City Council Work Session Agenda
Thursday, October 24, 2013, 1 p.m.
Committee Room, Second Floor

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[Roll Call]

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

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[Administrative Consent Items]

City Clerk’s Office

1. Approval of City Council Minutes

To approve City Council minutes for the September 3, 2013 City Council Meeting, September 5, 2013 City Council Work Session, September 16, 2013 City Council Meeting, September 19, 2013 City Council Work Session and October 7, 2013 City Council Meeting.

(Resource Person: D. Ann Gray – 919-560-4166 ext. 12267) (PR# 9450)

2. Durham City-County Appearance Commission – Appointment

To appoint a citizen to fill one (1) vacancy on the Durham City-County Appearance Commission with the term to expire on April 1, 2015.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 919-560-4166 ext. 12264) (PR# 9488)

3. Durham Open Space and Trails Commission – Appointment

To appoint a citizen to fill one (1) vacancy on the Durham Open Space and Trails Commission representing Ward 2 with the term to expire on June 30, 2016.

(Due to the resignation of Debra Morgan)

(Resource Person: LaVerne V. Brooks – 919-560-4166 ext. 12264) (PR# 9489)

4. Human Relations Commission – Appointments

To appoint citizens to fill two (2) vacancies on the Human Relations Commission representing a Non-Minority Female (term expires June 30, 2014) and a Non-Minority Male (term expires June 30, 2016).

(Due to the resignations of Kelly Rich and Donald Lebkes)

(Resource Person: LaVerne V. Brooks – 919-560-4166 ext. 12264) (PR# 9490)

Public Works Department

5. Street Acceptance

To accept Clover Hill Place for maintenance by the City of Durham.

(Resource Persons: Robert N. Joyner, Jr. and Nathan L. McHenry – 919-560-4326) (PR# 9462)

6. Adopt Preliminary Assessment Rolls and Set Public Hearings for Confirmation of Assessment Rolls for Water Main and Sewer Main on Wedgewood Lane

To adopt a preliminary resolution adopting the preliminary assessment roll and setting a public hearing for November 18, 2013, for confirmation of each of the following assessment rolls:

Water Main on Wedgewood Lane from the West Property Line of PIN #0728-02-89-6224 to Carpenter-Fletcher Road; and

Sewer Main on Wedgewood Lane from the West Property Line of PIN #0728-02-89-6224 to Carpenter-Fletcher Road.

(Resource Persons: Robert N. Joyner, Jr. and Nathan L. McHenry – 919-560-4326) (PR# 9461)

[Departmental Items]

Audit Services Department

7. Permit Application Review Process Performance Audit (September 2013)

To receive and accept the Permit Application Review Process Performance Audit dated September 2013 as presented and approved at the September 23, 2013 Audit Services Oversight Committee meeting.

(Resource Person: Germaine Brewington – 919-560-4213 ext. 14244) (PR# 9478)

Budget and Management Services Department

8. Request to Carryover Funds from FY2012-13 to FY2013-14, Amend the FY2013-14 Budget and Other Budget, Grant and Capital Project Ordinances

To adopt an Ordinance Amending the City of Durham Budget Ordinance as amended, Fiscal Year 2013-14, the same being Ordinance #14486 to appropriate fund balance for the carryover request, recognize encumbrances brought forward, make a transfer from the DPAC Fund to a DPAC capital project and make other needed ordinance adjustments.

(Resource Person: Bertha T. Johnson – 919-560-4111 ext. 20285) (PR# 9448)

City Manager’s Office

9. Ordinance Amendment to Permit Bow Hunting of Deer

To adopt an Ordinance Amending the Durham City Code to permit bow hunting of deer within city limits.

(Resource Person: Thomas J. Bonfield – 919-560-4222) (PR# 9470)

Economic and Workforce Development Department

10. Amendment to Public-Private Redevelopment Agreement between the City of Durham and CPGPI Regency Erwin Development LLC

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2013-2014, as amended, the same being Ordinance # 14464 for the purpose of adding funding in the amount of $1,039,687.00 for the Ninth Street Infrastructure Redevelopment project;

To authorize the City Manager to execute an Amendment to the Agreement for the Redevelopment and Renovation of the Durham Ninth Street Commercial District with CPGPI Regency Erwin Development, LLC to perform engineering, preconstruction services and streetscape improvements on Ninth Street in an amount not to exceed $909,687.32;

To authorize the City Manager to accept a Guaranteed Maximum Price (GMP) for the Streetscape Construction work based upon the final scope of work and design described in the agreement, as amended, so long as the construction costs does not exceed Streetscape Improvements Budget of $869,687.32;

To establish a contingency fund for the Streetscape Improvement Budget in the amount of $130,000.00, and authorize the City Manager or his designee to negotiate and execute change orders to the agreement so long as the streetscape total construction budget does not exceed $909,687.32 and the total agreement amount does not exceed $1,039,687.32; and

To authorize the City Manager to negotiate, execute and accept a tree maintenance and conservation easement for a strip of land (approximately 5 feet wide) running the length of the west side of the Ninth Street streetscape project between the sidewalk and private property owner(s).

(Resource Person: Kevin Dick – 919-560-4965 ext. 15219) (PR# 9456)

11. Substance Abuse and Mental Health Services Administration Grant Project Ordinance and Contract with Alliance Behavioral Health Care

To authorize the City Manager to accept the SAMHSA grant as a sub-recipient through Alliance Behavioral Healthcare by adopting the amended FY13-14 Grant Project Ordinance in the amount of $85,000.00, superseding Grant Project Ordinance #14442; and

To authorize the City Manager to execute a contract amendment and extension with Alliance Behavioral Healthcare increasing the contract amount by $10,000.00 for a total contract amount of $70,000.00 to further implement the pilot employment and training program for youth enrolled in the SAMHSA funded program.

(Resource Person: Kevin Dick – 919-560-4965 ext. 15219) (PR# 9481)

Finance Department

12. Bid Report – September 2013

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of September 2013.

(Resource Person: Lynette McRae – 919-560-4132 ext. 18225) (PR# 9479)

13. Co-Op Contract Purchase – Two (2) Motor Graders

To authorize the City Manager to enter into a contract with Gregory Poole Equipment Company in the amount of $467,538.00 for providing two (2) Motor Graders.

(Resource Person: Lynette McRae – 919-560-4132 ext. 18225) (PR# 9477)

Public Works Department

14. Water Extension Agreement with Mr. Donald Aiken to Serve 1726 Hamlin Road

To authorize the City Manager to enter into a utility extension agreement with Mr. Donald Aiken to serve 1726 Hamlin Road.

(Resource Person: Robert N. Joyner – 919-560-4326 ext. 30229) (PR# 9468)

15. Contract SD-2013-01, Stormwater Infrastructure Repairs and Improvements

To authorize the City Manager to execute a contract for SD-2013-01 Stormwater Infrastructure Repairs and Improvements, with White Oak Construction Corporation in the amount of $537,358.00;

To establish a contingency fund in the amount of $107,471.60 (20%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $107,471.60 and the total project cost does not exceed $644,829.60.

(Resource Person: Sujit Ekka – 919-560-4326 ext. 30271) (PR# 9476)

Department of Transportation

16. Agreement between the City of Durham and North Carolina State University (NCSU) for Support of the Triangle Regional Model (TRM) Development, Enhancement and Maintenance

To authorize the City Manager to execute an agreement with North Carolina State University to provide support for the Triangle Regional Travel Demand Model in an amount not to exceed $126,589.00.

(Resource Person: Felix Nwoko – 919-560-4366 ext. 36424) (PR# 9480)

17. Ground Lease Agreement between CPGPI Regency Erwin and the City of Durham

To authorize the City Manager to execute a Ground Lease Agreement with CPGPI Regency Erwin, LLC for a surface parking lot on Ninth Street for a term of 10 years at a monthly base rent rate of $6,875.00 for years 1 through 5 and $7,291.33 per month for years 6 through 10.

(Resource Person: Harmon Crutchfield – 919-560-4366 ext. 36439) (PR# 9486)

[Presentations]

City Manager’s Office

18. Durham Housing Authority Update

To receive an update from Dallas Parks, CEO of Durham Housing Authority on issues related to Durham Housing Authority.

(Resource Person: Dallas Parks, CEO – 919-683-1551) (PR# 9446)

Department of Transportation

19. Comprehensive Parking Study Reports for Downtown and Ninth Street Areas

To receive a presentation on the Comprehensive Parking Study Reports for the Downtown and Ninth Street areas.

(Resource Person: Mark D. Ahrendsen – 919-560-4366 ext. 36410) (PR# 9485)

[Public Hearings]

Assessments and Improvements

20. Public Hearing on the Mini Assessment Rolls for Water Main in the Valley Springs Road Area

To conduct a public hearing and receive comments on Confirmation of the Mini Assessment Rolls for Water Main in the Valley Springs Road Area;

To find that the property of Johnna T. Forrester, identified as 3344 Rose of Sharon Road, PIN 0813-01-28-6910 has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $5,749.10 with the provision that the applicable water main frontage charge will be due and payable at the prevailing rate should the property connect to City water (in accordance with City policy);

To find that the property of R & K Real Estate Group, identified as 4000 Forrestdale Drive on the southeast corner of Valley Springs Road, PIN 0813-01-29-7361 has not benefited from the water main improvement at this time and to relieve the assessments in the amounts of $2,502.50 for the Valley Springs Road side and $5,425.00 for the Forrestdale Drive side, with the provision that the applicable water main frontage charge will be due and payable at the prevailing rate should the property connect to City water (in accordance with City policy); and

To find that the property of Belle S. Browning, identified as 4723 Rose Road, PIN 0813-01-19-7905 has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $1,942.50 with the provision that the applicable water main frontage charge will be due and payable at the prevailing rate should the property connect to City water (in accordance with City policy).

(Resource Persons: Robert N. Joyner, Jr. and Nathan L. McHenry – 919-560-4326) (PR# 9463)

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

21. James Michael Lynch

To receive comments from James Michael Lynch regarding the Chief of Police.

(Resource Person: James Michael Lynch) (PR# 9496)

22. Emorywood Community Association

To receive comments from Thelma White regarding the re-paving of Fayetteville Road from the Cook Road intersection to the intersection of Utah Avenue.

(Resource Person: Thelma White) (PR# 9497)

23. John Tarantino

To receive comments from John Tarantino regarding the Police Department, Neighborhood Improvement Services, Durham Area Transit Authority and Equal Opportunity and Equity Assurance.

(Resource Person: John Tarantino) (PR# 9498)

[Adjournment]