City Council Work Session Agenda
Thursday, February 21, 2008
Committee Room, Second Floor

1. Social Security Number Verification (Special Project / December 2007)

To receive and accept the report on the Social Security Number Verification Special Project (December 2007) as approved at the January 28, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Kevin Neuman – 4213) (Attachment #1 - 11 pages) (PR# 4732)

2. Approval of City Council Minutes

To approve City Council minutes for the February 4, 2008 City Council Meeting; and

To approve City Council action taken at the January 24, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 4748)

3. Capital Program Advisory Committee – Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill three (3) vacancies on the Capital Program Advisory Committee to represent PAC 3, PAC 4 and PAC 5 with the terms to expire on March 31, 2010.

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

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 – 8 pages) (PR# 4747)

4. Durham Planning Commission – Receipt and Acceptance of Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Durham Planning Commission to represent District 6 with the term to expire on June 30, 2009.

(Due to the resignation of Harry Dawley)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 5 pages) (PR# 4753)

5. Durham Bicycle and Pedestrian Advisory Commission – Receipt and Acceptance of Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2010.

(Due to the expired term of Peter J. Schubert)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 5 pages) (PR# 4754)

6. Durham Area Transit Authority – Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill three (3) vacancies on the Durham Area Transit Authority Board of Trustees for Regular Members with terms to expire on March 1, 2011.

(Due to the terms expiring of Rita Gregory, Baldwin H. Gammage, and Robert Olason)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 – 8 pages) (PR# 4757)

7. Attendance Reports for Boards, Committees and Commissions

To receive Attendance Reports from the following Boards:

Audit Services Oversight Committee, Cable TV Advisory Board, Capital Program Advisory Committee, Design District Review Team, Durham Area Transit Authority Board of Trustees, Durham Bicycle and Pedestrian Advisory Commission, Durham Board of Adjustment, Durham City-County Appearance Commission, Durham Civic Center, Durham Convention & Visitors Bureau, Durham Cultural Master Plan Advisory Board, Durham City-County Environmental Affairs Board, Durham Housing Authority Board of Commissioners, Durham Open Space & Trails Commission, Durham Planning Commission, Equal Business Opportunity Program Advisory Committee, Durham Historic Preservation Commission, Human Relations Commission, Housing Appeals Board, Lyon Park Advisory Board, Passenger Vehicle For Hire Commission, Raleigh-Durham Airport Authority, Recreation Advisory Commission, and the Workforce Development Board.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 – 24 pages) (PR# 4760)

8. 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 #8 - 2 pages) (PR# 4734)

9. Inter-Local Agreement between the City of Durham and the County of Durham for Sharing of Sales Tax Revenue

To authorize the City Manager to execute an Inter-local Agreement between the City of Durham and the County of Durham for the sharing of sales tax revenue; and

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

(Resource Person: Bertha T. Johnson – 4111 ext. 285) (PR# 4768)

10. Business Loan Report for December 2007

To accept business loan report for December 2007.

(Resource Person: Chris Dickey – 4965 ext. 226) (Attachment #10 - 5 pages) (PR# 4694)

11. Greenfire Phase II Development Deal Points

To authorize the City Manager to enter into non-binding Deal Points between the City of Durham and Greenfire Real Estate Holdings; and

To authorize the City Manager to negotiate a final Development Agreement with Greenfire Real Estate Holdings.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #11 – 173 pages) (PR# 4777)

12. Local Beer and Wine Privilege Licenses

To approve local beer and wine privilege licenses for the listed establishments.

(Resource Person: John Allore – 4510 ext. 223) (Attachment #12 - 6 pages) (PR# 4736)

13. Implementation of a Retirement Health Savings (RHS) Plan

To authorize the City Manager to take the necessary steps to establish a Retirement Health Savings Plan with ICMA Retirement Corporation, including the following: Establish a retiree welfare benefits plan; Execute a plan adoption agreement; Complete all appropriate administrative tasks to establish the plan; Execute the Administrative Services Agreement between the City and ICMA RC for plan administration; Make a declaration of trust establishing the legal entity to hold assets; Adopt the Plan Adoption Resolution; and, any other actions necessary to establish the RHS plan.

(Resource Person: Keith Herrmann – 4455 ext. 222) (Attachment #13 - 66 pages) (PR# 4763)

14. Professional Services Agreement for the Design of General Services Bundle

To authorize the City Manager to execute Professional Services Agreement for the General Services Bundle with Roughton, Nickelson, De Luca, PA in an amount not to exceed $427,600.00;

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 $42,000.00; and

To authorize the City Manager to negotiate and execute change orders on the Professional Services Agreement for the General Services Bundle, provided the total cost does not exceed $469,600.00 which is the full amount budgeted for design phase services plus the project contingency

(Resource Person: Thomas J. McDermott – 4197) (Attachment #14 - 49 pages) (PR# 4728)

15. Proposed Sale of Closed Portion of Fay Street

To declare the City's portion of the closed portion of Fay Street (0.21± acres) surplus;

To authorize the City Manager to sell the property pursuant to Section 86 of the City Charter to Muhammad Ali Damar for $13,500.00; and

To authorize the Mayor to convey the property with a non-warranty deed subject to reservations and easements.

(Resource Person: Judy Simuel – 4197 ext. 244) (Attachment #15 - 3 pages) (PR# 4759)

16. Contract for Eastway Elementary School After School Program

To authorize the City Manager to enter into an agreement to provide $44,000.00 to the Durham Public Schools Community Education Department for the purpose of subsidizing the provision of After School programs at the Eastway Elementary School for the 2007-2008 school year; and

To authorize the City Manager to modify the agreement before execution if required provided the modifications do not increase the dollar amount of the agreement and the modifications are consistent with the general intent of the agreement. (Resource Person: Annette L. Smith – 4355 ext. 214) (Attachment #16 - 6 pages) (PR# 4749)

17. Approval of the Grant Award for Project M.O.R.E. – A Gang Prevention and Intervention Initiative for Target Areas in North East Central and South West Central Durham

To authorize the City Manager to accept the Durham County Juvenile Crime Prevention Council Grant by executing the grant documents; and

To adopt the Durham County Juvenile Crime Prevention Council Grant Project Ordinance in the amount of $46,135.00.

(Resource Person: Annette L. Smith – 4355 ext. 214) (Attachment #17 - 14 pages) (PR# 4767)

18. Pass-Through Agreements with the Town of Chapel Hill and Triangle Transit Authority for Allocation, Disbursement and Accounting of Sections 5316 and 5317 Funds

To authorize the City Manager to execute the Pass-through Agreements with the Town of Chapel Hill and the Triangle Transit Authority (TTA) for the allocation, disbursement and accounting of the Section 5316, JARC and Section 5317, NF funds; and

To authorize the City Manager to make modifications to the agreements provided that the modifications do not differ from the original intent of the agreements and do not increase the City's financial obligation

(Resource Person: Felix Nwoko – 4366) (Attachment #18 - 25 pages) (PR# 4756)

19. Extension of Temporary Ordinance Pertaining to Taxicab Rates Authorizing Fuel Surcharge

To adopt an Ordinance Authorizing an Extension of a Temporary Gas Surcharge of $1.00 between the hours of 5:01 am until 11:59 pm through March 5, 2009.

(Resource Person: Gracie Chamblee – 4366 ext. 310) (Attachment #19 - 5 pages) (PR# 4758)

20. Inter-Local Agreement between the City of Durham and the City of Raleigh for Reimbursement for the Long Range Transportation Plan (LRTP) Revenue Element

To authorize the City Manager to execute an Inter-local Agreement between the City of Durham and the City of Raleigh for the Long Range Transportation Plan Revenue Element;

To authorize the City Manager to modify the inter-local Agreement before execution provided the modifications do not increase obligations of the City or alter the general intent of the version of the contract approved by City Council; and

To adopt the City of Durham and City of Raleigh Long Range Transportation Plan Revenue Element Grant Project Ordinance.

(Resource Person: Andy Henry – 4366) (Attachment #20 - 15 pages) (PR# 4761)

21. Add North Carolina 540 to North Carolina National Truck Network (NTN)

To approve the North Carolina Department of Transportation request to add a section of NC 540 (from NC 55 in Wake County to I-40 in the City of Durham) to the North Carolina National Truck Network.

(Resource Person: Andy Henry – 4366) (Attachment #21 - 5 pages) (PR# 4762)

22. Water and Sewer Update

To receive an update on the water drought and sewer spills.

(Resource Person: Vickie Westbrook – 4381 ext. 256)

23. The Future Development of Leigh Farm Park

To receive a presentation on the Future Development of Leigh Farm Park.

(Resource Person: Beth Timson – 4355 ext. 215) (Attachment #23 - 8 pages) (PR# 4697)

24. Zoning Map Change – Hope Valley Chapel Hill Tire (Z07-40)

To conduct a public hearing and receive public comments on the zoning map change for Hope Valley Chapel Hill Tire (Z07-40);

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 Z07-40 out of RS-10 and RS-20 and placing same in and establishing same as CN(D); and

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

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

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

Planning Commission Recommendation and Vote: Approval, 11-2 on January 8, 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 east side of Hope Valley Road, north of NC 54. PIN: 0719-01-20-4013]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #24 - 19 pages) (PR# 4742)

25. Zoning Map Change – 1603 Ed Cook Road (Z07-43)

To conduct a public hearing and receive public comments on the zoning map change for 1603 Ed Cook Road (Z07-43); 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 Z07-43 out of RR and placing same in and establishing same as RS-10; 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, 13-0 on January 8, 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 and comments received during the public hearing.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #25 - 13 pages) (PR# 4750)

26. Zoning Map Change – 1607 Ed Cook Road (Z07-44)

To conduct a public hearing and receive public comments on the zoning map change for 1607 Ed Cook Road (Z07-44);

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 Z07-44 out of RR and placing same in and establishing same as RS-10; 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, 7-6 on January 8, 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 and comments received during the public hearing.

[The site is located at the southeast corner of the intersection of Ed Cook Road and Hickory Nut Drive. PIN: 0830-04-70-0189]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #26 - 13 pages) (PR# 4751)

27. Zoning Map Change – Erwin Road Mixed Use (Z07-38)

To conduct a public hearing and receive public comments on the zoning map change for Erwin Road Mixed Use (Z07-38);

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 Z07-38 out of CN and placing same in and establishing same as MU(D); and

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

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

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

Planning Commission Recommendation and Vote: Approval, 11-2 on January 8, 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: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #27 - 25 pages) (PR# 4752)