City Council meeting Monday

The agenda for Monday night was posted early at www.durhamnc.gov/agendas/.  A lot of it is about appointments, contracts, and street closings, but there are also amendments to the Unified Development Ordinance regarding "conservation subdivisions" and other items and a proposal to exempt short-term and part time City workers from the living wage ordinance, on the grounds that fewer people will be employed if the wages are livable.    

 

At a working meeting of the BOCC on Monday the chair and vice-chair will be decided upon. 

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 October 20, 2008 and November 3, 2008 City Council Meetings; and

To approve City Council action taken at the October 9, 2008 and October 23, 2008 City Council Work Sessions.

(Resource Person: D. Ann Gray - 4166) (PR# 5650)

2. Human Relations Commission - Appointments

To appoint Regenna Rouse-Hasan and Melessia F. Cozart to the Human Relations Commission as Minority Females with terms to expire on June 30, 2010.

Note: At the Work Session on November 20, 2008, Ms. Rouse-Hasan and Ms. Cozart received seven (7) votes.

(Resource Person: LaVerne V. Brooks - 4166) (Attachment #2 - 5 pages) (PR# 5693)

3. Durham Board of Adjustment - Appointment

To appoint Henry D. Blinder as an Alternate Member to the Durham Board of Adjustment with the term to expire on June 30, 2009.

Note: At the Work Session on November 20, 2008, Mr. Blinder received seven (7) votes.

(Due to the resignation of Paul Arena)

(Resource Person: LaVerne V. Brooks - 4166) (Attachment #3 - 3 pages) (PR# 5694)

4. Street Closing - 1,656 Linear Feet of Lemur Lane (SC0800012)

To adopt a Resolution to set a public hearing on the proposed closing of 1,656 linear feet of Lemur Lane for January 5, 2009.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #4 - 5 pages) (PR# 5659)

5. Street Acceptances

To accept the streets on the attached list for maintenance by the City of Durham.

(Resource Persons: Edward R. Venable and Nathan L. McHenry - 4326) (Attachment #5 - 4 pages) (PR# 5692)

6. Overtime Compliance Audit - October 2008

To receive and accept the Overtime Compliance Audit dated October 2008 as presented and approved at the October 27, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel - 4213 ext. 246) (Attachment #6 - 14 pages) (PR# 5660)

7. Mortgage Loan Portfolio Quarterly Report First Quarter, FY2009

To receive the Mortgage Loan Portfolio Quarterly Report First Quarter, FY2009.

(Resource Person: Julie Quinn - 4570 ext. 248) (Attachment #7 - 6 pages) (PR# 5623)

8. Golden Belt Neighborhood Revitalization Proposal and Report

To receive a report prepared by Urban InSite on Golden Belt Neighborhood Revitalization Efforts.

(Resource Person: Larry Jarvis - 4570) (Attachment #8 - 22 pages) (PR# 5690)

9. Community Development Block Grant (CDBG) Subrecipient Contract with Edgemont Neighborhood, LLC for 1005 Morning Glory Avenue

To authorize the expenditure of up to $40,000.00 in Community Development Block Grant (CDBG) funds;

To authorize the City Manager to execute a CDBG Subrecipient Contract with Edgemont Neighborhood, LLC in an amount up to $40,000.00 for the purchase of 1005 Morning Glory Avenue; and

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

(Resource Person: Larry Jarvis - 4570) (Attachment #9 - 25 pages) (PR# 5698)

10. Permanent Community Housing Development Organization (CHDO) Loan Agreement between the City of Durham and Volunteers of America (VOA) Durham Life House, Inc.

To authorize the expenditure of $240,000.00 in HOME CHDO funds;

To authorize the City Manager to execute a Community Housing Development Organization (CHDO) Loan Agreement and related documents with Durham LIFE House, Inc. in the amount of $240,000.00 at an interest rate of 0%, forgivable over 30 years; and

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

(Resource Person: Shepherds Smith - 4570 ext. 227) (Attachment #10 - 59 pages) (PR# 5691)

12. Amendment to the City of Durham Employment and Training 2008-2010 Grant Project Ordinance #13695

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

To adopt the Employment and Training Grant Project Ordinance FY 2008-2010 in the amount of $1,505,203.00 superseding Grant Project Ordinance #13695.

(Resource Person: Kevin Dick - 4965 ext. 219) (Attachment #12 - 5 pages) (PR# 5704)

13. Community Development Block Grant Agreement (CDBG) Subrecipient Contract with Lewis and Clark Community Development, LLC

To authorize the expenditure of $177,000,000.00 in Community Development Block Grant (CDBG) funds;

To authorize the City Manager to execute a CDBG Subrecipient contract with Lewis and Clark Community Development, LLC for an amount up to $177,000.00 to renovate 801 Gilbert Street into a small business incubator; 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: Chris Dickey - 4965 ext. 204) (Attachment #13 - 38 pages) (PR# 5701)

14. Contract between the City of Durham and Sports & Properties, Inc. to Sell Minor Naming Rights for the Durham Performing Arts Center

To authorize the City Manager to execute a minor naming rights contract for the Box Office with Duke Energy in the amount of $75,000.00;

To authorize the City Manager to make modifications to the contract so long as the modifications do not decrease the dollar amount to be received nor increase the services to be provided by the city;

To authorize the City Manager to execute a minor naming rights contract for the Orchestra Concessions Area - West with KeySource Bank in the amount of $7,500.00;

To authorize the City Manager to make modifications to the contract so long as the modifications do not decrease the dollar amount to be received nor increase the services to be provided by the city;

To authorize the City Manager to execute a minor naming rights contract for the Box Office Manager's Office with Jim Stewart family in the amount of $25,000.00; and

To authorize the City Manager to make modifications to the contract so long as the modifications do not decrease the dollar amount to be received nor increase the services to be provided by the city.

(Resource Person: Alan DeLisle - 4965 ext. 212) (Attachment #14 - 16 pages) (PR# 5699)

15. Amendment to Interlocal Tax Agreement - Heavy Equipment Rental

To authorize the City Manager to execute the first amendment to the Interlocal Agreement for collection of taxes between Durham County and the City of Durham.

(Resource Person: John J. Allore - 4510) (Attachment #15 - 5 pages) (PR# 5679)

16. Design Contract Amendment for General Services Bundle

To adopt a Resolution Exempting the General Services Bundle project from G.S. 143-64.31;

To authorize the City Manager to execute a contract amendment to the Professional Services Agreement for the General Services Bundle with Roughton, Nickelson, De Luca Architects, PA in an amount not to exceed $83,513.00 so that the total contract amount will not exceed $511,113.00;

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 increase the project contingency for design from the originally authorized amount of $42,000.00 in the amount of $15,270.00 to a total of $57,270.00; and

To authorize the City Manager to negotiate and execute change orders on the General Services Bundle project provided the total contract amount does not exceed $568,383.00.

(Resource Person: David Rossetti - 4197 ext. 234) (Attachment #16 - 12 pages) (PR# 5654)

17. Amendment to the Minimum Livable Wage Ordinance

To adopt an Ordinance Amending Sections 18-19,18-20, 18-21 and 18-23 of the Durham City Livable Wage Ordinance in order to exempt those performing full and part time duties that are not substantially similar to full time positions and to make the Durham City and Durham County livable wage rates equal.

(Resource Person: Alethea C. Bell - 4214) (Attachment #17 - 6 pages) (PR# 5649)

18. Amendments to Interlocal Agreement between the City of Durham and Durham Public Schools Board of Education for the Renovation and Use of the Holton Center

To authorize the City Manager to execute the first and second amendments to the Interlocal Agreement between the City and Durham Public Schools Board of Education for the Holton School Renovation.

(Resource Person: Karmisha R. Wallace - 4222 ext. 228) (Attachment #18 - 7 pages) (PR# 5703)

19. Water Extension Agreement with JWH Properties, Inc.

To authorize the City Manager to enter into a water extension agreement with JWH Properties, Incorporated to serve Alexander Village Phase II; and

To authorize the City Manager to modify the contract prior to execution provided that such modifications do not increase the dollar amount of the contract and do not significantly decrease the obligations of the contractor.

(Resource Persons: Edward R. Venable and Robert N. Joyner - 4326) (Attachment #19 - 10 pages) (PR# 5485)

20. Contract FR-2, Filter Belt Press Rehabilitation, North Durham Water Reclamation Facility

To authorize the City Manager to execute a contract with Ashbrook Simon-Hartley Operations, LP for Contract FR-2 - Filter Belt Press Rehabilitation in the amount of $534,340.00;

To establish a contingency fund for Contract FR-2 of $50,000.00;

To authorize the City Manager to negotiate change orders for Contract FR-2 provided that the cost of all change orders does not exceed $50.000.00 and the total project cost does not exceed $584,340.00; 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 #20 - 2 pages) (PR# 5546)

21. Resolution Supporting Regional Conservation Work Group Recommendations for Year-Round Water Conservation Measures

To adopt a Resolution supporting Regional Conservation Work Group Recommendations for Year-Round Water Conservation Measures.

(Resource Person: Reginald Hicks - 4381) (Attachment #21 - 8 pages) (PR# 5695)

24 - 31. These items can be found on the General Business Agenda- Public Hearings.

[General Business Agenda]

Assessments and Improvements

24. Ordering Improvement under Enabling Act Authority

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

To adopt a resolution ordering a Water Main on Donphil Road from Brenda Court to Gatewood Drive.

(Resource Persons: Edward R. Venable and Nathan L. McHenry - 4326) (Attachment #24 - 6 pages) (PR# 5667)

25. Street Closing - 295 Linear Feet of Sumter Street (SC0800007)

To conduct a public hearing and receive public comments on the permanent closing of 295 linear feet of Sumter Street, north of Maxwell Street, south of West Pettigrew Street; and To adopt an Order permanently closing 295 linear feet of Sumter Street.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #25 - 10 pages) (PR# 5688)

26. Street Closing - 1,067 Linear Feet of Maxwell Street (SC0800008)

To conduct a public hearing and receive public comments on the permanent closing of 1,067 linear feet of Maxwell Street, west of South Buchanan Boulevard, east of Campus Drive; and

To adopt an Order permanently closing 1,067 linear feet of Maxwell Street.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #26 - 10 pages) (PR# 5689)

27. Unified Development Ordinance (UDO) Text Amendment - Conservation Subdivisions (TC07-19)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Conservation Subdivisions (TC07-19); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits, Article 6, District Intensity Standards, Article 7, Design Standards, and Article 8, Environmental Protection.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #27 - 24 pages) (PR# 5658)

28. Unified Development Ordinance (UDO) Text Amendment - Carnival Hours (TC0800003)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Carnival Hours (TC0800003); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 5, Use Regulations.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #28 - 4 pages) (PR# 5671)

29. Unified Development Ordinance (UDO) Text Amendment - Downtown Nightclubs or Bars (TC0800007)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Downtown Nightclubs or Bars (TC0800007); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 5, Use Regulations.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #29 - 7 pages) (Attachment # - 4 pages) (PR# 5672)

30. Unified Development Ordinance (UDO) Text Amendment - Public Notice (TC0800008)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Public Notice (TC0800008);

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits; and

To adopt a Resolution modifying Chapter 6 of the Fee Schedule to Set a Fee For Certain Mailed Notice.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #30 - 10 pages) (PR# 5673)

31. Zoning Map Change - Poss Pas House (Z0800030)

To conduct a public hearing and receive public comments on the zoning map change for Poss Pas House (Z0800030);

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 Z0800030 out of UC(D) and placing same in and establishing same as RS-10; and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan, and is reasonable and in the public interest in light of information presented in the public hearing and in the accompanying agenda materials; or

Alternatively, in the event that a motion to approve the item fails, the Council adopts as support for its action on the proposed zoning map change the determination that, notwithstanding its consistency with the Comprehensive Plan, the request is neither reasonable nor in the public interest in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on consistency with the Comprehensive Plan, and considering the information contained in this report.

Planning Commission Recommendation and Vote: Approval, 11-0 on October 14, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is reasonable and in the public interest and recommends approval based on the information in the staff report and comments received during the public hearing.

[The site is located at 1514 Pinecrest Road, on the north side of Pinecrest Road and west of Academy Road. PIN: 0811-15-64-5198 (partial)]

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #31 - 14 pages) (PR# 5675)

[Adjournment]