City Council meeting Monday

A lot of the agenda items are about appointments to commssions and appropriations, but there are also some zoning items and contracting for the Third Fork Creek Trail. From www.durhamnc.gov/agendas :

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 June 1, 2009 and June 15, 2009 City Council Meetings; and

To approve City Council action taken at the May 21, 2009 and June 4, 2009 City Council Work Sessions.(Resource Person: D. Ann Gray – 4166 ext. 12267) (PR# 6358)

2. 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 to represent Landlord with the term to expire on June 30, 2012.

(Due to the term expiring of Paul Stinson)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #2—5 pages) (PR# 6304)

3. Citizens Advisory Committee—Receive and Accept Applications

To receive and accept applications for citizens to fill two (2) vacancies on the Citizens Advisory Committee with the terms to expire on June 30, 2011.

(Due to the resignations of Tommie Renae Wright-Kearney and Robert Buchanan)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #3—7 pages) (PR# 6305)

4. Human Relations Commission—Receive and Accept Applications

To receive and accept applications for a citizen to fill one (1) vacancy for a Non-Minority Male on the Human Relations Commission with the term to expire on June 30, 2012.

(Due to the term expiring of Brian Azar)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #4—5 pages) (PR# 6306)

5. Durham Cultural Master Plan Advisory Board—Reappointments

To reappoint Sherry L. Devries, Beverly Meek and Douglas Zinn to the Durham Cultural Master Plan Advisory Board with the terms to expire on June 30, 2010.

Note: At the Work Session on July 23, 2009, Sherry L. Devries and Beverly Meek received seven (7) votes and Douglas Zinn received six (6) votes.

(Due to the terms expiring of Sherry L. Devries, Beverly Meek, and Douglas Zinn)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #5—12 pages) (PR# 6309)

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

8. Audit Services Oversight Committee—Appointment

To appoint Maria Lorenz to the Audit Services Oversight Committee representing Business Community with the term to expire on June 1, 2013.

Note: At the Work Session on July 23, 2009, Ms. Lorenz received seven (7) votes.

(Due to the term expiring of Pamela Gorham)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #8—3 pages) (PR# 6312)

9. Durham City-County Appearance Commission—Appointment

To appoint Christina Conitzer to the Durham City-County Appearance Commission with the term to expire on April 1, 2012.

Note: At the Work Session on July 23, 2009, Christina Conitzer received four (4) votes, Eric Heidt received two (2) votes and Mr. Gilbert B. Wheless, Jr., received one (1) vote.

(Due to the term expiring of Nakira Devon Carter)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #9—7 pages) (PR# 6313)

10. Durham Board of Adjustment—Appointments

To reappoint Lynn A. Andrews and David J. Neill as Regular Members on the Durham Board of Adjustment with the terms to expire on June 30, 2012.

Note: At the Work Session on July 23, 2009, Deanna Crossman received one (1) vote, Lynn A. Andrews received six (6) vote and David J. Neill received six (6) votes.

(Due to the terms expiring of Lynn A. Andrews and David J. Neill)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #10—8 pages) (PR# 6314)

11. Durham City-County Environmental Affairs Board—Reappointments

To reappoint John Manuel (representing Solid Waste) and James Stivers (representing Energy) to the Durham City-County Environmental Affairs Board with the terms to expire on June 1, 2012.

Note: At the Work Session on July 23, 2009, Matthew Todd received one (1) vote, John Manuel received seven (7) votes and James Stivers received six (6) votes.

(Due to the terms expiring of John Manuel and James A. Stivers)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #11—8 pages) (PR# 6315)

12. Citizens Advisory Committee—Appointment

To appoint Anthony Royster to the Citizens Advisory Committee with the term to expire on June 30, 2010.

Note: At the Work Session on July 23, 2009, Mr. Royster received seven (7) votes.

(Due to the resignation of Gil Bernie Stewart)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #12—3 pages) (PR# 6317)

13. Housing Appeals Board—Reappointment

To reappoint H. Patrick Thomas to the Housing Appeals Board as an Alternate Member representing Neighborhood Association 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 #13—2 pages) (PR# 6319)

14. Auctioneering Services

To accept the proposal from Wester Auction & Realty, Inc., in the sum of 6.8% of the gross sales for providing the City with Auctioneering Services;

To authorize the City Manager to enter into a contract with Wester Auction & Realty, Inc., in the sum of 6.8% of the gross sales for providing the City with Auctioneering 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: Joseph W. Clark – 4132) (Attachment #14—10 pages) (PR# 6327)

15. Piggyback Purchase – Three Automated Arm Refuse Collection Bodies

To authorize the City Manager to enter into a contract with Amick Equipment Company, Inc., in the amount of $327,909.00 to purchase three Automated Arm Refuse Collection Bodies; 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 #15—5 pages) (PR# 6351)

16. Bid Report – May 2009

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #16—6 pages) (PR# 6329)

17. Bid Report – June 2009

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #17—11 pages) (PR# 6330)

18. Resolution Authorizing the Semi-Annual City Auction

To adopt a resolution authorizing the Semi-Annual City Auction to be held on September 26, 2009 at 10:00 a.m.

(Resource Person: Joseph W. Clark – 4132) (Attachment #18—3 pages) (PR# 6331)

19. Street Closing—165 Linear Feet of Belt Street (SC0900003)

To adopt a Resolution to set a public hearing on the proposed closing of 165 linear feet of Belt Street for September 8, 2009.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #19—5 pages) (PR# 6332)

20. Street Closing—295 Linear Feet of Sumter Street (SC0800007)

To adopt a Resolution to set a public hearing on the proposed closing of 295 linear feet of Sumter Street for September 8, 2009.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #20—5 pages) (PR# 6333)

21. Street Closing—1,067 Linear Feet of Maxwell Street (SC0800008)

To adopt a Resolution to set a public hearing on the proposed closing of 1,067 linear feet of Maxwell Street for September 8, 2009.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #21—5 pages) (PR# 6334)

22. Setting a Public Hearing to Consider Ordering Improvement

To adopt a resolution setting a public hearing for August 17, 2009 for the following improvement:

Sewer Main on Hursey Street from Lynn Road East to City Limits Line

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #22—9 pages) (PR# 6322)

23. Street Acceptanc

To accept the street on the attached list for maintenance by the City of Durham.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #23—2 pages) (PR# 6324)

24. Municipal Records Retention & Disposition Schedule

To adopt the Municipal Records Retention and Disposition Schedule as issued by the North Carolina Department of Cultural Resources-Division of Archives and History; and

To authorize the City Manager, Mayor and City Clerk to sign the approval form on behalf of the City.

(Resource Person: D. Ann Gray – 4166 ext. 12267) (Attachment #24—16 pages) (PR# 6368)

25. Second Amendment to the Subrecipient Agreement between Durham County Habitat for Humanity and the City of Durham for the Purchase of Six (6) Residential Lots

To authorize the City Manager to execute a Second Amendment to the existing Subrecipient Agreement between the City of Durham and Durham County Habitat for Humanity to extend the term from June 30, 2009 to December 31, 2009; and

To authorize the City Manager to modify the Amendment before execution provided that the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the contractor.

(Resource Person: Shepherd Smith – 4570 ext. 22227) (Attachment #25—5 pages) (PR# 6352)

26. Amendment to DAP Operating Agreement between the City of Durham and Minor League Baseball Management, LLC

To authorize the City Manager to execute the amendment to the Operating Agreement with Minor League Baseball, LLC for the Durham Athletic Park; and

To authorize the City Manager to modify the amendment before execution, provided that the modifications do not increase the dollar amount of the amendment and are consistent with the general intent of the amendment approved by City Council.

(Resource Person: Joy Mickle-Walker – 4965) (Attachment #26—13 pages) (PR# 6353)

27. ARRA (American Recovery and Reinvestment Act)—U.S. Environmental Protection Agency FY 2009 Brownfields Assessment Grant for the Pettigrew Street Corridor of Northeast Central Durham Grant Project Ordinance

To authorize the City Manager to accept the U.S. Environmental Protection Agency's Brownfields Assessment Grant by executing the grant documents; and

To adopt the U.S. Environmental Protection Agency's Brownfields Assessment Grant Project Ordinance FY 2009-2012 in the amount of $400,000.00.

(Resource Person: Kevin Dick – 4965 ext. 15219) (Attachment #27—5 pages) (PR# 6365)

28. Supplemental Fire Protection Contract Renewal for the Parkwood Volunteer Fire Department

To authorize the City Manager to execute a renewal amendment to the contract with the Parkwood Volunteer Fire Department to provide supplemental fire protection to the Grandale Drive Property Area; 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: Bruce T. Pagan, Jr.,—4242 ext. 222) (Attachment #28—5 pages) (PR# 6291)

29. Supplemental Fire Protection Contract Renewal for the Bahama Volunteer Fire Department

To authorize the City Manager to execute a renewal amendment to the contract with the Bahama Volunteer Fire Department to provide supplemental fire protection to the Treyburn Phase I Area; 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: Bruce T. Pagan, Jr.,—4242 ext. 222) (Attachment #29—5 pages) (PR# 6292)

30. Joint Use Facility Agreement for Fire Burning Exercises with Durham Fire Department and Durham Technical Community College

To authorize the City Manager to enter into an agreement with Durham Technical Community College for the joint use of the fire training facilities and grounds; 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 Person: Bruce T. Pagan, Jr.,—4242 ext. 222) (Attachment #30—9 pages) (PR# 6293)

31. Third Fork Creek Trail CMAR Agreement and Design Contract Amendment

To authorize the City Manager to execute an "Amendment No. 2" with Skanska USA Building for construction of the Third fork Creek Trail Project if the Final Guaranteed Maximum Price (GMP) does not exceed $3,100,000.00;

To authorize the City Manager to modify the 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 approved by the City Council;

To authorize the establishment of a project contingency equal to the budget for construction phase services of $3,480,500.00 less the final GMP;

To authorize the City Manager to negotiate and execute change orders on the Third fork Creek Trail Project, provided the total project cost does not exceed the budget for construction phase services;

To authorize the City Manager to negotiate and execute an "Amendment No. 3" with Coulter Jewel Thames for additional design services for the Third Fork Creek Trail in the amount of $66,217.20; and

To authorize the City Manager to modify the contract before executing it if the modifications do not increase the fee to be paid by the city and are consistent with the general intent of the version approved by the City Council.

(Resource Person: Daniel King – 4197) (Attachment #31—13 pages) (PR# 6343)

32. Second Contract Extension for Durham Bulls Athletic Park Cleaning

To authorize the City Manager to execute a contract extension with Sparkle and Shine Cleaning Services, Inc. for janitorial services at the Durham Bulls Athletic Park in the amount of $467,705.90 for the period beginning March 1, 2010 through September 30, 2011; 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: Harmon Crutchfield – 4197 ext. 21239) (Attachment #32 – 6 pages) (PR# 6347)

33. City Hall Roof Skylight Curb Construction Change Order

To authorize an increase of the City Hall Roof Renovation Project contingency by an additional $184,202.00; and

To authorize the City Manager to negotiate and execute change orders on the City Hall Roof Renovation Project, provided the total project cost does not exceed $2,121,865.00 which is the full amount budgeted for construction phase services including the project contingency.

(Resource Person: Trish Creta – 4197 ext. 21258) (Attachment #33—4 pages) (PR# 6357)

34. Minor Naming Rights for DPAC

To authorize the City Manager to execute a minor naming rights contract with Merck & Co., Inc. in the amount of $25,000.00; and

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

(Resource Person: Reginald J. Johnson – 4222 ext. 11223) (Attachment #34—17 pages) (PR# 6371)

35. DPAC Minor Naming Rights Funds for Cultural Arts Programs

To authorize the City Manager to execute an agreement with the Durham Arts Council, Inc., for the distribution of DPAC Minor Naming Rights Funds for Cultural Arts Programs;

To authorize the City Manager to execute an agreement with the St. Joseph's Historic Foundation, Inc., for the distribution of DPAC Minor Naming Rights Funds for Cultural Arts Programs;

To authorize the City Manager to execute an agreement with the Carolina Theatre of Durham, Inc., for the distribution of DPAC Minor Naming Rights Funds for Cultural Arts Programs; and

To authorize the City Manager to make modifications to the agreements prior to execution to so long as the modifications are consistent with the intent of the agenda memorandum.

(Resource Person: Reginald J. Johnson – 4222 ext. 11223) (Attachment #35—12 pages) (PR# 6372)

36. Acceptance of Warehouse Blues Sponsorship

To accept the donation by the West Village of $6,000.00 for the Warehouse Blues Series.

(Resource Person: Annette L. Smith – 4355 ext. 27214) (Attachment #36—2 pages) (PR# 6355)

37. Acceptance of Donation for the Holton Career and Resource Center

To accept the Basketball backboard donation by SKANSKA in the amount of $5,825.30; and

To authorize the SKANSKA corporate logo to be displayed upon the donated equipment.

(Resource Person: Annette L. Smith – 4355 ext. 27214) (Attachment #37—5 pages) (PR# 6356)

38. Annual Report-Durham Open Space and Trails

To receive the Annual Report from the Durham Open Space and Trails Commission.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #38—11 pages) (PR# 6283)

39. 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Award

To authorize the City Manager to execute an inter-local agreement between the County of Durham and the City of Durham to submit a joint application for the aggregate of funds allocated to Durham County and for the City to receive $96,499.50 of the awarded JAG funds for purposes identified in the joint application; and

To adopt the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, 2009 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant project ordinance in the amount of $96,499.50.

(Resource Person: Kisha Ethridge – 1185) (Attachment #40—39 pages) (PR# 6342)

40. ARRA (American Recovery and Reinvestment Act)—Contract for Use of the City of Durham FY2009 – Justice Assistance Grant by the District Attorney and the Administrative Office of the Courts

To authorize the City Manager to execute a contract in the amount of $63,000.00 between the City of Durham, the District Attorney for the Fourteenth Prosecutorial District, and the Administrative Office of the Courts, under which the Administrative Office of the Courts will expend City funds to continue to support one full time Domestic Violence Assistant District Attorney position to act as prosecutor for domestic violence cases; 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: Kisha Ethridge -1185) (Attachment #40—18 pages) (PR# 6359)

41. Contract with the U.S. Geological Survey for Continued Operation and Maintenance of the City of Durham Rainfall and Streamflow Network through the End of FY2011

To authorize the City Manager to negotiate and enter into intergovernmental agreements for the continued operation of the rainfall and streamflow automated monitoring network for an amount not to exceed $87,600.00 in FY2010 and $92,500.00 in FY2011; 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 Person: Michelle Woolfolk – 4326 ext. 30219) (Attachment #41—4 pages) (PR# 6282)

42. ARRA (American Recovery and Reinvestment Act) – Capital Project Ordinances for Surface Transportation Program Direct Attributable (STPDA) Projects to be Managed by the City of Durham

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2009-10, as amended, the same being Ordinance 13841 for the purpose of recognizing the American Recovery and Reinvestment Act (ARRA) of 2009 funds increasing New Sidewalk Construction by $2,732,369.00, Third Fork Creek Trail by $955,847.00, American Tobacco Trail Resurfacing by $283,680.00 and Miscellaneous Thoroughfares and Street Improvements by $959,918.00.

(Resource Person: Ellen Beckmann – 4366) (Attachment #42—4 pages) (PR# 6326)

43. Agreement between Orange Water and Sewer Authority and the City of Durham Regarding Mutual Aid for Water Supply

To authorize the City Manager to execute an Agreement between Orange Water and Sewer Authority (OWASA) and The City of Durham Regarding Mutual Aid for Water Supply; and

To authorize the City Manager to modify the amendment 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 approved by City Council.

(Resource Person: Nancy Newell – 4381 ext. 35254) (Attachment #43—13 pages) (PR# 6336)

44. License Agreement with North Carolina Railroad Company, for a 36" Potable Waterline along East Pettigrew Street for the Southern Reinforcing Main Project – Phase I

To authorize the City Manager to execute a License Agreement with North Carolina Railroad Company, for 3300 lf of 36" waterline installation, on East Pettigrew Street; 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 Person: Jim Harding – 4381 ext. 35260) (Attachment #44—23 pages) (PR# 6345)

45. Contract with Triangle J Council of Governments to Support Regional Water Supply Planning Efforts for the Joint Use of the B. Everett Jordan Reservoir

To authorize the City Manager to execute a Contract With Triangle J Council of Governments for Regional Water Supply Planning Efforts for the joint use of Jordan Lake, to begin upon execution and to extend through June 30, 2011; and

To authorize the City Manager to modify the agreement before execution provided the modifications do not increase the dollar amount of the contract, as amended, and are consistent with the general intent of the version of the contract approved by City Council.

(Resource Person: Vicki Westbrook – 4381 ext. 35266) (Attachment #45—12 pages) (PR# 6363)

50 – 57. Those items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda]

7. Housing Appeals Board—Appointment

To appoint a citizen to fill one (1) vacancy on the Housing Appeals Board for an Alternate Member to represent At-Large with the term to expire on June 30, 2010.

Note: At the Work Session on July 23, 2009, Mr. William A. Dudley Jr., received two 2 votes, Steve Hopkins received three (3) votes and Willie Patterson received two (2) votes.

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #7—7 pages) (PR# 6311)

[General Business Agenda—Public Hearings]

Assessments and Improvements

50. Mini Assessment Rolls for Street Opening, Curb, Gutter and Paving; Water and Sewer Laterals; and Water Main on Roane Street from End of Pavement at the North Property Line of Tax Map 603-4-3 to North Property Line of Tax Map 603-4-1

b. To find that the property of William and Brenda G. Curtis, identified as Roane Street, vacant, PIN 0842-17-21-3477, has not benefited from the street opening, curb, gutter and paving improvement at this time and to grant full relief of the assessment in the amount of $8,507.43 (in accordance with City policy);

To find that the property of William and Brenda G. Curtis, identified as Roane Street, vacant, PIN 0842-17-21-3477, has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy); and

To find that the property of William and Brenda G. Curtis, identified as Roane Street, vacant, PIN 0842-17-21-3477, has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $1,171.60, with the provision that the applicable water main frontage charge will be due and payable at the prevailing rate should the property connect to City water (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #50—1 page) (PR# 6323)

51. Mini Assessment Roll for Water and Sewer Laterals on Wynn Road from NC HWY 55 East to Railroad Right-of-Way

To reconsider the water and sewer lateral assessments against the property of Wilson A. Iminephro, identified as 1727 Wynn Road, vacant, PIN 0739-01-49-0070; and

To find that the property has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy). (Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #51—1 page) (PR# 6350)

52. Greenfire Economic Development Incentive Contract for Capital Investments for City Center Revitalization Phase II Subproject "Smaller Properties" and "Hill Building" in Downtown Durham

To authorize the City Manager to execute the economic incentive agreement between the City of Durham and Greenfire Development, L.L.C. for the capital investment in the "Smaller Properties" and "Hill Building" in downtown Durham;

To authorize a Public Hearing on the proposed Greenfire economic development incentives agreement be held per GS 158-7.1; and

To authorize the City Manager to make modifications to the prior to execution so long as the modifications are consistent with the general intent of the version of the agreement approved by the City Council.

(Resource Person: Kevin Dick – 4965) (Attachment #52—80 pages) (PR# 6361)

53. Central Durham Gateways Plan

To conduct a public hearing and receive public comments on the Central Durham Gateways Plan; and

To approve the Central Durham Gateways Plan.

Recommendations: The Planning Commission recommended approval, 11-0, on March 10, 2009. The Appearance Commission recommended approval, 9-0, on February 19, 2009.

(Resource Person: Steven L. Medlin, AICP,—4137 ext. 28223) (Attachment #53—81 pages) (PR# 6131)

54. Unified Development Ordinance (UDO) Text Amendment – CN Tier Parking (TC0900004)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – CN Tier Parking (TC0900004); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 10, Off-Street Parking and Loading.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #54—17 pages) (PR# 6302)

55. Plan Amendment – Ninth Street Compact Neighborhood (A0900001)

To conduct a public hearing and receive public comments on the Ninth Street Compact Neighborhood (A0900001) 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 High Density Residential (12-60 DU/Ac.), Medium High Density Residential (8-20 DU/Ac.), Office, Commercial, Institutional; Compact Neighborhood Tier (92 parcels) to Medium Density Residential (6-12 DU/Ac.), Design District, and Urban Tier (92 parcels), and to change the text of the plan to reflect the goals of the adopted Ninth Street Plan.

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

Planning Commission Recommendation: Approval, May 12, 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. 28223) (Attachment #55—35 pages) (PR# 6303)

56. Zoning Map Change – 4603 Durham-Chapel Hill Boulevard (Z0900005)

To conduct a public hearing and receive public comments on the zoning map change for 4603 Durham-Chapel Hill Boulevard (Z0900005);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z0900005 out of CN and placing same in and establishing same as CG;

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 – 4 on June 9, 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.

[The site is located at 4603 Durham-Chapel Hill Boulevard, southwest of Garrett Road. PIN: 0800-04-64-8513]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #56—16 pages) (PR# 6321)

57. Zoning Map Change – DLLT, LLC 2 (Z0800037)

To conduct a public hearing and receive public comments on the zoning map change for DLLT, LLC (Z0800037);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z0800037 out of CG(D) and placing same in and establishing same as CN(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, 11 – 3 on May 12, 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 west side of North Roxboro Road just north of the Eno River. PINs: 0824-02-66-4182, -6121, -6250]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #57—19 pages) (PR# 6223)

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

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

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: Steve L. Medlin, AICP – 4137 ext. 28223) (Attachment #64 – 15 pages) (PR# 6176)

65. Zoning Map Change – Brightleaf Commons (Z05-18)

To conduct a public hearing and receive public comments on the zoning map change for Brightleaf Commons (Z05-18);

To adopt an ordinance amending the Unified Development Ordinance, by taking the described property in zoning map change case Z05-18 out of CC, CG, OI, RR and RS-20; F/J-B and placing same in and establishing same as CG(D); F/J-B; 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 (A05-09) 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 (Brightleaf Commons A05-09) be adopted, based on consistency with the Comprehensive Plan and considering the information contained in this report.

Planning Commission Recommendation and Vote: Denial, 10-2 on January 13, 2009. 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 does not believe this request is reasonable or in the public interest in light of the information in the staff report and comments received during the public hearing. The Commission recommends denial based on problems with traffic congestion, concerns regarding impacts on the environment, inconsistency with neighboring land uses and opposition from the community.

[The site is located on the North side of US 70 between Mineral Springs Road and Angier Avenue. PIN: 0759-01-09-8869, -9478, -19-1167, -18-2841, -6965, -9825, -8788, -8712, -7523, -9400, -28-4469, -0684, -2488, -5628, -6405, -6327, -7168, -27-9799)]

(Resource Person: Steve L. Medlin, AICP – 4137 ext. 28223) (Attachment #65 – 66 pages) (PR# 6171)

[Adjournment]