Council meeting Monday considering Meridian Parkway rezoning, etc.

The agenda item I am concerned about is the last one, about rezoning an area at the west end of Meridian Parkway (west of Highway 55 just north of I-40) at the confluence of Northeast Creek and a tributary, Holloway Creek, coming in from Barbee Road.  Most of the parcel is floodplain, and more hard surface on the upland part is one more contribution to increased flooding, erosion, and pollution downstream, as rain rapidly runs into the Creek, rather than soaking into the ground or draining more slowly through vegetation.  A little upstream of this site there is already flooding around the office buildings and downstream the hotel at Parkwest Crossing often gets flooded in the back.  The rezoning request is from light industrial to office and institutional.   

 

Tomorrow morning Durham government and citizens' groups are participating in the annual statewide Big Sweep cleanup along waterways. 

 

Noon to 3 there is a charrette meeting about revitalizing a Durham public cable access channel along the lines of The Peoples Channel in Chapel Hill (see www.durhammediacenter.org). 

 

In the news also, the Senate and today the House voted to bail out Wall Street at our expense, rather than help the average person directly.   It's funny that they have hundreds of billions for the "War on Terror" and bailouts, but not for social services, infrastructure, or reparations to oppressed groups in the USA, Afghanistan, or Iraq.  Congress also approved the nuclear deal with India, which developed and tested nuclear weapons and is not a signatory of the Nuclear Non-Proliferation Treaty, while the DPRK did the same thing after pulling out of the NPT and is condemned by the imperialists and is expected to allow inspectors free access to all locations in the country.  I would like to see what the US government would say if the Koreans or Iranians demanded free access to US sites to verify compliance with the NPT.  I also wonder how Price voted on the nuclear deal (he already told the press that he supports the bailout).       

City Council agenda

The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Announcements By Council

Priority Items By The City Manager, City Attorney And City Clerk

[Consent Agenda]

1. Approval of City Council Minutes

To approve City Council minutes for the August 18, 2008 and September 2, 2008 City Council Meetings; and

To approve City Council action taken at the August 21, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5412)

2. Mayor's Nominee for Appointment - Human Relations Commission

To appoint Pamela Morris as Mayor's appointee to the Human Relations Commission with the term to expire on June 30, 2011.

(Due to a vacancy)

(Resource Person: LaVerne Brooks – 4166) (Attachment #2 - 5 pages) (PR# 5473)

3. Lyon Park Advisory Board - Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill two (2) vacancies on the Lyon Park Advisory Board.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 5 pages) (PR# 5474)

4. Human Relations Commission - Reappointment

To reappoint James Hill to the Human Relations Commission with the term to expire on June 30, 2011. Note: At the Work Session on September 18, 2008, Mr. Hill received six (6) votes.

(Due to the term expiring of James Hill)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 7 pages) (PR# 5475)

6. Resolution Authorizing the Semi-Annual City Auction

To adopt a resolution authorizing the Semi-Annual City Auction to be held on November 8, 2008 at 10:00 a.m.

(Resource Person: Joseph W. Clark – 4132) (Attachment #6 - 3 pages) (PR# 5453)

7. Piggyback Purchase – Two (2) Fire & Rescue Pumpers

To authorize the City Manager to enter into a contract with the Sutphen Corporation, in the amount of $639,118.86, for providing the City with two (2) Fire & Rescue Pumpers; 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 Paul Koch – 4101) (Attachment #7 - 5 pages) (PR# 5455)

8. Bids - Durham Police Department Rainwear

To accept the bid from Showfety's Inc., in the amount of $125,568.00, for providing the Police Department with rain coats;

To authorize the City Manager to enter into a contract with Showfety's, Inc., in the amount of $125,568.00, for providing the Police Department with rain coats; 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 Clark and Lynette McRae – 4132) (Attachment #8 - 5 pages) (PR# 5454)

9. Minimum Nonresidential Building Code

To set a public hearing to be held on October 20, 2008, to receive public comments related to the Proposed Minimum Nonresidential Building Code.

(Resource Person: Constance Stancil – 1647) (Attachment #9 - 2 pages) (PR# 5476)

10. Inventory Audit (June 30, 2008) August, 2008

To receive and accept the Inventory Audit (June 30, 2008), as presented and approved at the August 25, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #10 - 13 pages) (PR# 5442)

11. Solid Waste Task System Compliance Audit - August, 2008

To receive and accept the Solid Waste Task System Compliance Audit - August 2008, as presented and approved at the August 25, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #11 - 11 pages) (PR# 5443)

12. U.S. Department of Housing and Urban Development (HUD) Inspector General Audit for the City of Durham HOME Program

To receive and accept the HUD Inspector General Audit for the City of Durham HOME Program, as presented and approved at the August 25, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #12 - 17 pages) (PR# 5448)

13. Construction/Permanent Loan Agreement and CHDO Operating Grant Agreement between the City of Durham and Durham Community Land Trustees, Inc. (DCLT)

To authorize the expenditure of $224,500.00 in HOME funds;

To authorize the City Manager to execute a Construction/Permanent Loan Agreement and related loan documents with Durham Community Land Trustees, Inc. in an amount of up to $186,000.00 to acquire and rehabilitate two vacant residential duplexes in Southwest Central Durham;

To authorize the City Manager to execute a CHDO Operating Grant Agreement with DCLT in an amount of up to $38,500.00 to fund a project construction manager position;

To authorize the City Manager to execute a HOME Investment Partnership Agreement with DCLT in an amount of up to $224,500.00; and

To authorize the City Manager to modify the Agreements and other related documents before execution, provided that the modifications do not increase the dollar amount of the Agreements and do not lessen the obligations of the contractor.

(Resource Person: Shepherd Smith – 4570) (Attachment #13 - 67 pages) (PR# 5460)

14. Contract for Services with the Greater Durham Chamber of Commerce for the "Make It Durham" Campaign

To authorize the City Manager to execute a contract with the Greater Durham Chamber of Commerce, Inc. in the amount of $30,000.00 for the "Make It Durham" campaign; and

To authorize the City Manager to make minor changes to the contract as needed as long as the changes do not decrease the benefits to be provided to the City nor increase costs to the City.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #14 - 12 pages) (PR# 5463)

15. Report on Sale of 2008 General Obligation Bonds, Series A and B

To accept a report on the July 15, 2008 Sale of General Obligation Bonds.

(Resource Person: John J. Allore – 4510) (Attachment #15 - 5 pages) (PR# 5429)

16. Reimbursement Resolution for Certifications of Participation (COPS) Funded Projects

To adopt a resolution declaring the intent of the City to reimburse itself for capital expenditures incurred in connection with Certifications of Participation (COPS) financing for the purchase of technology equipment, including hardware and software, and the acquisition of vehicles for use by several City departments.

(Resource Person: John J. Allore – 4510) (Attachment #16 - 4 pages) (PR# 5432)

17. State Treasurer's Local Government Other Post Employment Benefits (OPEB) Fund

To adopt a resolution authorizing the establishment of an investment account and Short Term Investment Fund (STIF) through the State Treasurer and the execution of the State Treasurer's Contribution Agreement.

(Resource Person: John J. Allore – 4510) (Attachment #17 - 10 pages) (PR# 5461)

18. Report on 2008 Private Placement Installment Purchase Sale

To accept a report on the June 10, 2008 Sale Results from a Private Placement Loan.

(Resource Person: John J. Allore – 4510) (Attachment #18 - 5 pages) (PR# 5467)

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

20. State Farm Grant Award

To authorize the City Manager to accept the City of Durham FY09 State Farm Grant by executing the grant documents; and

To adopt the City of Durham FY09 State Farm Grant Project Ordinance in the amount of $1,000.00.

(Resource Person: Bruce T. Pagan, Jr., - 4242 ext. 222) (Attachment #20 - 3 pages) (PR# 5439)

21. Interstate 85 Median Landscape Maintenance

To authorize the City Manager to execute a contract with Southern Garden, Inc. for contract I.85.MM.08 Interstate Median Landscape Maintenance, with a three year estimated cost of $206,610.14 and a 20% contingency at a cost of $41,322.00, for a total cost not to exceed $247,932.14; and

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

(Resource Person: Kevin Lilley – 4197) (Attachment #21 - 17 pages) (PR# 5472)

22. Historic Landmarks, General Information

To receive a report on the Historic Landmarks, General Information.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #22 - 7 pages) (PR# 5465)

23. 2007 Annual Report of the Durham Environmental Affairs Board

To receive the 2007 Annual Report of the Durham Environmental Affairs Board.

(Resource Person: Robert Rosenthal, Chair - 4137 ext. 223) (Attachment #23 - 7 pages) (PR# 5456)

24. License Agreement with Weston Downs, LLC

To authorize the City Manager to enter into a license agreement with Weston Downs, LLC for installation and maintenance of an irrigation system within the public Right-of-Way.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #24 - 4 pages) (PR# 5434)

25. Contract Amendments for Contract ST-228, Street Repairs and Resurfacing and Professional Services for Construction Administration

To authorize the City Manager to amend contract ST-228 Street Repairs and Resurfacing with Barnhill Contracting, Incorporated by $847,883.00 representing a 50% increase over the $1,695,766.43 previously authorized expenditure to facilitate continuation of the resurfacing construction;

To authorize the City Manager to amend the professional services contract with Greenhorne and O'Mara, Incorporated by $230,622.00 representing a 45.22% increase over the $510,000.00 previously authorized expenditure to facilitate continuation of the construction administration; and

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

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #25 - 4 pages) (PR# 5471)

26. Capital Project Ordinance Amendment – NC147 Pedestrian Bridge Project U-4445

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 the additional N.C. Department of Transportation revenue of $800,000.00.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #26 - 3 pages) (PR# 5449)

28. Agreement for a Dedicated Internet Access Service Connection at Police Headquarters

To authorize the City manager to execute a dedicated Internet Access Agreement with Time Warner Cable, Time Warner Cable Business Class commercial Service Order agreement in the amount of $37,036.00 for three years of service; 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: Bill Hess – 4122 ext. 231) (Attachment #28 – 9 pages) (PR# 5462)

29. Extension of Water Sales Agreement - Orange Water and Sewer Authority (OWASA)

To authorize the City Manager to execute an Agreement Extending the Term of Agreement Providing for the Sale and Purchase of Water with the Orange Water and Sewer Authority (OWASA); 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: Nancy Newell – 4381) (Attachment #29 - 5 pages) (PR# 5445)

33 – 36. These items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda]

19. Beer and Wine Privilege License Issuance

To approve the local Beer and Wine Privilege Licenses for listed establishments.

(Resource Person: John J. Allore – 4510) (Attachment #19 – 14 pages) (PR# 5468)

[General Business Agenda – Public Hearings]

Assessments and Improvements

33. Ordering Improvements

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

To adopt resolutions ordering the below improvements:

a. Curb, Gutter and Paving, Water and Sewer Laterals on Missell Avenue from Cook Road to the South Property Line of PIN 0729-01-49-7397

b. Sidewalk on Fayetteville Road (West Side) from the North Property Line of PIN 0717-02-69-7405 to the South Property Line of PIN 0717-02-69-7405.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #33 - 3 pages) (PR# 5446)

34. Mini Assessment Roll for Sewer Main on Rivermont Road from Northeast Property Line of Tax Map 767-4-17 Southwest to the Rivermont Road Outfall

To reconsider the assessment against the property of Nathan L. and Melinda R. Stanley; and

To find that the property, identified as 3801 Rivermont Road, PIN 0803-02-89-5293, has benefited from the sewer main improvement and to confirm the assessment in the original amount.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #34 - 1 page) (PR# 5459)

35. Merchandise-Based Improvement Program Contract with Revolution, LLC

To conduct a public hearing and receive public comments on the proposed economic development incentives agreement per GS 158-7.1;

To authorize the City Manager to execute a contract with Revolution Restaurant Group, LLC in the amount of $7,500.00 to purchase restaurant equipment; and

To authorize the City Manager to modify the contract provided that the modifications do not increase the dollar amount to be paid by the City and the modifications are consistent with the general intent of the contracts.

(Resource Person: Chris Dickey – 4965 ext. 204) (Attachment #35 - 14 pages) (PR# 5464)

36. Zoning Map Change – Meridian Parkway/Exchange Place (Z0800024)

To conduct a public hearing and receive public comments on the zoning map change for Meridian Parkway/Exchange Place (Z0800024);

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 Z0800024 out of IL; F/-J-B and MTC (partial) and placing same in and establishing same as OI; F/J-B and MTC (partial); 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, 7-6 on August 12, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is reasonable and in the public interest and recommends approval based on the information in the staff report and comments received during the public hearing.

[The site is located on the west side of Meridian Parkway at the intersection with Exchange Place. PINs: 0728-02-75-9951, -76-7455, -86-6434 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #36 - 17 pages) (PR# 5437)

[Supplimental Agenda]

[Adjournment]