City Council Agenda
Monday, June 6, 2011
Council Chambers, First Floor

The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Priority Items By The City Manager, City Attorney And City Clerk

[Consent Agenda]

1. Approval of City Council Minutes

To approve City Council minutes for the April 7, 2011 Special City Council Meeting, April 21, 2011 City Council Work Session, Closed Sessions minutes and May 2, 2011 City Council Meeting.

(Resource Person: D. Ann Gray – 4166 ext. 12267) (PR# 7777)

2. Housing Appeals Board – Appointment

To appoint Candace Agatha Brunson to the Housing Appeals Board as an Alternate Member representing At-Large with the term to expire on June 30, 2013.

Note: At the Work Session on May 19, 2011, Ms. Brunson received five (5) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #2 – 5 pages) (PR# 7784)

3. Bid Report – April 2011

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of April 2011.

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #3 – 6 pages) (PR# 7774)

4. 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 #4 – 8 pages) (PR# 7764)

5. Subrecipient Grant Fund Monitoring Performance Audit (April 2011)

To receive and accept the Subrecipient Grant Fund Monitoring Performance Audit dated April 2011, as presented and approved at the April 25, 2011 meeting of the Audit Services Oversight Committee.

(Resource Person: Germaine F. Brewington – 4213 ext. 14244) (Attachment #5 – 11 pages) (PR# 7775)

7. Appointment of Tax Collector/Collector of Revenue

To adopt a Resolution to Appoint Paul Mason as the Tax Collector/Collector of Revenue; this resolution will be effective on the date of its adoption.

(Resource Person: Keith R. Herrmann – 4965 ext. 15206) (Attachment #7 – 2 pages) (PR# 7763)

8. Ordinance Regulating Mulch near Buildings

To adopt an Ordinance Regulating the Use of Pine Straw and other Similarly Flammable Mulch near Buildings, thereby amending the Durham City Code by adding a New Section to the Fire Prevention Code (Article III, Division 2, Chapter 46) Entitled "Use of Pine Straw Mulch."

(Resource Person: Bruce T. Pagan, Jr., – 4242 ext. 19222) (Attachment #8 – 4 pages) (PR# 7732)

10. Boards, Committees and Commissions Review

To adopt a Resolution Authorizing the Dissolution of the Capital Program Advisory Committee;

To adopt a Resolution Authorizing the Dissolution of the Lyon Park Advisory Board; and

To adopt a Resolution Authorizing the Dissolution of the Cable Television Advisory Board.

(Resource Person: Thomas J. Bonfield – 4222) (Attachment #10 – 9 pages) (PR# 7787)

11. Durham Open Space and Trails Commission 2010 Annual Report

To receive the Durham Open Space and Trails Commission 2010 Annual Report.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #11 – 15 pages) (PR# 7768)

12. 2011 Wal-Mart Grant

To authorize the City Manager to accept the 2011 Wal-Mart Grant by executing the grant documents; and

To adopt the 2011 Wal-Mart Grant Project Ordinance in the amount of $2,000.00.

(Resource Person: Delma Allen – 4438 ext. 29222) (Attachment #12 – 3 pages) (PR# 7769)

14. Utility Extension Agreement with Research Triangle Foundation of North Carolina

To authorize the City Manager to enter into a utility extension agreement with Research Triangle Foundation of North Carolina to serve Sites 1A, 3 and 8.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #14 – 17 pages) (PR# 7770)

15. Utility Extension Agreement with Akal Properties of North Carolina

To authorize the City Manager to enter into a utility extension agreement with Akal Properties of North Carolina to serve Scott King Road Residential.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #15 – 15 pages) (PR# 7776)

16. Time Warner Cable Business Class Fiber Optic Network Services

To authorize the City Manager to execute an Optical Access Service Agreement with Time Warner Cable Business Class in the amount of $955,560.60 for the term of three years; and

To authorize the City Manager to modify the agreement before execution provided that modifications do not increase the dollar amount and the modifications are consistent with the general intent of the existing version of the agreement.

(Resource Person: Martha J. Lester-Harris – 4122 ext. 33229) (Attachment #16 – 36 pages) (PR# 7778)

17. North Durham Water Reclamation Facility 2009 Improvements – Contract Amendment

To authorize the City Manager to execute a contract amendment with TA Loving Company for the rehabilitation and modification of the North Durham Water Reclamation Facility in the amount of $190,000.00 for a total contract cost not to exceed $9,902,500.00; and

To authorize the City Manager to negotiate change orders to the contract provided that the cost of all change orders does not exceed $652,500 and the total project cost does not exceed $9,902,500.00.

(Resource Person: Simon Lobdell – 4381 ext. 35201) (Attachment #17 – 3 pages) (PR# 7646)

18. Contract SR-55 Sanitary Sewer System Repairs, 2011

To authorize the City Manager to execute a contract with Centurion Construction Co., Inc. for construction services for the SR-55, Sanitary Sewer System Repairs, 2011 Project in the amount of $1,896,416.13;

To establish a contingency fund for the contract in the amount not to exceed $188,583.87; and

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed 188,583.87, and the total project cost of $2,085,000.00. (Resource Person: Tony Thomas – 4381 ext. 35270) (Attachment #18 – 3 pages) (PR# 7773)

21. Briefing on Regional and Local Transit Initiatives

To adopt a Resolution of the Durham City Council in Support of the Bus and Rail Investment Plan for Durham and Orange Counties.

(Resource Person: Andrew Henry – 4366 ext. 36419) (Attachment #21 – 13 pages) (PR# 7772)

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

To adopt an Ordinance to Change Rates for Water and Sewer Service; Chapter 15 of the Fee Schedule for the City of Durham; Part 15-104A, (a) INSIDE CITY (1) Residential, (3) Non-residential, (4) Fixed Consumption Charge and (5) Service Charge and (b) OUTSIDE CITY (1) Residential, (3) Non-residential, (4) Fixed Consumption Charge, and (5) Service Charge, effective July 1, 2011; and

To adopt an Ordinance to Correct Section 70-51 of the City Code.

(Resource Person: Vicki Westbrook – 4381 ext. 35266) (Attachment #22 – 51 pages) (PR# 7751)

23 – 24. These items can be found on the General Business Agenda – Public Hearings

[General Business Agenda – Public Hearings]

*If you have an electronic presentation, please arrive at the City Council Meeting (at least 30 minutes) early for assistance and instructions on using the podium equipment*


23. The Proposed FY2011-12 Budget and FY2012-2017 Capital Improvement Plan

To conduct a public hearing and receive public comments on the proposed FY2011-12 Budget and FY2012-2017 CIP.

(Resource Person: Bertha T. Johnson – 4111 ext. 20285) (PR# 7740)

24. Zoning Map Change – Crowne Pointe (Z1100003)

To conduct a public hearing and receive public comments on the zoning map change request for Crowne Pointe (Z1100003);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z1100003 out of Residential Suburban-20 (RS-20) and placing same in and establishing same as Residential Suburban- Multifamily with a development plan (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 Determination: Staff determines that this request is consistent with the Comprehensive Plan and other adopted policies and ordinances.

Planning Commission Recommendation and Vote: Denial 10 – 1 on May 10, 2011. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. However, the Commission believes the request is not reasonable nor in the public interest and recommends denial based on problems of traffic congestion and inadequate transportation infrastructure, inconsistency with neighboring land uses, and opposition from the community, despite additional committed elements proffered by the applicant.

[The site is located at 6200 and 6300 Barbee Road, west side of Barbee Road, north of Interstate-40 and south of Windcrest Road. PINs: 0728-01-46-3740, -3363]

(Resource Person: Steve L. Medlin, AICP – 4137 ext. 28223) (Attachment #24 – 27 pages) (PR# 7785)

[Supplemental Item]

30. Setting a Public Hearing for Annexation of Street Segments Adjacent to City Limits

To adopt a Resolution stating the intent of the City of Durham to annex three street segments adjacent to existing municipal boundaries and setting a public hearing on this matter to be held at 7:00 pm June 20, 2011 in the Council Chambers of City Hall.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #30 – 6 pages) (PR# 7843)

[Announcements by Council]

[Adjournment]

Notice Under the Americans with Disabilities Act (ADA).

The City of Durham will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communications, or a modification of policies or procedures to participate in the City program, service, or activity, should contact the office of Stacey Poston, Acting ADA Coordinator, Voice: (919)560-4197, ext. 21254, TTY:(919) 560-1200; ADA@durhamnc.gov, as soon as possible but no later than 48 hours before the scheduled event.