1. Approval of City Council Minutes
To approve City Council minutes for the January 5, 2009 City Council Meeting; and
To approve action taken at the December 18, 2008 City Council Work Session.
(Resource Person: D. Ann Gray — 4166)
(PR# 5829)
2. Passenger Vehicle for Hire Commission — Receive and Accept an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Passenger Vehicle for Hire Commission to represent a Taxicab Operating Permit Holder with the term to expire on January 1, 2012.
(Due to the term expiring of Kwakou Asinia Shakur)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #2 — 4 pages)
(PR# 5828)
3. Resolution Memorializing James M. Schooler, Sr.
To adopt a Resolution Memorializing James Morse Schooler, Sr.
(Resource Person: Council Member Howard Clement, III — 4396) (Attachment #3 — 1 page)
(PR# 5833)
4. Resolution Memorializing Trevor Devon Spain
To adopt a Resolution Memorializing Trevor DeVon Spain.
(Resource Person: Mayor Pro Tempore Cora Cole-McFadden — 4396) (Attachment #4 — 1 page)
(PR# 5834)
5. Capital Program Advisory Committee — Appointment
To appoint James C. Henry to the Capital Program Advisory Committee to represent PAC 3 with the term to expire on March 31, 2010.
Note: At the Work Session on January 22, 2009, Mr. Henry received seven (7) votes.
(Due to the resignation of Deon Forde)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #5 — 3 pages)
(PR# 5839)
6. Raleigh-Durham Airport Authority — Reappointment
To reappoint Tonita F. Lipscomb to the Raleigh-Durham Airport Authority with the term to expire on January 1, 2011.
Note: At the Work Session on January 22, 2009, Ms. Lipscomb received seven (7) votes.
(Due to the term expiring of Tonita F. Lipscomb)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #6 — 8 pages)
(PR# 5841)
7. Bid Report — December 2008
To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of December 2008.
(Resource Persons: Joseph W. Clark and Lynette McRae — 4132) (Attachment #7 — 3 pages)
(PR# 5826)
8. Contract Extension — Low Entry Refuse Collection Cab & Chassis
To authorize the City Manager to extend contract no. 10-037-07 with Southern Truck Service, Inc., through February 15, 2009 in the amount of $834,701.00 for providing the City with seven Low Entry Refuse Collection Cab & Chassis; and
To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Persons: Joseph W. Clark — 4132 and Paul Koch — 4101) (Attachment #8 — 3 pages)
(PR# 5827)
9. Term Contract for Water Meters
To approve the bid submitted by HD Supply Waterworks in the amount of $555,375.00 for providing the City with its estimated annual requirements for water meters;
To authorize the City Manager to enter into a contract with HD Supply Waterworks in the amount of $555,375.00 for providing the City with its estimated annual requirements for water meters; and
To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Persons: Joseph W. Clark — 4132 and Thomas P. Lucas — 4344) (Attachment #9 - 5 pages)
(PR# 5830)
10. Durham Affordable Housing Coalition FY 2008-2009 Subrecipient Agreement
To authorize the expenditure of $60,000.00 from Community Development Block Grant funds;
To authorize the City Manager to execute a performance based subrecipient agreement with the Durham Affordable Housing Coalition to provide pre-purchase housing counseling, financial literacy housing counseling, and/or default delinquency housing counseling;
To authorize the City Manager to make changes to the Contract which does not increase the agreement amount, lessen DAHC’s duties, or extend the term of the agreement beyond February 1, 2010.
(Resource Person: Juanita B. Massenburg — 4570 ext. 240) (Attachment #10 — 21 pages)
(PR# 5825)
11. HOME Agreements between the City of Durham and Metropolitan Housing and Community Development Corporation, Inc.
To authorize the expenditure of up to $450,000.00 in HOME CHDO funds to support the development of ten affordable housing units at Franklin Village;
To authorize the City Manager to execute a HOME Investment Partnership Agreement and CHDO Grant Agreement with Metropolitan Housing and Community Development Corporation, Inc. in the amount of $450,000.00 to support the Franklin Village development; and
To authorize the City Manager to modify the agreements before execution provided the modifications do not increase the dollar amount of the agreements and are consistent with the general intent of the version of the agreements approved by City Council.
(Resource Person: Richard Valzonis — 4570 ext. 226) (Attachment #11 — 35 pages)
(PR# 5835)
12. Award of Funding to CASA (Community Alternatives for Supportive Abodes) for Special Needs Housing
To authorize the expenditure of $500,000.00 in budgeted general funds for the purpose of affordable housing for persons with special needs;
To authorize the expenditure of $160,486.00 in HOME CHDO funds;
To authorize the City Manager to execute a general fund permanent loan agreement and other related legal documents in the amount of $500,000.00 at a 0% interest rate that is forgiven over a period of 20 years and a HOME CHDO grant agreement in the amount of $160,486.00 with Community Alternatives for Supportive Abodes (CASA); and
To authorize the City Manager to make changes to the agreements prior to execution that does not increase the loan and/or grant amounts or lessen the duties of CASA.
(Resource Person: Shepherd Smith — 4570 ext. 227) (Attachment #12 — 63 pages)
(PR# 5824)
13. Self-Help Pass-Through Grant Ordinance
To adopt the Self-Help Pass-Through Grant Ordinance.
(Resource Person: Shepherd Smith — 4570 ext. 227) (Attachment #13 — 4 pages)
(PR# 5850)
14. Computer Lease Agreement Amended for the Police Department-ePlus Group, Inc.
To authorize the City Manager to amend the master lease agreement with ePlus Group, Inc. in the amount of $76,307.28 annually for three (3) years, plus $19,076.82 for the end of term transition for a total of expenditure of $247,998.66 for 111 MDCs for the Police Department; and
To authorize the City Manager to modify the amendment provided that modifications do not increase the dollar amount and the modifications are consistent with the general intent of the existing version of the amendment.
(Resource Person: Martha J. Lester-Harris — 4122) (Attachment #14 — 6 pages)
(PR# 5813)
15. Resolution Directing City Manager to Execute State Loan Documents
To adopt a resolution to delegate authority to the City Manager to represent the City, and to transact and sign any and all documents related to securing loan funds from the North Carolina Department of Environment and Natural Resources made available by the federal public works stimulus package.
(Resource Person: Nancy Newell — 4381) (Attachment #15 — 4 pages)
(PR# 5837)
17 — 19. These items can be found on the General Business Agenda — Public Hearings.
25. 2009 Legislative Program Outline
To receive a report from the Legislative Committee and the City Attorney; and
To approve the 2009 Legislative Program Outline.
(Resource Person: Legislative Committee and Patrick W. Baker — 4158) (Attachment #25 — 10 pages)
(PR# 5885)
17. Zoning Map Change — Duke Lemur Center (Z0800029)
To conduct a public hearing and receive public comments on the zoning map change for Duke Lemur Center (Z0800029);
To adopt an ordinance amending the Unified Development Ordinance, by taking the described property in zoning map change case Z0800029 out of UC and placing same in and establishing same as UC(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, 14-0, on December 9, 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 on the east side of Erwin Road between NC 751and West Cornwallis Road. PIN: 0801-13-88-3948.SPL]
(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #17 — 20 pages)
(PR# 5822)
18. Zoning Map Change — Finley Glen (Z0800007)
To conduct a public hearing and receive public comments on the zoning map change for Finley Glen (Z0800007);
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 Z0800007 out of RS-M(D) and placing same in and establishing same as RS-M(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, 10-4 on December 9, 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 on the west side of Moreene Road, north of Whitfield Road. PIN: 0812-01-16-6744]
(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #18 — 25 pages)
(PR# 5821)
19. Unified Development Ordinance (UDO) Text Amendment — Female Chickens (TC0800006)
To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Female Chickens (TC0800006);
To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 2, Review Authority, Article 3, Applications and Permits, Article 5, Use Regulations, and Article 16, Definitions; and
To adopt an Ordinance to Impose a Fee for a Limited Agriculture Permit.
(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #19 — 25 pages)
(PR# 5852)