City Council Action Agenda
May 16, 2011
Council Chambers, First Floor

1. Approval of City Council Minutes

To approve City Council minutes for the April 7, 2011 City Council Work Session and April 18, 2011 City Council Meeting. [Approved – Vote 7/0]

(Resource Person: D. Ann Gray – 4166 ext. 12267) (PR# 7747)

2. Resolution Memorializing Margaret Holmes "Babe" Turner

To adopt a Resolution Memorializing Margaret Holmes "Babe" Turner. [Approved – Vote 7/0]

(Resource Person: Mayor Pro Tempore Cora Cole-McFadden – 4333 ext. 10277) (Attachment #2 – 2 pages) (PR# 7748)

3. Locution Systems, Inc. Contract

To authorize the City Manager to execute contracts and other documents with Locution Systems Inc. for the purchase of an Automated Radio Voice Dispatching system in the amount of $181,400.00 with a recurring annual maintenance fee of $11,525.00 payable from the Emergency Telephone System Surcharge fund, without competitive bidding as authorized by G.S. 143-129(e) (6) on the grounds that the products are available from only one source of supply. [Approved – Vote 7/0]

(Resource Person: James Soukup – 4500 ext. 16274) (Attachment #3 – 46 pages) (PR# 7733)

4. Contract for Collection Agency Services

To authorize the City Manager to enter into a contract with Professional Recovery Consultants, Inc. in the amount of 19% of the revenues collected, for providing the City with Collection Agency Services. [Approved – Vote 7/0]

(Resource Person: Joseph W. Clark – 4132 ext. 18222) (Attachment #4 – 11 pages) (PR# 7745)

5. Utility System Revenue and Revenue Refunding Bonds, Series 2011

To adopt an Amended and Restated Bond Order for the Utility System Revenue Bonds;

To adopt the Series Resolution for the Utility System Revenue and Revenue Refunding Bonds, Series 2011; and

To authorize the City Manager or his designee to execute other associated legal documents as necessary to complete this transaction and to make changes to any of the legal documents prior to execution, so long as the changes are consistent with the intent of the agenda item memo and the existing versions of the documents. [Approved – Vote 7/0]

(Resource Persons: David Boyd and Keith Herrmann – 4455) (Attachment #5 – 79 pages) (PR# 7757)

6. Background Investigation Policy

To receive an update on the Background Investigation Policy; and

To receive public comments on the Background Investigation Policy. [Approved – Vote 7/0]

(Resource Person: Alethea Bell – 4214 ext. 23270) (Attachment #6 – 10 pages) (PR# 7752)

7. 2011-12 Employee Benefits Recommendation

To approve the 2011-12 Employee Benefits Program for the plan year September 1, 2011 through August 31, 2012; and

To authorize the City Manager to execute contracts with the recommended benefit vendors. [Approved – Vote 7/0]

(Resource Person: Virginia H. Jones – 4214 ext. 23274) (Attachment #7 – 73 pages) (PR# 7758)

8. Impact Fee Amendment to Recognize Administrative Fee

To adopt an Ordinance Amending the City of Durham Impact Fee Ordinance Retaining 1% of Collected Fees for Administrative Costs Incurred by the City-County Inspections Department. [Approved – Vote 7/0]

(Resource Person: William E. (Gene) Bradham – 4145) (Attachment #8 – 6 pages) (PR# 7726)

9. Resolution Authorizing City-County Inspection Permit Fees to be applied to the Durham Housing Authority and to Rescind Resolution #7343

To adopt a Resolution Directing the City Administration to Charge Permit Fees to the Durham Housing Authority, and its Agents and Contractors, in the same manner as Permit Fees are Charged to other Profit and Nonprofit Entities, and to rescind all Resolutions in Conflict with this Resolution, including Resolution #7343. [Approved – Vote 7/0]

(Resource Person: William E. (Gene) Bradham – 4145) (Attachment #9 – 5 pages) (PR# 7727)

10. Utility Extension Agreement with Cree, Inc.

To authorize the City Manager to enter into a utility extension agreement with CREE, Inc. to serve CREE Silicon North Campus. [Approved – Vote 7/0]

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #10 – 13pages) (PR# 7738)

11. License Agreement with Cree, Inc. for Electrical Duct Bank

To authorize the City Manager to enter into a license agreement with CREE, Inc. to install and maintain electrical duct bank within the Silicon Drive right-of-way. [Approved – Vote 7/0]

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #11 – 8 pages) (PR# 7739)

12. FY 2014-2020 Transportation Improvement Program (TIP) Priority List

To adopt a "Resolution to Endorse the City of Durham’s Project Priority List for the FY 2014-2020 Transportation Improvement Program." [Approved – Vote 7/0]

(Resource Person: Ellen Beckmann – 4366 ext. 36412) (Attachment #12 – 8 pages) (PR# 7755)

13. Inter-local Agreement between the City of Durham and the City of Raleigh for Reimbursement for the Scenario Planning Initiative

To authorize the City Manager to execute an Inter-local Agreement with the City of Raleigh for reimbursement of CAMPO’s share of the Scenario Planning Initiative Study; and

To adopt the City of Durham and the City of Raleigh 2040 Long Range Transportation Plan (LRTP) Scenario Planning Initiative Grant Project Ordinance in the amount of $167,000.00. [Approved – Vote 7/0]

(Resource Person: Felix Nwoko – 4366 ext. 36424) (Attachment #13 – 18 pages) (PR# 7756)

14. 2011 Commercial Meter Replacement Project Phase I – Centurion Construction Company, Inc. (Contract MR-5)

To authorize the City Manager to execute a contract with Centurion Construction Company, Inc. for the MR-5 Commercial Meter Replacement Project for $1,528,394.07.

To establish a contingency fund for the contract in the amount of $150,000.00; and

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $150,000.00 and the total project cost does not exceed $1,678,394.07. [Approved – Vote 7/0]

(Resource Person: Bryant Green – 4381 ext. 35268) (Attachment #14 – 3 pages) (PR# 7746)

16. This item can be found on the General Business Agenda.

18 – 24. Those items can be found on the General Business Agenda – Public Hearings.

The City Council disposed of the following agenda items at the May 5, 2010 Work Session:

15. Capital Program Advisory Committee (CPAC) Quarterly Report

(A report was received at the 05-05-11 Work Session)

17. Adoption of Proposed Water and Sewer Rates for FY 2011-2012

(This item was referred back to the Administration – Dept. of Water Management)

25. Stoneybrook Cottages Homeowners Association

(Comments were received at the 05-05-11 Work Session)

26. Jessie Bullock

(Citizen did not appear at the 05-05-11 Work Session)

27. Mara Kaufman

(Comments were received at the 05-05-11 Work Session)

28. Brenda Baletti

(Comments were received at the 05-05-11 Work Session)

16. Proposed Fiscal Year 2011-12 Budget and Fiscal Year 2012-2017 Capital Improvement Plan (CIP)

To receive a presentation from the City Manager on the Proposed Fiscal Year 2011-2012 Budget and Fiscal Year 2012-2017 Capital Improvement Plan.

Note: No action was taken by the Durham City Council. City Manager Bonfield gave a presentation on the proposed fiscal year 2011-2012 Budget and fiscal year 2012-2017 Capital Improvement Plan.

(Resource Person: Bertha T. Johnson – 4111 ext. 20285) (PR# 7741)

18. Amendment to the City-County Inspections Permit Fee Ordinance

To conduct a public hearing to receive comments on the City-County Inspections Permit Fee Ordinance; and

To adopt an Ordinance Amending the City-County Inspections Permit Fee Ordinance. [Approved – Vote 7/0]

(Resource Person: William E. (Gene) Bradham – 4145) (Attachment #18 – 10 pages) (PR# 7728)

19. Comprehensive Plan Amendment – Hill Street Residential (A1100004)

To conduct a public hearing to receive public comments on the Hill Street Residential (A1100004) 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 Commercial to Medium Density Residential (6-12 DU/AC.) [Approved – Vote 7/0]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #19 – 13 pages) (PR# 7750)

20. Zoning Map Change – Hill Street Residential (Z1100004)

To conduct a public hearing to receive public comments on the zoning map change for Hill Street Residential (Z1100004);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z1100004 out of Commercial Neighborhood (CN) and placing same in and establishing same as Residential Urban – 5 (2) (RU-5(2)); 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, should the plan amendment be approved, and is reasonable and in the public interest in light of information presented in the public hearing and in the accompanying agenda materials. [Approved – Vote 7/0]

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, 13-0, on April 12, 2011. 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 comments received at the public hearing and the information in the staff report.

[The site is located at 1311 – 1319 Hill Street, north of University Drive and south of West Lakewood Avenue. PINs: 0821-15-63-4884, -4881, -4788, -4784, -5605, -4669]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #20 – 19 pages) (PR# 7742)

21. Zoning Map Change – Erwin Square Multi-Family (Z1000015)

To conduct a public hearing to receive public comments on the zoning map change for Erwin Square Multi-family (Z1000015);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z1000015 out of Industrial Light (IL) and placing same in and establishing same as Residential Compact with a development plan (RC(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. [Approved – Vote 7/0]

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, 12-0, on April 12, 2011. 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 comments received at the public hearing, the information in the staff report, and addition commitments proffered by the applicant.

[The site is located at 2109 Hillsborough Road, west of Ninth Street between Hillsborough Road and West Main Street. PIN: 0822-18-22-3162 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #21 – 44 pages) (PR# 7744)

22. Unified Development Ordinance (UDO) Text Amendment – Broadcast Towers (TC1100001)

To conduct a public hearing to receive public comments on the Unified Development Ordinance (UDO) Text Amendment – Broadcast Towers (TC1100001); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 5, Use Regulations, and Article 16, Definitions. [Approved – Vote 7/0]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #22 – 10 pages) (PR# 7699)

23. Fee Ordinance for FY11-12 for the Durham City-County Planning Department and Extension of Technology Surcharge for the City-County Inspections Department and the Transportation Department

To adopt an Ordinance Establishing Certain Fees and Surcharges Charged by the Durham City-County Planning Department, the Durham City Transportation Department and the Durham City-County Inspections Department. [Approved – Vote 6/1] Noes: Council Member Woodard.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #23 – 9 pages) (PR# 7722)

24. FY 2012 Stormwater Rate Increase

To conduct a public hearing to receive public comments on the FY 2012 Stormwater Rate Increase;

To adopt an Ordinance to Change the Fee Schedule Revising Stormwater Rates effective July 1, 2011; and

To adopt an Ordinance Amending the Billing Method of Townhouse and Condominium Developments Containing Impervious Surface in Common Ownership. [Approved – Vote 7/0]

(Resource Person: Danial Morris – 4326 ext. 30226) (Attachment #24 – 18 pages) (PR# 7725)