City Council Meeting Agenda
Monday, May 4, 2015, 7 p.m.
Council Chambers, First Floor

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

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[Consent Agenda]

1. Approval of City Council Minutes

To approve the City Council Minutes for the March 5, 2015 and March 19, 2015 Work Sessions and the March 16, 2015 City Council Meeting.

(Resource Person: D. Ann Gray – 919-560-4166 ext. 12267) (PR# 10402)

2. Durham Planning Commission – Appointments

To reappoint David L. Harris and Tom Miller to the Durham Planning Commission with the terms to expire on June 30, 2018.

(Due to the terms expiring of David L. Harris and Thomas R. Miller)

(Resource Person: LaVerne V. Brooks – 919-560-4166 ext. 12264) (PR# 10403)

3. Street and Infrastructure Acceptances

To accept the streets and infrastructure in the attached memo for maintenance by the City of Durham.

(Resource Persons: Robert N. Joyner, Jr. and Nathan L. McHenry – 919-560-4326) (PR# 10368)

4. FY 2014- 2015 Emergency Solutions Grant Funds – Durham Crisis Response Center Subrecipient Contract for Emergency Shelter Operations and Essential Services

To authorize the expenditure of $15,029.00 in Emergency Solutions Grant funds; and

To authorize the City Manager to execute a contract with Durham Crisis Response Center in the amount of $15,029.00 to provide emergency shelter households experiencing homelessness as a result of Domestic Violence.

(Resource Person: Matthew Schnars – 919-560-4570 ext. 22249) (PR# 10357)

5. Conditional Commitment of Subordinate Financing in an amount Up to $3,800,000.00 for the Second Phase of Rental Development of the Lofts at Southside and a Conditional Commitment to Fund the Associated Site Preparation and Infrastructure Improvements

To authorize the City Manager to issue to Southside Revitalization Phase II LP, a conditional commitment of subordinate financing in an amount up to $3,800,000.00 for the second phase of rental development of the Lofts at Southside consisting of 85 mixed income units; and

To issue a conditional commitment to fund the associated site preparation and infrastructure improvements at an amount not to exceed $3,000,000.00.

(Resource Person: Richard Valzonis – 919-560-4570 ext. 22226) (PR# 10391)

6. Reclaimed Water Master Plan Development

To authorize the City Manager to execute a contract with CDM Smith, Inc. for Professional Services for development of a Reclaimed Water Master Plan at a contract cost of $307,000.00;

To establish a contingency fund in the amount of $31,000.00; and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $31,000.00 and the total project cost does not exceed $338,000.00.

(Resource Person: Jerry Morrone – 919-560-4381 ext. 35243) (PR# 10341)

7. SR-59 Chemical Control of Sanitary Sewer Root Intrusion

To authorize the City Manager to execute a service contract with Municipal Sales, Inc. for SR-59 Chemical Control of Sanitary Sewer Root Intrusion services for a contract cost not to exceed $94,128.00.

(Resource Person: Jerry Morrone – 919-560-4381 ext. 35243) (PR# 10378)

8. Bid Report-March 2015

To receive a report and to record into minutes bids which were acted upon by the City Manager during the month of March 2015.

(Resource Person: Jonathan Hawley – 919-560-4132 ext. 18225) (PR# 10390)

10. Acceptance of the Donation of a Sculpture from Liberty Arts, Inc.

To authorize the City Manager to execute an agreement with Liberty Arts, Inc. to accept the donation to the City of the sculpture titled "The Pursuit of Happiness" currently located in the Convention Center Plaza; and

To authorize the City Manager to approve the recommended location for the sculpture.

(Resource Person: Peter Coyle – 919-560-4965 ext. 15205) (PR# 10389)

11. Inter-Local Agreement between the City of Durham and Durham County to Establish the Durham Workforce Development Board and Its Administrative Entity Under the Workforce Innovation and Opportunity Act (WIOA) of 2014, Effective July 1, 2015

To resolve that the Mayor be authorized to execute the Interlocal Agreement between the City of Durham and the County of Durham for the establishment of the Durham Workforce Development Board and the establishment of the office of Economic and Workforce Development as its administrative entity.

(Resource Person: Kevin Dick – 919-560-4965 ext. 15219) (PR# 10392)

12. Amend the Fiscal Year 2014-15 City of Durham Budget

To adopt an Ordinance Amending the City of Durham Budget Ordinance as amended, Fiscal Year 2014-15, the same being Ordinance # 14650.

(Resource Person: Grace Dzidzienyo – 919-560-4965 ext. 15206) (PR# 10394)

13. Acceptance of the 2015 National Recreation and Parks Association Parks Build Community Grant

To authorize the City Manager to accept the 2015 National Recreation and Parks Association Parks Build Community Grant by executing the grant documents; and

To adopt the City of Durham 2015 National Recreation and Parks Association Parks Build Community Grant Project Ordinance in the amount of $20,000.00.

(Resource Person: Annette L. Smith – 919-560-4355 ext. 27214) (PR# 10386)

14. 2015 Police Specialized Programs/Units Special Revenue Fund

To adopt the 2015 Police Specialized Programs/Units Special Revenue Fund Project Ordinance, in the amount of $30,000.00.

(Resource Person: Kisha Ethridge – 919-560-1185 ext. 29138) (PR# 10396)

16. 2014 Recreation Advisory Commission Annual Report

To accept the 2014 Recreation Advisory Commission Annual Report.

(Resource Person: Annette L. Smith – 919-560-4355 ext. 27214) (PR# 10385)

[General Business Agenda – Public Hearings]

17. Comprehensive Plan Amendment, Guglhupf (A1400007)

To conduct a public hearing and receive comments on the Guglhupf (A1400007) Plan Amendment; and

To adopt a Resolution to change the Future Land Use from Medium Density Residential to Commercial.

Recommendations: The staff recommends approval based on the justification and proposed land use designation meeting the four criteria for plan amendments.

Planning Commission recommended approval, based on information provided in the staff report, the applicant’s justification, information heard at the public hearing, and meeting the criteria for plan amendments, 12-0, on March 10, 2015.

(Resource Person: Steven L. Medlin, AICP – 919-560-4137 ext. 28223) (PR# 10379)

18. Zoning Map Change-Guglhupf Parking Expansion (Z1400027)

To conduct a public hearing and receive comments on the zoning map change for Guglhupf Parking Expansion (Z1400027);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z1400027 out of Residential Suburban – 8 (RS-8) and placing same in and establishing same as Commercial General with a development plan (CG(D));

To adopt a Consistency Statement as required by GS 160A-383.

Staff Determination: Staff determines that, should the plan amendment be approved, this request would be consistent with the Comprehensive Plan and other adopted policies and ordinances.

Planning Commission Recommendation and Vote: Approval 12-0 on March 10, 2015. 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 2706 Durham Chapel Hill Boulevard, rear portion of lot fronting on Francis Street between Sarah Avenue and Lexington Street, PIN 0810-08-99-9569].

(Resource Person: Steven L. Medlin, AICP – 919-560-4137 ext. 28223) (PR# 10382)

19. Zoning Map Change-Lakshmi Plaza (Z1400005)

To conduct a public hearing and receive comments on the zoning map change for Lakshmi Plaza (Z1400005);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z1400005 out of Office Institutional (OI) and placing same in and establishing same as Commercial Neighborhood with a development plan (CN(D)); and

To adopt a Consistency Statement as required by GS 160A-383.

Staff Determination: Staff determines that this request is consistent with the Comprehensive Plan and other adopted policies and ordinances.

Planning Commission Recommendation and Vote: Approval 12-0 on March 10, 2015. 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 and the information in the staff report.

[The site is located at 4823 Hopson Road, on the north side of Hopson Road west of NC 54 Highway, PIN 0747-03-34-7391].

(Resource Person: Steven L. Medlin, AICP – 919-560-4137 ext. 28223) (PR# 10380)

20. Consolidated Annexation – Herndon Road Subdivision

To conduct a public hearing and receive comments on the Consolidated Annexation – Herndon Road Subdivision;

To authorize the City Manager to enter into a sewer and water extension agreement with Herndon Partners, LLC;

To adopt an Ordinance Annexing 26.02 acres of Herndon Road Subdivision (case BDG1400007) into the City of Durham effective June 30, 2015;

To adopt an Ordinance Amending the Unified Development Ordinance (case Z1400016A) to establish Residential Rural (RR) zoning for the property; and

To adopt a Consistency Statement as required by NCGS 160A-383.

Recommendations: The staff recommends that the City Council approve the Utility Extension Agreement, Voluntary Annexation Petition, and Initial Zoning.

(Resource Person: Steven L. Medlin, AICP – 919-560-4137 ext. 28223) (PR# 10381)

21. Unified Development Ordinance Text Amendment, Revisions to the Wireless Communication Facilities Ordinance (TC1200013)

To conduct a public hearing and receive comments on the Unified Development Ordinance Text Amendment, Revisions to the Wireless Communication Facilities Ordinance (TC1200013);

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits; Article 5, Use Regulations; and Article 16, Definitions; and

To adopt a Consistency Statement as required per NCGS 160A-383.

Recommendations: The staff recommends approval. The Planning Commission recommended approval, 8-4, on March 10, 2015, with an additional recommendation to reduce the maximum height of freestanding WCFs on RR-zoned property in the Suburban Tier. The Planning Commission determined that the ordinance request is consistent with the adopted Comprehensive Plan and that the request is reasonable and in the public interest based on comments received at the public hearing and the information in the staff report.

(Resource Person: Steven L. Medlin, AICP – 919-560-4137 ext. 28223) (PR# 10383)

22. Street Closing – Willow Street (SC1400018)

To conduct a public hearing and receive comments on the Street Closing – Willow Street (SC1400018); and

To adopt an Order for the permanent closing of a 7,251 square foot portion of Willow Street.

(Resource Person: Steven L. Medlin, AICP – 919-560-4137 ext. 28223) (PR# 10387)

23. Street Renaming – Willow Street (SN1500001)

(This item is not a public hearing)

To adopt a Resolution permanently renaming a portion of Willow Street to Anchor Way.

(Resource Person: Steven L. Medlin, AICP – 919-560-4137 ext. 28223) (PR# 10384)

[Supplemental Items]

24. 2015 First Quarter Summary Crime Report Presentation

To receive a presentation from the Durham Police Department on the 2015 First Quarter Summary Crime Report.

(Resource Person: Chief Jose L. Lopez Sr. – 919-560-4322) (PR# 10377)

[Adjournment]