CITY COUNCIL MEETING Monday, April 6, :00 p.m. Council Chambers City Hall

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1 CALL TO ORDER CITY COUNCIL MEETING Monday, April 6, :00 p.m. Council Chambers City Hall MOMENT OF SILENT MEDITATION PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL ITEMS ANNOUNCEMENTS BY COUNCIL 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 March 2, 2009 City Council Meeting; and To approve City Council action taken at the February 19, 2009 City Council Work Session. (Resource Person: D. Ann Gray 4166) (PR# 6004)

2 2. Durham Historic Preservation Commission - Appointment To appoint Tiffany Elder to the Durham Historic Preservation Commission to represent Developer/Builder with the term to expire on September 1, Note: At the Work Session on March 19, 2009, Ms. Elder received seven (7) votes. (Due to the resignation of Diane L. Oxley) (Resource Person: LaVerne V. Brooks 4166) (Attachment #2-3 pages) (PR# 5996) 3. Durham City-County Appearance Commission - Appointment To appoint Todd M. Parrott to the Durham City-County Appearance Commission with the term to expire on April 1, Note: At the Work Session on March 19, 2009, Mr. Parrott received seven (7) votes. (Due to the term expiring of Shannon Currey) (Resource Person: LaVerne V. Brooks 4166) (Attachment #3-3 pages) (PR# 5997) 4. Durham Planning Commission - Reappointment To reappoint Jarrod Edens to the Durham Planning Commission to represent At-Large with the term to expire on June 30, Note: At the Work Session on March 19, 2009, Mr. Edens received seven (7) votes. (Due to the term expiring of Jarrod Edens) (Resource Person: LaVerne V. Brooks 4166) (Attachment #4-4 pages) (PR# 5998) 5. Durham Bicycle & Pedestrian Advisory Commission - Appointment To appoint Merry G. Rabb to the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, Note: At the Work Session on March 19, 2009, Ms. Rabb received seven (7) votes. (Due to the expired term of Merry G. Rabb) (Resource Person: LaVerne V. Brooks 4166) (Attachment #5-5 pages) (PR# 5999) - 2 -

3 6. Passenger Vehicle for Hire Commission - Reppointments To reappoint Danny Blackwell (representing Elderly) and Amy Shaw (representing Handicapped) to the Passenger Vehicle for Hire Commission with the terms to expire on January 1, Note: At the Work Session on March 19, 2009, Mr. Blackwell received seven (7) votes and Ms. Shaw received five (5) votes. (Due to the terms expiring of Danny Blackwell and Amy Shaw) (Resource Person: LaVerne V. Brooks 4166) (Attachment #6-6 pages) (PR# 6000) 7. Recreation Advisory Commission - Appointment To appoint Ashley Thomas to the Recreation Advisory Commission for a person with a disability with the term to expire on August 8, Note: At the Work Session on March 19, 2009, Ms. Thomas received seven (7) votes. (Due to a vacancy) (Resource Person: LaVerne V. Brooks 4166) (Attachment #7-3 pages) (PR# 6001) 8. Human Relations Commission - Receive and Accept an Application To receive and accept an application for a citizen to fill one (1) vacancy on the Human Relations Commission for a Non-Minority Male with the term to expire on June 30, (Due to the expired term of Mickey Brown) (Resource Person: LaVerne V. Brooks 4166) (Attachment #8-3 pages) (PR# 6002) 9. Cable TV Advisory Board - Appointment To appoint Timothy D. Crone to the Cable TV Advisory Board with the term to expire on October 31, Note: At the Work Session on March 19, 2009, Mr. Crone received seven (7) votes. (Due to a vacancy) (Resource Person: LaVerne V. Brooks 4166) (Attachment #9-3 pages) (PR# 6026) - 3 -

4 10. Durham Open Space & Trails Commission - Appointment To appoint Esau A. Eatman to the Durham Open Space & Trails Commission to represent At- Large with the term to expire on June 30, Note: At the Work Session on March 19, 2009, Mr. Eatman received seven (7) votes. (Due to a vacancy) (Resource Person: Laverne V. Brooks 4166) (Attachment #10-3 pages) (PR# 5995) 11. Bid Report - February 2009 To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of February (Resource Persons: Joseph W. Clark and Lynette McRae 4132) (Attachment #11-3 pages) (PR# 5992) 12. Street Closing - 80 Linear Feet of Conyers Avenue (SC ) To adopt a Resolution to set a public hearing on the proposed closing of 80 linear feet of Conyers Avenue for May 4, (Resource Person: Steven L. Medlin, AICP 4137 ext. 223) (Attachment #12-5 pages) (PR# 5973) 14. Resolution Memorializing Nathaniel Bradshaw White, Sr. To adopt a Resolution Memorializing Nathaniel Bradshaw White, Sr. (Resource Person: Council Member Howard Clement, III ) (Attachment #14 1 page) (PR# 6008) 15. Subrecipient Contract Operation Breakthrough Weatherization Program To authorize the expenditure of $75, of CDBG Funds; To authorize the City Manager to execute a subrecipient contract with Operation Breakthrough, Inc., to support the Weatherization/Energy Efficient Conservation Program; and - 4 -

5 To authorize the City Manager to make changes to the contract that do not increase the contract amount, lessen the contractor s duties or extend the contract period. (Resource Person: Donald R. Ham 4570) (Attachment #15-21 pages) (PR# 6021) 16. Amendment to the City of Durham Employment and Training Grant Project Ordinance #13743 To authorize the City Manager to accept the Employment and Training Grant by executing the grant documents; and To adopt the Employment and Training Grant Project Ordinance FY in the amount of $1,578, superseding Grant Project Ordinance # (Resource Person: Nicholas McCoy 4965 ext ) (Attachment #16-6 pages) (PR# 6012) 17. Amendment to Contract with Liberty Arts, Inc. for Design and Installation of Marker Series for Historic Parrish Street To authorize the City Manager to execute an amendment to increase the contract amount by $8, from $100, to $108,000.00; To extend the original contact time by 120 days from the date of the amendment with Liberty Arts, Inc.; and To authorize the City Manager to make changes to the contract amendment as long as the changes do not increase the amount of the contract amendment nor reduce the services to be provided to the City. (Resource Person: Chris Dickey 4965 ext. 204) (Attachment #17-7 pages) (PR# 6025) 18. Electronic Bid Advertisements To adopt a Resolution Authorizing Advertisement and Notice Solely by Electronic Means. (Resource Person: Joseph W. Clark 4132) (Attachment #18-4 pages) (PR# 5990) 20. Multi-Site Park Renovations - Capital Project Ordinance Amendment being Ordinance #13632, for the purpose of increasing the total appropriation to Lake Michie Park by $92,566.00; - 5 -

6 being Ordinance #13632, for the purpose of increasing the total appropriation to Morreene Road Park by $95,000.00; being Ordinance #13632, for the purpose of increasing the total appropriation to Sherwood Park by $248,000.00; being Ordinance #13632, for the purpose of increasing the total appropriation to West Point on the Eno by $96,400.00; being Ordinance #13632, for the purpose of decreasing the total appropriation to Garrett Road Park by $119,000.00; being Ordinance #13632, for the purpose of decreasing the total appropriation to Grant Street Park by $163,937.00; being Ordinance #13632, for the purpose of decreasing the total appropriation to Shady Oaks Park by $66,376.00; being Ordinance #13632, for the purpose of decreasing the total appropriation to Twin Lakes Park by $114,000.00; and being Ordinance #13632, for the purpose of decreasing the total appropriation to White Oak Park by $68, (Resource Person: Marilee Martin 4197 ext. 285) (Attachment #20-9 pages) (PR# 5981) 22. Extension of Deadline for Use and Possession Agreement between the City and Calvary Ministries of the Westend, Inc. To authorize the City Manager to negotiate and execute an amendment to the original contract with Calvary Ministries of the Westend, Inc. to extend the deadline for the creation of the Use and Possession Agreement for the Community Family Life and Recreation Center at Lyon Park; and - 6 -

7 To authorize the City Manager to modify the contract 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 contract. (Resource Person: Ruben Wall 4355) (Attachment #22-5 pages) (PR# 6018) 23. Use of Controlled Substance Tax Distribution Funds and Federal Asset Forfeiture Funds To authorize the Use of Controlled Substance Funds and Federal Asset Forfeiture Funds in an amount not to exceed $331, (Resource Person: Ed Sarvis 4322) (Attachment #23-7 pages) (PR# 5977) 24. Intelligent Transportation Systems (ITS) Strategic Deployment Plan (SDP) Grant Project Ordinance Superseding Ordinance #13568 To authorize the City Manager to accept the City of Durham, City of Raleigh and North Carolina Department of Transportation Intelligent Transportation Systems (ITS) Strategic Deployment Plan (SDP) Grant by executing the grant documents; and To adopt the City of Durham, City of Raleigh and North Carolina Department of Transportation Intelligent Transportation Systems (ITS) Strategic Deployment Plan (SDP) Grant Project Ordinance Superseding Grant Project Ordinance # (Resource Person: Felix Nwoko 4366) (Attachment #24-5 pages) (PR# 5965) 25. Tape Library System Lease with De Lage Landen Financial Services To authorize the City Manager to execute a new lease agreement with De Lage Landen Financial Services for a Quantum Scalar i500 tape library system in the amount of $20, annually for four (4) years, for a total of $82,464.00; 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: Bill Hess 4122 ext ) (Attachment #25-12 pages) (PR# 5986) - 7 -

8 26. Server Leasing Agreement with Dell Marketing L.P. To authorize the City Manager to execute a four-year lease agreement with Dell Marketing L.P. for four Dell servers and one Dell Power Vault Tape Drive in the amount of $9, annually for four (4) years, for a total of $39,060.16; 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: Bill Hess 4122 ext ) (Attachment #26-22 pages) (PR# 5987) 27. Ordinance to Change Geographic Information System (GIS) Fee Structure To adopt an Ordinance to Change Geographic Information System Fee Structure. (Resource Person: Michi Wagner 4057) (Attachment #27-4 pages) (PR# 6016) Those items can be found on the General Business Agenda Public Hearings Those items can be found on the General Business Agenda Public Hearings. GENERAL BUSINESS AGENDA - PUBLIC HEARINGS 31. Ordering Improvement Sidewalk on University Drive (East Side) from Durham- Chapel Hill Boulevard to West Forest Hills Drive To receive public comments on the following proposed improvement; and To adopt a resolution ordering the below improvement: Sidewalk on University Drive (East Side) from Durham-Chapel Hill Boulevard to W. Forest Hills Drive (Resource Persons: Edward R. Venable and Nathan L. McHenry 4326) (Attachment #31-5 pages) (PR# 5980) 32. Public Hearing on Draft FY Annual Action Plan - 8 -

9 To receive public comments on the Draft FY Annual Action Plan for the use of CDBG, HOME and ESG funds. (Resource Person: Wilmur Conyers 4570 ext. 277) (Attachment #32-8 pages) (PR# 5985) 33. Plan Amendment Eno Drive at West Point on the Eno (A ) To receive public comments on the Eno Drive at West Point on the Eno (A ) 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, AICP 4137 ext. 223) (Attachment #33-11 pages) (PR# 5991) 34. Zoning Map Change Eno Drive at West Point on the Eno (Z07-47) To receive public comments on the zoning map change for Eno Drive at West Point on the Eno (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

10 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, 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: , ] (Resource Person: Steven L. Medlin, AICP 4137 ext. 223) (Attachment #34-23 pages) (PR# 6005) 35. Zoning Map Change Reconciliation United Methodist Church (Z ) To receive public comments on the zoning map change for Reconciliation United Methodist Church (Z ); To adopt an ordinance amending the Unified Development Ordinance by taking the described property in zoning map change case Z out of CC(D) and placing same in and establishing same as CG(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, 13 0 on February 10, 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, comments

11 received during the public hearing, and an additional committed element proffered by the applicant. [The site is located at 518 Marin Luther King, Jr. Parkway, northeast corner of its intersection with Fayetteville Road. PINs: ] (Resource Person: Steven L. Medlin, AICP 4137 ext. 223) (Attachment #35-22 pages) (PR# 6015) 36. Street Closing 295 Linear Feet of Sumter Street (SC ) To receive public comments 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, AICP 4137 ext. 223) (Attachment #36-11 pages) (PR# 5900) 37. Street Closing 1,067 Linear Feet of Maxwell Street (SC ) To receive public comments 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, AICP 4137 ext. 223) (Attachment #37-11 pages) (PR# 5901) 43. Zoning Map Change New Middle School - Treyburn (Z ) To receive public comments on the zoning map change for New Middle School - Treyburn (Z ); To adopt an ordinance amending the Unified Development Ordinance by taking the described property in zoning map change case Z out of PDR 2.240; F/J-B (partial) and M/LR-A (partial) and placing same in and establishing same as RR; F/J-B (partial) and M/LR-A (partial); 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

12 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, 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 north of Snow Hill Road, west of Vintage Hill Parkway. PINs: , , ] (Resource Person: Steven L. Medlin, AICP 4137 ext. 223) (Attachment #43-27 pages) (PR# 5975) 44. Proposed City Charter Amendment to Change the Process of Conducting Durham Municipal Elections To receive public comments regarding a proposal to amend the Durham City Charter to change the current Durham municipal election process from the non-partisan primary and non-partisan election method to the non-partisan plurality election method. (Resource Person: Patrick W. Baker 4158 ext. 241) 45. Proposal between Burt s Bees, Inc. and the City of Durham Regarding Incentives for Job Creation and Retention in a Community Development Area To conduct a public hearing and receive public comments regarding the proposal between Burt s Bees, Inc. and the City of Durham regarding incentives for job creation and retention in a community development area; To authorize the City Manager to execute a contract between Burt s Bees, Inc. and the City of Durham in an amount not to exceed $138, for incentives for job creation and retention in a community development area; and To authorize the City Manager to make changes as may be needed so long as they do not increase the amount to be paid by the City nor reduce the benefits to be gained by the City

13 (Resource Person: Kevin Dick 4965) (Attachment #45 35 pages) (PR# 6059) 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 a City program, service, or activity, should contact the office of Stacey Poston, Acting ADA Coordinator, Voice: at ext. 254, TTY: ; stacey.poston@durhamnc.gov, as soon as possible but no later than 48 hours before the scheduled event