City Council Meeting Action Agenda
December 17, 2012
Council Chambers, First Floor

Present:

Mayor William V. Bell.
Mayor Pro Tempore Cora Cole-McFadden and Council Members
Eugene Brown
Diane Catotti
Howard Clement, III
Steve Schewel
Mike Woodard

Absent: None

Disclaimer: All information on the website is subject to tampering and unauthorized changes without the knowledge of the City of Durham. Minutes are available after City Council approval. Contact the City Clerk’s Office at 919-560-4166.

[Consent Agenda]

1. Approval of City Council Minutes

To approve City Council minutes for the October 18, 2012 City Council Work Session, November 5, 2012 City Council Meeting, November 8, 2012 City Council Work Session and November 19, 2012 City Council Meeting. [Approved – Vote 7/0]

(Resource Person: D. Ann Gray – 919-560-4166 ext. 12267) (PR# 8889)

2. Raleigh-Durham Airport Authority – Appointment

To reappoint Robert D. Teer, Jr. as a Mayor’s Appointee to the Raleigh-Durham Airport Authority with the term to expire on January 1, 2015. [Approved – Vote 7/0]

(Resource Person: LaVerne V. Brooks – 919-560-4166 ext. 12264) (PR# 8896)

3. Human Relations Commission – Appointment

To appoint Adrian J. Mack to the Human Relations Commission to represent a Minority Male with the term to expire on June 30, 2015. [Approved – Vote 7/0]

(Due to the resignation of James Daniels)

(Resource Person: LaVerne V. Brooks – 919-560-4166 ext. 12264) (PR# 8894)

4. Ordinance to Revise Restrictions on Soliciting Motor Vehicles in Roadways and to Restrict Use of Median

To adopt an Ordinance to Revise Restrictions on Soliciting Motor Vehicles in Roadways and to Restrict Use of Medians;

To adopt an Ordinance Repealing Median Permit Fee; and

To adopt a Resolution Repealing Median Permit Fee. [Approved – Vote 7/0]

(Resource Person: Thomas J. Bonfield – 919-560-4222) (PR# 8908)

5. Approval of Changes to the Draft 2012 Analysis of Impediments to Fair Housing Choice (AI)

To adopt the 2012 Analysis of Impediments to Fair Housing Choice (AI). [Approved – Vote 7/0]

(Resource Person: Wilmur Conyers – 4570 ext. 22277) (PR# 8905)

8. Ordinance to Accept Partnership for a Healthier America, Inc. Grant of $50,000.00 for the Open Streets Program

To authorize the City Manager to accept the Partnership for a Healthier America Play Streets City of Durham FY 2012-2013 Grant by executing the grant documents; and

To adopt the Partnership for a Healthier America Play Streets City of Durham FY 2012-2013 Grant Project Ordinance in the amount of $50,000.00. [Approved – Vote 7/0]

(Resource Person: Gary Richards – 919-560-1647 ext. 34262) (PR# 8917)

9. Lease of Non-Residential Property and Contract for Service – Youth Education for Savings Consortium, Inc.

To authorize the City Manager to execute the Lease for Non-Residential Property and contract for Service with Youth Education for Savings Consortium, Inc. [Approved – Vote 7/0]

(Resource Person: Parvin Neloms – 919-560-4355 ext. 27236) (PR# 8901)

10. Request to Amend Article IV Chapter 50 of the Durham City Code and Related Ordinance Setting Schedule of Nonconsensual Towing Fees for Police Initiated and Other Tows

To adopt an Ordinance to Amend the City Code Regarding Regulation of Tow Truck Operators;

To adopt an Ordinance Setting Schedule of Nonconsensual Towing Fees for Police Initiated Tows and Other Tows, and Wrecker Dispatch Fee; and

To adopt a Resolution Repealing the Current Schedule of Nonconsensual Towing Fees and Wrecker Dispatch Fee. [Approved – Vote 7/0]

(Resource Person: Chief Jose L. Lopez, Sr., – 919-560-4322) (PR# 8918)

11. Contract SD-2012-05 Old North Durham Park Infrastructure Improvements

To authorize the City Manager to execute a contract for SD-2012-05, Old North Durham Park Infrastructure Improvements, with Hine Sitework, Inc. in the amount of $640,917.96;

To establish a contingency fund in the amount of $96,137.69; and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $96,137.69 and the total project cost does not exceed $737,055.65. [Approved – Vote 7/0]

(Resource Person: Dana P. Hornkohl – 919-560-4326 ext. 30246) (PR# 8912)

12. This item can be found on the General Business Agenda.

15 – 17. Those items can be found on the General Business Agenda – Public Hearings.

The City Council disposed of the following agenda items at the December 6, 2012 Work Session:

6. FY 2013- 2014 Emergency Solutions Grant and City General Funds Housing for New Hope, Inc. Sub recipient Contract Rapid Re-Housing Services

(This item was referred back to the Administration – Community Development Dept.)

To authorize the expenditure of $79,554.00 in Emergency Solutions Grant funds and $200,000.00 in City General funds;

To authorizes the City Manager to execute a contract with Housing for New Hope, Inc. in the amount of $279,554.00 to provide financial assistance to households experiencing homelessness.

(Resource Person: Tamesha Thompson-Eleanya – 919-560-4570 ext. 22225) (PR# 8911)

7. Durham Fire Station 9 Construction Contract for Morlando Construction and Execution of North Carolina Department of Transportation (NCDOT) Street and Driveway Access Permit Agreement

(This item was approved at the 12-06-12 Work Session with a vote of 5/0)

To authorize the City Manager to execute a construction contract for Durham Fire Station 9 to Morlando Construction LLC in the amount of $2,127,400.00 that includes the base bid and recommended alternates;

To establish a project contingency in the amount of $212,740.00;

To authorize the City Manager to negotiate and execute change orders on the Durham Fire Station 9 construction contract, provided the total project cost does not exceed the amount budgeted for construction phase plus the project contingency; and

To authorize the City Manager to execute NCDOT street and driveway access permit agreements associated with the construction of Durham Fire Station 9 to allow access to NCDOT rights-of-way.

(Resource Person: Trish Creta – 919-560-4197 ext. 21258) (PR# 8909)

13. Designing Better Bus Service Changes – Outreach Initiatives and On-Time Performance Update

(A presentation was received at the 12-06-12 Work Session)

To receive an update on the Designing Better Bus Service Changes – Outreach Initiatives and On-Time Performance.

(Resource Person: Mark D. Ahrendsen – 919-560-4366 ext. 36410) (PR# 8910)

14. NCRR Traffic Separation Study (TSS) Update Presentation

(A presentation was received at the 12-06-12 Work Session)

To receive an update from the N. C. Department of Transportation on the status of the Durham Traffic Separation Study and the community engagement process.

(Resource Person: Wesley Parham – 919-560-4366 ext. 36425) (PR# 8915)

18. Selection of Durham Community Land Trustees for Southside Piedmont Rentals Project

(This item was approved at the 12-06-12 Work Session with a vote of 5/1)

To approve the selection of Durham Community Land Trustees as the tentative project developer for the Piedmont Rentals Project.

(Resource Person: Larry M. Jarvis, AICP – 919-560-4570 ext. 22273) (PR# 8888)

[General Business Agenda]

12. 2012 Year-End Paving Status Report

To receive a presentation on the paving efforts that has been completed by the City, through the Department of Public Works, from 2006 through 2012.

Note: Public Works Director Marvin Williams gave a status report on the 2012 year-end paving and no action was taken by the City Council on this item.

(Resource Person: Tasha Johnson – 919-560-4326 ext. 30262) (PR# 8922)

[General Business Agenda – Public Hearings]

15. Amendment to Building Improvement Grant Contract with Bullocity, LLC

To conduct a public hearing to receive public comments on the proposed amendment to an economic incentive agreement per G.S. 158-71; and

To authorize the City Manager to execute a contract amendment for Building Improvement Incentives for Economic Development Activities between the City of Durham and Bullocity, LLC dated December 19, 2011 to extend the contract from an end of December 19, 2012 date to February 18, 2013. [Approved – Vote 7/0]

(Resource Person: Peter Coyle – 919-560-4965 ext. 15205) (PR# 8898)

16. Amendment to Building Improvement Grant Contract with Hutchins Properties, LLC

To conduct a public hearing to receive public comments on the proposed contract amendment to an economic incentive agreement per G.S. 158-71; and

To authorize the City Manager to execute a contract amendment for Building Improvement Incentives for Economic Development Activities between the City of Durham and Hutchins Properties, LLC dated December 19, 2011 to extend the contract from an end date of December 19, 2012 to June 30 2013. [Approved – Vote 7/0]

(Resource Person: Peter Coyle – 919-560-4965 ext. 15205) (PR# 8899)

17. Amendment to Building Improvement Grant Contract with Reinvestment Partners

To conduct a public hearing to receive public comments on the proposed amendment to an economic incentive agreement per G.S.158-71; and

To authorize the City Manager to execute a second amendment for Building Improvement Incentives for Economic Development Activities between the City of Durham and Reinvestment Partners (previously named Community Reinvestment Association of North Carolina) dated April 18, 2011 as amended June 19, 2012 to extend the contract from an end date of December 31, 2012 to March 31, 2013. [Approved – Vote 7/0]

(Resource Person: Peter Coyle – 919-560-4965 ext. 15205) (PR# 8900)

[Adjournment – 7:27 p.m.]

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.