Council meeting Wednesday

An update on the last post - a delegation of students and community members met with Price about Gaza Friday morning.  I assume more will come of this. 

 

www.durhamnc.gov/agendas

 

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 December 15, 2008 City Council Meeting.

(Resource Person: D. Ann Gray – 4166) (PR# 5796)

2. Housing Appeals Board - Appointment

To appoint Mavis Gragg to the Housing Appeals Board as an Alternate Member representing Law with the term to expire on June 30, 2010.

Note: At the Work Session on January 8, 2009, Ms. Gragg received five (5) votes.

(Due to the resignation of Carena R. Lemons)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 5780)

3. Human Relations Commission - Appointments

To appoint James Z. Daniels (term expires June 30, 2009) and Nathaniel H. Goetz (term expires on June 30, 2010) to the Human Relations Commission.

Note: At the Work Session on January 8, 2009, Mr. Daniels and Mr. Goetz both received five (5) votes.

(Due to the resignations of Larry Holt and Steve Benkin)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 6 pages) (PR# 5781)

4. Raleigh-Durham Airport Authority - Receive and Accept Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Raleigh-Durham Airport Authority with the term to expire on January 1, 2011.

(Due to the term expiring of Tonita Lipscomb)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 8 pages) (PR# 5782)

5. Capital Program Advisory Committee - Receive and Accept an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Capital Program Advisory Committee to represent PAC 3 with the term to expire on March 31, 2010.

(Due to the resignation of Deon Forde)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 3 pages) (PR# 5756)

6. Acceptance of Offer to Purchase Surplus Real Estate for Affordable Housing Subject to Conditions

To determine the property at 123 S. Guthrie Street to be surplus, authorize the sale of the property under the authority of North Carolina General Statutes 160A-267 and 160A-279;

To accept the offer to purchase 123 S. Guthrie Street subject to certain conditions as detailed in the agenda memo; and

To authorize the City Manager to sell and the Mayor to convey the property by a non-warranty deed that includes relevant covenants that the property be used for affordable housing.

(Resource Person: Larry Jarvis – 4570 ext. 273) (Attachment #6 - 7 pages) (PR# 5787)

7. Community Development Block Grant (CDBG) Subrecipient Agreement with Crest Street Community Council, Inc. for Roof Replacement

To authorize the expenditure of up to $130,000.00 in Community Development Block Grant (CDBG) funds;

To authorize the City Manager to execute a CDBG Subrecipient Agreement in the amount of $130,000.00 with Crest Street Community Council, Inc. for roofing replacement and related improvements for the New Bethel and L.W. Reid elderly housing developments; and

To authorize the City Manager to make changes to the agreement prior to execution that does not increase the grant amount or lessen the duties of the Subrecipient.

(Resource Person: Richard Valzonis – 4570 ext. 226) (Attachment #7 - 22 pages) (PR# 5790)

8. Subrecipient Contract between the City of Durham and Self-Help Community Development Corporation for the Acquisition of Three Properties

To authorize the expenditure of up to $95,000.00 in FY 08-09 CDBG funds;

To authorize the City Manager to execute a Subrecipient Contract with Self Help CDC in the amount of up to $95,000.00 to acquire three properties; and

To authorize the City Manager to modify the contract and other related documents prior to execution provided that the modifications do not increase the dollar amount of the contract and do not lessen the obligations of the Subrecipient.

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #8 - 23 pages) (PR# 5776)

9. Reallocation of FY 08-09 Home Funding to Durham Community Land Trustees, Inc.

To authorize the reallocation of $160,000.00 in FY '08-'09 HOME CHDO funds;

To authorize the expenditure of an additional $140,000.00 in HOME CHDO funds;

To authorize the City Manager to execute a HOME CHDO Loan Agreement and other related documents with DCLT in an amount not to exceed $300,000.00 to provide construction financing for up to three new homes at any given point in time; and

To authorize the City Manager to modify the agreement and other related documents prior to execution provided the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the non-profit.

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #9 - 49 pages) (PR# 5789)

10. Reimbursement Resolution for COPS Projects

To adopt a resolution declaring the intent of the City of Durham to reimburse itself for capital expenditures incurred in connection with COPs financing for the construction of the Durham Area Transit Operations Center and the purchase of 15 hybrid transit buses.

(Resource Person: Keith Herrmann – 4455 ext. 230) (Attachment #10 - 3 pages) (PR# 5773)

11. Proposed Acquisition of Property located at 5416 Fayetteville Road for Phase II of the Fayetteville Road Widening Project

To approve the fee simple absolute acquisition of unimproved land from the Robert Bradley and Eugene Bradley Heirs, identified as 5416 Fayetteville Road (Parcel ID # 147699), approximately 0.169 acres, for a total purchase price of $25,000.00.

(Resource Person: Judy Simuel – 4197 ext. 244) (Attachment #11 - 3 pages) (PR# 5766)

12. Proposed Acquisition for the South Roxboro Street Extension of 2625 Oak Ridge Boulevard, Parcel ID 134565 and 2628 Oak Ridge Boulevard, Parcel ID 134572

To approve the acquisition in fee simple absolute of unimproved land from The Estate of James S. Sale, identified as 2625 Oak Ridge Boulevard, Parcel ID 134565, and 2628 Oak Ridge Boulevard, Parcel ID 134572, approximately 25.72 acres, for a total purchase price of $135,000.00.

(Resource Person: Jeannette Ramsay – 4197 ext. 248) (Attachment #12 - 3 pages) (PR# 5765)

14. Northgate Park Renovations, Phase 1 CMAR Construction Services Amendment

To authorize the City Manager to negotiate and execute Amendment No. 2 with Skanska USA Building for construction of Northgate Park Renovations, if the Guaranteed Maximum Price (GMP) does not exceed $609,919.00 which is the full amount budgeted for construction phase services;

To establish a project contingency in the amount of $47,000.00; and

To authorize the City Manager to negotiate and execute change orders on the Northgate Park Renovation Project, provided the total project cost does not exceed $656,919.00 which is the full amount budgeted for construction phase services plus the project contingency.

(Resource Person: Marilee Martin – 4197 ext. 285) (Attachment #14 - 9 pages) (PR# 5792)

16. Contract for Fabrication and Installation of Park Signage

To authorize the City Manager to enter into a contract with Signature Signs, Inc. for fabrication and installation of Park Signage for the sum of $108,177.00 with a $10,800.00 contingency for a total appropriation of $118,977.00; and

To authorize the City Manager to negotiate and execute change orders, and to make changes to the contract before executing it, if the changes do not increase the compensation to be paid by the City beyond the appropriated contract total, and do not decrease the goods and services to be provided to the City.

(Resource Person: Beth Timson – 4355 ext. 215) (Attachment #16 - 14 pages) (PR# 5769)

17. Donation of Playground Equipment for Old North Durham Park

To adopt a resolution accepting the donation of playground equipment and its installation in Old North Durham Park by the Central Park School for Children.

(Resource Person: Beth Timson – 4355 ext. 215) (Attachment #17 - 6 pages) (PR# 5771)

18. 2009 Fox Family Foundation, Inc. Grant Award

To authorize the City Manager to accept the 2009 Fox Family Foundation Grant by executing the grant documents; and

To adopt the 2009 Fox Family Foundation Grant Project Ordinance in the amount of $10,000.00.

(Resource Person: Jim Bjurstrom – 4332) (Attachment #18 – 4 pages) (PR# 5775)

19. Contract for the City of Durham FY2008 Comprehensive Anti-Gang Initiative Grant

To authorize the City Manager to execute a contract between the City of Durham, the District Attorney for the Fourteenth Prosecutorial District and the Administrative Office of the Courts to continue to support one full time Assistant District Attorney position acting as prosecutor for the Gang and Habitual Felon Task Force in the amount of $60,000.00; and

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

(Resource Person: Steve Mihaich – 4322 ext. 238) (Attachment #19 - 79 pages) (PR# 5779)

20. Nine-Year Lease for Police Substation District #3 at 10 Consultant Place

To authorize the City Manager to execute a nine-year lease with CLF Limited Partnership for Police Substation District #3 at 10 Consultant Place; and

To authorize the City Manager to make changes prior to execution provided such changes do not change the intent of the lease or increase the monthly rental rate.

(Resource Person: Lew Wardell – 4155) (Attachment #20 - 19 pages) (PR# 5795)

21. Use of Controlled Substance Abuse Funds and Federal Asset Forfeiture Funds

To authorize the Use of Controlled Substance Abuse Funds and Federal Asset Forfeiture Funds in an amount not to exceed $96,000.00 to purchase equipment that will be used to upgrade or replace equipment in the department to allow personnel to execute their daily responsibilities in the most efficient manner possible.

(Resource Person: Randy Browning – 4304) (Attachment #21 - 73 pages) (PR# 5797)

22. Water Extension Agreement with Bethpage Acquisition Partners II, LLC

To authorize the City Manager to enter into a water extension agreement with Bethpage Acquisition Partners II, LLC to serve Bethpage 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 #22 - 10 pages) (PR# 5757)

23. Sewer Extension Agreement with Culton Investments, LLC

To authorize the City Manager to enter into a sewer extension agreement with Culton Investments, LLC to serve Culton Properties; 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 #23 - 10 pages) (PR# 5763)

24. Amendment to the Inter-Local Agreement between the City of Durham, City of Raleigh and Triangle Transit Authority for Reimbursement for the Special Transit Advisory Commission

To authorize the City Manager to amend the Inter-local Agreement between the City of Durham, City of Raleigh and Triangle Transit for payment of the ITRE contract; and

To authorize the City Manager to make modifications to the agreements provided that the modifications do not increase the City's financial obligation and are consistent with the agreement approved by the Council.

(Resource Person: Ellen Beckmann – 4366 ext. 293) (Attachment #24 - 10 pages) (PR# 5793)

26 – 30. These items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda - Public Hearings]

26. FY 2009-2010 Annual Action Plan "Needs"

To conduct a public hearing and receive public comments on the FY 2009-2010 Annual Action Plan "Needs".

(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #26 - 2 pages) (PR# 5758)

27. Neighborhood Stabilization Program and Application Submittal

To conduct a public hearing and receive public comments on the Neighborhood Stabilization Program (NSP) and Application Submittal; and

To authorize the Mayor and City Manager to execute all administrative requirements and contractual documents necessary to submit an application for and to implement the NSP Program including all program agreements and related documents.

(Resource Person: Larry Jarvis – 4570) (Attachment #27 - 4 pages) (PR# 5809)

28. Street Closing – 295 Linear Feet of Sumter Street (SC0800007)

To conduct a public hearing 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 #28 - 11 pages) (PR# 5785)

29. Street Closing – 1,067 Linear Feet of Maxwell Street (SC0800008)

To conduct a public hearing 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 #29 - 11 pages) (PR# 5786)

30. Zoning Map Change – Roxboro Road Family Fare (Z0800010)

To conduct a public hearing and receive public comments on the zoning map change for Roxboro Road Family Fare (Z0800010);

To adopt an ordinance amending the Unified Development Ordinance, by taking the described property in zoning map change case Z0800010 out of CN and placing same in and establishing same as 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: Approval, 13-1 on November 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 west side of Roxboro Road and south of East Club Boulevard PIN's: 0832-09-25-2974, -3924, -4937, - 4828]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #30 - 21 pages) (PR# 5764)

[Supplimental Items]

35. Resolution in Support of the City of Durham Playing a Role in the Federal Stimulus Package

To adopt a Resolution in Support of the City of Durham Playing a Role in the Federal Stimulus Package.

(Resource Person: Mayor William V. "Bill" Bell – 4333) (PR# 5856)

[Adjournment]