City Council Work Session Agenda
December 21, 2010
Committee Room, Second Floor

The Mayor calls the meeting to order at 1:00 pm.

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[Roll Call]

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

[Administrative Consent Items]

City Clerk’s Office

1. Approval of City Council Minutes

To approve City Council minutes for the December 6, 2010 City Council Meeting.

(Resource Person: D. Ann Gray – 4166 ext. 12267) (PR# 7504)

2. Equal Business Opportunity Program Advisory Committee - Applications

To appoint one (1) citizen to the Equal Business Opportunity Program Advisory Committee representing SDBE Non-Professional Services Firm Owner with the term to expire on April 1, 2011.

(Due to the resignation of Charlene Justice-Bass)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #2 – 5 pages) (PR# 7494)

3. Design District Review Team – Appointment

To appoint a citizen to fill one (1) vacancy on the Design District Review Team as a Landscape Architect with the term to expire on January 31, 2013.

(Due to the term expiring of Chris Brasier)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #3 – 6 pages) (PR# 7495)

4. Durham City-County Environmental Affairs Board – Appointment

To appoint a citizen to fill one (1) vacancy on the Durham City-County Environmental Affairs Board to represent Energy with the term to expire on June 1, 2012.

(Due to the resignation of James Stivers)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #4 – 3 pages) (PR# 7497)

5. Durham Open Space & Trails Commission – Appointment

To appoint a citizen to fill one (1) vacancy on the Durham Open Space & Trails Commission to represent At-Large with the term to expire on June 30, 2011.

(Due to the resignation of David Sokal)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #5 – 3 pages) (PR# 7499)

6. Recreation Advisory Commission – Appointment

To appoint a citizen to fill one (1) vacancy on the Recreation Advisory Commission with the term to expire on August 8, 2010.

(Due to the resignation of Kim Anglin)

(Resource Person: LaVerne V. Brooks – 4166 ext. 12264) (Attachment #6 – 3 pages) (PR# 7512)

Finance Department

7. Bid Report – November 2010

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of November 2010.

(Resource Person: Joseph W Clark – 4132 ext. 18222) (Attachment #7 – 4 pages) (PR# 7501)

8. Piggyback Purchase – Two (2) Low Entry Cab and Chassis

To authorize the City Manager to enter into a contract with Southern Truck Service, Inc. in the amount of $265,050.00, to purchase two Low Entry Cab and Chassis.

(Resource Persons: Joseph Clark – 4132 and Clayton Hearne – 4101) (Attachment #8 – 5 pages) (PR# 7502)

Police Department

9. Sole Source Purchase – Rayfish® Surveillance Equipment

To authorize the purchase of RayFish® Surveillance Equipment without competitive bidding as authorized by G.S. 143-129 (e) (6) "on the grounds that the product is available from only one source of supply"; and

To authorize the City Manager to enter into a contract with Harris Corporation – Wireless Products Group, in the amount of $228,849.00 for providing the city with Rayfish® Surveillance Equipment.

(Resource Person: Steve Mihaich – 4322 ext. 29204) (Attachment #9 – 6 pages) (PR# 7503)

[Departmental Items]

Community Development Department

10. Approval of Contract Amendment #3 between the City of Durham and Clean Energy Durham, Inc. for Residential Energy Efficiency Improvement Project

To authorize the City Manager to execute a contract amendment in the amount of $31,540.00 with Clean Energy Durham, Inc., to provide additional Project Management and Outreach Services under the Energy Efficiency and Conservation Block Grant (EECBG) Residential Energy Efficiency Program.

(Resource Person: Aaron Milano – 4570 ext. 22231) (Attachment #10 – 8 pages) (PR# 7500)

Parks And Recreation Department

11. 2010-2011 NC Department of Environment and Natural Resources Adopt-A-Trail Grant

To authorize the City Manager to accept the City of Durham 2010-2011 Adopt-A-Trail Grant by executing the grant documents; and

To adopt the City of Durham 2010-2011 NC Department of Environment and Natural Resources Adopt-A-Trail Grant Project Ordinance in the amount of $3,245.00.

(Resource Person: Annette L. Smith – 4355 ext. 27214) (Attachment #11 – 19 pages) (PR# 7508)

Public Works Department

12. License Agreement with Ellerbe Creek Preserve Homeowners Association, Inc. for Landscaping within Traffic Circle

To authorize the City Manager to enter into a License Agreement with Ellerbe Creek Preserve Homeowners Association, Inc. for landscaping within the traffic circle intersection of Golden Crest Drive and Sweet Gale Drive.

(Resource Persons: Edward Venable and Robert Joyner – 4326) (Attachment #12 – 7 pages) (PR# 7490)

13. Contract ST-243, City Hall Plaza Street Improvements Project

To authorize the City Manager to execute a contract for ST-243, City Hall Plaza Street Improvements Project with Lanier Construction Company, Incorporated in the amount of $865,599.25;

To establish a contingency fund in the amount of $129,839.89 (15%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $865,599.25 and the total project cost does not exceed $995,439.14.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #13 – 2 pages) (PR# 7507)

Department of Transportation

14. Annual Extension of Municipal Maintenance Traffic Signals Agreement Schedule C

To authorize the City Manager to execute annual extension agreements to the Municipal Maintenance Traffic Control Devices Traffic Signals Agreement Schedule C, executed February 16, 2010, up to a total contract duration of five years; and

To authorize the City Manager to execute mutually agreeable annual reimbursement rate adjustments up to three (3) percent per annum.

(Resource Person: Phil Loziuk – 4366 ext. 36434) (Attachment #14 – 27 pages) (PR# 7509)

[Public Hearings]

City-County Planning Department

15. Street Closing – 482 Square Feet of Ida Street (SC1000004)

To conduct a public hearing on the permanent closing of 482 square feet of Ida Street, the northern terminus of Ida Street north of Guess Road; and

To adopt an Order permanently closing 482 square feet of Ida Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #15 – 11 pages) (PR# 7505)

16. Zoning Map Change – Arringdon II (Z0900015)

To conduct a public hearing and receive public comments on the zoning map change for Arringdon II (Z0900015);

To adopt an Ordinance amending the Unified Development Ordinance by taking the described property in zoning map change case Z0900015 out of Mixed Use with a development plan (MU(D)) and placing same in and establishing same as Mixed Use with a development plan (MU(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, 7 – 5 on November 9, 2010. 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 additional commitments proffered by the applicant.

[The site is located at 5601 Arringdon Park Drive, located at the intersection of Arringdon Park Drive and Page Road, north of Interstate-40 and south of Comstock Road. PINs: 0747-02-96-4397, 0747-02-96-7475, 0747-02-96-6161, 0747-01-96-9534, 0747-01-96-9192, 0757-01-06-1274, 0757-01-06-3834, 0757-01-06-5655, 0757-01-06-9581, 0757-01-16-5549, 0757-01-16-7890, 0757-01-16-9552, 0757-01-16-6159, 0757-03-15-6623, 0757-03-14-0752, 0757-03-05-7456]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #16 – 56 pages) (PR# 7506)

17. Southwest Durham Urban Growth Area Boundary Amendment

To conduct a public hearing and receive public comments on the proposed amendment to the Urban Growth Area boundary; and

To adopt a Resolution Amending the Urban Growth Area boundary to include all or portions of the properties identified as PINs 0717-03-21-9302, 0717-03-20-7945, 0717-03-30-5690, 0717-03-31-9934, 0717-03-41-2341, 0717-04-40-6984, 0717-03-44-2004, 0717-03-34-0901, 0717-03-31-6712, 0717-04-32-9923, 0717-03-41-3705, 0717-03-44-0374, 0717-03-40-2109, and 0717-03-40-3295.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #17 – 7 pages) (PR# 7513)

18. Utility Extension Agreement with Southern Durham Development, Inc. for 751 Assemblage

(This is not a Public Hearing)

To authorize the City Manager to enter into a utility extension agreement with Southern Durham Development, Inc. to serve a Project to be approved by Council after a vote on annexation and zoning. (Resource Persons: Edward Venable and Robert Joyner – 4326) (Attachment #18 – 19 pages) (PR# 7511)

[Citizens’ Matters – To Be Heard at 1:00 p.m.]

19. Eno River Association

To receive comments from Robin Jacobs regarding Holiday Greetings and the Eno River Association 2011 calendars.

(Resource Person: Robin Jacobs – 919-620-9099 ext. 202) (Attachment #19 – 1 page) (PR# 7514)

20. Bentwood Park Condominium Association

To receive comments from Robert J. Stauffenberg regarding the Owners Association delinquent water bill.

(Resource Person: Robert J. Stauffenberg – 919-383-4420) (Attachment #20 – 7 pages) (PR# 7516)

[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.