City Council meeting tonight

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

2. Equal Business Opportunity Program Advisory Committee - Reappointment

To reappoint Joyce Tipton to the Equal Business Opportunity Program Advisory Committee for a SDBE Construction Firm Owner with the term to expire on April 1, 2011.

Note: At the Work Session on May 21, 2009, Ms. Tipton received seven (7) votes.

(Due to the expired term of Joyce Tipton)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #2 - 4 pages) (PR# 6163)

3. Durham Area Transit Authority Board of Trustees - Appointment

To appoint Kathleen Oppenheimer as an Alternate Member to the Durham Area Transit Authority Board of Trustees with the term to expire on March 1, 2012.

Note: At the Work Session on May 21, 2009, Ms. Oppenheimer received seven (7) votes.

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #3 - 3 pages) (PR# 6165)

4. Durham Board of Adjustment - Reappointment

To reappoint Henry D. Blinder to the Durham Board of Adjustment as an Alternate Member with the term to expire on June 30, 2012.

(In accordance with City Council Procedures, when a term with six [6] months or less remaining is filled, then at the expiration date of the term, the name of the appointee will be submitted to the Council for nomination for reappointment and/or publicizing of the vacancy)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #4 - 3 pages) (PR# 6167)

5. Citizens Advisory Committee - Receive and Accept Applications

To receive and accept applications for citizens to fill four (4) vacancies on the Citizens Advisory Committee with the terms to expire on June 30, 2012.

(Due to the terms expiring of Dorcas M. Bradley, Delvin Davis, Kyla Sweet-Chavez and Faith M. Thompson)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #5 - 10 pages) (PR# 6168)

6. Human Relations Commission - Reappointment

To reappoint James Z. Daniels to the Human Relations Commission with the term to expire on June 30, 2012.

(In accordance with City Council Procedures, when a term with six [6] months or less remaining is filled, then at the expiration date of the term, the name of the appointee will be submitted to the Council for nomination for reappointment and/or publicizing of the vacancy)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #6 - 3 pages) (PR# 6174)

7. Ordinance Fixing Filing Fees for Candidates to Municipal Office in the City of Durham

To adopt an Ordinance Fixing Filing Fees for Candidates to Municipal Office in the City of Durham.

(Resource Person: D. Ann Gray – 4166 ext. 12267) (Attachment #7 - 1 page) (PR# 6189)

8. ARRA (American Recovery and Reinvestment Act) - Setting a Public Hearing on Neighborhood Stabilization Program (NSP-2) Competitive Funding Application Submittal

To set a public hearing for June 15, 2009 on a Neighborhood Stabilization Program (NSP-2) Competitive Funding Application to the U.S. Department of Housing and Urban Development; 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-2 Program including all program agreements and related documents.

(Resource Person: Larry Jarvis – 4570 ext. 273) (Attachment #8 - 2 pages) (PR# 6197)

9. Bid Report – April 2009

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of April 2009.

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #9 - 12 pages) (PR# 6180)

10. Piggyback Purchase – One (1) 95 Ft. Aerial Platform

To authorize the City Manager to enter into a contract with the Sutphen Corporation, in the amount of $853,582.95 for providing the City with one (1) 95 ft. Aerial Platform; and

To authorize the City Manager be 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 #10 - 5 pages) (PR# 6195)

11. Bids -Three Hundred Bio-Hazardous Masks w/Filters

To accept the bid from Dawson Associates, Inc., in the amount of $123,080.00 for providing the City with Bio-Hazardous Masks w/Filters;

To authorize the City Manager to enter into a contract with Dawson Associates, Inc., in the amount of $123,080.00 for providing the City with Bio-Hazardous Masks w/Filters; 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 D.C. Allen - 4168) (Attachment #11 - 6 pages) (PR# 6201)

12. Bids - Term Contract for Firefighter Turnout Gear

To accept the bid from C.W. Williams & Company, in the amount of $268,026.00 for providing the City with a term contract for Firefighter Turnout Gear;

To authorize the City Manager to enter into a contract with C.W. Williams & Company, in the amount of $268,026.00 for providing the City with a term contract for Firefighter Turnout Gear; 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 #12 - 5 pages) (PR# 6200)

13. 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 #13 - 2 pages) (PR# 6169)

14. Reaffirming Ward Boundaries

To adopt an Ordinance Respecting the Assignment of Territory to Election Wards.

(Resource Person: Richard Weintraub – 4158 ext. 13242) (Attachment #14 - 5 pages) (PR# 6196)

15. Zoning Enforcement Performance Audit (April 2009)

To receive and accept the Zoning Enforcement Performance Audit dated April 2009 as presented and approved at the April 27, 2009 meeting of the Audit Services Oversight Committee.

(Resource Person: Germaine Brewington – 4213 ext. 14244) (Attachment #15 - 13 pages) (PR# 6157)

16. Resolution Memorializing John Hope Franklin

To adopt a Resolution Memorializing John Hope Franklin.

(Resource Person: Council Member Howard Clement, III – 4396 ext. 10272) (Attachment #16 - 2 pages) (PR# 6190)

17. Resolution Memorializing Ernie Barnes

To adopt a Resolution Memorializing Ernie Barnes.

(Resource Person: Council Member Howard Clement, III – 4396 ext. 10272) (Attachment #17 - 2 pages) (PR# 6191)

18. Minor Naming Rights for the Durham Performing Arts Center

To authorize the City Manager to execute a minor naming rights contract with the Trapani Family Charitable Fund in the amount of $19,000.00;

To authorize the City Manager to execute a minor naming rights contract with Skanska USA Building, Inc. in the amount of $23,000.00;

To authorize the City Manager to execute a minor naming rights contract with American Safety Products in the amount of $1,000.00;

To authorize the City Manager to execute a minor naming rights contact with North Carolina Institute of Minority Economic Development the amount $1,000.00; and

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

(Resource Person: Reginald J. Johnson – 4222 ext. 11223) (Attachment #18 - 15 pages) (PR# 6072)

19. Sublease Agreement for the Duke Wellness Center located at the Holton Center

To authorize the City Manager to execute a five year lease agreement with Duke University Health System for the sum of $1.00 per year to establish a Wellness Center at The Holton Center; and

To authorize the City Manager to make changes to the lease agreement provided such changes do not change the intent of the agreement or lease.

(Resource Person: Judy Simuel – 4197 ext. 244) (Attachment #19 - 15 pages) (PR# 6052)

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

21. Annual Report - Durham Environmental Affairs Board

To receive the 2008 Annual Report of the Durham Environmental Affairs Board.

(Resource Person: Rochelle Araujo, Chair – 4137 ext. 223) (Attachment #21 - 8 pages) (PR# 6184)

22. Use of Controlled Substance Tax Distribution Funds and Federal Asset Forfeiture Funds for Pre-Employment Polygraph Examinations of Police Applicants

To authorize the Use of Controlled Substance Abuse Funds and Federal Asset Forfeiture Funds;

To authorize the City Manager to execute a three-year contract in a total amount not to exceed $82,500.00 with North Carolina Polygraph Services, Inc. for police pre-employment polygraph examinations; 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 Person: Kathy Koechling – 4332) (Attachment #22 - 14 pages) (PR# 6182)

23. Use of Controlled Substance Tax Distribution Funds and Federal Asset Forfeiture Funds for Pre-Employment Psychological Examinations of Police Applicants

To authorize the City Manager to execute a three-year contract in a total amount not to exceed $165,000.00 with Law Enforcement Services Group, PLLC, d/b/a The FMRT Group for police pre-employment psychological examinations; 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 Person: Kathy Koechling – 4332) (Attachment #23 - 14 pages) (PR# 6185)

24. Contract for Psychological Services for Police Employees

To authorize the City Manager to execute a three-year contract in a total amount not to exceed $75,600.00 with Law Enforcement Services Group, PLLC, d/b/a The FMRT Group for psychological services; 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 Person: Kathy Koechling – 4332) (Attachment #24 - 15 pages) (PR# 6186)

25. North Carolina State University (NCSU) Contract for the Demonstration and Evaluation of Floating Wetland Islands

To authorize the City Manager to negotiate and execute a contract under which the City pays up to $49,500.00 for two floating wetland islands to be bought by North Carolina State University, and provides miscellaneous services and use of City property in connection with a grant North Carolina State University and the City have received from NCDENR for a floating wetland islands project, with each party responsible for any liabilities resulting from the actions of their own employees and agents; 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 Person: Jacob Chandler – 4326 ext. 30242) (Attachment #25 - 17 pages) (PR# 6160)

26. Contract SW-19: 2009 Sidewalk and Curb Cut Ramp Repairs

To authorize the City Manager to execute a contract for SW-19 2009 Sidewalk and Curb Cut Ramp Repairs with Browe Construction Company in the amount of $444,503.00;

To establish a contingency fund in the amount of $66,675.45 (15%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $66,675.45 and the total project cost does not exceed $511,178.45.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #26 - 2 pages) (PR# 6177)

27. Rescinding Resolutions Ordering Certain Local Improvements

To rescind the resolutions ordering the following improvements:

Curb, gutter, and paving and water and sewer laterals on Drake Avenue from Stroller Avenue to Albany Street, and

Curb, gutter, and paving and water and sewer laterals on Forge Road from the west property line of PIN 0728-01-26-4239 to the east property line of PIN 0728-01-46-0157

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #27 - 4 pages) (PR# 6178)

28. City of Durham and NCDOT FY 2008-09 Transportation Planning Grant Project Ordinance Superseding "Transportation Planning Grant Project Ordinance #13636"

To authorize the City Manager to accept the City of Durham and the North Carolina Department of Transportation - Section 104(f) and Section 133(b)(3)(7) Transportation Planning Grant Project Ordinance – FY 2008-2009 Grant by executing the grant documents; and

To adopt the City of Durham and the North Carolina Department of Transportation - Section 104(f) and Section 133(b)(3)(7) Transportation Planning Grant Project Ordinance – FY 2008-2009 grant project ordinance superseding Grant Project Ordinance #13636.

(Resource Person: Felix Nwoko – 4366 ext. 296) (Attachment #28 - 6 pages) (PR# 6194)

29. Professional Engineering Services for Sludge Storage Pad Cover

To authorize the City Manager to execute a contract with Hazen and Sawyer, P.C. for engineering services for the Sludge Storage Pad Cover at the North Durham Water Reclamation Facility in the total amount not to exceed $154,000.00;

To authorize establishment of a contingency fund for the contract of $15,000.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $15,000.00 and the total project cost does not exceed $169,000.00; and

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

(Resource Person: Thomas A. Bastable – 4381) (Attachment #29 - 46 pages) (PR# 6166)

30. Contract for Water and Wastewater Sludge Removal, Land Application and Associated Services with Synagro Central, LLC

To authorize the City Manager to execute a Contract with Synagro Central, LLC for Water and Wastewater Sludge Removal, Land Application and Associated Services, to begin on July 1, 2009 and to extend through December 31, 2014, with possible extensions; and

To authorize the City Manager to modify the agreement prior to execution provided the modifications do not increase the Initial Base Rates for 2009 in the agreement, do not decrease the services provided, and are substantially consistent with the general intent of the version of the agreement.

(Resource Person: Robert Dodson – 4386) (Attachment #30 - 27 pages) (PR# 6193)

34 – 39. Those items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda]

Assessments and Improvements

1. Human Relations Commission - Receive and Accept Applications

To receive and accept applications for citizens to fill three (3) vacancies on the Human Relations Commission for one (1) Minority Female, one (1) Other Racial Minority Group Female, and one (1) Minority Male with the terms to expire on June 30, 2012.

(Due to the terms expiring of Ryan L. Urquhart, Alba Onofrio and the resignation of Kamala L. Uzzell)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #1 - 8 pages) (PR# 6114)

20. 2009-2010 Benefits Recommendation

To approve the 2009-2010 Employee Benefits Program for the Plan Year September 1, 2009 through August 31, 2010;

To authorize the City Manager to execute contracts with the recommended benefit vendors; 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 Person: Virginia H. Jones – 4214 ext. 23274) (Attachment #20 – 109 pages) (PR# 6202)

[General Business Agenda - Public Hearings]

34. The Proposed FY2010 Budget and FY2010-2015 Capital Improvement Plan (CIP)

To conduct a public hearing and receive public comments on the Proposed FY2010 Budget and FY2010-2015 Capital Improvement Plan (CIP).

(Resource Person: Bertha T. Johnson – 4111 ext. 20285) (PR# 6207)

35. Zoning Map Change – Northgate Hotel (Z0800038)

To conduct a public hearing and receive public comments on the zoning map change for Northgate Hotel (Z0800038);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z0800038 out of CC and RU-5(2) and placing same in and establishing same as CC(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, 14 – 0 on April 14, 2009. 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 between North Gregson Street and North Duke Street, north of West Club Boulevard. PINs: 0822-11-75-2486, -4505, 12-75-6481, -8509]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #35 - 25 pages) (PR# 6159)

36. Zoning Map Change – Hope Valley Farms Pods NN & X Revisions (Z0900001)

To conduct a public hearing and receive public comments on the zoning map change for Hope Valley Farms Pods NN & X Revisions (Z0900001);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z0900001 out of PDR 6.800 and placing same in and establishing same as PDR 6.800; 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, 8-6 on April 14, 2009. 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 east side of South Roxboro Street, south of Martin Luther King, Jr. Parkway. PIN: 0729-01-18-8611]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #36 - 16 pages) (PR# 6161)

37. Plan Amendment - Alexander Village, Phase II (A0800006)

To conduct a public hearing and receive public comments on the Alexander Village, Phase II (A0800006) Plan Amendment; and

To adopt a Resolution to change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Medium Density Residential to Commercial.

Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments.

Planning Commission Recommendation: Approval, April 14, 2009, 14-0, based on the information provided in the staff report, the justification and meeting the four criteria for plan amendments.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #37 - 13 pages) (PR# 6162)

38. Zoning Map Change – Alexander Village (Z0800036)

To conduct a public hearing and receive public comments on the zoning map change for Alexander Village (Z0800036);

To adopt an Ordinance Amending the Unified Development Ordinance, by taking the described property in zoning map change case Z0800036 out of CC, CC(D) and RR 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, should the pending plan amendment (A0800006) be approved, 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, should the plan amendment (Alexander Village, Phase II, A0800006) be adopted, based on consistency with the Comprehensive Plan and considering the information contained in this report.

Planning Commission Recommendation and Vote: Approval, 14-0 on April 14, 2009. The Planning Commission recommends approval. The Planning Commission finds that the ordinance request is not consistent with the adopted Comprehensive Plan. However, should the plan amendment be approved, the request would be consistent with the 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.

[The site is located on the north of T.W. Alexander Drive, east of Page Road and west of the Wake County line. PIN: 0759-02-60-7163.SPL)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #38 - 25 pages) (PR# 6170)

39. Plan Amendment – Brightleaf Commons (A05-09)

To conduct a public hearing and receive public comments on the Brightleaf Commons (A05-09) Plan Amendment; and

To adopt a Resolution to change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Low-Medium Density Residential and Office to Commercial. Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments

Planning Commission Recommendation: Approval, November 9, 2005, 9-2, based on the information provided in the staff report, the justification and meeting the four criteria for plan amendments

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #40 - 15 pages) (PR# 6176)

[Supplimental Items]

[Adjournment]