Friday, February 13, 2009

Coffee with Council and City Council meeting coming up

There is a Coffee with Council Saturday 10-12 at Campus Hills, 2000 South Alston.
 
Below is the agenda for Monday's City Council meeting.  One item is about getting drinking water from Jordan Lake, which is going to be impacted if the County approves the private survey of the critical watershed.  Another item is the City's public hearing on henkeeping.  
 
Rep. David Price is having a town hall meeting Monday also. 
 
 
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. Durham Area Transit Authority Board of Trustees — Receive and Accept Applications

To receive and accept applications for citizens to fill three (3) vacancies on the Durham Area Transit Authority Board of Trustees for one Regular Member and two (2) Alternate Members with the terms to expire on March 1, 2012.

(Due to the terms expiring of Christopher Harder, Arylla Patrice Jones and Michelle Wilson)

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #1 — 8 pages) (PR# 5865)

2. Passenger Vehicle for Hire Commission — Reappointment

To reappoint Kwakou Asinia Shakur to the Passenger Vehicle for Hire Commission to represent a Taxicab Operating Permit Holder with the term to expire on January 1, 2012.

Note: At the Work Session on February 5, 2009, Mr. Shakur received seven (7) votes.

(Due to the expired term of Kwakou Asinia Shakur)

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #2 — 4 pages) (PR# 5867)

3. Housing Appeals Board — Receive and Accept Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Housing Appeals Board for a Regular Member representing Neighborhood Association.

(Due to the resignation of Gene Cook)

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #3 — 8 pages) (PR# 5868)

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 — 2 pages) (PR# 5855)

6. Reimbursement to Durham County for Meals Tax Educational Materials

To adopt a Resolution authorizing the City Manager to use the City Council contingency to reimburse Durham County in an amount up to $19,772.63 for public education expenditures related to the Prepared Food Tax Referendum.

(Resource Person: Bertha T. Johnson — 4111 ext. 285) (Attachment #6 — 3 pages) (PR# 5890)

7. FY 2008-2009 CDBG Subrecipient Contract John Avery Boys and Girls Club, Inc.

To authorize the expenditure of CDBG funds in an amount not to exceed $32,000.00;

To authorize the City Manager to execute a one (1)-year Subrecipient Contract with John Avery Boys and Girls Club, Inc. to provide safe and structured alternatives to gang activities; and

To authorize the City Manager to make changes to the documents that do not increase the contract amount, lessen the duties of the Subrecipient or extend the term of the contract by no more than two additional months beyond February 16, 2010.

(Resource Person: Tamesha E. Thompson-Eleanya — 4570 ext. 225) (Attachment #7 — 24 pages) (PR# 5861)

8. Loan Originating and Underwriting Agreement with SunTrust Mortgage, Inc.

To authorize the expenditure of up to $185,350.00 in General Funds;

To accept the proposal provided by SunTrust Mortgage, Inc. for originating and underwriting of all City of Durham's residential mortgage loans;

To authorize the City Manager to execute an Agreement for a three-year period from March 2, 2009 through March 2, 2012 with SunTrust Mortgage, Inc. in an amount not to exceed $185,350.00, and

To authorize the City Manager to make changes to the Agreement which do not increase the Agreement amount, lessen the duties of SunTrust Mortgage, Inc., or extend the term of the Agreement by more than two additional months beyond March 2, 2012.

(Resource Person: Juanita Massenburg — 4570 ext. 240) (Attachment #8 — 14 pages) (PR# 5862)

9. Cultural Master Plan Continuation Grant Project Ordinance FY 2008-2009 Superseding Grant Project Ordinance #13077

To adopt the Cultural Master Plan Continuation Grant Project Ordinance FY 2008-2009 superseding the Grant Project Ordinance # 13077.

(Resource Person: Chris Dickey — 4965 ext. 204) (Attachment #9 — 4 pages) (PR# 5879)

10. Submission of Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2008

To receive the CAFR and Citizens' Financial Report for the Fiscal Year Ended June 30, 2008.

(Resource Person: Keith Herrmann — 4455 ext. 230) (Attachment #10 — 2 pages) (PR# 5880)

11. License Agreement with Triple Net Properties Realty, Inc. for Swing Office Space at 3404 North Duke Street

To authorize the City Manager to execute a License Agreement with Triple Net Properties Realty, Inc. for office space at 3404 N. Duke Street; and

To authorize the City Manager to make changes to the Agreement provided such changes do not increase the rental payment or materially affect the intent and purpose of the Agreement or agenda memo.

(Resource Person: David Fleischer — 4197 ext. 288) (Attachment #11 — 15 pages) (PR# 5863)

12. Old Chapel Hill Road Park, Construction Manager at Risk (CMAR) Construction Services Amendment

To authorize the City Manager to negotiate and execute an Amendment No. 2 with Skanska USA Building for construction of Old Chapel Hill Road Park if the Guaranteed Maximum Price (GMP) does not exceed $3,085,095.00;

To establish a project contingency equal to the difference between $3,305,095.00, which is the full amount budgeted for construction phase services, and the final GMP; and

To authorize the City Manager to negotiate and execute change orders on the Amendment No. 2, provided the total project cost does not exceed the amount budgeted for construction phase services.

(Resource Person: Henri Prosperi — 4197 ext. 253) (Attachment #12 — 10 pages) (PR# 5873)

14. License Agreement with The Hills at Southpoint Community Association, Inc.

To authorize the City Manager to enter into a license agreement with The Hills at Southpoint Community Association, Inc. for construction and maintenance of an underground irrigation system, landscaping, and concrete pavers located within the South Heritage Drive public Right-of-Way, entrance for The Hills at Southpoint subdivision; 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 Persons: Edward R. Venable and Robert N. Joyner — 4326) (Attachment #14 — 4 pages) (PR# 5768)

15. Contract ST-230, Durham Downtown Gateway Bridge over NC 147

To authorize the City Manager to execute a contract for ST-230, Durham Downtown Gateway Bridge Over NC 147, with S. T. Wooten Corporation in the amount of $1,906,368.05;

To establish a contingency fund in the amount of $285,955.21 (15%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $285,955.21 and the total project cost does not exceed $2,192,323.26.

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 Person: Edward R. Venable — 4326 ext. 233) (Attachment #15 — 2 pages) (PR# 5886)

17. Memorandum of Understanding Supporting a Regional Partnership for Water Supply Planning and Potential Joint Use of the B. Everett Jordan Reservoir

To authorize the City Manager to execute a Memorandum of Understanding Supporting a Regional Partnership for Water Supply Planning and Potential Joint Use of the B. Everett Jordan Reservoir.

(Resource Person: Donald F. Greeley — 4381) (Attachment #17 — 17 pages) (PR# 5878)

19 — 21. Those items can be found on the General Business Agenda — Public Hearings.

26. This item can be found on the General Business Agenda — Public Hearings.

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

[General Business Agenda]

27. 2009 Legislative Program

To approve the 2009 Legislative Program.

(Resource Person: Legislative Committee and Patrick W. Baker — 4158) (Attachment #27 — 18 pages) (PR# 5933)


[General Business Agenda — Public Hearings]

19. FY2010 Budget and FY2010-2015 CIP

To conduct a public hearing and receive public comments on the FY2010 Budget and FY2010-2015 CIP.

(Resource Person: Bertha T. Johnson — 4111 ext. 285) (PR# 5875)

20. Zoning Map Change — New Middle School — Treyburn (Z0800034)

To conduct a public hearing and receive public comments on the zoning map change for New Middle School — Treyburn (Z0800034);

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 Z0800034 out of PDR 2.240; F/J-B (partial) and M/LR-A (partial) and placing same in and establishing same as RR; F/J-B (partial) and M/LR-A (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, 14-0 on December 9, 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 north of Snow Hill Road, west of Vintage Hill Parkway. PINs: 0835-01-29-3261, -38-4685, -02-57-2763]

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #20 — 20 pages) (PR# 5871)

21. Stormwater Development Performance Standards

To conduct a public hearing and to receive public comments on the proposed Stormwater Development Performance Standards.

(Resource Person: Paul J. Wiebke — 4326 ext. 239) (Attachment #21 — 14 pages) (PR# 5869)

26. 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 a Fee for a Limited Agriculture Permit.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #26 — 28 pages) (PR# 5852)

[Adjournment]

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