1. Approval of City Council Minutes
To approve City Council minutes for the September 15, 2008 City Council Meeting; and
To approve City Council action taken at the September 4, 2008 City Council Work Session.
(Resource Person: D. Ann Gray – 4166)
(PR# 5510) 2. City-County Environmental Affairs Board - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill three (3) vacancies on the City-County Environmental Affairs Board representing Energy (term expires June 1, 2009), Law (term expires June 1, 2010) and Biological Sciences (term expires June 1, 2011).
(Due to resignations and the expired term of Raphael Sagarin)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 12 pages)
(PR# 5369) 3. Durham Open Space & Trails Commission - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill four (4) vacancies on the Durham Open Space & Trails Commission; three (3) vacancies to represent At-Large with terms expiring June 30, 2011 and one (1) vacancy to represent Ward 1 with term expiring June 30, 2010.
(Due to the terms expiring of Paula M. Childers, John A. Goebel and Josie McNeil-Owen and the resignation of Susan Willis)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 10 pages)
(PR# 5405) 4. Durham Bicycle & Pedestrian Advisory Commission - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill two (2) vacancies on the Durham Bicycle & Pedestrian Advisory Commission with one term to expire on August 31, 2010 and one term to expire August 31, 2011.
(Due to the expired term of Alan Dippy and the resignation of Lilah M. Besser)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 8 pages)
(PR# 5523) 5. 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 Historic Preservation Commission for an Architect with the term to expire on September 1, 2009.
(Due to the resignation of David Arneson)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 3 pages)
(PR# 5525) 6. City-County Appearance Commission - Receipt and Acceptance of an Application
To receive and accept applications for a citizen to fill one (1) vacancy on the City-County Appearance Commission with the term to expire on April 1, 2011.
(Due to the expired term of Eric Staehle)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 3 pages)
(PR# 5526) 7. Lyon Park Advisory Board - Appointments
To appoint Alicia Grant and Karin Douglas to the Lyon Park Advisory Board with terms expiring on June 30, 2010.
Note: At the Work Session on October 9, 2008, Ms. Grant and Ms. Douglas both received seven (7) votes.
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 5 pages)
(PR# 5544) 8. Workforce Development Board - Receipt and Acceptance of Applications and Appointments
To receive and accept applications and to appoint ShaShawnda L. Carlton and Geoffrey Luce as recommended by the Durham Chamber of Commerce (representing Private Sector) and Li-An Yeh (representing Public Sector-Educational Agency) to the Workforce Development Board with terms expiring on June 30, 2010.
(Resource Person: Laverne V. Brooks – 4166) (Attachment #8 - 17 pages)
(PR# 5549) 9. Bid Report – August 2008
To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of August 2008.
(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #9 - 7 pages)
(PR# 5480) 10. Piggyback Purchase - Twenty Hybrid Buses
To authorize the City Manager to enter into a contract with the Gillig Corporation in the amount of $10,678,353.00 for providing the City with twenty hybrid-transit buses from an existing City of Charlotte contract; 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 Stephen Mancuso – 1535) (Attachment #10 – 5 pages)
(PR# 5509) 11. Bids – Term Contract for Diesel Fuel
To accept the bid from James River Solutions, in the estimated amount of $3,317,050.00 for providing the City with its Estimated Multi-Year Requirements for Diesel Fuel;
To authorize the City Manager to enter into a contract with James River Solutions, in the estimated amount of $3,317,050.00 for providing the City with its Estimated Multi-Year Requirements for Diesel Fuel; 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# 5511) 12. Additional Purchase – Two Low Entry Refuse Collection Cab & Chassis
To authorize the City Manager to enter into a contract with Southern Truck Service, Inc., in the amount of $206,886.00 for providing the City with two Low Entry Refuse Collection Cab & Chassis; and
To authorize the City Manager to modify the contracts 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 Paul Koch – 4101) (Attachment #12 - 5 pages)
(PR# 5531) 13. Setting Public Hearings to Consider Ordering Petitioned Improvements
To accept a Certificate of Sufficiency from the Manager of Engineering and Stormwater for each of the following petitions; and
To adopt a resolution setting a public hearing for November 3, 2008 to consider ordering each of the following improvements:
Sidewalk on Sedwick Road (North Side) from Revere Road to Grandale Drive
Water Main on Valley Springs Road from Rivermont Road North, then West to Include PIN 0814-03-10-7214; Rose Road from Valley Springs Road to the North Property Line of PIN 0813-01-19-9957 and Forestdale Road from Valley Springs Road to the End of the Cul-de-sac
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #13 - 7 pages)
(PR# 5503) 14. Street Acceptances
To accept the streets on the attached list for maintenance by the City of Durham.
(Resource Person: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #14 - 5 pages)
(PR# 5504) 16. Naming Rights Agreement for the Stage of Durham Performing Arts Cente
To authorize the City Manager to execute a naming rights contract of the stage at the Durham Performing Arts Center with Robert D. Teer, Jr. on behalf of the Teer family in the amount of $1.2 million to be paid by the Teer family over a 10-year period; and
To authorize the City Manager to modify the contracts 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: Alan DeLisle – 4965 ext. 212) (Attachment #16 - 17 pages)
(PR# 5547) 18. Proposed Advanced Acquisition for the Future Expansion of Lake Michie, Property of Carolina Singh Associates
To approve the acquisition in fee simple absolute of unimproved land from Carolina Singh Associates, identified as PIN # 0847-04-73-8471 (±109.76 acres) for $8,500.00 per acre for a total purchase price of $932,960.00.
(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #18 - 3 pages)
(PR# 5484) 19. Lease Agreement with Members Credit Union
To authorize the City Manager to execute the Lease Agreement with Members Credit Union for a five-year lease for office space in the City Hall Annex; and
To authorize the City Manager to make changes to the lease agreement provided the changes do not decrease the lease rates or change the intent of the agreement.
(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #19 - 11 pages)
(PR# 5486) 20. Proposed Sale of 727 N. Mangum Street, Parcel ID# 104905 (City Tract #1981)
To declare the property at 727 N. Mangum Street surplus;
To propose to accept the offer of $30,000.00 from UDI Community Development Corporation to purchase the property at 727 N. Mangum Street and advertise for upset bids pursuant to the Upset Bid Procedure (G.S. 160A-269);
To delegate authority to the City Manager to accept the bid from the highest responsible bidder at the conclusion of upset bidding, pursuant to Section 86.3 of the City Charter; and
To authorize the City Manager or the Mayor to convey the property with a non-warranty deed.
(Resource Person: Donna Lunsford – 4197) (Attachment #20 - 6 pages)
(PR# 5506) 21. North Carolina Division of Environment and Natural Resources Urban and Community Forestry Grant for Durham Street Tree Canopy Analysis Project
To authorize the City Manager to accept the North Carolina Department of Environment and Natural Resources Urban and Community Forestry Grant for Durham Street Tree Canopy Analysis Project by executing the grant documents with the Davey Resource Group; and
To adopt the North Carolina Department of Environment and Natural Resources Urban and Community Forestry Grant Project Ordinance in the amount of $7,050.00.
(Resource Person: Alexander Johnson – 4197 ext. 275) (Attachment #21 - 8 pages)
(PR# 5518) 22. Durham Minimum Livable Wage Information
To receive a report on the Durham Minimum Livable Wage and to change the Durham Minimum Livable Wage to $10.95 per hour effective January 3, 2009; and
To approve a recommendation to make changes to the Durham Minimum Livable Wage ordinance.
(Resource Person: Alethea C. Bell – 4214) (Attachment #22 - 9 pages)
(PR# 5555) 23. Durham City County Interlocal Cooperation Agreement for Planning
To adopt the Interlocal Cooperation Agreement for Planning.
(Resource Person: Steven L. Medlin, AICP – 4132 ext. 223) (Attachment #23 - 17 pages)
(PR# 5438) 24. 2007 Highway Intensity Drug Trafficking Area (HIDTA) Grant
To authorize the City Manager to execute the grant agreement for the Executive Office of the President, Office of National Drug Policy, 2007 Highway Intensity Drug Trafficking Area (HIDTA) grant;
To adopt the Executive Office of the President, Office of National Drug Policy, 2007 Highway Intensity Drug Trafficking Area Grant Project Ordinance;
To authorize the City Manager to execute sub-recipient contracts between the Drug Enforcement Administration (DEA), and the State Bureau of Investigation (SBI) with the City of Durham in order to comply with required collaborations as set forth in the approved Federal award budget and HIDTA Initiative; and
To authorize the City Manager to modify the contracts 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: Steve Mihaich – 4322) (Attachment #24 - 33 pages)
(PR# 5508) 25. 2008 Highway Intensity Drug Trafficking Area (HIDTA) Grant
To authorize the City Manager to execute the grant agreement for the Executive Office of the President, Office of National Drug Policy, 2008 Highway Intensity Drug Trafficking Area (HIDTA) grant;
To adopt the Executive Office of the President, Office of National Drug Policy, 2008 Highway Intensity Drug Trafficking Area Grant Project Ordinance;
To authorize the City Manager to execute sub-recipient contracts between the Drug Enforcement Administration (DEA), State Bureau of Investigation (SBI), and the Raleigh Police Department, with the City of Durham in order to comply with required collaborations as set forth in the approved Federal award budget and HIDTA Initiative; and
To authorize the City Manager to modify the contracts 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: Steve Mihaich – 4322) (Attachment #25 - 47 pages)
(PR# 5516) 26. Contract Amendment for Professional Services Agreement with Stewart Engineering, Incorporated for Design and Construction Administration Including Construction Engineering Services
To authorize the City Manager to amend the professional services agreement with Stewart Engineering, Incorporated in the amount of $247,500.00 for increases in the design and construction administration for the NC 147 Pedestrian Bridge Project (North Carolina Department of Transportation U-4445); 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 Person: Edward R. Venable – 4326 ext. 233) (Attachment #26 - 3 pages)
(PR# 5530) 27. Resolution Authorizing an Agreement with the North Carolina Department of Transportation for an Apprenticeship
To adopt a resolution authorizing the City Manager to enter into an agreement with the North Carolina Department of Transportation for the Apprentice program; and
To adopt a City of Durham Grant Project Ordinance – Transportation Apprentice in the amount of $37,498.00 for the funding of this program.
(Resource Person: Felix Nwoko – 4366) (Attachment #27 - 56 pages)
(PR# 5538) 28. This item can be found on the General Business Agenda.
29. Ordinance to Clarify Solid Waste Department Fees for Bulky Item Pickup, Roll-Off Container Rental and Cart Rental
To adopt an Ordinance to Clarify Solid Waste Department Fees for Bulky Item Pickup, Roll-Off Container Rental and Cart Rental.
(Resource Person: Donald Long – 4186) (Attachment #29 - 7 pages)
(PR# 5535) 30. Service and Equipment Lease Agreements for IP Telephony System Implementation
To authorize the City Manager to execute a service agreement with FeatureTel Managed Communications, LLC in the amount of $873,970.40 to supply a fully managed IPT system for 3 years;
To authorize the City Manager to execute a 59 month lease agreement with Cisco Systems Capital Leasing in an amount not to exceed $990,000.00 for the lease, installation, and maintenance of Cisco Systems telephony and networking equipment; and
To authorize the City Manager to modify the agreements before execution provided that modifications do not increase the dollar amount and the modifications are consistent with the general intent of the existing version of the agreements.
(Resource Person: Bill Hess – 4122 ext. 231) (Attachment #30 – 80 pages)
(PR# 5515) 31. Contract Award for Construction of Cary Interconnection Project along NC 55
To authorize the City Manager to execute a contract with J. F. Wilkerson Contracting Co., Inc. for the Cary Interconnection Project in the amount of $897,860.00;
To establish a contingency fund for the contract in the amount of $180,000.00;
To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $180,000.00 and the total project cost of $1,077,860.00; 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 E. Harding – 4381 ext. 260) (Attachment #31 - 3 pages)
(PR# 5507) 32. Contract Amendment #1, SR-47 Sanitary Sewer Evaluation Study
To authorize the City Manager to execute a contract amendment #1 with Hydrostructures, PA for the extension of services under the SR-47, Sanitary Sewer Evaluation Study Project, increasing the original not to exceed contract amount by $350,000.00 for a total not to exceed amount of $1,044,334.50;
To authorize the City Manager to modify the amendment before execution provided the modifications do not increase the dollar amount of the amendment and are consistent with the general intent of the version of the Contract amendment by City Council; and
To authorize the City Manager to negotiate and execute change orders under the Agreement provided the total fee does not exceed $1,113,768.00, which is the total contract amount plus contingency.
(Resource Person: James Harding – 4381) (Attachment #32 - 6 pages)
(PR# 5522) 36 – 54. These items can be found on the General Business Agenda – Public Hearings.
61. Resolution Memorializing William I. Thornton, Jr.
To adopt a Resolution Memorializing William I. Thornton, Jr.
(Resource Person: Mayor William V. "Bill" Bell – 4333) (Attachment #61 – 1 page)
(PR# 5559) 64. This item can be found on the General Business Agenda – Public Hearings.
65. Joint City-County Planning Commission (JCCPC) Recommendation Regarding Transportation Impact Analyses (TIAs)
To receive a report on the Joint City-County Planning Commission (JCCPC) Recommendation Regarding Transportation Impact Analyses (TIAs). (Resource Person: Council Member Michael J. Woodard – 4396) (Attachment #65 – 3 pages)
(PR# 5610) 36. Proposed Nonresidential Building Code Ordinance
To conduct a public hearing and public comments related to the proposed Minimum Nonresidential Building Code;
To adopt a proposed Minimum Nonresidential Building Code Ordinance;
To adopt an Ordinance that designates a new division in chapter 10. Article VII captioned Unsafe Buildings entitled "supplemental Procedures"; and
To adopt an Ordinance to impose fee for noncompliance with administrator's order under the Nonresidential Building Code.
(Resource Person: Constance Stancil – 1647) (Attachment #36 - 28 pages)
(PR# 5452) 37. Historic Landmark Designation – Paschall's Bakery and Studebaker Building (LD0700001)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating Paschall's Bakery Building and Studebaker Building, 115-121 North Duke Street (LD0700001) as Historic Landmarks.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #37 - 8 pages)
(PR# 5488) 38. Historic Landmark Designation – Simpson-Umstead House (LD0700002)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Simpson Umstead House, 807 Hermitage Court Drive (LD0700002), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #38 - 7 pages)
(PR# 5489) 39. Historic Landmark Designation – Original Watts Hospital Building (LD0700003)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Original Watts Hospital Building, 302 Watts Street (LD0700003), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #39 - 7 pages)
(PR# 5490) 40. Historic Landmark Designation – Webb Thompson House (LD0700004)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Webb Thompson House (LD0700004), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #40 - 7 pages)
(PR# 5491) 41. Historic Landmark Designation – Penny Furniture Building (LD0700005)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Penny Furniture Building, 111 East Chapel Hill Street (LD0700005), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #41 - 8 pages)
(PR# 5492) 42. Historic Landmark Designation – Durham Laundry Building (LD0700006)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Durham Laundry Building, 209-211 North Church Street (LD0700006), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #42 - 7 pages)
(PR# 5493) 43. Historic Landmark Designation – L. D. Rogers Furniture Store Building (LD0700009)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the L. D. Rogers Furniture Store Building, 107 East Parrish Street (LD0700009), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #43 - 7 pages)
(PR# 5494) 44. Historic Landmark Designation – Rogers Drugs Building (LD0700010)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Rogers Drugs Building, 200 North Mangum Street (LD0700010), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #44 - 7 pages)
(PR# 5495) 45. Historic Landmark Designation – Tempest Building (LD0700011)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Tempest Building, 102 City Hall Plaza (LD0700011), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #45 - 8 pages)
(PR# 5496) 46. Historic Landmark Designation – Venable Center (LD0800001)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Venable Center, 302 East Pettigrew Street (LD0800001) as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #46 - 7 pages)
(PR# 5497) 48. Historic Landmark Designation – John O'Daniel Hosiery Mill Building (LD0800003)
To conduct a public hearing and receive public comment on the proposed Historic Landmark designation; and
To adopt an ordinance designating the John O'Daniel Hosiery Mill Building, 801 Gilbert Street (LD0800003), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #48 - 8 pages)
(PR# 5499) 49. Historic Landmark Designation – King's Daughters Home (LD0800004)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the King's Daughters Home, 204 North Buchannan Boulevard (LD0800004), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #49 - 8 pages)
(PR# 5500) 50. Historic Landmark Designation – C.C. Taylor Building (LD0800006)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the C.C. Taylor Building, 115 East Main Street (LD0800006), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #50 - 7 pages)
(PR# 5501) 51. Historic Landmark Designation – Johnson-Rogers House (LD0700008)
To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and
To adopt an ordinance designating the Johnson-Rogers House, 215 Monmouth Avenue (LD0700008), as a Historic Landmark.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #51 - 7 pages)
(PR# 5502) 52. Plan Amendment – Evaluation and Assessment Report (A0800005)
To conduct a public hearing and receive public comments on the Evaluation and Assessment Report (A0800005); and
To rectify the Future Land Use Map of the Durham Comprehensive Plan by approving the map changes that the County Board of Commissioners adopted in 2007.
Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments
Planning Commission Recommendation: Approval, 13-0, August 12, 2008, based on the justification and meeting the four criteria for plan amendments.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #52 - 22 pages)
(PR# 5534) 53. Ninth Street Plan
To continue the public hearing on the Ninth Street Plan for two additional cycles to November 17, 2008.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #53 - 3 pages)
(PR# 5512) 54. Sierra Initial (Z07-14A)
To conduct a public hearing and receive public comments on the initial zoning map change for Sierra Initial (Z07-14A); and
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 #54 - 17 pages
(PR# 5520) 64. Bandwidth.com, Inc.
To conduct a public hearing and receive public comments on Bandwidth.com, Inc.;
To authorize the City Manager to execute a contract with Bandwidth.com, Inc. for an economic development incentive in an amount not to exceed $400,000.00; and
To authorize the City Manager to make changes as may be needed so long as they do not increase the amount to be paid by the City nor reduce the benefits to be gained by the City.
(Resource Person: Alan DeLisle – 4965 ext. 212)
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