CITY COUNCIL MEETING Monday, June 1, :00 p.m. City Hall - Council Chambers, First Floor

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1 CALL TO ORDER CITY COUNCIL MEETING Monday, June 1, :00 p.m. City Hall - Council Chambers, First Floor MOMENT OF SILENT MEDITATION PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL ITEMS Carrington Middle School Strings Performance (6:45 pm - 7:00 pm) ANNOUNCEMENTS BY COUNCIL PRIORITY ITEMS BY THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK CONSENT AGENDA 1. Approval of City Council Minutes To approve the City Council Minutes for the April 6, 2015 City Council Meeting and the April 9, 2015 City Council Work Session. (Resource Person: D. Ann Gray ext ) (PR# 10463)

2 2. Recreation Advisory Commission - Appointment To appoint Pandora Simpson to the Recreation Advisory Commission with the term to expire on August 8, (Due to the resignation of Catherine Brennan) (Resource Person: LaVerne V. Brooks ext ) (PR# 10432) 3. Durham Board of Adjustment - Appointment To appoint Michael Kriston as an Alternate Member to the Durham Board of Adjustment with the term to expire on June 30, (Due to the a vacancy) (Resource Person: LaVerne V. Brooks ext ) (PR# 10441) 4. Durham Bicycle and Pedestrian Advisory Commission - Appointment To appoint Esteban Bortiri to the Durham Bicycle and Pedestrian Advisory Commission representing Bicycle Commuting with the term to expire on August 31, (Due to the resignation of Mary Ross) (Resource Person: LaVerne V. Brooks ext ) (PR# 10443) 5. Health Benefits Performance Audit (April 2015) To receive and accept the Health Benefits Performance Audit dated April 2015 as presented and approved at the April 27, 2015 Audit Services Oversight Committee meeting. (Resource Person: Germaine Brewington ext ) (PR# 10433) 6. Audit Basic Financial Statements of the City To approve the contract submitted by the Local Government Commission on behalf of Cherry Bekaert LLP, external auditor. (Resource Person: Germaine Brewington ext ) (PR# 10466)

3 7. Setting Filing Fees for Candidates to Municipal Office To adopt an Ordinance Setting Filing Fees for Candidates to Municipal Office in the City of Durham. (Resource Person: D. Ann Gray ext ) (PR# 10462) Annual Report Bicycle and Pedestrian Advisory Commission To accept the 2014 Annual Report of the Bicycle and Pedestrian Advisory Commission. (Resource Person: Dale McKeel ext ) (PR# 10418) 9. Durham-Chapel Hill Boulevard (Business ) Road Reconfiguration Project To request the North Carolina Department of Transportation reconfigure the pavement markings on Durham-Chapel Hill Boulevard between Chapel Hill Road and University Drive from a fivelane vehicle cross section to a three-lane vehicle cross section consisting of one center turn lane, one travel lane in each direction, one bicycle lane in each direction and bus pull-outs and onstreet parking accommodations. (Resource Person: H. Wesley Parham ext ) (PR# 10456) 10. Speed Hump Policy Revisions To approve the revised City of Durham Speed Hump Policy. (Resource Person: H. Wesley Parham ext ) (PR# 10457) 11. Bid Report- April 2015 To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of April (Resource Person: Jonathan Hawley ext ) (PR# 10448)

4 12. Proposed Sale of 2300 Nevada Avenue by Upset Bid, Parcel ID (City Tract 810) To declare the Subject Property at 2300 Nevada Avenue as surplus; To propose to accept the offer of $32, from B. Wallace Design & Construction, LLC to purchase the property at 2300 Nevada Avenue and advertise for upset bids pursuant to the Upset Bid Procedure (G. S. 160A-269); To authorize the City Manager to accept the bid from the highest responsible bidder at the conclusion of the upset bid process, pursuant to Section 86.3 of the City Charter; and To authorize the City Manager or the Mayor to convey Parcel ID with a non-warranty deed. (Resource Person: Amy Sears ext ) (PR# 10445) 13. Proposed Acquisitions for the West Ellerbee Creek Trail Phase II Project Acquisition of Approximately 0.88 Acres and Grant of Additional Greenway Use of 0.04 Acres of Existing Utility Easement across a Portion of 1510 North Pointe Drive (Parcel ID #126269) To approve the acquisition of approximately 0.88 acres and grant of additional greenway use of 0.04 acres of existing utility easement across a portion of 1510 North Pointe Drive (Parcel #126269) from North Pointe-CGL, LLC for a purchase price of $38,000.00; and To approve the acquisition of approximately 0.27 acres and grant of additional greenway use of 0.4 acres of existing utility easement across a portion of 1515 North Pointe Drive (Parcel #126268) from North Pointe Development Associates, L.P. for a purchase price of $18, (Resource Person: Jessica Kemp ext ) (PR# 10454) 16. This item can be found on the General Business Agenda. 17. Interlocal Agreement between the City of Durham and Durham Public Schools to Fund the Durham Youthwork Internship Program To authorize the City Manager to execute the Interlocal Agreement between the City of Durham and Durham Public Schools to accept the Durham Public Schools Career and Technical Education grant funds for summer internship programs; To authorize the City Manager to execute any related grant documents that may be required for the Interlocal Agreement; and

5 To adopt the Durham YouthWork Internship Program Durham Public School Career and Technical Education Grant Project Ordinance in the amount of $75, (Resource Person: James Dickens ext ) (PR# 10447) 18. Management Agreement for a Public Art Project To authorize the City Manager to execute a contract with Downtown Durham, Inc. for the management of a public art and lighting project on Main Street. (Resource Person: Grace Dzidzienyo ext ) (PR# 10451) 19. Resolution to Support the Upper Neuse River Basin Association (UNRBA) Monitoring for the Re-Examination of the Falls Lake Stage II Goals at the Proposed Funding Level To adopt a Resolution Supporting the UNRBA FY2016 funding level of $896, with a City of Durham contribution of $197, (Resource Person: Michelle Woolfolk ext ) (PR# 10344) 21. Telecommunication License Agreement with Frontier Communication of the Carolinas, LLC To authorize the City Manager to enter into a Telecommunication License Agreement with Frontier Communication of the Carolinas, LLC to install and maintain Telecommunications Facilities within public right-of-way within City limits (Resource Person: Robert N. Joyner ext ) (PR# 10364) These items can be found on the General Business Agenda Public Hearings. GENERAL BUSINESS AGENDA Employee Benefits Recommendations To approve the staff recommendations for benefit vendors, recommendations for the Employee Benefits Program for the plan year September 1, 2015 through August 31, 2016; and

6 To authorize the City Manager to execute the contracts with recommended benefit vendors: Aetna for health insurance; Delta Dental for dental insurance; Reliance Standard Life Insurance for basic and supplemental life, Accidental death and dismemberment, and long term and short term disability; Reliance Standard Life Insurance for stop loss insurance; ComPsych for EAP and work/life benefits; P&A Group for Administration of Consolidated Omnibus Budget Reconciliation Act (COBRA); The Laymon Group for Administration of the medical and dependent care Flexible Spending Account Programs and administration of the City's Healthcare Reimbursement Arrangement; TransAmerica for voluntary benefits (accident, cancer, critical illness, and life and disability insurance); Superior Vision for vision benefits; Liberty Mutual for home, auto, and umbrella; Hyatt Legal for prepaid legal services; and Mattioli and Associates for long term care. (Resource Person: Michele Cash ext ) (PR# 10458) GENERAL BUSINESS AGENDA - PUBLIC HEARINGS 25. Public Hearing on the Proposed FY Budget and FY Capital Improvement Plan (CIP) To conduct a public hearing to receive comments on the proposed FY Budget and FY CIP. (Resource Person: Bertha T. Johnson ext ) (PR# 10446)

7 26. Comprehensive Plan Amendment - Brier Creek Assemblage (A ) To conduct a public hearing to receive comments on the Brier Creek Assemblage (A ) Plan Amendment; and To adopt a Resolution to change the Future Land Use from Commercial and Low Density Residential to Low-Medium Density Residential. 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, 10-0, on April 14, (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10435) 27. Zoning Map Change - Brier Creek Assemblage (Z ) To conduct a public hearing to receive comments on the zoning map change for Brier Creek Assemblage (Z ); property in zoning map change case Z out of Residential Rural (RR) and placing same in and establishing same as Planned Development Residential (PDR 4.793); and 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 10-0 on April 14, 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 506, 507, 511, 623, 703 and 735 Andrews Chapel Road, on the south side of Andrews Chapel Road east of Del Webb Arbors Drive, PINs , DW, , -9553, , ]. (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10436)

8 28. Zoning Map Change Celeste Parking Lot (Z ) To conduct a public hearing to receive comments on the zoning map change for 108 Celeste Parking Lot (Z ); property in zoning map change case Z out of Residential Suburban - 20 (RS-20) and placing same in and establishing same as Office Institutional with a development plan (OI(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 9-2 on April 14, 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 108 Celeste Circle, east side of Celeste Circle and north of NC 54 Highway, PIN ]. (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10437) 29. Zoning Map Change - Parkway Plaza II (Z ) To conduct a public hearing to receive comments on the zoning map change for Parkway Plaza II (Z ); property in zoning map change case Z out of Commercial Center (CC) and Commercial Center with a development plan (CC(D)) and placing same in and establishing same as Commercial Center with a development plan (CC(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 11-0 on April 14, 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.

9 [The site is located at 4215 University Drive, University Drive at Martin Luther King Jr Parkway, PIN ]. (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10438) 30. Zoning Map Change - North Mangum Residential (Z ) To conduct a public hearing to receive comments on the zoning map change for North Mangum Residential (Z ); property in zoning map change case Z out of Commercial General (CG), Residential Urban- 5 (RU-5), and Residential Urban Multifamily (RU-M) and placing same in and establishing same as Commercial Neighborhood (CN), and Residential Urban-Multifamily (RU- M); 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 10-1 on April 14, 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 809 and 811 North Mangum Street and 804 Glendale Avenue, with frontage on North Mangum Street and Glendale Avenue, North of West Corporation Street and opposite Mission Place, PINs , -9610, 8600]. (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10439) 31. Zoning Map Change - Circle K at Duke Street (Z ) To conduct a public hearing to receive comments on the zoning map change for Circle K at Duke Street (Z ); property in zoning map change case Z out of Office and Institutional (OI) and Office and Institutional with a Development Plan (OI(D)) and placing same in and establishing same as Mixed Use with a Development Plan (MU(D)); and To adopt a consistency statement as required by GS 160A-383.

10 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 9-2 on April 14, 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 3208 North Roxboro Street, at the northeast quadrant of Duke Street at Frasier Street, PIN ; ]. (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10440) 32. Consolidated Annexation Hopson Road Self-Storage Center To conduct a public hearing to receive comments on the Consolidated Annexation Hopson Road Self-Storage Center; To authorize the City Manager to enter into a water and sewer extension agreement with Stackhouse Properties, LLC; To adopt an Ordinance Annexing the Hopson Road Self-Storage Center development (case BDG ) into the City of Durham effective June 30, 2015; To adopt a Resolution to change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Office to Commercial (case A ); property in zoning map change case Z out of Industrial Light with a development plan (IL(D)), Residential Rural (RR) and Commercial Neighborhood (CN) (County Jurisdiction) and placing same in and establishing same as Industrial Light with a development plan (IL(D)) and Commercial General with a development plan (CG(D)) (City Jurisdiction); 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, Plan Amendment, and Zoning Map Change. (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10442)

11 33. Street Closing Ridgeway Road and Ridgeway Court (SC , -2) To conduct a public hearing to receive comments on the Street Closing Ridgeway Road and Ridgeway Court (SC ,-2); and To adopt an order for the permanent closing of 87,021 square feet of public right-of-way. (Resource Person: Steven L. Medlin - AICP, ext ) (PR# 10449) ADJOURNMENT

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