City Council meeting Monday

Looking over the agenda, I notice that the request to fill in more wetland in the Northeast Creek floodplain along Highway 55 north of Sedwick is being voted on.  The County Commissioners are having a work session starting at 9am.  I'm not sure if they usually post the agendas for daytime working meetings, but you can see it this time at www.co.durham.nc.us.   

 

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. DATA Advertising Revenue Financial Audit (March, 2008)

To receive and accept the DATA Advertising Revenue Financial Audit (March, 2008) as presented and approved at the April 28, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Kevin Neuman – 1323) (Attachment #1 - 13 pages) (PR# 5052)

2. Cash Collections Compliance Audit (February, 2008)

Receive and accept the Cash Collections Compliance Audit (February, 2008) as presented and approved at the April 28, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Kevin Neuman – 1323) (Attachment #2 - 16 pages) (PR# 5053)

3. Approval of City Council Minutes

To approve City Council minutes for the April 21, 2008 City Council Meeting; and

To approve City Council action taken at the April 10, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5027)

4. Durham Housing Authority Board of Commissioners - Appointment

To appoint David J. Haley to the Durham Housing Authority Board of Commissioners with the term to expire on September 28, 2011.

Note: At the Work Session on May 22, 2008, Mr. Haley received six (6) votes.

(Due to the resignation of Rochelle Newton Brown)

(Resource Person: LaVerne V. Brooks - 4166) (Attachment #4 - 12 pages) (PR# 5075)

5. Citizens Advisory Committee - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Citizens Advisory Committee with term to expire on June 30, 2011.

(Due to the terms expiring of DeWarren K. Langley)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 3 pages) (PR# 5077)

6. Housing Appeals Board - Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill two (2) vacancies on the Housing Appeals Board to represent Tenant and Finance with terms to expire on June 30, 2011.

(Due to the terms expiring of Tiffany Dawn Russell and Chandra T. Taylor)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment # - 6 pages) (PR# 5078)

7. Durham City-County Appearance Commission - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Durham City-County Appearance Commission with the term to expire on April 1, 2011.

(Due to the term expiring of Rebecca Wellborn)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 6 pages) (PR# 5081)

8. Durham Bicycle & Pedestrian Advisory Commission - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2008.

(Due to the a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 6 pages) (PR# 5083)

10. Citizens Advisory Committee - Reappointment

To reappoint Tommie Renae Wright-Kearney to the Citizens Advisory Committee with a term to expire on June 30, 2011.

(Note: According to 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 City Council for nomination for reappointment, and/or publicizing of vacancy.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #10 - 2 pages) (PR# 5110)

11. Mayor's Nominees for Appointment

To appoint R. Kelly Bryant as a Mayor's Appointee to the Durham Historic Preservation Commission with the term to expire on September 1, 2011; and

To reappoint John W. Mallard, Jr. to the Durham Convention & Visitors Bureau Tourism Development Authority with the term to expire on October 31, 2010 and Albernard Bass, Jr. to the Durham Civic Center Authority with the term to expire on July 31, 2010.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #11 - 10 pages) (PR# 5112)

12. Street Closing - An Unopened Portion of T.W. Alexander Drive located between Miami Boulevard and Page Road (SC07-10)

To adopt a resolution to set a public hearing for August 4, 2008 on the proposed closing of a 236.85 linear foot portion of T.W. Alexander Drive located on the north side of T.W. Alexander Drive, east of Miami Boulevard and west of Page Road.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #12 - 6 pages) (PR# 5067)

13. Major Site Plan and Amendment to Development Plan – Patterson Place Phase II-Amendment (D0800044)

To approve a major site plan and amendment to the development plan for "Patterson Place Phase II-Amendment," submitted by Horvath Associates, PA, on behalf of L H Boulevard LLC/Lincoln Harris, for a mixed use project (35,794 square foot retail, 62,664 square foot office, and a 78,120 square foot, 130 room hotel) with 569 vehicle and 33 bicycle parking spaces on a 10.936 acre site, zoned Mixed Use with Development Plan MU (D) and Major Transportation Corridor (MTC).

[The site is located at 3501 Mt. Moriah Road, on the northeast corner of Mt. Moriah Road and McFarland Drive. PINs 0800-03-11-8475, 0800-03-21-3399, 0455, 0447, 2134]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #13 - 15 pages) (PR# 5068)

14. Major Site Plan – Brightleaf at the Park Tract 10 (D06-979)

To approve a major site plan and preliminary plat for "Brightleaf at the Park, Tract 10," submitted by Duane K. Stewart & Associates, Inc. on behalf of Rhein Brightleaf LLC, for a 90 lot subdivision on a 52.72 acre site zoned PDR 3.99, RR and F/J-B.

[The site is located on the west side of Northern Durham Expressway, south of Sherron Road and north of Golden Leaf Parkway. PIN 0850-03-32-1588 SPL.]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #14 - 13 pages) (PR# 5070)

15. Major Site Plan – Brightleaf At The Park Tract 8 (D06-953)

To approve a major site plan for "Brightleaf at the Park, Tract 8," submitted by Aiken and Yelle Associates, PA on behalf of Rhein Brightleaf LLC, for 212 townhome units on a 20.67 acre site zoned PDR 3.99 and F/J-B.

[The site is located on the west side of the future Northern Durham Parkway and south of Flat River Drive. PIN 0850-02-50-1037]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #15 - 19 pages) (PR# 5096)

16. 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 #16 - 6 pages) (PR# 5049)

17. Fiscal Year 2007-08 Budget Amendment And Capital Improvement Project Budget Amendments

To adopt an Ordinance Amending the FY2007-08 City of Durham Budget Ordinance, the same being Ordinance #13451;

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance #13428 for the purpose of $20,000,000.00 of 2007 Streets Bonds and $329,371.00 of various revenues and to decrease over-stated revenues of $633,000.00;

To adopt an Ordinance Amending the Stormwater Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance 13430 for the purpose of removing $1,400,000.00 of revenues from various projects; and

To adopt a Resolution to Supersede the Fiscal Year 2007-08 Financial Plans for Internal Service Funds, the same being Resolution #9840.

(Resource Person: Danial Morris – 4111) (Attachment #17 - 10 pages) (PR# 5038)

18. Duct Bank Agreement - Amendment No.2

To expand the definition of the "Project" as defined in the Development Agreement to include the Duct Bank Project as defined in the Second Amendment to Development Agreement;

To find that the price to be paid by the City for the construction described in the Second Amendment is reasonable;

To authorize the City Manager to execute the Second Amendment to Development Agreement with American Campus LLC and Capitol Broadcasting Company, Incorporated; and

To authorize the City Manager to modify the Second Amendment provided that the modifications do not increase the dollar amount and the modifications are consistent with the general intent of the Second Amendment.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #18 - 10 pages) (PR# 5087)

19. Proposed Sale of Surplus Property at 410-426 N. Roxboro St. and 308 Elliott Street, City Tract # 1620

To accept the offer of $198,000.00 from Susana Dancy and J. Scott Harmon to purchase the Property at 426 N. Roxboro Street (Parcel 110544); 422 N. Roxboro Street (Parcel 110545);

420 N. Roxboro Street (Parcel 110546); 418 N. Roxboro Street (Parcel 110547); 416 N. Roxboro Street (Parcel 110548); 414 N. Roxboro Street (Parcel 110549); 412 N. Roxboro Street (Parcel 110550); 410 N. Roxboro Street (Parcel 110551); and 308 Elliott Street (Parcel 110543); and

To authorize the City Manager to sell and the Mayor to convey the property by a non-warranty deed.

(Resource Person: Donna Lunsford – 4197 ext. 242) (Attachment #19 - 5 pages) (PR# 4966)

20. Proposed Acquisition for Brecknock–Donnigale Sanitary Sewer, Property of Betsy C. Vatavuk (Widow) - Parcel Id #138642, Acquisition of Sewer Easement (23,460+ Sq. Ft.), Temporary Construction Easement (15,724+ Sq. Ft.)

To approve the acquisition of a sewer easement (23,460+ sq. ft.), a temporary construction easement (15,724 + sq. ft.), and compensation for landscape damages for a total of $37,646.00, property of Betsy C. Vatavuk (widow), Parcel ID #138642.

(Resource Person: Cecil Woods – 4197) (Attachment #20 - 6 pages) (PR# 5037)

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

22. Walltown Park Recreation Center CMAR Construction Services Amendment

To authorize the City Manager to negotiate and execute Amendment No. 2 with Skanska USA Building for the Structural Steel Detailing for the Walltown Park Recreation Center project in the amount of $29,654.00;

To authorize the City Manager to negotiate and execute an Amendment No. 2 with Skanska USA Building for the Structural Steel Fabrication and Erection for the Walltown Park Recreation Center project in the amount of $874,303.00 if the CMAR's cost estimate for the entire project is within the construction budget;

To establish a project contingency equal to $90,000.00;

To authorize the City Manager to negotiate and execute change orders on the Walltown Park Recreation Center project, provided the total project cost does not exceed the amount budgeted for construction phase services plus the project contingency.

(Resource Person: John Paces-Wiles – 4197 ext. 252) (Attachment #22 - 12 pages) (PR# 5093)

24. Acceptance of a Donation for Leigh Farm Park from the Durham Orange Recreational Disc Golf Association

To accept a donation of $21,390.00 in equipment and installation from the Durham Orange Recreational Disc Golf Association for a disc golf course in Leigh Farm Park.

(Resource Person: Beth Timson – 4355) (Attachment #24 - 5 pages) (PR# 5060)

25. Software License Agreement between City of Durham and the Active Network, Inc.

To authorize the City Manager to execute a contract with The Active Network, Inc. (TAN) not to exceed $168,307.00 for a three year contract for the provision of a recreation software solution which includes software licensing, installation and configuration of software for program registrations, facility reservations, athletic league scheduling and on-line program registrations, and the first year's maintenance fees;

To authorize the City Manager to execute and pay $20,750.00 each year for a Software Support and Maintenance Agreement fee for years two and three; and

To authorize the City Manager to make changes to the agreements such that the payments to the contractor are not increased nor the contractor's duties decreased.

(Resource Person: Joy Guy – 4355 ext. 204) (Attachment #25 - 35 pages) (PR# 5092)

26. Management Agreement for the Community Family Life & Recreation Center at Lyon Park

To authorize the City Manager to execute the management agreement for the Community Family Life & Recreation Center at Lyon Park with Calvary Ministries of the Westend, Inc.; and

To authorize the City Manager make changes to the agreement prior to execution so long as the obligations of the City are not increased and the benefits to the City are not lessened.

(Resource Person: Ruben Wall – 4355 ext. 234) (Attachment #26 - 23 pages) (PR# 5090)

27. Contract with the University of Florida Training and Services Institute to Deliver Gang Investigator Training

To authorize the City Manager to execute a contract in an amount not to exceed $51,000.00 with the University of Florida Training and Services Institute to deliver gang investigator training to members of the Durham Police Department and their law enforcement partners; 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: Mark Sykes – 4322) (Attachment #27 - 19 pages) (PR# 5058)

28. Contract for Reimbursement of Costs Incurred for Law Enforcement Assistance and Accompanying Grant Project Ordinance

To authorize the City Manager to accept the City of Durham and Town of Chapel Hill Grant by executing the grant documents;

To adopt the City of Durham and Town of Chapel Hill Grant Project Ordinance for Temporary Law Enforcement Assistance during 2008 NCAA Basketball Tournament on Saturday, April 5, 2008; and

To authorize the City Manager to execute a contract with the Town of Chapel Hill for Reimbursement of Costs Incurred for Law Enforcement Assistance.

(Resource Person: Mark Sykes – 4322) (Attachment #28 - 11 pages) (PR# 5062)

30. Ordinance Regulating the Use of Stormwater Facility Replacement Fund Payments and Stormwater Facility Agreement and Covenants

To adopt an Ordinance revising Chapter 70 Article VIII, Division 4 entitled "An Ordinance Amending Chapter 70 of the Durham City Code to Detail the Use of Stormwater Facility Replacement Fund Payments"; and

To authorize the City Manager to execute on an ongoing basis the Stormwater Facility Agreement and Covenants similar to and consistent with the draft agreement.

(Resource Person: Paul J. Wiebke – 4326 ext. 239) (Attachment #30 - 19 pages) (PR# 5105)

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

33 - 56. These items can be found on the General Business Agenda – Public Hearings.

61. This item can be found on the General Business Agenda – Public Hearings.

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

63. Technical Corrections to Ordinance #13593 Amending Durham City Code Section 70- 51, Monthly Rates for Water Service, Sewer Service, and Water and Sewer Service, Section 3

To adopt an Ordinance Making Technical Corrections to Ordinance #13593 Amending Durham City Code Section 70-51, Monthly Rates for Water Service, Sewer Service, and Water and Sewer Service and Adopting Revised Fees in the City's Fee Schedule.

(Resource Person: Vicki Westbrook – 4381 ext. 266) (Attachment #63 – 2 pages) (PR# 5178)

64. Agreement for Treatment of Wastewater from the Blenheim Wood Subdivision by Orange Water and Sewer Authority

To authorize the City Manager to execute an agreement with the Orange Water and Sewer Authority for the Treatment of Wastewater from the Blenheim Wood Subdivision; and

To authorize the City Manager to make changes to the agreement before execution provided the changes do not increase the amount to be paid by the City and do not decrease services to be provided to the City.

(Resource Person: Don Greeley – 4381) (Attachment #64 – 6 pages) (PR# 5180)

[General Business Agenda]

21. Durham Arts Council, Inc. Amendment to Twenty-Five Year Lease

To authorize the City Manager to amend the existing twenty-five year lease agreement with the Durham Arts Council, Inc. to include an annual payment until the term expires on June 30, 2013; and

To authorize the City Manager to modify the amendment to the agreement before execution provided the modifications do not increase the annual payment of $581,000.00 in FY 2008-09.

(Resource Person: Sharon DeShazo – 4197 ext. 246) (Attachment #21 - 6 pages) (PR# 5091)

31. Quarterly Crime Report

To receive a presentation on the Police Department's Quarterly Crime Report.

(Resource Person: Jose L. Lopez, Sr. – 4322) (Attachment #31 – 26 pages)

62. Interlocal Agreement between Chatham County and the City of Durham Respecting Water Sales

To authorize the City Manager to execute the Interlocal Agreement between Chatham County and the City of Durham Respecting Water Sales; and

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

(Resource Person: Nancy Newell – 4381) (Attachment #62 – 10 pages) (PR# 5116)

[General Business Agenda – Public Hearings]

33. Ordering Petitioned Improvement

To conduct a public hearing and receive public comments; and

To adopt a resolution ordering Curb, Gutter and Paving, Water and Sewer Laterals on Ardmore Drive from Cook Road to the West Property Line of PIN 0820-18-41-3473.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #33 - 2 pages) (PR# 5039)

34. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #34 - 2 pages) (PR# 5040)

35. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #35 - 2 pages) (PR# 5041)

36. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water Main on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #36 - 2 pages) (PR# 5042)

37. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Chalk Level Road from Shaftsbury Street to Stadium Drive.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #37 - 2 pages) (PR# 5043)

38. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #38 - 2 pages) (PR# 5047)

39. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water Main on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 43260 (Attachment #39 - 2 pages) (PR# 5048)

40. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Chalk Level Road from Shaftsbury Street to Stadium Drive.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #40 - 2 pages) (PR# 5044)

41. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water Main on Chalk Level Road from Shaftsbury Street to Stadium Drive.

(Resource Persons: Edward R. Venable and Nathan. L. McHenry – 4326) (Attachment #41 - 2 pages) (PR# 5045)

42. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #42 - 2 pages) (PR# 5046)

43. Voluntary Annexation Petitions Received By January 1, 2008

To receive citizens' comments concerning the annexation of the following Voluntary Annexation Areas:

a) FY2005-14 Brightleaf Commons

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and

To authorize the City Manager to enter into a half base contract with Bethesda VFD

b) FY2007-05 Ravenstone Phase 3

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and

To authorize the City Manager to pay the debt service of the Redwood VFD

c) FY2007-13 Doc Nichols

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and

To authorize the City Manager to half base contract with Bethesda VFD

d) FY2008-02 Davis Park Retail

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and

To authorize the City Manager to pay the debt service of the Parkwood VFD

e) FY2008-07 Freeman Road/Roberts Property

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and

To authorize the City Manager to pay the debt service of the Redwood VFD

f) FY2008-08 Bivins Creek

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and

To authorize the City Manager to pay the debt service of the Lebanon VFD g) FY2008-11 EPCON

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and

To authorize the City Manager to pay the debt service of the Parkwood VFD

h) FY2008-12 Tract 3 Outparcel at Brightleaf

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and

To authorize the City Manager to pay the debt service of the Bethesda VFD

i) FY2008-13 Duke School Expansion

To adopt "An Ordinance Annexing to the City of Durham" the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31

j) FY2008-14 Currin Oaks

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and

To authorize the City Manager to pay the debt service of the Redwood VFD

k) FY2008-15 Cruz Property

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and

To authorize the City Manager to pay the debt service of the Bethesda VFD

l) FY2008-16 Elementary School B

To adopt "An Ordinance Annexing to the City of Durham" the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31

m) FY2008-17 Biggerstaff & Crawley

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and

To authorize the City Manager to pay the debt service of the Bethesda VFD

All petitions above are to be effective from and after June 30, 2008. (Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #43 - 91 pages) (PR# 5030)

44. Public Hearing and Adoption of Bond Orders and Bond Resolution Authorizing $12,350,000 Two Thirds Bonds, Sale of General Obligation Bonds ($40,000,000 2005 Bond Referendum, $8,000,000 2007 Bond Referendum)

To conduct a public hearing and receive public comments on the Bond Orders;

To adopt the Orders Authorizing the Two-Thirds Bonds;

To adopt the Bond Resolution Providing for the Issuance of the Two-Thirds Bonds; and

In reference to the bonds from the 2005 and 2007 referenda, to adopt the Resolution to Proceed with the Issuance of the 2009 General Obligation Bonds.

(Resource Person: John Allore – 1330 ext. 262) (Attachment #44 - 35 pages) (PR# 5063)

45. Transportation Special Use Permit – Summit Church (T0800001)

To hold a quasi-judicial public hearing to consider a Transportation Special Use Permit for a development proposed to generate over 600 peak hour trips, and

To 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 #45 - 31 pages) (PR# 5056)

46. Major Site Plan – Summit Church (D0700435)

(This is not a Public Hearing)

To approve a major site plan for "Summit Church," submitted by Civil Consultants, Inc. on behalf of The Summit Church, for a 73,000 square foot place of worship with 750 parking spaces on a 35.84 acre site zoned IP, subject to approval of Transportation Special Use Permit T0800001.

[The site is located at 1951 T.W. Alexander Drive, on the north side of T.W. Alexander Drive between South Miami Boulevard and Page Road. PIN 0759-01-10-4140.]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #46 - 15 pages) (PR# 5055)

47. Major Special Use Permit – The Learning Experience Daycare (M0800001)

To hold a quasi-judicial public hearing to consider a Major Special Use Permit for proposed fill within the special flood hazard area, and

To 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 #47 - 51 pages) (PR# 5073)

48. Major Site Plan – The Learning Experience Daycare (D0700459)

(This is not a Public Hearing)

To approve a major site plan with a landscape variation for a 97 foot buffer section not located adjacent to the property line, and a flood plain development permit for fill and development in the flood plain for "The Learning Experience Daycare," submitted by Wrenn Engineering Company on behalf of JAB Developers, LLC, for a 12,500 square foot single-story daycare facility with 58 parking spaces on an 18.18 acre site, zoned Commercial Neighborhood (CN), Rural Residential (RR), and Falls/Jordon Protected Watershed Overlay (F/J-B).

[The site is located at 5020 NC Highway 55, north of Sedwick Road and south of NC Highway 54. PIN 0728-04-81-9254]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #48 - 27 pages) (PR# 5074)

49. Major Special Use Permit – 3400 Croasdaile Parking Lot (M0800002)

To hold a quasi-judicial public hearing to consider a Major Special Use Permit for a parking lot within the special flood hazard area, and

To 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 #49 - 56 pages) (PR# 5064)

50. Major Site Plan – New Office Facility for Sun River Builders (3400 Croasdaile) (D07-066)

(This is not a Public Hearing)

To approve a major site plan for "New Office Facility for Sun River Builders," (also known as 3400 Croasdaile Drive) submitted by Credle Engineering Company, Inc., on behalf of Sun River Builders, for a 12,800 square foot, one-story office building with 39 new motor vehicle parking spaces on a 1.17 acre site zoned OI, subject to approval of Major Special Use Permit M0800002 for parking in the floodway fringe.

[The property is located at 3400 Croasdaile Drive, on the north side of Croasdaile Drive, east of Cole Mill Road, north of Hillsborough Road and Interstate 85, and south of Medford Road. PIN 0812-01-48-2473.]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #50 - 10 pages) (PR# 5069)

52. Unified Development Ordinance (UDO) Text Amendment – Driveway Names (TC07-17)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Driveway Names (TC07-17); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 12, Infrastructure and Public Improvements, and Article 13, Additional Requirements for Subdivisions.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #52 - 8 pages) (PR# 5034)

53. Unified Development Ordinance (UDO) Text Amendment – Stormwater (TC07-21)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Stormwater (TC07-21); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 8, Environmental Protection, and Article 16, Definitions.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #53 - 8 pages) (PR# 5035)

54. Unified Development Ordinance (UDO) Text Amendment – Il/Compact Height (TC0800001)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – IL/Compact Height (TC0800001); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 6, District Intensity Standards.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #54 - 6 pages) (PR# 5036)

55. Zoning Map Change – Duke Lemur Center Initial (Z0800012A)

To conduct a public hearing and receive public comments on the initial zoning map change for Duke Lemur Center Initial (Z0800012A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish University College (UC) 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 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 and Vote: Denial, 9-4 on April 8, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is not reasonable and in the public interest and recommends denial based inadequate transportation infrastructure and insufficient information due to the lack of a development plan. In light of the information in the staff report and comments received during the public hearing, the Commission believes it is reasonable and in the public interest for the Council to adopt a direct translation of the existing zoning in the County.

[The site is located South of NC 751, west of US 15-501, north of Cornwallis Road, and east of Erwin Road PIN 0860-02-67-0888 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #55 - 16 pages) (PR# 5072)

56. Sierra Initial (Z07-14A)

To conduct a public hearing and receive public comments on the initial zoning map change for Sierra Initial (Z07-14A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish PDR 3.000, RR; F/J-B 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 east side of Doc Nichols Road, north of Leesville Road and east of Olive Branch Road. PIN's 0860-03-33-3314, -01-20-8767, 0767-01-27-6679, -28-5772]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #56 - 17 pages) (PR# 5065)

61. Public Hearing on Proposed FY 2008-2009 Budget and Proposed FY 2009-2014 Capital Improvement Plan

To receive public comments on the proposed Fiscal Year 2008-2009 budget, proposed Fiscal Year 2009-2014 capital improvement plan and related fee schedules.

(Resource Person: Bertha Johnson – 4111 ext. 285) (PR# 5181)

[Adjournment]

BOCC meeting Tuesday

     [Please contact the Clerk to the Board at (919) 560-0025 for information related to items on the agenda.]

---

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

 

Tuesday, May 27, 2008

 

County Commissioners' Chambers

200 East Main Street, Durham, North Carolina

AGENDA

 

"Public Charge"

 

The Board of Commissioners asks its members and citizens to conduct themselves in a respectful, courteous manner, both with the Board and fellow citizens.  At any time, should any member of the Board or any citizen fail to observe this public charge, the Chairman will ask the offending person to leave the meeting until that individual regains personal control.  Should decorum fail to be restored, the Chairman will recess the meeting until such time that a genuine commitment to the public charge is observed.

 

As a courtesy to others, please turn off cell phones during the meeting.

_________________________

 

7:00 P.M. Regular Session

 

1.     Opening of Regular Session—Pledge of Allegiance                                                                    5 min.

 

2.     Agenda Adjustments                                                                                                                   5 min.

 

3.     Announcements                                                                                                                           5 min.

 

4.     Minutes

                                                                                                                                                       5 min.

a.  April 28, 2008 Regular Session

b.  May 5, 2008 Worksession

c.  May 12, 2008 Regular Session

 

5.     Hunger Awareness Month Proclamation

                                                                                                                                                       5 min.

June is Hunger Awareness Month, providing an opportunity to educate the community about hunger throughout the world and in Durham County.  This spring we have seen headlines warning about food shortages in third world countries.  Even Wal-Mart announced they are rationing sales of rice in the U.S.  Hunger is serious news - even in Durham.

 

In the United States, hunger is, generally, less severe than in developing nations.  This is in part because established programs – like Food and Nutrition Services (Food Stamps) and the Women, Infant and Children's Program (WIC) – help to provide a safety net for many low-income families.

 

Despite the good work of those programs, too many Americans and Durhamites are hungry.  Hunger occurs when people are unable to obtain sufficient food for their household.  Some may find themselves skipping meals or cutting back on the quality or quantity of food they purchase.  This recurring and involuntary lack of access to food can lead to malnutrition.  Hungry children struggle in school.  Hunger in elderly adults can lead to serious health care problems.

 

More than 23,000 people in Durham have food on their tables thanks to the Food and Nutrition Services program, yet the State estimates that only 60.74% of those potentially eligible for the program are enrolled.  Many more receive meals and non-perishable food from local non-profit organizations. 

 

To raise awareness about hunger in our community, the Food and Nutrition Services staff at DSS will distribute food bags on June 11 to 100 clients.  Staff is also conducting outreach to help more families get connected to the Food and Nutrition Services program.

 

Resource Person(s): Sammy Haithcock, DSS Director; Pinkie Davis-Boyd, Program Manager, Food and Nutrition Services

 

County Manager's Recommendation: The Manager recommends approval of the proclamation to declare Hunger Awareness Month in Durham County and to raise community awareness of the need for good nutrition to support the health and well being of everyone in our community.

 

6.     FY2008-2009 Recommended Budget

                                                                                                                                                     45 min.

Durham County Manager Michael M. Ruffin will formally present the recommended budget for FY2008-2009 to the Board of County Commissioners.  This is in accordance with N.C.G.S. § 159-12(Board), the Local Government Fiscal Control Act.

 

Resource Person(s): County Manager Michael M. Ruffin

 

County Manager's Recommendation:  The Manager recommends that the Board receive the presentation.

 

7.     Consent Agenda                                                                                                                        20 min.

 

a.   Approve the Recommended JCPC/DJJDP Program Funding for FY 2008-2009, which is contingent on approval of state funding in the amount of $547,019;

b.   Property Tax Releases and Refunds for Fiscal Year 2007-2008 (accept the property tax release and refund report for April 2007 as presented and authorize the Tax Assessor to adjust the tax records as outlined by the report);

c.   Construction Contracts for Morehead and Mangum Elementary Schools (award construction contracts with Bordeaux Construction Co. Inc. for the Mangum Elementary School project for $3,629,600 with 15% for contingencies for a total project amount of $4,174,040.00, and the Morehead Elementary school project for $3,771,991.00 with 15% for contingencies for a total project amount of $4,337,789; authorize the County Manager to execute the construction contracts; and authorize DPS to approve change orders which are within the scope of work and do not exceed the respective total project amounts);

d.   Replacement Vehicles and Equipment Loan (authorize the County Manager to execute the required documents with SunTrust Bank in order to close the loan for the equipment and vehicles authorized in the FY 2008 budget; the loan will be in an amount not to exceed $1.7 million for 48 months at an interest rate of 2.675%); and

e.   Raleigh-Durham Airport Authority Grant Offer (accept the $3,483,220 grant offer from the Federal Aviation Administration).

 

8.         Public Hearing—Zoning Map Change—Angier Haven (Z05-45)

                                                                                                                                                     20 min.

The Board is requested to approve a zoning map change for a 33.5-acre site located on the east side of Angier Avenue, west of Ruritan Road and south of Glover Road with the effective date of the amendment delayed until the ordinance is approved by both Governing Bodies.  Request: RS-20 and CG; F/J-B (partial) to RS-M(D); F/J-B (partial)

 

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 agenda materials; or

 

Alternatively, in the event that a motion to approve the item fails, the Commissioners adopt as support for their actions 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 agenda materials.

 

Staff Recommendation: Staff recommends approval, based on consistency with the Comprehensive Plan and considering the information contained in this report.

 

Planning Commission Recommendation and Vote: Approval, 8-3 on March 11, 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, comments received during the public hearing and additional committed elements proffered by the applicant at the meeting.

 

Resource Person(s): Steven L. Medlin, AICP, City-County Planning Director, and Gail Sherron, Senior Planner

 

County Manager's Recommendation: The Manager recommends that the Board conduct a public hearing on the proposed zoning map change and approve it, if appropriate, based on the comments received.

 

9.     Approval of Lease Extension for Scarborough and Hargett Funeral Home Inc.

                                                                                                                                                     20 min.

Scarborough and Hargett Funeral Home has requested an extension of its lease with the County through December 31, 2008.  The lease expires on June 30, 2008.  All terms and conditions as presently expressed would remain in force and effect including the monthly payment of $9,250.  County staff has ascertained that the extension will not create any additional delays or cost to the Justice Center project.

 

Resource Person(s): Wendell Davis, Deputy County Manager; Glen Whisler, County Engineer; and Chuck Kitchen, County Attorney

 

County Manager's Recommendation: The Manager recommends that the request be approved subject to compliance with all terms and conditions of the present lease and lease amendment.

 

10.   Board and Commission Appointments

                                                                                                                                                       5 min.

Vonda Sessoms, Clerk to the Board, will distribute ballots to the Board to make appointments to the following boards and commissions:

 

·      Adult Care Home Community Advisory Committee

·      Durham City-County Appearance Commission

·      Durham Planning Commission

·      Memorial Stadium Authority

·      Women's Commission

 

Resource Person(s): Vonda Sessoms

 

County Manager's Recommendation: The Manager recommends that the Board of County Commissioners vote to appoint members to the above-mentioned boards/commissions.

 

                                                                                                                                                            _____

                                                                                                                                                             2¼ hrs.

City Council meeting Monday

This is the agenda, from the City Council page at www.durhamnc.gov.

 

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. Voluntary Annexation Petitions Received By January 1, 2008

To adopt the resolutions scheduling public hearings for Monday, June 2, 2008 to hear citizen comments concerning voluntary petitions for the following properties to be annexed with a recommended effective dates as indicated below:

a) FY2005-14 Brightleaf Commons
b) FY2007-05 Ravenstone Phase 3
c) FY2007-13 Doc Nichols
d) FY2008-02 Davis Park Retail
e) FY2008-07 Freeman Road/Roberts Property
f) FY2008-08 Bivins Creek
g) FY2008-11 EPCON
h) FY2008-12 Tract 3 Outparcel at Brightleaf
i) FY2008-13 Duke School Expansion
j) FY2008-14 Currin Oaks
k) FY2008-15 Cruz Property
l) FY2008-16 Elementary School B
m) FY2008-17 Biggerstaff & Crawley

All petitions above to be effective from and after June 30, 2008.

(Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #1 - 108 pages) (PR# 5029)

2. Capital Program Advisory Committee - Appointments

To appoint Deon Forde, (PAC 3) and J. Houston Barnes (Financial Management) and to reappoint Charles D. Watts, Jr. (PAC 5) and Harold L. Chestnut (PAC 4) to the Capital Program Advisory Committee with terms to expire on March 31, 2010.

Note: At the Work Session on May 8, 2008, Mr. Watts, Mr. Chestnut, Mr. Forde and Mr. Barnes all received six (6) votes.

(Due to the terms expiring of Keith D. Burns, Harold L. Chestnut and Charles D. Watts, Jr. and the resignation of Ronald T. Johnston)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 10 pages) (PR# 4980)

3. Durham Planning Commission - Appointments

To appoint Harry C. Monds (District 2) and to reappoint Benjamin Greene to the Durham Planning Commission with the terms to expire on June 30, 2011.

Note: At the Work Session on May 8, 2008, both Mr. Monds and Mr. Greene received five (5)

(Due to the terms expiring of Jon Kuczynski and Benjamin Greene)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 8 pages) (PR# 4981)

4. Citizens Advisory Committee - Appointment

To appoint Gil Bernie Stewart to the Citizens Advisory Committee with the term to expire on June 30, 2010.

Note: At the Work Session on May 8, 2008, Mr. Stewart received six (6) votes.

(Due to the expired term of Lanya Shapiro)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 3 pages) (PR# 4982)

5. Human Relations Commission - Appointments

To appoint Suzann E. Riddle to represent Non-Minority Female (term expires on June 30, 2011) and Alba Onofrio to represent Other Racial Minority Group Member Female (term expires on June 30, 2009) to the Human Relations Commission

Note: At the Work Session on May 8, 2008, Ms. Riddle and Ms. Onofrio both received six (6) votes.

(Due to the resignation of Kristen Dubay and a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 – 6 pages) (PR# 4983)

6. Durham Historic Preservation Commission - Appointment

To appoint Jennifer Mitchell to the Durham Historic Preservation Commission representing Historian with the term to expire on September 1, 2010.

Note: At the Work Session on May 8, 2008, Ms. Mitchell received six (6) votes.

(Due to the resignation of Beth Mulvaney)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 3 pages) (PR# 4984)

7. Cable TV Advisory Board - Appointment

To appoint Angie Elkins to the Cable TV Advisory Board with the term to expire on October 31, 2008. Note: At the Work Session on May 8, 2008, Ms. Elkins received six (6) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 3 pages) (PR# 4985)

8. Durham Housing Authority Board of Commissioners - Receipt and Acceptance of Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Durham Housing Authority Board of Commissioners with the term to expire on September 28, 2011.

(Due to the resignation of Rochelle Newton Brown)

(Resource Person: Laverne V. Brooks – 4166) (Attachment #8 - 12 pages) (PR# 5026)

9. Bid Report – March 2008

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #9 - 6 pages) (PR# 4943)

10. Setting Public Hearing to Consider Ordering Petitioned Improvement

To accept a Certificate of Sufficiency from the Director of Public Works for the following petition; and

To adopt a resolution setting a public hearing for June 2, 2008, to consider ordering the following improvement:

Curb, Gutter and Paving, Water and Sewer Laterals on Ardmore Drive from Cook Road to the West Property Line of PIN 0820-18-41-3473

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #10 - 2 pages) (PR# 5004)

11. Setting Public Hearings for the Confirmation of Assessment Rolls

To adopt a resolution setting a public hearing for June 2, 2008, for confirmation of each of the following assessment rolls:

Curb, Gutter and Paving on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street;

Water and Sewer Laterals on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street;

Water Main on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street;

Curb, Gutter and Paving on Chalk Level Road from Shaftsbury Street to Stadium Drive;

Water and Sewer Laterals on Chalk Level Road from Shaftsbury Street to Stadium Drive;

Water Main on Chalk Level Road from Shaftsbury Street to Stadium Drive;

Curb, Gutter and Paving on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23;

Water and Sewer Laterals on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23; and

Water Main on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #11 - 4 pages) (PR# 5005)

12. Retirement Health Savings (RHS) Plan

To approve the Affirmative Statement for Adoption of the Vantagecare Retirement Health Savings (RHS) Plan;

To approve the RHS Plan Adoption Agreement;

To approve the Administrative Services Agreement with ICMA-RC; and

To authorize the City Manager or his designee to execute all appropriate documents and take the necessary administrative actions to establish a retiree welfare benefits plan in the form of a Retirement Health Savings Plan with ICMA Retirement Corporation.

(Resource Person: Keith Herrmann – 4455 ext. 222) (Attachment #12 - 19 pages) (PR# 5017)

13. Sam's Club Foundation Grant Award

To authorize the City Manager to accept the Sam's Club Foundation Grant by executing the grant documents; and

To adopt the Sam's Club Foundation Grant Project Ordinance in the amount of $1,000.00.

(Resource Person: Bruce T. Pagan, Jr. – 4242 ext. 222) (Attachment #13 - 3 pages) (PR# 5018)

14. Lease and License Agreement with Cellco Partnership D/B/A Verizon Wireless

To authorize the City Manager to execute the Lease and License Agreement with Cellco Partnership d/b/a Verizon Wireless to attach Cellular Antenna to Ellis Road Water Tank, 801 Ellis Road, Parcel ID #S 156775 and 156779; and

To authorize the City Manager to make changes to the agreement provided such changes do not materially affect the intent and purpose of the agreement.

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #14 - 19 pages) (PR# 5014)

15. Old Lyon Park Center Renovation

To authorize the City Manager to negotiate and execute an Amendment No. 2 with Skanska USA Building Inc. for construction of the Old Lyon Park Recreation Center Renovation project if the Guaranteed Maximum Price (GMP) does not exceed $766,885.00;

To establish a project contingency equal to the difference between $833,885.00 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 Old Lyon Park Recreation Center Renovation project, provided the total project cost does not exceed the amount budgeted for construction phase services plus the project contingency.

(Resource Person: John Paces-Wiles – 4197 ext. 252) (Attachment #15 - 8 pages) (PR# 5028)

16. Amendment to Contract for Design, Development, Construction Documentation and Construction Observation for Extending North South Greenway Trail for Warren Creek and Third Fork Creek; CMAR Contract Amendment for Construction Services for Third Fork Creek

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal year 2007-2008, the same being Ordinance # 13428 for the purpose of increasing the total appropriation for the design and construction of the Third Fork Creek Trail by $159,200.00;

To adopt a Resolution Exempting the Third Fork Creek Trail Project from G.S. 143-64.31;

To authorize the City Manager to execute a contract amendment to the Contract for Design Development, Construction Documentation and Construction Observation for extending North South Greenway Trail for Warren Creek and Third Fork Creek with Coulter Jewell Thames, PA in an amount not to exceed $183,037.00 so that the total dollar amount will not exceed $495,037.00;

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;

To establish a project contingency in the amount of $18,304.00;

To authorize the City Manager to negotiate and execute change orders on the Contract for Design Development, Construction Documentation and Construction Observation for extending North South Greenway Trail for Warren Creek and Third Fork Creek with Coulter Jewell Thames, PA, provided the total project cost does not exceed the amount budgeted for design phase services plus the project contingency;

To authorize the City Manager to negotiate and 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 $1,848,083.00;

To establish a project contingency equal to the difference between $1,848,083.00 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 Third Fork Creek Project provided the total project cost does not exceed the amount budgeted for construction phase services.

(Resource Person: Lamarco M. Morrison – 4197) (Attachment #16 - 22 pages) (PR# 5031)

17. Raleigh-Durham Airport Authority-Federal Aviation Administration Grant Offer

To accept the Federal Aviation Administration Grant Offer in an amount of $3,483,220.00 for Runway 5R-23L Pavement Rehabilitation and Airfield Lighting Improvements, FAA AIP Grant Number 3-37-0056-34-2008;

To authorize the City Manager to execute the Grant Agreement; and

To authorize the City Attorney to give assurances with respect thereto.

(Resource Person: Ronald J. Jewell – 919-840-7736) (Attachment #17 – 8 pages) (PR# 5059)

18. Planning Commission Annual Report for 2007

To receive the Planning Commission Annual Report and to give future consideration to the issues of concern.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #18 - 6 pages) (PR# 5006)

19. Use of Federal Asset Forfeiture Funds in an Amount Not To Exceed $60,000 for the Purchase of Computer Software to be Used in the Crime Analysis Unit

To authorize the use of Federal Asset Forfeiture Funds in an amount not to exceed $60,000.00 for the purchase of computer software to be used in the Crime Analysis Unit.

(Resource Person: Jason Schiess - 4258) (Attachment #19 - 3 pages) (PR# 5019)

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

21 – 28. These items can be found on the General Business Agenda – Public Hearings.

29. Installment Financing Series 2008

To set a public hearing for June 2, 2008 concerning the approval of the execution and delivery by the City of an Installment Contract and Deed of Trust in a principal amount not to exceed $26,000,000.00; and

To adopt a Resolution Approving the Financing Contract and Other Related Matters.

(Resource Person: John Allore – 1330 ext. 262) (Attachment #29 - 11 pages) (PR# 5020)

30 – 34. These items can be found on the General Business Agenda – Public Hearings.

38. Development Review Process Improvement Schedule for 2008

To review and provide comments on the proposed schedule for additional time reductions in the development review process; and

To consider the first round of specific recommendations for reducing development review processing time.

(Resource Person: Theodore Voorhees – 4222 ext. 231) (Attachment #38 – 14 pages) (PR# 5107)

[General Business Agenda]

20. Proposed Fiscal Year 2008-2009 Budget and Fiscal Year 2009-2014 Capital Improvement Plan

To receive a presentation on the proposed Fiscal Year 2008-2009 Budget and Fiscal Year 2009-2014 Capital Improvement Plan.

(Resource Person: Bertha T. Johnson – 4111 ext. 285) (PR# 5013)

[General Business Agenda – Public Hearings]

Assessments and Improvements

21. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Castlerock Drive from NC Hwy 55 to end of cul-de-sac.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #21 - 2 pages) (PR# 4995)

22. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #22 - 2 pages) (PR# 4996)

23. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #23 - 2 pages) (PR# 4998)

24. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Sewer Main on Dial Drive from S. Alston Avenue East to East Property Line of Tax Map 555-11-16.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #24 - 2 pages) (PR# 5000)

25. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #25 - 2 pages) (PR# 5001)

26. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #26 - 2 pages) (PR# 5002)

27. Confirmation of Assessment Roll

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming the assessment roll for Water Main on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #27 - 2 pages) (PR# 5003)

28. Approval of Greenfire Real Estate Holdings, LLC "Rogers Alley" Sub-Portion of Development Agreement

To conduct a public hearing and receive public comments on an economic development incentive contract per G.S. § 158-7.1;

To authorize the City Manager to execute an "Economic Development Incentive Contract for Capital Investments for 'Rogers Alley' in Downtown Durham" between Greenfire Real Estate Holdings, LLC and the City of Durham for the Rogers Alley Subproject portion of the Greenfire Improvements Project; and

To authorize the City Manager to make changes to the contract as may be needed so long as they do not lessen the obligations of Greenfire Real Estate Holdings, LLC or increase the amount to be paid by the City.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #28 - 32 pages) (PR# 5033)

30. Authorization of Two-Thirds Bonds

To conduct a public hearing and receive public comments on the Two-Thirds Bonds;

To adopt the Orders Authorizing Not Exceeding $4,335,000.00 Street and Sidewalk Improvement Bonds, $2,445,000.00 Culture and Recreation Bonds and $5,570,000.00 Public Safety Facility Bonds of the City of Durham, North Carolina; and

To adopt a Resolution Providing for the Issuance of the Two-Thirds Bonds.

(Resource Person: John Allore – 1330 ext. 262) (Attachment #30 - 29 pages) (PR# 5024)

31. Street Closing - A Variable Width Alley at Onslow Street Between Berkeley Street and Lancaster Street (SC07-13)

To conduct a public hearing to permanently close a 341 linear foot variable width unnamed alley at Onslow Street between Berkeley Street and Lancaster Street; and

To adopt an Order permanently closing a 341 linear foot variable width unnamed alley at Onslow Street between Berkeley Street and Lancaster Street as identified.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #31 - 10 pages) (PR# 4999)

32. Street Closing - A 507.50 Linear Foot Portion of Onslow Street between West Club Boulevard and an Unnamed Variable Width Alley (SC07-14)

To conduct a public hearing for the permanent closing of a 507.50 linear foot portion of Onslow Street between West Club Boulevard and an unnamed variable width alley; and

To adopt an Order permanently closing a 507.50 linear foot portion of Onslow Street between West Club Boulevard and an unnamed variable width alley as identified.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #32 - 10 pages) (PR# 4997)

33. Street Closing – A 514 Foot Linear Unnamed 20 Foot Wide Alley between West Club Boulevard, on the South and a Variable Width Unnamed Alley, on the North (SC07-15)

To conduct a public hearing on the permanent closing of a 514 linear foot 20 foot alley between West Club Boulevard and a variable width alley; and

To adopt an Order permanently closing a 514 linear foot 20 foot alley between West Club Boulevard and a variable width alley as identified.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #33 - 10 pages) (PR# 4993)

34. Zoning Map Change – Fairfield at Hillandale (Z07-39)

To conduct a public hearing and receive public comments on the zoning map change for Fairfield at Hillandale (Z07-39);

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 Z07-39out of RS-M, RU-5 and CG and placing same in and establishing same as RU-M(D) and 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 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: Denial, 10-1 on February 12, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted 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 inconsistency with neighboring land uses, problems with traffic congestion, concerns regarding impacts on the environment and opposition from the community.

[The site is located at 2800, 2951 Bertland Avenue, and 2619 Omah Street, south side of Bertland Avenue, west of Omah Street, north of I-85 and east of Hillandale Road. PIN's: 0813-20-90-6113; 0823-17-00-0360, -3106)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #34 - 34 pages) (PR# 5021)

[Adjournment]

Attacking China does not promote human rights

From anecdotal evidence and what I have read about how their economy was set up after 1949, it looks to me like China is a capitalist country, and the Communist Party of China seems revisionist and capitalist.  That said, China seems to be especially under attack now, which benefits US interests, under the cover of human rights. 

 

Tibet might have a right to self-determination, and a real communist cannot deny that all nations have the equal right to determine their own futures, but the Western "Free Tibet" types are glorifying the feudal Dalai Lama, who is apparently not even for independence, unlike the Tibetan protesters in Tibet.  The independence of Tibet would weaken China and strengthen the US, which would probably be the new imperialist over Tibet.  I think the Kosovar Albanians had a right to secede from Serbia, but at the same time the way they did it has put supposedly free Kosova under the control of US and European imperialism and strengthened those powers, while weakening Serbia and imperialist Russia.

 

Now in the past few weeks we have been barraged with attacks on the military dictatorship in Myanmar, a Chinese ally.  In this case, the USA's junior partner, the UK, has been a leader.  On the BBC they call Myanmar Burma and are focused on it, while NPR usually calls the country Myanmar.  The often progressive radio and TV program Democracy Now (on 90.7 FM here, at 6:30pm on weekdays, after Free Speech Radio News) also uses the name Burma.  There are calls for forcing Myanmar to accept aid, and I cannot believe that otherwise progressive people are calling for invasions of Myanmar and Sudan (another client of China, and it was reported in the N&O on Tuesday that at least one Darfurian guerilla group has ties to al Qaida, which is rarely mentioned by the dominant US media).  These same people are against the occupation of Iraq, which former British Prime Minister Tony Blair justified on humanitarian grounds.  The US is throwing stones from a glass house, given its response to Hurriance Katrina and what would we have done if Cuba used force to deliver the aid it offered in that disaster?  If I remember correctly, while little was being done here, the Bush Administration refused to accept aid from Cuba and even from friendlier countries. 

 

Below the fold in the Herald-Sun's Metro section on Monday they reported on the Human Rights Torch Relay on Foster Street.  At least the writer said "reportedly" the "Communist regime" is (insert your anti-communist abuse here) "oppressive, abusive and soul-shattering."  They want a "liberalized China," which to me means a liberal economic China that is lead by people who admit that they are capitalists, not a China that defends human rights.  It is odd to me what a Chinese expatriate who was imprisoned there between 2003 and 2006 on the charges of wanting to sabotage "broadcasting equipment" and says he went "to expose the persecution" of Falun Gong" said.  Supposedly "The Chinese Communist government is the most brutal regime in history.  It's even worse than Nazi Germany.  It shows no respect for life at all."  In prison he says he had to go to "brainwashing sessions every day and do slave labor" and had no privacy, but I think the Nazis would do worse than that.  Revisionists in power often act like fascists though.  That account is at the end of the article.  I hope most readers saw that as exaggeration.  I'm more used to Stalin and the USSR being called worst, though Mao's China often comes in for lumps too, especially now. Maybe this comes from the vilification of "communism" (but what does that have to do with China?) by Falung Gong type groups here, such as The Epoch Times.  Earlier a person with a European name says China has had "waves and waves of violence since 1949," which is true but does not mean the CPC is at fault.  We have had waves of internal violence too, as classes fought each other, especially before WWII.       

 

Human rights are important, but imperialist countries focus on violations by their opponents, while trying to hide or even encourage the violations by their allies.  China might be aiding the government of Sudan, but Bush and Congress encouraged Israel in its war of aggression against Lebanon in 2006.  China has its violations and oppressive clients, but we are no better, and at least China has not recently invaded countries, besides supporting the occupation of Haiti and allowing the US, UK, and France to have their way too often in the UN Security Council.  The internal affairs of China are up to the Chinese people, and I don't see anything "worse than Nazi Germany" from over here.  If the Chinese people want more respect for human rights in China, they should rise up and reclaim the CPC from the capitalists, or overthrow it, without going the way of Yeltsin.        

Happy Mother's Day!

This holiday has been commercialized, but the US holiday started as a day to work for peace.  It was started by Julia Ward Howe in 1870 as the Mother's Day for Peace, and was related to the bloodshed of the Civil War and the Franco-Prussian War (followed by the establishment of the Paris Commune, which was bloodily put down by the bourgeois French government, with the consent of the victorious German army).  Howe's Mother's Day Proclamation, from Wikipedia, is below.  In 1914, a few years before the US entered WWI, President Woodrow Wilson made Mother's Day a national holiday honoring the mothers of lost soldiers.  A few years later one of the original proponents of Mother's Day came out against it over commercialism.  Several American holidays were started with progressive sentiments, or are still progressive, just forgotten in their country of origin, like International Workers' Day (May Day) and International Women's Day, which is every March 8th.         

The Mother's Day Proclamation

Arise, then, women of this day!
Arise, all women who have hearts,
Whether our baptism be of water or of tears!

Say firmly:
"We will not have great questions decided by irrelevant agencies,
Our husbands will not come to us, reeking with carnage, for caresses and applause.
Our sons shall not be taken from us to unlearn
All that we have been able to teach them of charity, mercy and patience.
We, the women of one country, will be too tender of those of another country
To allow our sons to be trained to injure theirs."

From the bosom of the devastated Earth a voice goes up with our own.
It says: "Disarm! Disarm! The sword of murder is not the balance of justice."
Blood does not wipe out dishonor, nor violence indicate possession.
As men have often forsaken the plough and the anvil at the summons of war,
Let women now leave all that may be left of home for a great and earnest day of counsel.

Let them meet first, as women, to bewail and commemorate the dead.
Let them solemnly take counsel with each other as to the means
Whereby the great human family can live in peace,
Each bearing after his own time the sacred impress, not of Caesar,
But of God.

In the name of womanhood and humanity, I earnestly ask
That a general congress of women without limit of nationality
May be appointed and held at someplace deemed most convenient
And at the earliest period consistent with its objects,
To promote the alliance of the different nationalities,
The amicable settlement of international questions,
The great and general interests of peace.