City Council Work Session Agenda
May 8, 2008
Committee Room, Second Floor

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 citizens to fill four (4) vacancies on the Capital Program Advisory Committee to represent PAC 3, PAC 4, PAC 5 and Financial Management 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. 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 citizens to fill two (2) vacancies on the Durham Planning Commission to represent District 2 and District 3 with the terms to expire on June 30, 2011.

(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 a citizen to fill one (1) vacancy on the Citizens Advisory Committee with the term to expire on June 30, 2010.

(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 citizens to fill two (2) vacancies on the Human Relations Commission for a Non-Minority Female (term expires on June 30, 2011) and an Other Racial Minority Group Female (term expires on June 30, 2009).

(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 a citizen to fill one (1) vacancy on the Durham Historic Preservation Commission representing Historian with the term to expire on September 1, 2010.

(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 a citizen to fill one (1) vacancy on the Cable TV Advisory Board with the term to expire on October 31, 2008.

(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; and

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 not to exceed $8,488,000.00 for Runway 5R-23l Pavement Rehabilitation and Airfield Lighting Improvements, FAA AIP Grant Number 3-37-0056-TBD; and

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

(Presentation to be presented at the May 19, 2008 City Council Meeting)

To receive a presentation from the City Manager 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)

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)

29. Installment Financing Series 2008

To conduct a public hearing and receive public comments 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.

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

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)