1. Voluntary Annexation Petition Received by April 3, 2009.
To adopt "An Ordinance Annexing to the City of Durham" 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. Effective from and after September 30, 2009.
(Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #1 – 15 pages)
(PR# 6462)
2. Recreation Advisory Commission–Appointment
To appoint Melonie "Susan" Taylor to the Recreation Advisory Commission with the term to expire on August 8, 2012.
Note: At the Work Session on August 20, 2009, Ms. Taylor received six (6) votes.
(Due to the expired term of Dick Mentock)
(Resource Person: Laverne V. Brooks – 4166) (Attachment #2 – 5 pages)
(PR# 6467)
3. Street Closing – 1,475 Square Foot Portion of Watkins Road (SC0900004)
To adopt a resolution to set a public hearing on the proposed closing of a 1,475 square foot portion of Watkins Road for October 5, 2009.
(Resource Person: Steven L. Medlin – 4137 ext. 28223) (Attachment #3 – 5 pages)
(PR# 6424)
4. Bid Report – July 2009
To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of July 2009.
(Resource Persons: Joseph W. Clark and Lynette McRae–4132) (Attachment #4 – 5 pages)
(PR# 6444)
5. Bids–Estimated Annual Requirements for Aggregates
To accept the bid from Hanson Aggregates Southeast, Inc., in the estimated amount of $242,012.50, for providing the City with its Estimated Annual Requirements for Aggregates.
To authorize the City Manager to enter into a contract with Hanson Aggregates Southeast, Inc., in the estimated amount of $242,012.50, for providing the City with its Estimated Annual Requirements for Aggregates; 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 and Lynette McRae–4132) (Attachment#5 – 5 pages)
(PR# 6446)
6. Bids–Estimated Annual Requirements for Asphaltic Concrete
To accept the bid from the Carolina Sunrock Corporation, in the estimated amount of $701,750.00, for providing the City with its Estimated Annual Requirements for Asphaltic Concrete;
To authorize the City Manager to enter into a contract with Carolina Sunrock Corporation, in the estimated amount of $701,750.00, for providing the City with its Estimated Annual Requirements for Asphaltic Concrete; 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: Joseph W. Clark–4132) (Attachment #6 – 5 pages)
(PR# 6447)
7. Additional Purchase – Three Low Entry Refuse Collection Cab & Chassis
To authorize the City Manager to enter into a contract with Southern Truck Service, Inc., in the estimated amount of $369,585.00, for the purchase of three 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 Person: Joseph W. Clark & Paul Koch–4132) (Attachment #7 – 5 pages)
(PR# 6450)
8. American Recovery and Reinvestment Act (ARRA) – Second Amendment to Contract between the City of Durham and General Management Solutions, Inc. (GMSI)
To authorize the City Manager to execute a second contract amendment to the Workforce Investment act contract with General Management Solutions, Inc. (GMSI) in an amount not to exceed $829,493.00.
To authorize the City Manager to modify the contract provided that the modifications do not increase the dollar amount and the modifications are consistent with the general intent of the contract.
(Resource Person: Nick McCoy–4965 ext. 15220) (Attachment# 8 – 17 pages)
(PR# 6390)
9. Amendment #2 to Sanitary Landfill Groundwater Monitoring Services Contract with S&ME, Inc.
To authorize the City Manager to execute a contract amendment#2 with S&ME, Inc. for environmental monitoring services to be performed at Sanitary Landfill which will increase the contract amount by $20,000.00;
To establish a contingency amount of $2,000.00 for the amendment #2; and
To authorize the City Manager to modify the contract amendment before execution provided the modifications do not increase the dollar amount of the contract and are consistent with the general intent of the version of the contract approved by City Council.
(Resource Person: Nancy Newell–4381 ext. 35254) (Attachment #9 – 9 pages)
(PR# 6429)
10. National League of Cities [NLC] Prescription Discount Card Program
To adopt a Resolution to Participate in NLC Prescription Discount Card program.
(Resource Person: Mayor Pro Tempore Cora Cole-McFadden) (Attachment #8 – 1 page)
(PR# 6473)
11. American Recovery and Reinvestment Act (ARRA)–Homelessness Prevention and Rapid Re-Housing Funds Subrecipient Contract with Durham County Department of Social Services
To authorize the expenditure of HPRP funds in an amount not to exceed $789,101.00;
To authorize the City Manager to execute a twenty-six month contract with Durham County DSS to provide financial assistance to households at-risk of becoming homeless and rapidly re-house those experiencing homelessness due to the economic crisis in an amount not to exceed $789,101.00; and
To authorize the City Manager make changes to the documents that do not increase the contract amount, lessen the Sub-recipient’s duties or extend the term of the contract by more than an additional two (2) months.
(Resource Person: Tamesha E. Thompson-Eleanya–4570 ext. 22225) (Attachment #11 28 pages)
(PR# 6464)
13. General Services Bundle CMAR Construction Services Amendment
To authorize the City Manager to negotiate and execute Amendment No. 2 with Balfour Beatty Construction, LLC, for the renovation of Maplewood and Beechwood Cemeteries, DBAP, Fire Maintenance Building, and Employee Training Center/Parks and Recreation Building, if the final Guaranteed Maximum Price does not exceed $3,639,673.00; and
To authorize the City Manager to negotiate and execute change orders on the General Services Bundle Phase I construction, provided the total project cost does not exceed $4,009,673.00, which is the total amount budgeted for construction phase services.
(Resource Person: Donna Maskill–4197 ext. 21228) (Attachment #13 – 11 pages)
(PR# 6425)
14. Agreement and Release between the City of Durham and Duke Energy Carolinas, LLC for Groundwater and Soil Contamination; and Related FY 2009-10 Budget Ordinance Amendment
To authorize the City Manager to execute the Agreement and Release between City of Durham and Duke Energy Carolinas, LLC for Groundwater and Soil Contamination;
To authorize the City Manager to make changes to the Agreement prior to execution provided such changes do not differ from the intent of the Agenda Memo; and
To adopt an Ordinance Amending the FY 2009-10 City of Durham Budget Ordinance, the same being Ordinance 13861.
(Resource Person: Shelia A. Huggins–4197 ext. 21274) (Attachment #14 – 14 pages)
(PR# 6448)
15. Contracts for the Domestic Violence Court Judge to Hear Domestic Violence Cases and the District Attorney Legal Assistant to Provide Administrative Support
To authorize the City Manager to execute a contract between the City of Durham, the Durham Chief District Court Judge and the Administrative Office of the Courts to continue to support salary and benefits for a district court judge to hear domestic violence court cases in the community;
To authorize the City Manager to execute a contract between the City of Durham, the District Attorney for the 14th Prosecutorial District and the Administrative Office of the Courts to expend City funds to continue to support salary and benefits for a victim legal assistant to provide administrative support; and
To authorize the City Manager to modify the contract amendment before execution provided the modifications do not increase the dollar amount of the contract and are consistent with the general intent of the version of the contract approved by City Council.
(Resource Person: Delilah Donaldson–4107 ext. 24246) (Attachment# 15 – 13 pages)
(PR# 6457)
16. Compensation and Classification Systems Update
To revise and amend the City of Durham’s Comprehensive Compensation and Classification System effective July 4, 2009; and
To set a new livable wage pursuant to Section 18-23 of the Durham City Codes (Durham Minimum Livable Wage) to $11.40 per hour effective January 2, 2010.
(Resource Person: Kevin Patton–4214) (Attachment #16 – 10 pages)
(PR# 6229)
17. Amendment to Grant Project Ordinance # 13661–2008 Edward Byrne Memorial Justice Assistance Grant
To authorize the City Manager to accept the City of Durham and the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Programs, "2008 Edward Byrne Memorial JAG Program" Grant by executing the grant documents; and
To adopt the City of Durham and the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Programs, "2008 Edward Byrne Memorial JAG Program" Grant Project Ordinance superseding Project Ordinance # 13661
(Resource Person: Kisha Ethridge – 1185 ext 29138) (Attachment #17 – 4 pages)
(PR# 6441)
18. Amendment to Grant Project Ordinance # 13645–Federal Asset Forfeiture Funds
To authorize the City Manager to accept the U.S. Department of Justice "Federal Asset Forfeiture Funds" grant by executing the grant documents; and
To adopt the City of Durham and the U.S. Department of Justice "Federal Asset Forfeiture Funds" Project Ordinance FY 2007/2008 superseding Project Ordinance # 13645.
(Resource Person: Kisha Ethridge – 1185 ext. 29138) (Attachment #18 – 3 pages)
(PR# 6443)
19. American Recovery and Reinvestment Act (ARRA) – Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States Grant
To authorize the City Manager to accept the "2009 American Recovery and Reinvestment Act (ARRA) Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States" Grant by executing the grant documents;
To adopt the "2009 American Recovery and Reinvestment Act (ARRA) Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States" Grant Project Ordinance, in the amount of $724,497.00; and
To authorize the City Manager to execute a sub-recipient contract between the Drug Enforcement Administration (DEA) with the City of Durham in order to comply with required collaborations as set forth in the approved Federal award and High Intensity Drug Trafficing Area (HIDTA) Initiative
(Resource Person: Mihaich–4322) (Attachment #19 – 21 pages)
(PR# 6442)
20. North Carolina Department of Transportation Utility Agreement U-3309A
To authorize the City Manager to execute a utility agreement with the NCDOT for the relocation of water lines within TW Alexander Drive;
To authorize the expenditure of $19,148.00 from the Water Extensions and Improvements Account;
To establish a contingency fund in the amount of $9,574.00 (50%) for the relocation of these utilities; and
To authorize the City Manager to expend contingency funds associated with this project if necessary to complete the project.
(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #20–20 pages)
(PR# 6430)
21. 2008-09 Job Access Reverse Commute (JARC) & New Freedom (NF) Grant Project Ordinance
To adopt the JARC (Section 5316) Grant Project Ordinance in the Amount of $134,881.00 and New Freedom (section 5317) Grant Project Ordinance in the Amount of $299,884.00.
(Resource Person: Felix Nwoko–4366) (Attachment #21 – 5 pages)
(PR# 6454)
22. City of Durham and NCDOT FY 2009-10 Transportation Planning Grant Project Ordinance Superseding Transportation Planning Grant Project Ordinance #13846
To adopt the City of Durham and the North Carolina Department of Transportation–Section 104(f) and Section 133(b)(3)(7) Transportation Planning Grant Project Ordinance – FY 2009-2010 Grant Project Ordinance Superseding and Increasing Grant Project Ordinance #13846 by $382,676.90
(Resource Person: Felix Nwoko–4366) (Attachment #22 – 6 pages)
(PR# 6455)
23. CIP Ordinance Amendment and Grant Resolutions for Two Safe Routes to School Project
To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2009-10, as amended, the same being Ordinance #13841, for the purpose of increasing the appropriation for the Federal-State Matching Projects project by $259,400.00;
To adopt grant resolutions authorizing the City Manager to execute two grant agreements with NCDOT, in the amounts of $9,500.00 and $249,900.00; and
To authorize the City Manager to modify the agreement(s) provided that the changes do not increase the dollar amount and the modifications are consistent with the intent of the agreement(s).
(Resource Person: Dale McKeel–4366) (Attachment #23 – 47 pages)
(PR# 6456)
24. Belt Street Sanitary Sewer Manhole Renovation Reimbursement Contract
To authorize the City Manager to execute a contract with Scientific Properties for a reimbursement of $23,238.00 for the reconstruction of a City of Durham owned manhole in the right of way adjacent to the Golden Belt Project; 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: Edward R. Venable and Robert N. Joyner Jr.–4326) (Attachment #24 – 2 pages)
(PR# 6459)
26. Contract for Servicing City-Owned Stationary Containers
To authorize the City Manager to execute a contract with Waste Industries, LLC in the amount of $48,168.00 per year to provide weekly collection of City-owned stationary containers and special situation stationary container customers for a period of four (4) years effective September 7, 2009 and ending September 6, 2013; and
To authorize the City Manager to modify the contract if necessary prior to execution, provided the modifications do not increase the dollar amount of the contract, and the modifications are consistent with the general intent of the version of the contract approved by City Council.
(Resource Person: Robert Williams – 4184 ext. 32224) (Attachment #26 – 16 pages)
(PR# 6461)
27. Contract SR-53, 2009 Utility Easement Maintenance, Mowing/Handcutting
To authorize the City Manager to execute a contract with Bushhog America, Inc. for Contract SR-53 – 2009 Utility Easement Maintenance, Mowing/Hand Cutting in the amount of $1,762,230.00; and
To authorize the City Manager to make changes to the contract before execution provided the changes do not increase the amount to be paid by the City and do not decrease the goods and services to be provided to the City.
(Resource Person: James E. Harding–4381 ext. 35260) (Attachment #27 – 3 pages)
(PR# 6418)
30. This item can be found on the General Business Agenda
31–37. Those items can be found on General Business Agenda–Public Hearings
44. CDBG Subrecipient Contract with Edgemont Neighborhood, LLC for 1102 Wall Street
To authorize the reallocation of up to $40,000.00 in Community Development Block Grant (CDBG) funds;
To authorize the City Manger to execute a CDBG Subrecipient contract with Edgemont Neighborhood, LLC in an amount up to $40,000.00 for the purchase and renovation of 1102 Wall Street; and
To modify the contract before execution provided that the modifications do not increase the dollar amount of the contact and that the modifications are consistent with the general intent of the existing version of the contract.
(Resource Person: Shepherd Smith – 4570 ext. 22227) (Attachment #44–29 pages)
(PR# 6514)
31. Zoning Map Change – Mentock Family Practice (Z0900006)
To conduct a public hearing and receive public comments on the zoning map change for Mentock Family Practice (Z0900006);
To adopt an ordinance amending the Unified Development Ordinance by taking the described property in zoning map change case Z0900006 out of OI(D) and placing same in and establishing same as OI(D);
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 July 14, 2009. 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 1413 Carpenter Fletcher Road, on the north side of Carpenter Fletcher Road, west of NC 55. PIN: 0738-01-18-5308]
(Resource Person: Steven L. Medlin–4137 ext. 28223) (Attachment # 31–17 pages)
(PR# 6426)
32. Zoning Map Change – Technology Park (Z0900008)
To conduct a public hearing and receive public comments on the zoning map change for Technology Park (Z0900008);
To adopt an ordinance amending the Unified Development Ordinance by taking the described property in zoning map change case Z0900008 out of IP and placing same in and establishing same as IL;
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 July 14, 2009. 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 south side of T.W. Alexander Drive, east of Page Road and west of Roche Drive. PINs: 0758-01-28-4926 (partial), -27-3876 (partial)]
(Resource Person: Steven L. Medlin–4137 ext. 28223) (Attachment #32 – 15 pages)
(PR# 6427)
33. Street Closing – 295 Linear Feet of Sumter Street (SC0800007)
To conduct a public hearing on the permanent closing of 295 linear feet of Sumter Street, north of Maxwell Street, south of West Pettigrew Street; and
To adopt an Order permanently closing 295 linear feet of Sumter Street.
(Resource Person: Steven L. Medlin–4137 ext. 28223) (Attachment #33 – 14 pages)
(PR# 6422)
34. Street Closing – 1,067 Linear Feet of Maxwell Street (SC0800008)
To conduct a public hearing on the permanent closing of 1,067 linear feet of Maxwell Street, west of South Buchanan Boulevard, east of Campus Drive; and
To adopt an Order permanently closing 1,067 linear feet of Maxwell Street.
(Resource Person: Steven L. Medlin–4137 ext. 28223) (Attachment # 34 – 14 pages)
(PR# 6423)
35. Street Closing–162.85 Linear Feet of Belt Street (SC0900003)
To conduct a public hearing on the permanent closing of 162.85 linear feet of Belt Street, south of Hopkins Street and north of Taylor Street; and
To adopt an Order permanently closing 162.85 linear feet of Belt Street.
(Resource Person: Steven L. Medlin–4137 ext. 28223) (Attachment #35 – 11 pages)
(PR# 6439)
36. Plan Amendment – Eno Drive at West Point on the Eno (A0800001)
To conduct a public hearing and receive public comments on the Eno Drive at West Point on the Eno (A0800001) plan amendment; and
To adopt a Resolution to change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Low-Medium Density Residential (4-8 DU/Ac.) to Low Density Residential (4 DU/Ac. or Less)
Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments
Planning Commission Recommendation: Approval, 8-5, December 9, 2008, based on the information provided in the staff report, the justification, and meeting the four criteria for plan amendments
(Resource Person: Steven L. Medlin–4137 ext. 28223) (Attachment #36 – 11 pages)
(PR# 5991)
37. Zoning Map Change – Eno Drive at West Point on the Eno (Z07-47)
To conduct a public hearing and receive public comments on the zoning map change for Ninth Street North (Z07-47);
To adopt an ordinance amending the Unified Development Ordinance by taking the described property in zoning map change case Z07-47 out of PDR 6.200; E-B and placing same in and establishing same as RS-10; E-B; 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, should the plan amendment be approved, based on consistency with the Comprehensive Plan, and considering the information contained in this report.
Planning Commission Recommendation and Vote: Approval, 8-5 on December 9, 2008. The Planning Commission finds that the ordinance request is not consistent with the adopted Comprehensive Plan. However, should the plan amendment be approved, the request would be consistent with the 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.
[The site is located on the west side of North Roxboro Road, south of the Eno River and east of Warren Creek. PINs: 0824-04-62-4788, -18-42-3302]
(Resource Person: Steven L. Medlin–4137 ext. 28223) (Attachment #37 – 30 pages)
(PR# 6005)