City Council meeting Tuesday

Because of Labor Day, the next Council meeting is on a Tuesday.  The so-called "Development Review Process Improvement Project" items seem to be part of Bell and Vorhees' proposal to make it even easier for developers to run roughshod over the community than it is now.   

 

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 the City Council minutes for the August 4, 2008 City Council Meeting; and

To approve City Council action taken at the July 24, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5370)

2. Citizens Advisory Committee - Appointment

To appoint Corinna Page to the Citizens Advisory Committee with the term to expire on June 30, 2011.

Note: At the Work Session on August 21, 2008, Ms. Page received seven (7) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 5366)

3. Durham Housing Authority Board of Commissioners - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Housing Authority Board of Commissioners with the term to expire on September 28, 2013.

(Due to the term expiring of Isaac A. Robinson)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 4 pages) (PR# 5368)

4. Extension of Janitorial Service Contract for Fleet Management Department

To authorize the City Manager to extend the Fleet Management and Communications Maintenance Janitorial Services Contract with Jan Pro Cleaning Systems of Raleigh, North Carolina for a Two Year Period for the amount of $31,872.00; and

To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract, except that increases in the dollar amount of the contract which are solely attributable to the city's livable wage ordinance are allowed.

(Resource Person: Kent Cash – 4101) (Attachment #4 - 3 pages) (PR# 5341)

5. Design-Build Agreement for the Durham Skateboard Park

To adopt a resolution, pursuant to N.C. General Statute §143-64.32, exempting the Durham Skateboard Park Project from NC General Statute 143-64.31;

To authorize the City Manager to execute the Design-Build Agreement for the Durham Skateboard Park with the joint venture team of Lumina Builders, Inc. and Pillar Design Studios in the amount of $371,600.00;

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

To establish a project contingency in the amount of $59,125.00; and To authorize the City Manager to negotiate and execute change orders on the Design-Build Agreement for the Durham Skateboard Park provided the total project cost does not exceed $430,725.00.

(Resource Person: Henri Prosperi – 4197 ext. 253) (Attachment #5 - 71 pages) (PR# 5365)

6(a). Development Review Process Improvement

To receive an update on the Development Review Process Improvement Project.

(Resource Person: Theodore L. Voorhees – 4222 ext. 231) (Attachment #6 – 4 pages) (PR# 5381)

6(b). This item can be found on the General Business Agenda.

7. Contract Amendment- Amend Contract with RTP Signs and Graphics

To authorize the City Manager to amend the contract with RTP Signs and Graphics to extend the term of the contract from October 1, 2008 to October 1, 2009; 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: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #7 - 2 pages) (PR# 5352)

8. Use of Asset Forfeiture Funds to Procure Training and Equipment to Enhance Police Operations

To authorize the use of asset forfeiture funds in an amount not to exceed $727,000.00 to procure Training and Equipment to Enhance Police Operations:

1.	Upgrade of the Department's in-car video program	$370,000.00
2.	Furniture for the District 2 Substation (Keller-Williams)	$40,000.00
3.	Audio visual eq. and furniture for the Com-Stat Room	$150,000.00
4.	Canine training contract	$21,000.00
5.	Additional training funds	$40,000.00
6.	Voice stress analysis equipment	$11,000.00
7.	Crime Prevention Initiatives	$20,000.00
8.	Five (5) sets of emergency vehicle equipment	$20,000.00
9.	Bar code inventory system	$15,000.00
10.	Ten (10) mobile radios	$40,000.00

(Resource Person: Jesse Burwell – 4322) (Attachment #8 - 4 pages) (PR# 5367)

9. License Agreement with Abernathy Home Owners Association, Inc.

To authorize the City Manager to enter into a license agreement with Abernathy Home Owners Association, Inc. for installation of an irrigation system within Abernathy Drive; and

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

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #9 - 4 pages) (PR# 5353)

12 – 21. These items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda]

6(b). Development Review Process Improvement

To consider a change in procedure when considering land use cases requiring a Traffic Impact Analysis (TIA) whereby consideration of input from the North Carolina Department of Transportation (NCDOT) would no longer be a controlling factor in allowing a case to proceed through the rezoning process; and

To refer this matter to the Joint City County Planning Committee (JCCPC) for specific recommendations as to how this change in procedure should be carried out.

(Resource Person: Theodore L. Voorhees – 4222 ext. 231) (Attachment #6 – 4 pages) (PR# 5381)

[General Business Agenda – Public Hearings]

Assessments and Improvements

12. Ordering Improvement

To conduct a public hearing and receive public comments on the following proposed improvement; and

To adopt a resolution ordering the improvement:

a. Water Main on Ed Cook Road from Hickory Nut Drive to South Property Line of PIN 0739-02-79-0975

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #12 - 4 pages) (PR# 5346)

13. Mini Assessment Roll for Water and Sewer Laterals on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23

a. Property of Orville Frank Hinsdale

To find that the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-7470, has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

To find that the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-6349, has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

b. Property of Faye Hinesley

To find that the property of Faye Hinesley, identified as Edgerton Drive, vacant, PIN 0830-04-62-5451, has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

c. Property of Edgar Owen Allen (deceased)

To reconsider the water and sewer lateral assessments against the property of Edgar Owen Allen (deceased), identified as Edgerton Drive, vacant, PIN 0830-04-62-9305, and to find that the property has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

d. Property of Lorraine B. Green

To reconsider the water lateral assessment against the property of Lorraine B. Green, identified as 1911 Edgerton Drive, PIN 0830-04-62-8347, and to find that the property has not benefited from the water lateral improvement at this time and to relieve the assessment in the amount of $670.00, with the provision that a water lateral charge will be due and payable at the prevailing rate should the property connect to the water lateral (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #13 - 1 page) (PR# 5347)

14. Mini Assessment Roll for Water Main on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23

a. Property of Faye Hinesley

To find that the property of Faye Hinesley, identified as Edgerton Drive, vacant, PIN 0830-04-62-5451, has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $2,175.00, with the provision that a water frontage charge will be due and payable at the prevailing rate should the property connect to the water (in accordance with City policy).

b. Property of Orville Frank Hinsdale

To reconsider the assessment against the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-7470, and to find that the property has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $362.50, with the provision that a water frontage charge will be due and payable at the prevailing rate should the property connect to the water (in accordance with City policy).

To reconsider the assessment against the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-6349, and to find that the property has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $362.50, with the provision that a water frontage charge will be due and payable at the prevailing rate should the property connect to the water (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #14 - 1 page) (PR# 5348)

15. Mini Assessment Roll for Water Main on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street

To reconsider the assessment against the property of Baeton C. Rigsbee, identified as 1001 Chalk Level Rd, PIN 0823-11-57-1483, and to find that the property has not benefited from the water main improvement and to relieve the assessment in full in the amount of $1,363.00 (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #15 - 1 page) (PR# 5349)

16. Mini Assessment Roll for Water and Sewer Laterals on Chalk Level Road from Shaftsbury Street West to Stadium Drive

To reconsider the water and sewer lateral assessments against the property of Joe F. Berini Construction Co., Inc, identified as Chalk Level Rd, vacant, PIN 0823-10-47-6222; and

To find that the property has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #16 - 1 page) (PR# 5350)

17. Street Closing – A 69.58 Linear Foot Portion of Ramseur Street (SC0800002)

To conduct a public hearing on the permanent closing of a 69.58 linear foot portion of Ramseur Street; and

To adopt an Order permanently closing a 69.58 linear foot portion of Ramseur Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #17 – 11 pages) (PR# 5358)

18. Street Closing – A 501.05 Linear Foot #28 Alley between South Dillard Street and South Elizabeth Street (SC0800003)

To conduct a public hearing on the permanent closing of a 501.05 linear foot #28 Alley between South Dillard Street and South Elizabeth Street; and

To adopt an Order permanently closing a 501.05 linear foot #28 Alley between South Dillard Street and South Elizabeth Street. (Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #18 – 11 pages) (PR# 5359)

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

To conduct a public hearing on the permanent closing of 360.52 linear feet of East Peabody Street between South Dillard Street and South Elizabeth Street; and

To adopt an Order permanently closing 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 #19 – 11 pages) (PR# 5360)

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

To conduct a public hearing on the permanent closing of 138.96 feet of an unnamed alley between East Peabody Street and East Ramseur Street; and

To adopt an Order permanently closing 138.96 feet of an unnamed alley between East Peabody Street and East Ramseur Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #20 – 11 pages) (PR# 5361)

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

To conduct a public hearing on the permanent closing of a 105.74 linear foot portion of South Dillard Street; and

To adopt an Order permanently closing a 105.74 linear foot portion of South Dillard Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #21 – 11 pages) (PR# 5362)

[Adjournment]