The Council will also decide about letting Crestwood Suites, in Parkwest Crossing shopping center on the west side of 55, just south of 54, fill and rebuild parts of its grounds. Their back parking lot is frequently flooded, because they were allowed to build in the floodplain, due to lax rules in the 80's. Northeast Creek is just a few yards from their back parking lot, which is at the level of the rest of the bottomland. The more flooding upstream is constricted, and impervious surfaces added, the more flooding there will be downstream. To fix the driveway they will probably also lose some large pink wetland roses.
Today is a day for marijuana legalization events, but I have have not heard of anything local other than a May 2nd rally in Raleigh. There will be a film showing on the Moncure strike Wednesday evening at 6:30 at Duke's Center for Documentary Studies.
The agenda for the meeting tonight is from 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 March 16, 2009 City Council Meeting;To approve City Council action taken at the March 5, 2009 City Council Work Session; and
To approve City Council minutes for the February 2, 2009 Special City Council Meeting. (Resource Person: D. Ann Gray – 4166) (PR# 6056)
2. Human Relations Commission - Appointment
To appoint William H. Elliott, IV to the Human Relations Commission with the term to expire on June 30, 2011.Note: At the Work Session on April 9, 2009, Mr. Elliott received seven (7) votes.
(Due to the expired term of Mickey Brown)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 6051)
3. Human Relations Commission - Receive and Accept an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Human Relations Commission for one (1) Non-Minority Female with the term expiring on June 30, 2010.(Due to a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 3 pages) (PR# 6054)
4. Set a Public Hearing Regarding Establishing a Third Tier for Stormwater Residential Billing
To set a public hearing for May 4, 2009 to receive public comment on a proposed ordinance amending Chapter 15 of the Durham Fee Schedule, Part 15-113 to establish a third residential stormwater billing rate tier to be effective July 1, 2009.(Resource Person: Edward Cherry – 4326 ext. 228) (Attachment #4 - 3 pages) (PR# 6055)
5. Social Security Number Verification Audit (November 30, 2008)
To receive and accept the Social Security Number Verification Audit dated November 30, 2008 as presented and approved at the February 23, 2009 meeting of the Audit Services Oversight Committee.(Resource Person: Germaine Brewington – 4213 ext. 244) (Attachment #5 - 11 pages) (PR# 6027)
6. Subrecipient Contract between the City of Durham and Durham County Habitat for Humanity for the Acquisition of Four Properties
To authorize the reallocation of $60,000.00 of FY 07-08 CDBG funds and an additional $13,200.00 in CDBG funds;To authorize the City Manager to execute a subrecipient contract with Habitat in the amount of $73,200.00 to acquire four properties for development of affordable housing; and
To authorize the City Manager to modify the contract and other related documents prior to execution provided the modifications do not increase the dollar amount of the contract and do not lessen the obligations of the subrecipient contract.
(Resource Person: Shepherd Smith – 4570) (Attachment #6 - 23 pages) (PR# 6017)
8. Durham Station - S&ME Professional Services Amendment
To authorize the City Manager to execute a contract amendment to the Professional Services Contract with S&ME, Inc. in the amount of $4,000.00 so that the total contract amount will not exceed $277,000.00;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; and
To authorize the City Manager to negotiate and execute contract amendments to the Professional Services Contract with S&ME provided that the total contract amount does not exceed $280,000.00, which is the full amount budgeted for the professional services contract plus the contract contingency.
(Resource Person: Doreen Sanfelici – 4197) (Attachment #8 - 7 pages) (PR# 6050)
9. Water Extension Agreement with ALFC-Page Road, LLC for Bethpage Mixed Use Development
To authorize the City Manager to enter into a water extension agreement with ALFC-Page Road, LLC to serve Bethpage Mixed Use Development; andTo authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.
(Resource Persons: Edward Venable and Robert Joyner – 4326) (Attachment #9 - 11 pages) (PR# 6010)
10. Contract SW-23, 2009 Salt Dome
To authorize the City Manager to execute a contract for SW-23, 2009 Salt Dome, with Hamlett Associates, Incorporated in the amount of $406,543.00;To establish a contingency fund in the amount of $60,981.45 (15%); and
To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $60,981.45 and the total project cost does not exceed $467,524.45.
(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #10 - 3 pages) (PR# 6032)
11. Memorandum of Agreement between the DCHC MPP, DATA, Chapel Hill Transit and Triangle Transit
To approve the "Memorandum of Agreement between the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and Chapel Hill Transit (CHT), Durham Area Transit Authority (DATA) and Triangle Transit for Implementing the US Department of Transportation (USDOT) Metropolitan Transportation Planning Regulation";To authorize the City Manager to execute the agreement on behalf of DATA; and
To authorize the City Manager to modify the agreement prior to execution provided the modifications are consistent with the general intent of the version of the agreement authorized by the City Council.
(Resource Person: Felix Nwoko – 4366) (Attachment #11 - 8 pages) (PR# 6042)
12. Execution of Pass-Through Agreements with the Town of Chapel Hill for Disbursement and Accounting of FTA Section 5303 Planning Funds
To authorize the City Manager to execute the Pass-through Agreement with the Town of Chapel Hill for the disbursement and accounting of the Federal Transit Administration (FTA) Section 5303 planning funds; andTo authorize the City Manager to make changes to the Pass-through Agreement prior to execution as long as the changes do not alter the original intent of agreement
(Resource Person: Felix Nwoko – 4366) (Attachment #12 - 13 pages) (PR# 6043)
13. Contract Amendment with Cambridge Systematics, Inc. (CS) for the MPO Non- Motorized Trip Model Development
To authorize the City Manager to execute a contract amendment to increase the original contract value of $200,000.00 with Cambridge Systematics, Inc. to $270,000.00 for the development of the MPO non-motorized trip model enhancement and associated staff training;To authorize the City Manager to modify the contract amendment prior to execution provided the modifications do not increase the dollar amount of the agreement, and the modifications are consistent with the general intent of the version of the agreement authorized by the City Council.
(Resource Person: Leta Huntsinger – 4366) (Attachment #13 - 19 pages) (PR# 6044)
14. Contract Amendment for Contract SW-21: 2008 Curb Ramps
To authorize the City Manager to amend contract SW-21: 2008 Curb Ramps with Holmes Contracting Incorporated by $397,879.02; andTo 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 Person: Edward R. Venable – 4326 ext. 233) (Attachment #14 - 2 pages) (PR# 6045)
15. Convert Stormwater Residential Billing from Monthly/Bi-Monthly to Annual Billing
To adopt an Ordinance Amending the Durham City Code, Section 70-653(a) to clarify that billing for Stormwater Services may occur at yearly frequencies and recommends annual billing commence on July 1, 2009.(Resource Person: Edward Cherry – 4326 ext. 228) (Attachment #15 - 3 pages) (PR# 6053)
18 – 21. Those items can be found on the General Business Agenda – Public Hearings.
26. Sub recipient Contracts to Implement Comprehensive Anti-Gang Funding
To authorize the City Manager to execute a contract with Communities in Schools of Durham, Inc. in the amount of $116,150.00 for gang prevention services;To authorize the City Manager to execute a contract with Edge Training and Placement Inc. in the amount of $109,500.00 for gang prevention/intervention services;
To authorize the City Manager to execute a contract with Child and Parent Support Services in the amount of $75,000.00 for gang prevention/intervention services;
To authorize the City Manager to execute a contract with Religious Coalition for a Non-Violent Durham in the amount of $25,000.00 for gang prevention/intervention services; and
To authorize the City Manager to modify the contracts before execution provided that modifications do not increase the dollar amount and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Person: Tim Henderson – 4222 ext. 252) (Attachment #26 – 119 pages) (PR# 6057)
27. Setting a Public Hearing on Proposed Amendments to the 2005-2010 Consolidated Plan and FY 2008-2009 Annual Action Plan
To set a public hearing to be held on May 4, 2009 to receive citizens' comments related to substantial amendments to the 2005-2010 Consolidated Plan and FY 08-09 Annual Action Plan.(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #27 – 2 pages) (PR# 6073)
29. Contract between the City of Durham and the Peoples Channel, Inc. for the Provision of Peg Access Services and an Amendment of the Inter-Local Cooperation Agreement between the City of Durham and the County of Durham Regarding Durham City and County
To authorize the City Manager to execute a contract with the Peoples Channel Inc. in the amount of $110,000.00 for the provision of PEG access services for a term of eighteen months;To authorize the City manager to modify the contract and other related documents prior to execution provided the modifications do not increase the dollar amount of the contract and do not decrease the obligations of the contract;
To authorize the City Manager to execute an amendment to the current inter-local agreement regarding Durham City and County Government television by increasing the amount of funding paid to the City by the County from $15,000.00 to $77,500.00;
To provide for the amended inter-local agreement to terminate on October 1, 2010; and
To authorize the City Manager to modify the agreement and any other related documents prior to execution provided the modifications do not decrease the dollar amount of the County's increased payment and do not decrease the obligations of the contract.
(Resource Persons: Patrick W. Baker – 4158 and Beverly B. Thompson – 4123) (Attachment #29 – 19 pages) (PR# 6111)
[General Business Agenda - Public Hearings]
18. Major Special Use Permit – Crestwood Suites Renovations (M0800005)
To hold a quasi-judicial public hearing to consider a Major Special Use Permit for development with fill within the special flood hazard area; andTo direct the Planning Director to prepare an order for adoption, for 1) approval, 2) approval with conditions or 3) denial, or to continue the hearing to a specified later meeting. (A draft order for approval with staff recommended conditions will be available at the meeting)
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #18 - 116 pages) (PR# 6046)
19. Major Site Plan and Floodplain Development Permit – Crestwood Suites Renovations (D0800215)
(This is not a Public Hearing)To approve a Major Site Plan and Floodplain Development Permit for "Crestwood Suites Renovations" submitted by Griffin Engineering, Inc., on behalf of Durham Crestwood, LLP for replacement of the swimming pool, portions of vehicular use area (VUA), interior driveways, dumpster pad, two exterior canopies and an outside dining area, including grading and fill in the floodway fringe, at an existing hotel on an 11.521 acre site, zoned Office Institutional (OI) and Falls/Jordan District B (F/J-B) and Major Transportation Corridor (MTC).
The site is located at 300 Meredith Drive, southwest of the intersection of NC 54 and NC 55. [PIN 0728-04-92-3673]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #19 - 23 pages) (PR# 6047)
20. Initial Zoning Map Change – Chin Page Office Park Initial (Z0800039A)
To conduct a public hearing and receive public comments on the initial zoning map change for Chin Page Office Park Initial (Z0800039A);To adopt an ordinance amending the Unified Development Ordinance, to establish Industrial Light with a development plan (IL(D)), Planned Development Residential 4.733 (PDR 4.733), and Residential Suburban Multi-family with a development plan (RS-M(D)) zoning for the property described in the attached staff report; 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 given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.
Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.
Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.
[The site is located on the North side of Chin Page Road and east of Stirrup Iron Creek, PINs 0748-04-91-0606, -5606, -91-7132]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #20 - 13 pages) (PR# 6038)
21. Initial Zoning Map Change – Culton Harris Properties Initial (Z0800040A)
To conduct a public hearing and receive public comments on the initial zoning map change for Culton Harris Properties Initial (Z0800040A);To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Suburban – 20 (RS-20) and Residential Rural (RR) zoning for the property described in the attached staff report; 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 given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.
Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.
Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.
[The site is located on the South side of Erwin Road and west of Annandale Road, PINs 0801-02-55-3886, -3796, -56-3091]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #21 - 9 pages) (PR# 6039)
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