20, 2008 City Council Work Session.
(Resource Person: D. Ann Gray – 4166) (PR# 4952)
(Due to the terms expiring of Keith D. Burns, Harold L. Chestnut and Charles D. Watts, Jr.)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 10 pages) (PR# 4927)
(Due to the resignation of Kristen Dubay and a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 – 6 pages) (PR# 4937)
(Due to the expired term of Lanya Shapiro)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 3 pages) (PR# 4938)
(Due to a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 3 pages) (Attachment # - 3 pages) (PR# 4939)
(Due to vacancies)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 7 pages) (PR# 4940)
(Due to the terms expiring of Jon Kuczynski and Benjamin Greene)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 8 pages) (PR# 4941)
(Due to the resignation of Beth Mulvaney)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 3 pages) (PR# 4949)
To authorize the City Manager to enter into a contract with Brenntag Southeast, Inc. in the amount of $1,238,290.00 for providing the City with its estimated two (2) years requirements for Sodium Hydroxide; 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 – 4132 and Vicki Westbrook – 4381) (Attachment #9 - 5 pages) (PR# 4944)
(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #10 - 6 pages) (PR# 4960)
Curb, Gutter and Paving on Castlerock Drive from NC Hwy 55 to end of cul-de-sac;
Curb, Gutter and Paving on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16;
Water and Sewer Laterals on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16; Sewer Main on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16;
Curb, Gutter and Paving on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A;
Water and Sewer Laterals on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A; and
Water Main on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #11 - 4 pages) (PR# 4917)
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: Kevin Neuman – 1323 ext. 235) (Attachment #12 - 14 pages) (PR# 4978)
To authorize the City Manager to modify the amendment before execution provided that the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the contractor.
(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #13 - 7 pages) (PR# 4953)
To authorize the City Manager to execute a Sub-recipient Contract with Durham County Habitat for Humanity in an amount up to $71,665.00 to acquire/demolish three properties, located at 1011 and 1103 Morehead Avenue and 1006 Fairview Street; and
To authorize the City Manager to modify the agreement and other related documents before execution, provided that the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the contractor.
(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #14 - 26 pages) (PR# 4956)
To authorize the City Manager to make changes to the contract Amendment as may be necessary so as long as they do not increase the amount paid by the City nor limit the benefits to be received by the City.
(Resource Person: Chris Dickey – 4965 ext. 204) (Attachment #15 - 11 pages) (PR# 4915)
To adopt the U.S. Environmental Protection Agency FY 2008 Brownfields Job Training Grant Project Ordinance.
(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #16 - 5 pages) (PR# 4971)
(Resource Person: John Allore – 1330 ext. 262) (Attachment #17 - 12 pages) (PR# 4965)
To authorize the City Manager to modify the agreement before execution provided that the modifications do not increase the dollar amount of the agreement and that the modifications are consistent with the general intent of the existing version of the agreement,
To authorize the City Manager to execute a contract with Trugreen Landcare LLC for Contract PM08B, Parks Maintenance Mowing, Trimming and Litter and Debris Removal, Zone B, in the amount of $469,747.88; and
To authorize the City Manager to modify the agreement before execution provided that the modifications do not increase the dollar amount of the agreement and that the modifications are consistent with the general intent of the existing version of the agreement.
(Resource Person: Kevin Lilley – 4197) (Attachment #18 - 50 pages) (PR# 4964)
(Resource Person: Chris Krueger - 919-201-3629) (Attachment #19 - 2 pages) (PR# 4914)
(Resource Person: Judy Simuel – 4197 ext. 244) (Attachment #20 - 3 pages) (PR# 4948)
To authorize the City Manager to sell and the Mayor to convey the property with a non-warranty deed subject to reservations and easements to be retained by the City of Durham.
(Resource Person: Donna Lunsford – 4197 ext. 242) (Attachment #21 - 8 pages) (PR# 4973)
To establish a project contingency equal to the difference between $840,169.00, which is the full amount budgeted for construction phase services, and the final GMP;
To authorize the City Manager to negotiate and execute change orders on the Solid Waste Transfer Station Project, provided the total project cost does not exceed the amount budgeted for construction phase services;
To authorize the City Manager to execute a Contract Amendment to the "Agreement to Design Renovations for the Solid Waste Transfer Station between the City of Durham and KCI Associates of North Carolina, P.A" to increase the contract amount by $6,429.00 for a total amount of $31,729.00; 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: Lesa Rikard – 4197 ext. 258) (Attachment #22 - 13 pages) (PR# 4974)
To adopt a Resolution authorizing the private sale of Parcel #s 108616, 108617 and 108618 to Self-Help Ventures Fund under G. S. 160A-279;
To authorize the City Manager to execute and make changes to the Development Agreement and Right of Entry Agreement prior to execution;
To authorize the Mayor to convey the properties by a non-warranty Deed; and
To authorize the City Manager to amend the FY 06-07 CDBG Sub-recipient Agreement with Self Help CDC.
(Resource Person: Sandra Harper – 4197 ext. 243) (Attachment #23 – 20 pages) (PR# 4975)
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #24 - 3 pages) (PR# 4942)
(Resource Person: Captain L. L. Clyburn – 4322) (Attachment #25 - 3 pages) (PR# 4959)
(Resource Person: Jesse Burwell – 4589) (Attachment #26 - 5 pages) (PR# 5008)
To establish a contingency fund in the amount of $221,186.93 (15%); and
To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $221,186.93 and the total project cost does not exceed $1,695,766.43.
(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #27 - 2 pages) (PR# 4910)
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 #28 - 11 pages) (PR# 4923)
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 #29 - 10 pages) (PR# 4936)
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 #30 - 3 pages) (PR# 4967)
To authorize the City Manager to make changes to the Joint Funding Agreement provided such changes do not increase the City's obligations or substantially modify the intent or material conditions of the project to the detriment of the City.
(Resource Person: John Cox – 1328 ext. 251) (Attachment #31 - 8 pages) (PR# 4972)
(Resource Person: Juanita Massenburg – 4570 ext. 240) (Attachment #33 - 8 pages) (PR# 4920)
To authorize the City Manager to execute all administrative requirements and contractual documents necessary for implementation of the Annual Action Plan to include all CDBG, HOME/ADDI and ESG program agreements and related documents;
To adopt the City of Durham/U.S. Department of Housing and Urban Development Community Development Block Grant project ordinance in the amount of $1,996,798.00 (Attachment B);
To adopt the City of Durham/U.S. Department of Housing and Urban Development HOME Investment Partnerships Program/American Dream Down payment Initiative grant project ordinance in the amount of $1,404,985.00 (Attachment C); and
To adopt the City of Durham/U.S. Department of Housing and Urban Development Emergency Shelter Grant project ordinance in the amount of $84,684.00 (Attachment D).
(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #39 - 60 pages) (PR# 4935)
To adopt an Ordinance amending Durham City Code Section 70-50(a) pertaining to Water and Sewer Capital Facilities Fees and adopting revised fees in the City's Fee Schedule with an effective date of September 1, 2008.
(Resource Person: Don Greeley – 4381) (Attachment #49 –10 pages) (PR# 5007)
To direct the City Manager to make a recommendation, to the appropriate Council committee, for a local act to be adopted by the N. C. General Assembly during 2009 that will allow the Council to delegate authority to the City Manager to make, approve, award and execute the purchase of apparatus, supplies, materials and equipment, and contracts for construction and repair contracts with dollar amount limits as specified by the Council.
(Resource Person: Arche McAdoo – 4455) (Attachment #52 – 4 pages) (PR# 4595)
(Resource Persons: Edward R. Venable and Nathan L. McHenry - 4326) (Attachment #37 - 1 page) (PR# 4918)
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #38 - 1 page) (PR# 4919)
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 Z07-24 out of CN, RS-M, and RR and placing same in and establishing same as OI(D) and 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, should the pending plan amendment (A07-09) be approved, 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, should the plan amendment be approved, 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, should the plan amendment be approved, based on consistency with the Comprehensive Plan, and considering the information contained in this report.
Planning Commission Recommendation and Vote: Denial, 7-4 on March 11, 2008. 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 concerns regarding impact on the environment and inadequate bicycle and pedestrian facilities provided in the development plan.
[The site is located between South Alston Avenue and T.W. Alexander Drive, south of Stonesthrow Lane. PINs: 0737-01-47-4898, -48-5553]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #40 - 37 pages) (PR# 4945)
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 Z0800006 out of RR 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; 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 northeast corner of Cheek Road and Roane Street. PINs: 0842-17-20-3753, -3898)]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #41 - 14 pages) (PR# 4947)
To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish PDR 3.000, 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 east side of Doc Nichols Road, north of Leesville Road and east of Olive Branch Road. PIN's 0860-03-33-3314, -01-20-8767, 0767-01-27-6679, -28-5772]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #42 - 17 pages) (PR# 4926)
To adopt a Resolution to Change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Office to Commercial and Commercial to Office.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #43 - 13 pages) (PR# 4911)
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 Z0800004 out of OI(D) and RS-10 and placing same in and establishing same as OI; 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 on the east side of Shannon Road, north of Old Chapel Hill Road, south of Martin Luther King, Jr. Parkway. PINs: 0810-14-33-4686, -5910, -34-5036)]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #44 - 15 pages) (PR# 4946)
To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 8, Environmental Protection.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #45 - 5 pages) (PR# 4977)
To adopt the revised Street, Parks and Recreation and Open Space Ordinance (Durham City Code - Chapter 25).
(Resource Person: Julie Brenman – 4111 ext. 282) (Attachment #51 – 23 pages) (PR# 5022)
THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, May 5, 2008
9:00 A.M. Worksession
AGENDA
1. Annual Review of the Jail Population Management Contract with the District Attorney and Public Defender
30 min.
In 2005, the County entered into an agreement with the Administrative Office of the Courts (AOC) to fund one assistant district attorney ($40,653) and one assistant public defender ($45,402) for the ADA Bond Hearing Project (AOC Contract). The main purpose of the attorney positions is to handle bond reduction motions at first appearance hearings, early identification of cases eligible for expedited disposition, and the enhancement of jail population management reduction in Durham County. The attorneys work under the supervisor of the District Attorney and Public Defender.
The District Attorney and Public Defender will be present to discuss their performance under the agreements.
Resource Person(s): David Saaks, District Attorney; Lawrence Campbell, Public Defender
County Manager's Recommendation: The Manager recommends that the Board receive the presentation and advise if any additional information or action is necessary.
2. Greenfire Development—Phase II Downtown Development Project
30 min.
Greenfire Development is a local community development company whose mission is to improve the overall quality of life in Durham by creating opportunities for people to live, work, play, and invest in a vibrant downtown area. Greenfire's specific interest is the revitalization of underutilized and historic properties using its green building expertise to build sustainable, mixed-use projects.
The Board is requested to receive a presentation by Greenfire Development on its Phase II Downtown Development Project which has been modeled after Durham's recently approved 2007 Downtown Master Plan.
Resource Person(s): Michael Lemanski, Founding Partner; Carl Webb, Partner; and Allison Moy, Development Associate, Greenfire Development
County Manager's Recommendation: The Manager recommends that the Board receive the presentation.
3. Fiscal Year 2008-09 Tax Base
15 min.
The Board is requested to receive a presentation from the Tax Administrator and the Tax Valuation Work Group concerning projections on the 2008-09 tax base for the upcoming fiscal year.
Resource Person(s): Kimberly Simpson, Tax Administrator; Pam Meyer, Budget Director; and George Quick, Finance Director
County Manager's Recommendation: The Manager recommends that the Board of County Commissioners receive the presentation from the tax valuation work group.
4. Briefing on Proposal for Durham County to Host Urban Libraries Council Partners for Success Conference
10 min.
On Tuesday, May 13, Urban Libraries Council staff will make a site visit to Durham to meet with the local planning team for the December 2009 conference "Partners for Success: Regional Solutions for Local Vitality." Durham County Library is the lead partner with Wake County Libraries in its proposal to host this conference at the Durham Civic Center complex for 250 people including the key elected officials, library trustees, and library directors.
Resource Person(s): Hampton "Skip" Auld, Library Director
County Manager's Recommendation: The Manager recommends that the Commissioners receive this information.
5. Closed Session
20 min.
The Board of Commissioners is requested to adjourn to closed session to instruct the staff concerning the position to be taken in negotiating the material terms for the acquisition of real properties pursuant to G.S. § 143-318.11(a)(5).
The property is located at 508 E. Umstead Street, Durham, NC 27701. The property owner is Durham Colored Library Inc., James A. Welch, 2740 Montgomery St., Durham, NC 27705. The property is adjacent to the Stanford L. Warren Library.
Resource Person(s): Wendell Davis, Deputy County Manager; Hampton "Skip" Auld, Library Director
______
1¾ hrs.
City Council
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 April 7, 2008 City Council Meeting; andTo approve City Council action taken at the March 20, 2008 City Council Work Session.
(Resource Person: D. Ann Gray – 4166) (PR# 4952)
2. Capital Program Advisory Committee - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill four (4) vacancies on the Capital Program Advisory Committee to represent PAC 3, PAC 4, PAC 5 and Financial Management with the terms to expire on March 31, 2010.(Due to the terms expiring of Keith D. Burns, Harold L. Chestnut and Charles D. Watts, Jr.)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 10 pages) (PR# 4927)
3. Human Relations Commission - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill two (2) vacancies on the Human Relations Commission for a Non-Minority Female and an Other Racial Minority Group Female with the terms to expire on June 30, 2011.(Due to the resignation of Kristen Dubay and a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 – 6 pages) (PR# 4937)
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, 2010.(Due to the expired term of Lanya Shapiro)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 3 pages) (PR# 4938)
5. Cable TV Advisory Board - Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Cable TV Advisory Board with the term to expire on October 31, 2008.(Due to a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 3 pages) (Attachment # - 3 pages) (PR# 4939)
6. Workforce Development Board - Receipt and Acceptance of Applications and Appointments
To receive and accept applications and to appoint Alfred L. Sullivan and David Mooring to the Workforce Development Board to represent Private Sector with the terms to expire on June 30, 2010 as recommended by the Durham Chamber of Commerce.(Due to vacancies)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 7 pages) (PR# 4940)
7. Durham Planning Commission - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill two (2) vacancies on the Durham Planning Commission to represent District 2 and District 3 with the terms to expire on June 30, 2011.(Due to the terms expiring of Jon Kuczynski and Benjamin Greene)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 8 pages) (PR# 4941)
8. Durham Historic Preservation Commission - Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Historic Preservation Commission representing Historian with the term to expire on September 1, 2010.(Due to the resignation of Beth Mulvaney)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 3 pages) (PR# 4949)
9. Bids – Term Contract for Sodium Hydroxide
To accept the bid from Brenntag Southeast, Inc. in the amount of $1,238,290.00 for providing the City with its estimated two (2) years requirements for Sodium Hydroxide;To authorize the City Manager to enter into a contract with Brenntag Southeast, Inc. in the amount of $1,238,290.00 for providing the City with its estimated two (2) years requirements for Sodium Hydroxide; 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 – 4132 and Vicki Westbrook – 4381) (Attachment #9 - 5 pages) (PR# 4944)
10. Street Closing - A 150.71 Linear Foot Unnamed Alley off Chapel Hill Road (SC0800001)
To adopt a Resolution to set a public hearing on June 2, 2008 for the proposed closing of a 150.71 linear foot unnamed alley off Chapel Hill Road.(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #10 - 6 pages) (PR# 4960)
11. Setting Public Hearings for the Confirmation of Assessment Rolls
To adopt resolutions setting public hearings for May 19, 2008, for confirmation of the following assessment rolls:Curb, Gutter and Paving on Castlerock Drive from NC Hwy 55 to end of cul-de-sac;
Curb, Gutter and Paving on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16;
Water and Sewer Laterals on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16; Sewer Main on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16;
Curb, Gutter and Paving on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A;
Water and Sewer Laterals on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A; and
Water Main on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #11 - 4 pages) (PR# 4917)
12. Contract to Audit Accounts for Fiscal Year Ending June 30, 2008
To authorize the City Manager, the Mayor, and the ASOC Chairperson to execute a contract with McGladrey & Pullen at a cost of $136,500.00, plus out-of-pocket expenses, to provide audit services to the City of Durham for the fiscal year ending June 30, 2008; andTo 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: Kevin Neuman – 1323 ext. 235) (Attachment #12 - 14 pages) (PR# 4978)
13. Amendment to Sub-recipient Agreement with Durham County Habitat for Humanity
To authorize the City Manager to execute an Amendment to the existing Sub-recipient Agreement between Durham County Habitat for Humanity and the City of Durham; andTo authorize the City Manager to modify the amendment before execution provided that the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the contractor.
(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #13 - 7 pages) (PR# 4953)
14. Community Development Block Grant Sub-recipient Contract with Durham County Habitat for Humanity for Acquisition/Demolition of Three (3) Single Family Vacant Lots in Southwest Central Durham
To authorize the expenditure of up to $71,665.00 in FY 07-08 CDBG funds for acquisition/demolition;To authorize the City Manager to execute a Sub-recipient Contract with Durham County Habitat for Humanity in an amount up to $71,665.00 to acquire/demolish three properties, located at 1011 and 1103 Morehead Avenue and 1006 Fairview Street; and
To authorize the City Manager to modify the agreement and other related documents before execution, provided that the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the contractor.
(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #14 - 26 pages) (PR# 4956)
15. Amendment to Contract between the City of Durham and E.G. & G., Inc. for Streetscape Design and Planning Services to Increase Scope of Services, Contract Termination Date and Contract Amount
To authorize the City Manager to execute an amendment to the Contract between the City of Durham and E.G. & G., Inc. for Streetscape Design and Planning Services in Targeted Community Development Areas increasing the original contract amount by $61,980.00 for a total contract amount of $299,945.00; andTo authorize the City Manager to make changes to the contract Amendment as may be necessary so as long as they do not increase the amount paid by the City nor limit the benefits to be received by the City.
(Resource Person: Chris Dickey – 4965 ext. 204) (Attachment #15 - 11 pages) (PR# 4915)
16. U.S. Environmental Protection Agency FY 2008 Brownfields Job Training Grant Project Ordinance
To authorize the City Manager to accept the U.S. Environmental Protection Agency FY 2008 Brownfields Job Training Grant by executing the grant documents; andTo adopt the U.S. Environmental Protection Agency FY 2008 Brownfields Job Training Grant Project Ordinance.
(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #16 - 5 pages) (PR# 4971)
17. Installment Financing Contract Series 2008
To adopt a Resolution of the City Council of the City of Durham, North Carolina, Authorizing the Negotiation of an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto and Providing for Certain other Related Matters Thereto.(Resource Person: John Allore – 1330 ext. 262) (Attachment #17 - 12 pages) (PR# 4965)
18. Contracts PM08a and PM08b for Parks Maintenance Mowing, Trimming and Litter and Debris Removal, Zones A and B
To authorize the City Manager to execute a contract with Realiscape, Inc. for Contract PM08A, Parks Maintenance Mowing, Trimming and Litter and Debris Removal, Zone A, in the amount of $243,695.82;To authorize the City Manager to modify the agreement before execution provided that the modifications do not increase the dollar amount of the agreement and that the modifications are consistent with the general intent of the existing version of the agreement,
To authorize the City Manager to execute a contract with Trugreen Landcare LLC for Contract PM08B, Parks Maintenance Mowing, Trimming and Litter and Debris Removal, Zone B, in the amount of $469,747.88; and
To authorize the City Manager to modify the agreement before execution provided that the modifications do not increase the dollar amount of the agreement and that the modifications are consistent with the general intent of the existing version of the agreement.
(Resource Person: Kevin Lilley – 4197) (Attachment #18 - 50 pages) (PR# 4964)
19. Increase CMAR Contract Cap for Durham Performing Arts Center (DPAC)
To authorize the City Manager to increase the Skanska contract contingency by $2,425,000.00 thereby increasing the Skanska GMP limit from$36,380,060.00 to $38,805,060.00.(Resource Person: Chris Krueger - 919-201-3629) (Attachment #19 - 2 pages) (PR# 4914)
20. Proposed Acquisition of Property Located at 5418 and 5420 Fayetteville Road for Phase II of the Fayetteville Road Widening Project
To approve the fee simple absolute acquisition of land and improvements from the Willie Belser Heirs (Parcel ID #147697 and 147698) for $99,000.00.(Resource Person: Judy Simuel – 4197 ext. 244) (Attachment #20 - 3 pages) (PR# 4948)
21. Proposed Sale of 2218 E. Main Street (Parcel 112294) to Mack Vickers
To accept the back-up offer of $500.00 from Mack L. Vickers, Jr. to purchase 2218 E. Main Street, Parcel 111833, City Tract # 489; andTo authorize the City Manager to sell and the Mayor to convey the property with a non-warranty deed subject to reservations and easements to be retained by the City of Durham.
(Resource Person: Donna Lunsford – 4197 ext. 242) (Attachment #21 - 8 pages) (PR# 4973)
22. Amendment No.2 to Agreement Between Owner and Construction Manager & Amendment to the Agreement to Design Renovations for the Solid Waste Transfer Station between the City of Durham and KCI Associates of North Carolina, P.A.
To authorize the City Manager to negotiate and execute Amendment No. 2 with Balfour Beatty Construction for the renovation of the Solid Waste Transfer Station, if the final Guaranteed Maximum Price does not exceed $794,869.00;To establish a project contingency equal to the difference between $840,169.00, which is the full amount budgeted for construction phase services, and the final GMP;
To authorize the City Manager to negotiate and execute change orders on the Solid Waste Transfer Station Project, provided the total project cost does not exceed the amount budgeted for construction phase services;
To authorize the City Manager to execute a Contract Amendment to the "Agreement to Design Renovations for the Solid Waste Transfer Station between the City of Durham and KCI Associates of North Carolina, P.A" to increase the contract amount by $6,429.00 for a total amount of $31,729.00; 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: Lesa Rikard – 4197 ext. 258) (Attachment #22 - 13 pages) (PR# 4974)
23. Proposed Sale of Parcel #S 108616, 108617 and 108618 to Self-Help Ventures for Affordable Housing and Amendment to FY 06-07 CDBG Sub-recipient Agreement with Self Help CDC
To declare Parcel #s108616, 108617, 108618 surplus;To adopt a Resolution authorizing the private sale of Parcel #s 108616, 108617 and 108618 to Self-Help Ventures Fund under G. S. 160A-279;
To authorize the City Manager to execute and make changes to the Development Agreement and Right of Entry Agreement prior to execution;
To authorize the Mayor to convey the properties by a non-warranty Deed; and
To authorize the City Manager to amend the FY 06-07 CDBG Sub-recipient Agreement with Self Help CDC.
(Resource Person: Sandra Harper – 4197 ext. 243) (Attachment #23 – 20 pages) (PR# 4975)
24. 2007 Annual Report of the Development Review Board
To receive the 2007 Annual Report of the Development Review Board.(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #24 - 3 pages) (PR# 4942)
25. Use of Federal Asset Forfeiture Funds for the Purchase of Equipment to be used for Police Operations
To approve the Use of Federal Asset Forfeiture Funds in an amount not to exceed $175,000.00 for the purchase of equipment to be used for police operations.(Resource Person: Captain L. L. Clyburn – 4322) (Attachment #25 - 3 pages) (PR# 4959)
26. Contract for Domestic Violence Project and Community Life Court
To authorize the City Manager to execute an interlocal agreement between the City of Durham and the County of Durham under which $15,000.00 will be reimbursed to the County to fund a portion of salary and benefits for one (1) ADA Position for the 14th Judicial District to prosecute domestic violence cases for the period January 1, 2008 through June 30, 2008.(Resource Person: Jesse Burwell – 4589) (Attachment #26 - 5 pages) (PR# 5008)
27. Contract ST-228, 2008 Street Repairs and Resurfacing
To authorize the City Manager to execute a contract for ST-228 Street Repairs and Resurfacing with Barnhill Contracting Company in the amount of $1,474,579.50;To establish a contingency fund in the amount of $221,186.93 (15%); and
To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $221,186.93 and the total project cost does not exceed $1,695,766.43.
(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #27 - 2 pages) (PR# 4910)
28. Water and Sewer Extension Agreement with Real Estate Associates, Inc. to Serve Brightleaf Commons
To authorize the City Manager to enter into a water and sewer extension agreement with Real Estate Associates to serve Brightleaf Commons; andTo 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 #28 - 11 pages) (PR# 4923)
29. Water and Sewer Extension Agreement with EPCON Communities Carolinas, LLC to Serve EPCON Neighborhood
To authorize the City Manager to enter into a water and sewer extension agreement with EPCON Communities Carolinas, LLC to serve EPCON Neighborhood; andTo 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 #29 - 10 pages) (PR# 4936)
30. Contract Amendment ST-227 Street Improvements
To authorize the City Manager to execute a contract amendment for ST-227 Street Improvements in the amount of $1,330,000.00; andTo 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 #30 - 3 pages) (PR# 4967)
31. Approval of a Joint Funding Agreement with the U.S. Geological Survey for City of Durham Rainfall and Streamflow Network
To authorize the City Manager to execute the Joint Funding Agreement with the United States Geological Survey and to pay, under such agreement, and additional letters implementing such agreement, an amount of up to $172,000.00 for the time period in the agreement, for capital expenses associated with the precipitation and stream flow monitoring system; andTo authorize the City Manager to make changes to the Joint Funding Agreement provided such changes do not increase the City's obligations or substantially modify the intent or material conditions of the project to the detriment of the City.
(Resource Person: John Cox – 1328 ext. 251) (Attachment #31 - 8 pages) (PR# 4972)
33. Homeownership Purchase Programs Update
To receive the report on two enhanced homeownership purchase programs – Neighborhood Incentive Program (NIP) and Individual Development Account (IDA) Program – and changes to the housing purchase program underwriting guidelines.(Resource Person: Juanita Massenburg – 4570 ext. 240) (Attachment #33 - 8 pages) (PR# 4920)
37 – 38. These items can be found on the General Business Agenda – Public Hearings.
39. Approval of the FY 2008-09 Annual Action Plan for the Use of CDBG, HOME, ADDI and ESG Funds
To approve the FY 2008-09 Annual Action Plan for the use of CDBG, HOME, ADDI and ESG funds for submission to the U.S. Department of Housing and Urban Development (Attachment A);To authorize the City Manager to execute all administrative requirements and contractual documents necessary for implementation of the Annual Action Plan to include all CDBG, HOME/ADDI and ESG program agreements and related documents;
To adopt the City of Durham/U.S. Department of Housing and Urban Development Community Development Block Grant project ordinance in the amount of $1,996,798.00 (Attachment B);
To adopt the City of Durham/U.S. Department of Housing and Urban Development HOME Investment Partnerships Program/American Dream Down payment Initiative grant project ordinance in the amount of $1,404,985.00 (Attachment C); and
To adopt the City of Durham/U.S. Department of Housing and Urban Development Emergency Shelter Grant project ordinance in the amount of $84,684.00 (Attachment D).
(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #39 - 60 pages) (PR# 4935)
40 – 45. These items can be found on the General Business Agenda – Public Hearings.
49. This item can be found on the General Business Agenda.
51. This item can be found on the General Business Agenda – Public Hearings.
52. This item can be found on the General Business Agenda.
[General Business Agenda]
Assessments and Improvements
49. Adoption of Proposed Water and Sewer Rates for FY 2008-2009
To adopt an Ordinance amending Durham City Code Section 70-51, Monthly Rates for Water Service, Sewer Service, and Water and Sewer Service and adopting revised fees in the City's Fee Schedule with an effective date on June 1, 2008; andTo adopt an Ordinance amending Durham City Code Section 70-50(a) pertaining to Water and Sewer Capital Facilities Fees and adopting revised fees in the City's Fee Schedule with an effective date of September 1, 2008.
(Resource Person: Don Greeley – 4381) (Attachment #49 –10 pages) (PR# 5007)
52. Purchase and Contract Approval Thresholds
To adopt a Resolution to supersede Resolution #7638 and grant the City Manager authority to make, approve, award, execute and amend service contracts as long as the original or amended amount of the contract does not exceed $150,000.00 for services; andTo direct the City Manager to make a recommendation, to the appropriate Council committee, for a local act to be adopted by the N. C. General Assembly during 2009 that will allow the Council to delegate authority to the City Manager to make, approve, award and execute the purchase of apparatus, supplies, materials and equipment, and contracts for construction and repair contracts with dollar amount limits as specified by the Council.
(Resource Person: Arche McAdoo – 4455) (Attachment #52 – 4 pages) (PR# 4595)
[General Business Agenda – Public Hearings]
37. Mini Assessment Roll for Sewer Main on Hillock Place from West Property Line of Tax Map 821-1-6 to North Property Line of Tax Map 821-1-7H
To find that the property of County of Durham, identified as Hillock Place, Lot 1, PIN 0814-02-55-2161, has not benefited from the sewer main improvement at this time and to relieve the assessment in the amount of $3,783.03 with the provision that a future frontage charge will be due and payable at the prevailing rate should the property connect to the sewer (in accordance with City policy).(Resource Persons: Edward R. Venable and Nathan L. McHenry - 4326) (Attachment #37 - 1 page) (PR# 4918)
38. Mini Assessment Roll for Water Main on Massey Chapel Road from Abron Drive to Fayetteville Road
To find that the property of Sarah Nicholson, identified as 7722 Massey Chapel Road, PIN 0718-04-61-6104, has benefited from the water main improvement and to confirm the assessment in the original amount of $1,920.00 with the terms of payment to be those specified by the Assessment Hardship Policy.(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #38 - 1 page) (PR# 4919)
40. T.W. Alexander Properties (Z07-24)
To conduct a public hearing and receive public comments on the zoning map change for T.W. Alexander Properties (Z07-24);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 Z07-24 out of CN, RS-M, and RR and placing same in and establishing same as OI(D) and 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, should the pending plan amendment (A07-09) be approved, 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, should the plan amendment be approved, 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, should the plan amendment be approved, based on consistency with the Comprehensive Plan, and considering the information contained in this report.
Planning Commission Recommendation and Vote: Denial, 7-4 on March 11, 2008. 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 concerns regarding impact on the environment and inadequate bicycle and pedestrian facilities provided in the development plan.
[The site is located between South Alston Avenue and T.W. Alexander Drive, south of Stonesthrow Lane. PINs: 0737-01-47-4898, -48-5553]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #40 - 37 pages) (PR# 4945)
41. McClain Houses (Z0800006)
To conduct a public hearing and receive public comments on the zoning map change for McClain Houses (Z0800006);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 Z0800006 out of RR 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; 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 northeast corner of Cheek Road and Roane Street. PINs: 0842-17-20-3753, -3898)]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #41 - 14 pages) (PR# 4947)
42. Sierra Initial (Z07-14A)
To conduct a public hearing and receive public comments on the initial zoning map change for Sierra Initial (Z07-14A);To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish PDR 3.000, 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 east side of Doc Nichols Road, north of Leesville Road and east of Olive Branch Road. PIN's 0860-03-33-3314, -01-20-8767, 0767-01-27-6679, -28-5772]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #42 - 17 pages) (PR# 4926)
43. Plan Amendment – T.W. Alexander Properties (A07-09)
To conduct a public hearing and receive public comments on the T.W. Alexander Properties (A07-09) Plan Amendment; andTo adopt a Resolution to Change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Office to Commercial and Commercial to Office.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #43 - 13 pages) (PR# 4911)
44. Southwest Regional Library (Z0800004)
To conduct a public hearing and receive public comments on the zoning map change for Southwest Regional Library (Z0800004);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 Z0800004 out of OI(D) and RS-10 and placing same in and establishing same as OI; 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 on the east side of Shannon Road, north of Old Chapel Hill Road, south of Martin Luther King, Jr. Parkway. PINs: 0810-14-33-4686, -5910, -34-5036)]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #44 - 15 pages) (PR# 4946)
45. Unified Development Ordinance (UDO) Text Amendment – FEMA Firm Update (TC0800002)
To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – FEMA Firm Update (TC0800002); andTo adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 8, Environmental Protection.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #45 - 5 pages) (PR# 4977)
51. Street, Parks and Recreation and Open Space Impact Fee Revisions
To conduct a public hearing on May 5, 2008 to receive citizen's comments on proposed changes to the Street, Parks and Recreation and Open Space Ordinance (Durham City Code - Chapter 25); andTo adopt the revised Street, Parks and Recreation and Open Space Ordinance (Durham City Code - Chapter 25).
(Resource Person: Julie Brenman – 4111 ext. 282) (Attachment #51 – 23 pages) (PR# 5022)
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