City Council Work Session Agenda
November 10, 2011
Committee Room, Second Floor

1. Approval of City Council Minutes

To approve City Council minutes for the October 6, 2011 City Council Work Session and October 17, 2011 City Council Meeting; and

To approve City Council minutes for the following Special City Council Meetings: August 4, 2011, August 15, 2011, August 18, 2011, September 6, 2011, September 19, 2011 and October 6, 2011.

(Resource Person: D. Ann Gray – 4166 ext. 12267) (PR# 8098)

2. FY 2011-2012 Subrecipent Contract – The Historic Preservation Foundation of North Carolina

To authorize the expenditure of up to $125,000.00 in Community Development Block Grant (CDBG) funds; and

To authorize the City Manager to execute a CDBG Subrecipient contract with the Historic Preservation Foundation of North Carolina, Inc. in an amount up to $125,000.00 in gap financing to renovate 106 North Driver Street and 1918 Hart Street.

(Resource Person: Tamesha Thompson-Eleanya – 4570 ext. 22225) (Attachment #2 – 22 pages) (PR# 8097)

3. Resolution Establishing a Public Art Policy

To adopt a Resolution Establishing a Public Art Policy.

(Resource Person: Kevin Dick – 919-475-3880) (Attachment #3 – 9 pages) (PR# 8103)

4. Fund Balance Policy for General Fund and Operating Reserve Requirement for Water and Sewer Fund

To adopt a Resolution Superseding Resolution #8571, adopting a Policy Specifying the Level of Fund Balance in the General Fund and the Level of Operating Reserves in the Water and Sewer Fund.

(Resource Person: David Boyd – 1321 ext. 18229) (Attachment #4 – 5 pages) (PR# 8089)

5. Third Party Administrator Services for Property-Liability Claims

To authorize the City Manager to execute a contact with NC League of Municipalities at a per claim rate for one year beginning December 1, 2011 with the option to renew for two additional one year periods at an average total contract amount of $244,800.00 for three years;

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

To authorize the City Manager to annually exercise the option to renew and amend the contract upon determining that the contractor’s performance has been satisfactory.

(Resource Person: Ann-Marie Sharpe – 919-354-2740) (Attachment #5 – 12 pages) (PR# 8105)

6. Tower License Agreement with New Cingular Wireless PCS, LLC to Attach Cellular Antenna to the City’s Cole Mill Road Radio Tower – 1701 Cole Mill Road – Parcel ID #174121

To authorize the City Manager to execute the Tower License Agreement with New Cingular Wireless PCS, LLC to attach antennas to the Cole Mill Road Radio Tower and make related improvements at 1701 Cole Mill Road, Parcel ID #174121.

(Resource Person: David Fleischer – 4197 ext. 21288) (Attachment #6 – 25 pages) (PR# 8095)

7. 2012 City Council Meeting Schedule

To approve the 2012 City Council Meeting Schedule; and

To adopt an Ordinance Cancelling the Regular City Council Work Session and Regular City Council Meeting July 5, 2012 and July 16, 2012.

(Resource Person: Karmisha R. Wallace – 4222 ext. 11228) (Attachment #7 – 4 pages) (PR# 8107)

8. Interlocal Agreement with Orange County for Construction and Operation of Water and Sewer Facilities in the Eno Economic Development Area of Orange County

To authorize the City Manager to execute an Interlocal Agreement with Orange County to construct and operate a Water and Sewer Facility in the Eno Economic Development District of Orange County.

(Resource Person: Theodore L. Voorhees – 4222 ext. 11231) (Attachment #8 – 9 pages) (PR# 8111)

9. Update on Hillandale Golf Course

To receive an update on Hillandale Golf Course.

(Resource Person: Thomas J. Bonfield – 4222) (Attachment #9 – 41 pages) (PR# 8112)

10. American Recovery and Reinvestment Act (ARRA) Contract SW-25 - Contract Amendment No. 2 for Construction Inspection and Testing Services

To authorize the City Manager to execute a contract amendment for Construction Inspection and Testing Services for SW-25 with AECOM Technical Services of NC Incorporated in the amount not to exceed $35,000.00 for a total contract amount of $383,357.94.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #10 – 2 pages) (PR# 8099)

11. American Tobacco Trail Funding and Schedule

To receive a report on funding and schedule of the American Tobacco Trail Project.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #11 – 2 pages) (PR# 8102)

12. DurhamWalks! Pedestrian Plan Revised Sidewalk Corridor Rankings and Unfunded Sidewalk Construction Priority List

To receive a report, review and adopt the Unfunded Sidewalk Construction Priority List.

(Resource Person: Dale McKeel – 4366 ext. 36421) (Attachment #12 – 16 pages) (PR# 8104)

13. 2011 Job Access Reverse Commute (JARC) & New Freedom (NF) Grant Project Ordinances

To authorize the City Manager to accept the City of Durham and US Department of Transportation – Federal Transit Administration – Section 5316, Job Access Reverse Commute (JARC) Grant by executing the grant documents;

To adopt the City of Durham and US Department of Transportation – Federal Transit Administration – Section 5316, Job Access Reverse Commute (JARC) Grant Project Ordinance, in the amount of $615,669.00;

To authorize the City Manager to accept the City of Durham and US Department of Transportation – Federal Transit Administration – Section 5317, New Freedom Grant by executing the grant documents; and

To adopt the City of Durham and US Department of Transportation – Federal Transit Administration – Section 5317, New Freedom Grant Project Ordinance, in the amount of $253,260.00.

(Resource Person: Felix Nwoko – 4366 ext. 36424) (Attachment #13 – 9 pages) (PR# 8100)

14. Stormwater Private Drainage Assistance Program

To receive a presentation on possible expansion of the existing Stormwater Private Property Assistance Program (Chapter 70, Article VIII Durham City Code).

(Resource Person: Paul Wiebke – 4326 ext. 30239) (Attachment #14 – 17 pages) (PR# 8073)

15. 2010 Annual Report – Bicycle and Pedestrian Advisory Commission

To receive a presentation on the 2010 Annual Report of the Bicycle and Pedestrian Advisory Commission.

(Resource Person: Dale McKeel – 4366 ext. 36421) (Attachment #15 – 12 pages) (PR# 8101)

16. Public Hearing to Consider Ordering a Sidewalk on Yorktown Avenue

To conduct a public hearing and receive public comments to Consider Ordering a Sidewalk on Yorktown Avenue; and

To accept a Certificate of Sufficiency from the Manager of Engineering and Stormwater for the petition;

To adopt a Preliminary Resolution on Proposed Local Improvements; and

To adopt a Final Resolution Ordering the Making of Local Improvements, specifically Sidewalk on Yorktown Avenue (West Side) - from Martin Luther King, Jr. Blvd. Northeast to Northeast Property Line of PIN 0729-01-05-9585.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #16 – 10 pages) (PR# 8094)

17. Comprehensive Plan Amendment – Cardinal Oaks (A1000010)

To conduct a public hearing and receive public comments on the Cardinal Oaks (A1000010) 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 Institutional to Low Density Residential (4 DU/Ac. or Less).

Recommendations: The staff recommends approval, based on the justification and the request meeting the four criteria for plan amendments. The Planning Commission recommended denial, based on information provided in the staff report, the justification, and not meeting the four criteria for plan amendments, on an 8-3 vote on September 13, 2011.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #17 – 12 pages) (PR# 8082)

18. Zoning Map Change – Cardinal Oaks (Z1000014)

To conduct a public hearing and receive public comments on the zoning map change for Cardinal Oaks (Z1000014);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z1000014 out of Residential Rural (RR), Planned Development Residential – 2.980 (PDR 2.980); F/J-B and placing same in and establishing same as Planned Development Residential 3.840 (PDR 3.840); 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, should the plan amendment be approved, 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, should the plan amendment be approved, this request is consistent with the Comprehensive Plan and other adopted policies and ordinances.

Planning Commission Recommendation and Vote: Denial, 8 – 3 on September 13, 2011. 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 not reasonable nor in the public interest and recommends denial based on problems of traffic congestion and inadequate transportation infrastructure, excessive impact on school facilities, and opposition from the community.

[The site is located on the south side of Cheek Road, west of Fletchers Chapel Road. PIN: 0852-02-45-4380, -54-2858 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #18 – 33 pages) (PR# 8086)

19. Golden Belt Manufacturing Complex II Local Historic Landmark (LD1100001)

To adopt an Ordinance of Designation for the Golden Belt Manufacturing Complex II Local Historic Landmark.

The staff recommends approval of designating both the structures and the land. The Historic Preservation Commission recommends approval of designating both the structure and the land (7-0, October 13, 2011).

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 28223) (Attachment #19 – 70 pages) (PR# 8096)