UDO changes at the next City Council meeting

Among other items, the City Council is considering several amendments to the Unified Development Ordinance (on donation containers, hens, and beekeeping) and utilities and annexation agreements with Cary at the meeting Monday evening.  I regret not paying close attention a few weeks ago, because by a revision to the UDO regarding neighborhood notifications they mean to charge $50 dollars every two years for notification of rezoning requests and UDO changes.  As it is, they send notifications separately, so a pile of postcards or letters come in one day, which is probably not conducive to saving money.  The notifications will remain free by email, but not everyone has email.  The change is effective Monday.     

 

Also, the new Adam & Eve store is not where I thought it was, at the corner of Fayetteville and 54; it is actually north on Fayetteville a little bit.  That puts it closer to a residential development, but the windows are less obvious than I thought.  It should be open now, so people can go see if it is offensive or not. 

 

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 November 17, 2008 and December 1, 2008 City Council Meetings; and

To approve City Council action taken at the November 6, 2008 City Council Work Session.

(Resource Person: D. Ann Gray — 4166) (PR# 5724)

2. Mayor's Nominee for Appointment — Housing Appeals Board

To appoint S. Celeste Toombs as a Mayor's Appointee-Regular Member to the Housing Appeals Board with the term to expire on June 30, 2011.

Note: Ms. Toombs is currently serving as an Alternate Member on the Housing Appeals Board.

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #2 — 2 pages) (PR# 5749)

3. Housing Appeals Board — Receive and Accept an Application

To receive and accept an application for a citizen to fill one (1) Alternate Member vacancy on the Housing Appeals Board to represent LAW with the term to expire on June 30, 2010.

(Due to the resignation of Carena R. Lemons)

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #3 — 3 pages) (PR# 5753)

4. Mayor's Nominee for Reappointment — Raleigh-Durham Airport Authority

To reappoint Robert D. Teer, Jr. as Mayor's Appointee to the Raleigh-Durham Airport Authority with the term to expire on January 1, 2011.

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #4 — 3 pages) (PR# 5759)

5. Piggyback Purchase — Seven Automated Arm Refuse Collection Vehicles

To authorize the City Manager to enter into a contract with Amick Equipment Company, Inc., in the amount of $765,121.00, for providing the City with seven Automated Arm Refuse Collection Vehicles; 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 #5 — 5 pages) (PR# 5750)

6. Bid Report — November 2008

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of November 2008.

(Resource Persons: Joseph W. Clark and Lynette McRae — 4132) (Attachment #6 — 6 pages) (PR# 5745)

7. Piggyback Purchase — One (1) 104 Ft. Aerial Ladder

To authorize the City Manager to enter into a contract with the Sutphen Corporation, in the amount of $753,582.95, for providing the City with one (1) 104 ft. Aerial Ladder; 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 David Jacobs — 4242) (Attachment #7 — 5 pages) (PR# 5748)

8. 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 #8 — 4 pages) (PR# 5739)

10. FY 2009-2010 Annual Action Plan "Needs" Public Hearing

To set a public hearing on the FY 2009-2010 Annual Action Plan "Needs" to be held on January 21, 2009.

(Resource Person: Wilmur Conyers — 4570 ext 277) (Attachment #10 — 2 pages) (PR# 5736)

11. The US Marshals Service (USMS) FY 2009 Middle District of North Carolina Joint Fugitive Task Force Memorandum of Understanding

To authorize the City Manager to execute the memorandum of understanding with the US Marshals Service for the FY 2009 Middle District of North Carolina Joint Fugitive Task Force Agreement; and

To adopt the FY 2009 Middle District of North Carolina Joint Fugitive Task Force Project Ordinance in the amount of $4,000.00.

(Resource Person: Steve Mihaich — 4322 ext. 238) (Attachment #11 — 7 pages) (PR# 5743)

12. The 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 $221,120.00 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: D. Chris Allen — 4168) (Attachment #12 — 3 pages) (PR# 5744)

13. 2007-08 Job Access Reverse Commute (JARC) & New Freedom (NF) Grant Project Ordinances

To authorize the City Manager to accept the City of Durham and US Department of Transportation — Federal Transit Administration — Section 5316, Job Access Reverse Commute (JARC) Funds Grant by executing the grant documents;

To adopt the City of Durham and US Department of Transportation — Federal Transit Administration — Section 5316, Job Access Reverse Commute (JARC) (Section 5316) Grant Project Ordinance in the amount of $403,686.00;

To authorize the City Manager to accept the City of Durham and US Department of Transportation — Federal Transit Administration — Section 5317, New Freedom (NF) Funds Grant by executing the grant documents; and

To adopt the City of Durham and US Department of Transportation — Federal Transit Administration — Section 5317, New Freedom (Section 5317) Grant Project Ordinance in the amount of $103,806.00.

(Resource Person: Felix Nwoko — 4366) (Attachment #13 — 5 pages) (PR# 5727)

14. Contract ST-233, 2009 Street Repairs and Resurfacing

To authorize the City Manager to execute a contract for ST-233, 2009 Street Repairs and Resurfacing, with Barnhill Contracting Company in the amount of $3,826,624.00;

To establish a contingency fund in the amount of $573,993.60 (15%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $573,993.60 and the total project cost does not exceed $4,400,617.60.

(Resource Person: Edward R. Venable — 4326 ext. 233) (Attachment #14 — 2 pages) (PR# 5747)

15. Agreement between Cary and Durham Respecting Mutual Aid for Water Supply and Delineating Water and Sewer Service Areas

To authorize the City Manager to execute an agreement between Cary and Durham Respecting Mutual Aid for Water Supply and Delineating Water and Sewer Service Areas; and

To authorize the City Manager to modify the agreement before execution provided the modifications are consistent with the general intent of the version of the agreement approved by City Council.

(Resource Person: Nancy Newell — 4381) (Attachment #15 — 21 pages) (PR# 5752)

16-21. These items can be found on the General Business Agenda — Public Hearings.

[General Business Agenda — Public Hearings]

16. Unified Development Ordinance (UDO) Text Amendment — Unattended Clothing Donation Containers (TC0800004)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change — Unattended Clothing Donation Containers (TC0800004); 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 #16 — 7 pages) (PR# 5731)

17. Unified Development Ordinance (UDO) Text Amendment — Beekeeping (TC0800005)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) and Revised City Code Text Change — Beekeeping (TC0800005); and

To adopt an ordinance amending the Unified Development Ordinance and the Revised City Code, incorporating revisions to Article 5, Use Regulations, and Article 16, Definitions, of the UDO and Chapter 6, Animals, of the Revised City Code.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #17 — 11 pages) (PR# 5732)

18. Unified Development Ordinance (UDO) Text Amendment — Female Chickens (TC0800006)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change — Female Chickens (TC0800006);

To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 2, Review Authority, Article 3, Applications and Permits, Article 5, Use Regulations, and Article 16, Definitions; and

To adopt an Ordinance to Impose Fee for Limited Agriculture Permit.

(Resource Person: Steven L. Medlin, AICP — 4137 ext 223) (Attachment #18 — 25 pages) (PR# 5733)

19. Street Closing — 1,656 Linear Feet of Lemur Lane (SC0800012)

To conduct a public hearing and receive public comments on the permanent closing of 1,656 linear feet of Lemur Lane, west of US 15/501, east of Erwin Road and south NC 751; and

To adopt an Order permanently closing 1,656 linear feet of Lemur Lane.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #19 — 8 pages) (PR# 5737)

20. 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 #20 — 22 pages) (PR# 5740)

21. Public Hearing and Ordinance Regarding an Annexation Agreement between Durham and Cary

To conduct a public hearing and receive public comments on the agreement between Durham and Cary to establish a mutual boundary for future annexations by both cities; and

To adopt an ordinance establishing an annexation agreement between Durham and Cary for the mutual boundary line between these two municipalities.

(Resource Person: Nancy Newell — 4381) (Attachment #21 — 8 pages) (PR# 5734)

[Supplimental Items]

28. Neighborhood Stabilization Program Public Hearing and Application Submittal

To set a public hearing on January 21, 2009 to receive citizen comments on the (Neighborhood Stabilization Program) application; 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 #28 — 2 pages) (PR# 5802)

[Adjournment]