City Council meeting Monday night

It has been a while since the City Council met, and the agenda is long, but mainly covers contracts and some zoning hearings. 

 

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 May 19, 2008, June 2, 2008 and June 16, 2008 City Council Meetings;

To approve City Council action taken at the May 22, 2008 and June 5, 2008 City Council Work Sessions; and To approve minutes for the June 9, 2008 Joint Meeting of the Durham City Council and Durham Board of County Commissioners.

(Resource Person: D. Ann Gray – 4166) (PR# 5251)

2. Passenger Vehicle for Hire Commission - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Passenger Vehicle For Hire Commission with the term to expire on January 1, 2010.

(Due to the term expiring of Hatim M. Elzubair

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 – 4 pages) (PR# 5249)

3. Durham Area Transit Authority - Receipt and Acceptance of Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Durham Area Transit Authority with the term to expire on March 1, 2009.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 – 5 pages) (PR# 5253)

4. Citizens Advisory Committee - Receipt and Acceptance of Applications

To receive and accept applications to fill three (3) vacancies on the Citizens Advisory Committee with two terms expiring on June 30, 2010 and one term expiring on June 30, 2011.

(Due to vacancies)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 – 12 pages) (PR# 5254)

5. Workforce Development Board – Receipt and Acceptance of Applications and Appointments

To receive and accept applications and to appoint the following citizens to the Workforce Development Board to represent Private Sector as recommended by the Durham Chamber of Commerce with the terms to expire on June 30, 2010, Robin Carole Miller, Janis M. Clark, Autrice Campbell Long and John A. Rodriguez.

(Due to vacancies and the expired term of Robin Miller)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 15 pages) (PR# 5255)

6. Recreation Advisory Commission - Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill three (3) vacancies on the Recreation Advisory Commission with two (2) terms to expire on August 8, 2011 and one (1) term to expire on August 8, 2010.

(Due to the terms expiring of Dan Moushon, Umar Muhammad and Linwood Webster)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 12 pages) (PR# 5264)

7. Durham Civic Center Authority - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Civic Center with the term to expire on July 31, 2011.

(Due to the term expiring of George Stanziale, Jr.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 4 pages) (PR# 5242)

8. Setting a Public Hearing Regarding Proposed Minimum Nonresidential Building Code and Recent Modification of Minimum Housing Code

To set a public hearing for August 18, 2008 to receive citizen comments on the Proposed Minimum Nonresidential Building Code and recent amendment to the Minimum Housing Code.

(Resource Person: Constance Stancil – 4570) (PR# 5025)

9. Bid Report - May 2008

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of May 2008.

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #9 - 19 pages) (PR# 5226)

10. Bid Report - June 2008

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of June 2008.

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #10 - 10 pages) (PR# 5227)

11. Bids - Term Contract for Asphaltic Concrete

To accept the bid from Carolina Sunrock Corporation in the amount of $803,375.00 for providing the City with its Estimated Annual Requirements for Asphaltic Concrete;

To authorize the City Manager to enter into a contract with Carolina Sunrock Corporation in the amount of $803,375.00 for providing the City with its Estimated Annual Requirements for Asphaltic Concrete; 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 and Lynette McRae – 4132) (Attachment #11 - 5 pages) (PR# 5235)

12. Bids - Term Contract for Aggregates

To accept the bid from Carolina Sunrock Corporation in the amount of $176,727.50 for Section I - Aggregates Delivered and Section II – Aggregates – Picked Up and Hanson Aggregates Southeast, Inc. in the amount of $101,175.00 for Section III – Special Aggregates Delivered;

To authorize the City Manager to enter into contracts with Carolina Sunrock Corporation in the amount of $176,727.50 for Section I - Aggregates Delivered and Section II – Aggregates – Picked Up and Hanson Aggregates Southeast, Inc. in the amount of $101,175.00 for Section III – Special Aggregates Delivered; and

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #12 - 8 pages) (PR# 5233)

13. Bids - Term Contract for Gasoline

To accept the bid from James River Solutions, in the amount of $6,222,780.00 for providing the City with its Estimated Multi-Year Requirements for Gasoline;

To authorize the City Manager to enter into a contract with James River Solutions, in the amount of $6,222,780.00 for providing the City with its Estimated Multi-Year Requirements for Gasoline; 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 and Lynette McRae – 4132) (Attachment #13 - 5 pages) (PR# 5234)

14. Street Closing - A 69.58 Linear Foot Portion of Ramseur Street (SC0800002)

To adopt a resolution to set a public hearing on September 2, 2008, for the proposed closing of a 69.58 linear foot portion of Ramseur Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #14 - 6 pages) (PR# 5210)

15. Street Closing - A 501.05 Linear Feet Unnamed Alley between South Dillard Street and South Elizabeth Street (SC0800003)

To adopt a resolution to set a public hearing on September 2, 2008, for the proposed closing of a 501.05 linear feet unnamed alley between South Dillard Street and South Elizabeth Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #15 - 6 pages) (PR# 5211)

16. Street Closing - 360.52 Linear Feet of East Peabody Street between South Dillard Street and South Elizabeth Street (SC0800004)

To adopt a resolution to set a public hearing on September 2, 2008, for the proposed closing of 360.52 linear feet of East Peabody Street between South Dillard Street and South Elizabeth Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #16 - 6 pages) (PR# 5212)

17. Street Closing – 138.96 Linear Feet of an Unnamed Alley between East Peabody Street and East Ramseur Street (SC0800005)

To adopt a resolution to set a public hearing on September 2, 2008, for the proposed closing of 138.96 linear feet of an unnamed alley between East Peabody Street and East Ramseur Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #17 - 6 pages) (PR# 5213)

18. Street Closing – 105.74 Linear Foot Portion of South Dillard Street (SC0800009)

To adopt a resolution to set a public hearing on September 2, 2008, for the proposed closing of 105.74 linear foot portion of South Dillard Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #18 - 6 pages) (PR# 5214)

19. Non-City Agency Program Specific Compliance Evaluations (June, 2008)

To receive and accept the Non-City Agency Program Specific Compliance Evaluations (June, 2008) as presented and approved at the June 23, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #19 - 10 pages) (PR# 5230)

20. Procurement Card Compliance Audit (April, 2008)

To receive and accept the Procurement Card Compliance Audit (April, 2008) as presented and approved at the June 23, 2008 meeting of the Audit Services Oversight Committee Meeting.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #20 - 15 pages) (PR# 5224)

22. FY 08-09 Agreement to Implement the Durham 10 Year Results Plan to End Homelessness, between the City of Durham, the County of Durham and Triangle United Way

To authorize the expenditure of $67,790.00 in general funds for continued implementation of the 10-Year Results Plan to End Homelessness;

To authorize the City Manager to execute the Agreement to Implement the 10-Year Plan between the City, the County, and Triangle United Way, Inc.; and

To authorize the City Manager to make changes to the Agreement prior to execution which do not increase the funding amount, lessen the duties of Triangle United Way, Inc. or extend the term of the agreement beyond June 30, 2009.

(Resource Person: Susan Solakian – 4570 ext. 250) (Attachment #22 - 7 pages) (PR# 5269)

25. Amendment to Employment and Training 2006-2008 Grant Project Ordinance #13467

To authorize the City Manager to accept the State of North Carolina Employment and Training Grant by executing the grant documents; and

To adopt the City of Durham and the State of North Carolina "Employment and Training" Grant Project Ordinance FY 2006-2008 superseding Grant Project Ordinance #13467 in the amount of $2,174,615.00.

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #25 - 5 pages) (PR# 5256)

26. Amendment of City of Durham Employment and Training 2007-2009 Grant Project Ordinance #13531

To authorize the City Manager to accept the North Carolina "Employment and Training" Grant by executing the grant documents; and

To adopt the City of Durham and the State of North Carolina "Employment and Training" Grant Project Ordinance FY 2007-2009, superseding Grant Project Ordinance # 13531 in the amount of $1,357,231.00.

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #26 - 5 pages) (PR# 5257)

27. Reimbursement Resolutions for Cops and Water and Sewer Revenue Bond Funded Projects

To adopt resolutions declaring the intent of the City to reimburse itself for capital expenditures incurred in connection with COPs financing for certain cultural facilities and equipment, various parking deck improvements, public safety facilities and equipment, and improvements to public buildings; and in connection with Revenue Bond financing for various improvements to the City's water and wastewater system of certain tax-exempt obligations to be executed during calendar year 2009.

(Resource Person: John Allore – 1330 ext. 262) (Attachment #27 - 7 pages) (PR# 5232)

28. Proposed Advanced Acquisition for the Future Expansion of Lake Michie Property of Harold R. and Betty F. Toler

To approve the acquisition in fee simple absolute of unimproved land from Harold R. and Betty F. Toler, identified as PIN # 0848-04-51-6951 (±7.96 acres) for $10,250.00 per acre for a total purchase price of $81,590.00.

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #28 - 4 pages) (PR# 5236)

29. Proposed Acquisition of Property Located at 3743 Cub Creek Road for Carver Street Extension Project Parcel #171919

To approve the fee simple absolute acquisition of a 1.336+ acre lot, Parcel #171919, from William R. and Sara B. Dodson for $41,500.00.

(Resource Person: Cecil Woods – 4197 ext. 251) (Attachment #29 - 5 pages) (PR# 5241)

30. Eno River Greenway Increase Construction Contingency

To increase the project contingency by $92,151.00, from the originally authorized amount of $81,565.00 to $173,716; and

To authorize the City Manager to negotiate and execute change orders on the Eno River Greenway Project provided that the cost of all change orders does not exceed the contingency and provided the total construction cost does not exceed $1,469,137.00.

(Resource Person: T.J. McDermott IV – 4197 ext. 242) (Attachment #30 - 4 pages) (PR# 5262)

31. Third Fork Creek Trail CMAR Agreement and CIP Ordinance Amendment

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal year 2008-2009, Ordinance #13632 as amended; for the purpose of increasing the total appropriation to Open Space and Greenways (Third Fork Creek Trail) by $402,590.00; reducing the Park Renovations Project by $177,411.00; reducing the Athletic Field Renovations Project by $44,993.00; reducing North South Greenway Upgrade Project by $159,200.00; reducing Eno River Greenway Project by $20,986.00.;

To authorize the City Manager to negotiate and execute an "Amendment No. 2" with Skanska USA Building for construction of the Third Fork Creek Trail Project, if the Final Guaranteed Maximum Price (GMP) does not exceed $2,237,352.00;

To establish a project contingency equal to the difference between $2,487,352.00 (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 Third Fork Creek Project, provided the total project cost does not exceed the amount budgeted for construction phase services.

(Resource Person: T.J. McDermott, IV – 4197 ext. 242) (Attachment #31 - 10 pages) (PR# 5270)

33. North Parking Garage Lease with American Campus Operating Company, LLC

To adopt a resolution that authorizes the City Manager to advertise for upset bids in accordance with G.S. 160A-269 for the lease of 149 spaces in year one, 187 spaces in year two, and 225 spaces in year three and through the remainder of the term and provides that if no upset bids are received, the City Manager may accept the offer from American Campus Operating Company, LLC to lease the parking spaces with an option to renew for one five-year term at the rate established by City Council, which is currently $45 per month per parking space;

To authorize the City Manager to execute the Second Amendment To the Parking Facility Management Agreement for the North Garage by and between The City of Durham and American Campus, LLC; and

To authorize the City Manager to execute the Lease Agreement and make changes to the agreement prior to execution provided such changes do not differ from the intent of the Agenda Memo.

(Resource Person: Shelia A. Huggins – 4197) (Attachment #33 - 33 pages) (PR# 5282)

34. North Carolina League of Municipalities Green Challenge

To adopt a Resolution for the City of Durham to participate in the North Carolina League of Municipalities Green Challenge.

(Resource Person: Tobin Freid – 919-560-7999) (Attachment #34 - 3 pages) (PR# 5246)

35. Carolina Theatre Facility Closure Impact

To authorize the City Manager to make a payment to The Carolina Theatre of Durham, Inc. in the amount of $50,000.00 as a grant to offset operating losses that occurred as a result of the closure due to building repairs.

(Resource Person: Wanda S. Page – 4222 ext. 230) (Attachment #35 – 7 pages) (PR# 5304)

36. 2007 Annual Report Durham Open Space and Trails Commission

To receive and accept the 2007 Annual Report of the Durham Open Space and Trails Commission.

(Resource Person: Dan Clever, Chair – 4137) (Attachment #36 - 9 pages) (PR# 5215)

37. The North Carolina Branch of the King's Daughters and Sons Grant Award

To authorize the City Manager to accept the North Carolina Branch of the King's Daughters and Sons Grant in honor of Eric Hester to support the Durham's Citizens Observer Patrol Program by executing the grant documents; and

To adopt the North Carolina Branch of the King's Daughters and Sons Grant Project Ordinance in the Amount of $1,000.00.

(Resource Person: Mark Sykes – 4265) (Attachment #37 - 3 pages) (PR# 5248)

38. 2008 Edward Byrne Memorial Justice Assistance Grant Award

To authorize the City Manager to execute an inter-local agreement between the County of Durham and the City of Durham to submit a joint application for the aggregate of funds allocated to Durham county and for the City to receive one half ($34,509.50) of the awarded JAG funds for purposes identified in the joint application; and

To adopt the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Programs 2008 JAG Program Grant Project Ordinance in the amount of $34,509.50.

(Resource Person: Mark Sykes – 4265) (Attachment #38 - 4 pages) (PR# 5258)

39. Amendment to Chapter 70 Article XI, Section 70-751 Payments to Stormwater Facility Replacement Fund

To adopt an Ordinance Amending Chapter 70 Article XI, Section 70-751 Durham City Code to clearly define projects eligible for a reduction in payment to the Stormwater Facility Replacement Fund.

(Resource Person: Sandra Wilbur – 4326 ext. 286) (Attachment #39 - 3 pages) (PR# 5247)

40. Professional Services Agreement for the Initial Planning Document for the South Roxboro Street Extension

To authorize the City Manager to execute a Supplemental On-Call Agreement with Kimley-Horn and Associates in an amount not to exceed $433,130.00 for the initial planning document for the South Roxboro Street Extension; and

To 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 version approved by the City Council.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #40 - 4 pages) (PR# 5267)

41. Contract for Installation of Traffic Signal with Mast Arms at Briggs Avenue at Lawson Street and NC147 Southbound On-Ramp

To authorize the City Manager to execute a contract with Fulcher Electric of Fayetteville, Inc. in the amount of $115,385.39 for the installation of a traffic signal with mast arms at Briggs Avenue at Lawson Street and NC 147 Southbound On-Ramp;

To establish a project contingency fund in the amount of $11,538.54; and negotiate change orders to the project provided the cost of all change orders does not exceed $11,538.54 and the total project cost does not exceed $126,923.93.

(Resource Person: Pete Nicholas – 4366) (Attachment #41 - 83 pages) (PR# 5268)

42. Contract for Installation of Traffic Signal with Mast Arms at E. Pettigrew Street at Driver Street and Peabody Street and Associated Capital Project Ordinance Amendment

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2008-09, as amended, the same being Ordinance #13632 for the purpose of recognizing additional N.C. Department of Transportation revenue of $160,000.00;

To authorize the City Manager to execute a contract with Fulcher Electric of Fayetteville, Inc. in the amount of $132,610.00 for the installation of a traffic signal with mast arms at E. Pettigrew Street at Driver Street and Peabody Street;

To establish a project contingency fund in the amount of $13,261.00; and

To authorize the City Manager to negotiate change orders to the project provided the cost of all change orders does not exceed $13,261.00 and the total project cost does not exceed $145,871.00.

(Resource Person: Pete Nicholas – 4366) (Attachment #42 - 5 pages) (PR# 5277)

43. Microsoft Enterprise Software Licensing Agreement

To accept the bid from CompuCom Systems Incorporated;

To authorize the City Manager to execute the contract in the amount of $258,043.75 per year or for a three-year total of $774,131.25 to furnish the City of Durham with a Microsoft Enterprise Licensing Agreement to cover the licensing of desktops, servers and training software for a three-year period; 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 Person: Martha J. Lester-Harris – 4122 ext. 229) (Attachment #43 - 17 pages) (PR# 5261)

44. Computer Lease Agreement Amendment - ePlus Group, Incorporated

To authorize the City Manager to execute a four (4) year lease agreement amendment with ePlus Group, Inc. for 251 desktop computers, 20 workstations, and 108 laptops in the amount of $107,117.88 annually for four (4) years or a total of $428,471.52; and

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

(Resource Person: Martha J. Lester-Harris – 4122 ext. 229) (Attachment #44 – 7 pages) (PR# 5266)

46. Proposed Supplemental Agreement No. 1 to Easement No. DACW21-2-98-3619 with the US Army Corps of Engineers

To authorize the City Manager to execute a Proposed Supplemental Agreement No. 1 to Easement No. DACW21-2-98-3619 with the US Army Corps of Engineers; and

To authorize the City Manager to modify the contract before execution provided the modifications do not increase the dollar amount of the contract and are consistent with the general intent of the version of the contract approved by City Council

(Resource Person: James Harding – 4381) (Attachment #46 - 10 pages) (PR# 5260)

48. Contract Amendment - Contract SR-48 – Utility Easement Maintenance Mowing/Hand Cutting

To authorize the City Manager to execute a contract amendment with Bushhog America, Inc., for Contract SR-48 – Utility Easement Maintenance Mowing/Hand Cutting in the amount of $180,000.00 with the total project cost not to exceed $754,000.00; and

To authorize the City Manager to make changes to the contract before execution provided the changes do not increase the amount to be paid by the City and do not decrease the goods and services to be provided to the City.

(Resource Person: Donald F. Greeley – 4381) (Attachment #48 - 2 pages) (PR# 5273)

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

50-63. These items can be found on the General Business Agenda – Public Hearings.

69. 2008-2010 On-Call Professional Services

To approve the 2008-2010 On-Call Professional Services Master Agreements and Pool List.

(Resource Person: Larry Peace – 4157) (Attachment #69 – 10 pages) (PR# 5137)

70. 2008-2010 Professional Temporary Staffing Services

To approve the 2008-2010 Professional Temporary Staffing Services Master Agreements and Pool List.

(Resource Person: Larry Peace – 4157) (Attachment #70 – 6 pages) (PR# 5173)

[General Business Agenda]

49. Quarterly Crime Report

To receive a presentation on the Police Department's Quarterly Crime Report.

(Resource Person: Jose L. Lopez, Sr. – 4322) (Attachment #49 – 37 pages)

[General Business Agenda – Public Hearings]

50. Zoning Map Change – Fairfield at Hillandale (Z07-39)

To conduct a public hearing and receive public comments on the zoning map change for Fairfield at Hillandale (Z07-39);

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 Z07-39 out of RS-M, RU-5 and CG and placing same in and establishing same as RU-M(D) and CG(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; 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: Denial, 10-1 on February 12, 2008. The Planning Commission finds that the ordinance request is 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 inconsistency with neighboring land uses, problems with traffic congestion, concerns regarding impacts on the environment and opposition from the community.

[The site is located at 2800, 2951 Bertland Avenue, and 2619 Omah Street, south side of Bertland Avenue, west of Omah Street, north of I-85 and east of Hillandale Road. PIN's: 0813-20-90-6113; 0823-17-00-0360, -3106)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #50 - 42 pages) (PR# 5244)

51. Plan Amendment – Eno Drive at Denfield Street (A0800002)

To conduct a public hearing and receive public comments on the Eno Drive at Denfield Street (A0800002) Plan Amendment; and

To adopt a resolution to change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Commercial to Low Density Residential (4 DU/Ac. or Less)

Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments

Planning Commission Recommendation: Approval, 9-4, June 10, 2008, based on the justification and meeting the four criteria for plan amendments

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #51 - 13 pages) (PR# 5239)

52. Plan Amendment – Boulder/NC 54 (A07-14)

To conduct a public hearing and receive public comments on the Boulder/NC 54 (A07-14) Plan Amendment; and

To adopt a resolution to change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Low-Medium Density Residential (4-8 DU/Ac. or Less) to Office.

Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments

Planning Commission Recommendation: Denial, 13-0, June 10, 2008, based on the justification and meeting the four criteria for plan amendments

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #52 - 10 pages) (PR# 5238)

53. Street Closing – A 302.35 Linear Foot #10 Alley Between Iredell Street and Broad Street (SC07-16)

To conduct a public hearing on the permanent closing of a 302.35 linear foot alley between Iredell Street and Broad Street; and

To adopt an Order permanently closing a 302.35 linear foot alley between Iredell Street and Broad Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #53 - 9 pages) (PR# 5209)

54. Street Closing - An Unopened Portion of T.W. Alexander Drive located between Miami Boulevard and Page Road (SC07-10)

To conduct a public hearing to permanently close a 236.85 linear foot turnout portion of T.W. Alexander Drive located on the north side of T.W. Alexander Drive, east of Miami Boulevard and west of Page Road; and

To adopt an Order permanently closing a 236.85 linear foot turnout portion of T.W. Alexander Drive located on the north side of T.W. Alexander Drive, east of South Miami Boulevard and west of Page Road.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #54 - 10 pages) (PR# 5237)

55. Zoning Map Change – Angier Haven (Z05-45)

To conduct a public hearing and receive public comments on the zoning map change for Angier Haven (Z05-45);

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 Z05-45 out of RS-20 and CG and placing same in and establishing same as RS-M(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; 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 8-3 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, 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 Angier Avenue, west of Ruritan Road and south of Glover Road. PIN's: 0840-04-42-8613, -41-9968, -03-41-7822)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #55 - 21 pages) (PR# 5208)

56. Zoning Map Change - Brightleaf Tract 3 Outparcel (Z0800001)

To conduct a public hearing and receive public comments on the zoning map change for Brightleaf Tract 3 Outparcel (Z0800001);

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 Z0800001 out of RS-20; F/J-B and placing same in and establishing same as PDR 3.990; F/J-B 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, 13-0 on June 10, 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 #56 - 19 pages) (PR# 5216)

57. Zoning Map Change – Gateway Terrace (Z0800021)

To conduct a public hearing and receive public comments on the zoning map change for Gateway Terrace (Z0800021);

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 Z0800021 out of RS-20 and OI; MTC and placing same in and establishing same as OI(D) and CG(D); MTC; 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, 11-2 on June 10, 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 element proffered by the applicant at the meeting.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #57 - 32 pages) (PR# 5218)

58. Zoning Map Change – Boulder/Hwy 54 (Z07-34)

To conduct a public hearing and receive public comments on the zoning map change for Boulder/Hwy 54 (Z07-34);

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 Z07-34 out of RR, RS-20 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: Denial, based on inconsistency with the Comprehensive Plan, and considering the information contained in this report and that the zoning change will create a non-conforming situation.

Planning Commission Recommendation and Vote: Denial, 13-0, on June 10, 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 traffic, neighboring land uses, and potential for the creation of a nonconforming use.

[The site is located on the south side of NC 54, west of Boulder Road and east of I-40. PIN's: 0728-01-15-0654, -2670)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #58 - 15 pages) (PR# 5222)

59. Zoning Map Change - EPCON Initial (Z0800016A)

To conduct a public hearing and receive public comments on the initial zoning map change for EPCON Initial (Z0800016A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Planned Development Residential (PDR 4.020), Residential Suburban-20 (RS-20); Falls/Jordan Protected Area (F/J-B), Major Transportation Corridor (MTC) 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 west side of Farrington Road, south of the intersection with Ephesus Church Road. PIN's 0709-03-22-6087, -9191, -21-4287]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #59 - 13 pages) (PR# 5219)

60. Zoning Map Change - Elementary School B Initial (Z0800020A)

To conduct a public hearing and receive public comments on the initial zoning map change for Elementary School B Initial (Z0800020A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Rural (RR); Falls/Jordan Protected Area (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, while the action is not consistent with the Comprehensive Plan, it 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 Northern Durham Parkway, south of Sherron Road. PIN 0850-04-42-6963]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #60 - 9 pages) (PR# 5221)

61. Zoning Map Change - Brightleaf Commons Initial (Z05-18A)

To conduct a public hearing and receive public comments on the initial zoning map change for Brightleaf Commons Initial (Z05-18A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Rural (RR), Residential Suburban (RS-20), Commercial General (CG) and Office Institutional (OI); Falls/Jordan Protected Area (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, while the action is not consistent with the Comprehensive Plan, it 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 north side of US 70 at Sanders Avenue, east of Hinesley Drive and west of Angier Avenue. PIN's 0759-01-18-3456, -6965, -7523, -8788, -8712, -9400, -9825, 28-0163, -0684, -2448, -4469, -5628, -6237, -6405, -7168]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #61 - 10 pages) (PR# 5223)

62. Zoning Map Change – Bivins Creek Initial (Z0800014A)

To conduct a public hearing and receive public comments on the initial zoning map change for Bivins Creek Initial (Z0800014A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Rural (RR) and Planned Development Residential (PDR 2.000); Eno-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, it 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 north side of Bivins Road and west of Crystal Creek Drive PIN 0815-04-60-5831]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #62 - 9 pages) (PR# 5217)

63. Unified Development Ordinance (UDO) Text Amendment – Commercial Neighborhood Minor Special Use Permit (CN MSUP) (Tc0700018)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Commercial Neighborhood Minor Special Use Permit (CN MSUP) (TC07000018); and

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 3, Applications and Permits, and Article 6, District Intensity Standards.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #63 - 21 pages) (PR# 5240)

[Adjournment]