City Council Agenda
Monday, August 18, 2008
Council Chambers, First Floor

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. Workforce Development Board - Receipt and Acceptance of an Application and Appointment

To receive and accept an application and to appoint Michael Johnston Goodmon to the Workforce Development Board to represent Private Sector as recommended by the Durham Chamber of Commerce with the term to expire on June 30, 2010.
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #1 - 3 pages) (PR# 5265)

2. Passenger Vehicle for Hire Commission - Reappointment

To reappoint Hatim M. Elzubair to the Passenger Vehicle for Hire Commission with the term to expire on January 1, 2010.

Note: At the Work Session On August 7, 2008, Mr. Elzubair Received Seven (7) Votes.

(Due to the term expiring of Hatim M. Elzubair)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 4 pages) (PR# 5331)

3. Recreation Advisory Commission - Reappointments

To reappoint Don Moushon, Umar Muhammad and Linwood Webster to the Recreation Advisory Commission with terms to expire on August 8, 2011.

Note: At the Work Session on August 7, 2008, Mr. Moushon received six (6) votes and Mr. Muhammad and Mr. Webster received seven (7) votes.

(Due to the terms expiring of Dan Moushon, Umar Muhammad and Linwood Webster)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 10 pages) (PR# 5332)

4. Citizens Advisory Committee - Appointments

To appoint Robert Buchanan (term expires June 30, 2011), Clarisa Laverne Grady (term expires June 30, 2010) and SaDonna Wiggins (term expires June 30, 2010) to the Citizens Advisory Committee.

Note: At the Work Session on August 7, 2008, Mr. Buchanan, Ms. Grady and Ms. Wiggins received seven (7) votes.

(Due to vacancies)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 11 pages) (PR# 5334)

5. Durham Area Transit Authority - Appointment

To appoint Arylla "Patrice" Proctor to the Durham Area Transit Authority as an Alternate Member with the term to expire on March 1, 2009.

Note: At the Work Session on August 7, 2008, Ms. Proctor received six (6) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 5 pages) (PR# 5335)

6. Mayor's Nominee for Appointment - Recreation Advisory Commission

To appoint Omar S. Beasley as Mayor's appointee to the Recreation Advisory Commission with the term to expire on August 8, 2009.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 2 pages) (PR# 5336)

7. Durham Civic Center Authority - Appointment

To appoint Rosemarie Kitchin to the Durham Civic Center with the term to expire on July 31, 2011.

Note: At the Work Session on August 7, 2008, Ms. Kitchin received seven (7) votes.

(Due to the term expiring of George Stanziale, Jr.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 3 pages) (PR# 5337)

8. 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 the term to expire on June 30, 2011.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 3 pages) (PR# 5340)

9. Street Closing - A 105.10 Linear Foot Unnamed Alley off East Club Boulevard (SC0800011)

To adopt a Resolution to set a public hearing on the proposed closing of a 105.10 linear foot unnamed alley off East Club Boulevard for September 15, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #9 - 5 pages) (PR# 5278)

10. Street Closing - A 0.111 Acre Portion Of Watkins Road (SC07-05)

To adopt a Resolution to set a public hearing on the proposed closing of a 0.111 acre portion of Watkins Road for September 15, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #10 – 7 pages) (PR# 5326)

11. Setting Public Hearing to Consider Ordering Improvement Under Enabling Act Authority

To adopt a Resolution setting a public hearing for September 2, 2008, for a Water Main on Ed Cook Road from Hickory Nut Drive to South Property Line of PIN 0739-02-79-0975.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #11 - 3 pages) (PR# 5283)

12. Setting Public Hearing to Consider Ordering Petitioned Improvement

To accept a Certificate of Sufficiency from the Manager of Engineering and Stormwater for the following petition; and

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

Water Main on Stallings Road from Mineral Springs Road to South Property Line of PIN 0851-02-98-0871

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #12 - 2 pages) (PR# 5284)

13. Mortgage Loan Servicing Contract

To authorize the expenditure of Bond funds in an amount not to exceed $320,000.00 to AmeriNational Community Services, Inc. for loan servicing;

To approve the review committee's recommendation to select AmeriNational Community Services, Inc. as the DCD's servicing agent;

To authorize the City Manager to execute a Service Agreement with AmeriNational Community Services, Inc. for mortgage loan servicing; and

To authorize the City Manager to make changes to the contract that do not increase the contract amount, lessen the contractor's duties, or extend the term beyond October 31, 2011; and

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2009, as amended, the same being Ordinance 13632 for the purpose of a service agreement and no change in the total appropriations and revenues.

(Resource Person: Julie Quinn – 4570 ext. 248) (Attachment #13 – 32 pages) (PR# 5315)

14. State Treasurer's Local Government Other Post Employment Benefits (OPEB) Fund

To adopt a Resolution Authorizing the Establishment of an Investment Account and Short Term Investment Fund (STIF) through the State Treasurer and the execution of the State Treasurer's Contribution Agreement.

(Resource Person: John J. Allore – 1330) (Attachment #14 - 9 pages) (PR# 5311)

15. Contract for Installation of Traffic Signal with Mast Arms at Broad Street at Stadium Drive

To authorize the City Manager to execute a contract with Fulcher Electric of Fayetteville, Inc. in the amount of $106,283.50 for the installation of a traffic signal with mast arms at Broad Street at Stadium Drive;

To establish a project contingency fund in the amount of $10,628.35; and

To authorize the City Manager to negotiate change orders to the project provided the cost of all change orders does not exceed $10,628.35 and the total project cost does not exceed $116,911.85.

(Resource Person: Pete Nicholas – 4366) (Attachment #15 - 3 pages) (PR# 5310)

16. Supplemental Agreement No. 3 for the Removal and Replacement of the Existing Pedestrian Bridge Crossing over the Durham Freeway (NC 147) at Alston Avenue Project U

To authorize the City Manager to execute a Supplemental Agreement No. 3 between the North Carolina Department of Transportation (NCDOT) and the City of Durham to amend North Carolina Department of Transportation Agreement U-4445 providing a 20% match or $200,000.00 for the Direct Attributable funds authorized.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #16 - 7 pages) (PR# 5312)

17. Water and Sewer Extension Agreement with Perimeter Developers, LLC

To authorize the City Manager to enter into a water and sewer extension agreement with Perimeter Developers, LLC to serve Claremont acres; and

To authorize the City Manager to modify the contract prior to execution provided that such modifications do not increase the dollar amount of the contract and do not significantly decrease the obligations of the contractor.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #17 - 10 pages) (PR# 5319)

19. Professional Services Agreement for the Design and Construction Administration of the American Tobacco Trail Phase E

To authorize the City Manager to execute a Supplemental On-Call Agreement with PB Americas, Incorporated in an amount not to exceed $1,650,000.00 for the Design and Construction Administration of the American Tobacco Trail Phase E; and

To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the agreement.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #19 – 2 pages) (PR# 5351)

20. Contract SR-49 Cured-In-Place (CIPP) Installation and Manhole Rehabilitation

To authorize the City Manager to execute a contract with Insituform Technologies, Inc. for construction services for the SR-49, CIPP Installation and Manhole Rehabilitation Project in the amount not to exceed 2,685,400.00;

To establish a contingency fund for the contract in the amount not to exceed $537,080.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed 537,080.00, and the total project cost of $3,222,480.00; and

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

(Resource Person: James E. Harding – 4326 ext. 260) (Attachment #20 - 3 pages) (PR# 5318)

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

[General Business Agenda – Public Hearings]

Assessments and Improvements

23. Mini Assessment Roll for Curb, Gutter and Paving on Castlerock Drive from NC Hwy 55 to End of Cul-De-Sac

To find that the property of Shelton C. and Shirley T. Herbin, Jr., identified as 112 Castlerock Drivie, PIN 0739-01-37-8400, has benefited from the curb, gutter and paving improvement and to confirm the assessment in the original amount of $2,000.00.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #23 - 1 page) (PR# 5288)

24. Continued Public Hearing for Annexation of the Doc Nichols Property

To conduct a public hearing and receive citizens' comments concerning the annexation of the following Voluntary Annexation Area:

a) 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 Volunteer Fire Department.

The above petition would be effective from and after September 30, 2008.

(Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #24 - 10 pages) (PR# 5338)

25. Public Hearing on the Proposed Minimum Nonresidential Building Code and Recent Modification of Minimum Housing Code

To conduct a public hearing and receive public comments on the proposed Minimum Nonresidential Building Code and the recent amendments to the Minimum Housing Code;

To adopt the New Minimum Nonresidential Building Code; and

To readopt the Amendments to the Minimum Housing Code.

(Resource Person: C. Renee Caldwell – 4570) (Attachment #25 - 30 pages) (PR# 5343)

26. Transportation Special Use Permit – Kestrel Heights Charter School (T07-01)

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 #26 - 40 pages) (PR# 5279)

27. Initial Zoning Map Change – Ravenstone Phase 3 Initial (Z06-62A)

To conduct a public hearing and receive public comments on the initial zoning map change for Ravenstone Phase 3 Initial (Z06-62A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Suburban – 10 with a development plan (RS-10(D)); Falls/Jordan B Watershed Overlay (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 west side of English Ivy Drive and east of Hiddenbrook Drive PINs 0860-01-15-1405, -16-2188]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #27 - 12 pages) (PR# 5292)

28. Initial Zoning Map Change – Duke School Initial (Z0800017A)

To conduct a public hearing and receive public comments on the initial zoning map change for Duke School Initial (Z0800017A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Rural (RR) zoning for the property described in the attached staff report; and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan and is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.

[The site is located on the north side of Erwin Road and west of NC 751 Drive PIN 0801-01-99-5059]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #28 - 9 pages) (PR# 5294)

29. Initial Zoning Map Change – Currin Oaks Initial (Z0800018A)

To conduct a public hearing and receive public comments on the initial zoning map change for Currin Oaks Initial (Z0800018A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Rural (RR)and Planned Development Residential 1.630 (PDR 1.630); Falls/Jordan B Watershed Overlay (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 Stallings Road and north of Oak Grove Parkway PINs 0861-03-02-4736, -5630, -5571, -6412, -6362, -7190, -7211, -03-3063]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #29 - 9 pages) (PR# 5295)

30. Initial Zoning Map Change – Biggerstaff & Crawley Initial (Z0800023A)

To conduct a public hearing and receive public comments on the initial zoning map change for Biggerstaff & Crawley Initial (Z0800023A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Commercial General (CG) and Residential Suburban – 20 (RS-20); Falls/Jordan B Watershed Overlay (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, even though the action is not consistent with the Comprehensive Plan, it 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 west side of South Miami Boulevard and east of Angier Avenue PINs 0840-04-62-8419, -8339]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #30 - 10 pages) (PR# 5298)

31. Zoning Map Change – Cruz Property Initial (Z0800019A)

To conduct a public hearing and receive public comments on the initial zoning map change for Cruz Property Initial (Z0800019A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Suburban – 20 (RS-20); Falls/Jordan B Watershed Overlay (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, although the action is not consistent with the Comprehensive Plan, it is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.

[The site is located on the north side of Pleasant Drive and west of South Mineral Springs Road PIN 0840-02-87-5733]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #31 - 9 pages) (PR# 5296)

32. Zoning Map Change – LMHT Building Expansion (Z0800008)

To conduct a public hearing and receive public comments on the zoning map change for LMHT Building Expansion (Z0800008);

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 Z0800008 out of RS-10 and IL; F/J-B (partial) and placing same in and establishing same as OI(D); F/J-B (partial); and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan, and is reasonable and in the public interest in light of information presented in the public hearing and in the accompanying agenda materials; or

Alternatively, in the event that a motion to approve the item fails, the Council adopts as support for its action on the proposed zoning map change the determination that, notwithstanding its consistency with the Comprehensive Plan, the request is neither reasonable nor in the public interest in light of information presented in the public hearing and in the accompanying agenda materials.

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

Planning Commission Recommendation and Vote: Approval, 10-2 on June 10, 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.

[The site is located on the south side of Carpenter Fletcher Road, west of North Bend Drive and north of Meridian Parkway. PINs: 0728-02-98-4941, -6009]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #32 - 23 pages) (PR# 5301)

33. Ninth Street Plan

To conduct a public hearing and receive public comments on the Ninth Street Plan; and

To adopt the Ninth Street Plan.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #33 - 61 pages) (PR# 5323)

34. Unified Development Ordinance (UDO) Text Amendment – Conservation Subdivisions (TC07-19)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Conservation Subdivisions (TC07-19); and

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 3, Applications and Permits, Article 6, District Intensity Standards, Article 7, Design Standards, and Article 8, Environmental Protection.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #34 - 24 pages) (PR# 5303)

[Supplimental Agenda]

39. The Environmental Affairs Board's Report on the Proposed National Bio- and Agro- Defense Facility

To receive the Durham Environmental Affairs Board (EAB) Report on the proposed National Bio and Agro-Defense Facility (NBAF).

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #39 - 68 pages) (PR# 5375)

[Adjournment]

Notice Under the Americans with Disabilities Act (ADA).

The City of Durham will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communications, or a modification of policies or procedures to participate in the City program, service, or activity, should contact the office of Stacey Poston, Acting ADA Coordinator, Voice: 919-560-4197 x254, TTY: 919-560-4809; stacey.poston@durhamnc.gov, as soon as possible but no later than 48 hours before the scheduled event.