City Council Meeting Agenda
Monday, May 5, 2014, 7 p.m.
Council Chambers, First Floor

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

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 February 20, 2014 and March 6, 2014 City Council Work Sessions, March 13, 2014 Special Meeting and March 17, 2014 City Council Meeting.

(Resource Person: D. Ann Gray – 919-560-4166 ext. 12267) (PR# 9814)

2. Durham Convention and Visitors Bureau Tourism Development Authority Appointment

To appoint Craig Spitzer to the Durham Convention and Visitors Bureau Tourism Development Authority representing Lodging Full Service with the term to expire on October 31, 2014.

Note: At the Work Session on April 24, 2014, Mr. Spitzer received five (5) votes.

(Due to the vacancy of Ronald J. Hunter)

(Resource Person: LaVerne V. Brooks – 919-560-4166 ext. 12264) (PR# 9819)

4. Street and Infrastructure Acceptances

To accept the streets and associated infrastructure in the attached memo for maintenance by the City of Durham.

(Resource Persons: Robert N. Joyner, Jr. and Nathan L. McHenry – 919-560-4326) (PR# 9782)

6. Memorandum of Agreement – Connecting Youth

To authorize the City Manager to execute a Memorandum of Agreement with the Alliance for Behavioral Healthcare, including shared funding for staffing, to support the Youth Opportunity Initiative.

(Resource Person: Thomas Bonfield – 919-560-4222 ext. 11232) (PR# 9824)

7. Award of HOME Funds to Community Alternatives for Supportive Abodes (CASA) for Permanent Affordable Housing

(Approval of this item is requested after agenda item #26)

To authorize the expenditure of $1,163,477.00 in HOME funds for the purpose of permanent affordable housing for persons who are homeless and with disabilities; and

To authorize the City Manager to execute a HOME Forgivable Construction/Permanent Loan Agreement and other related legal documents in the amount of $1,163,477.00 that is forgiven over a period of 20 years at 0% interest, with Community Alternatives for Supportive Abodes.

(Resource Person: Shepherd Smith – 919-560-4570 ext. 22227) (PR# 9787)

8. Bid Report – February 2014

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of February 2014.

(Resource Person: Sue Sandhoff – 919-560-4132 ext. 18225) (PR# 9791)

9. Bid Report – March 2014

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of March 2014.

(Resource Person: Sue Sandhoff – 919-560-4132 ext. 18225) (PR# 9792)

11. City of Durham Swimming Pool Facilities Assessment Study Professional Services Contract with Szostak Design, Inc.

To authorize the City Manager to execute a professional services contract with Szostak Design, Inc. for an amount not to exceed $67,940.00;

To establish a design contingency in the amount of $5,000.00; and

To authorize the City Manager to negotiate and execute amendments to the Professional Services Agreement for the City of Durham Swimming Pool Facilities Assessment Study with Szostak Design, Inc. provided the total cost does not exceed $72,940.00.

(Resource Person: Marilee Martin – 919-560-4197 ext. 21285) (PR# 9803)

12. Leigh Farm Park Design Contract Amendment 4 – Hagersmith Design PA

To authorize the City Manager to execute an amendment to the design contract with HagerSmith Design PA for the Phase 2 Infrastructure Design at Leigh Farm Park in the amount of $23,975.50 so that the total design contract amount will not exceed $239,607.50.

(Resource Person: Marilee Martin – 919-560-4197 ext. 21285) (PR# 9804)

14. 400 Cleveland Street Roof and Envelope Renovations Contract with L.A. Downey and Son, Inc.

To authorize the City Manager to execute a construction contract for the 400 Cleveland Street Roof and Envelope Renovations project with L.A. Downey and Son, Inc. in the amount of $446,699.00 which includes the base bid and all recommended alternates;

To establish a project contingency in the amount of $44,600.00;

To authorize the City Manager to negotiate and execute change orders on 400 Cleveland Street Roof and Envelope Renovations construction contract, provided the total project cost does not exceed the amount budgeted for construction phase plus the project contingency.

(Resource Person: John Paces-Wiles – 919-560-4197 ext. 21252) (PR# 9815)

15. Amendment #2 to the Professional Services Agreement for the Design for Fire Station 9 and Amendment #2 to the Contract for Special Inspections and Constructions Materials Testing Services for the Fire Station 9 Project

To authorize the City Manager to execute a contract amendment to the Professional Services Agreement for the Design of Fire Station 9 with Garner & Brown Architects PA in the amount of $109,217.36 so that the total contract amount will not exceed $335,423.36;

To establish an additional design contingency in the amount of $33,542.33;

To authorize the City Manager to negotiate and execute amendments to the Professional Services Agreement for the Design for Fire Station 9 with Garner & Brown Architects PA provided the total cost does not exceed $368,965.69;

To authorize the City Manager to execute a contract amendment to the Contract for Special Inspections and Constructions Materials Testing Services for the Fire Station 9 Project with A1 Consulting Group Inc. in the amount of $39,750.00 so that the total contract amount will not exceed $89,750.00;

To establish an additional contingency in the amount of $8,975.00; and

To authorize the City Manager to negotiate and execute amendments to the Contract for Special Inspections and Constructions Materials Testing Services for the Fire Station 9 Project with A1 Consulting Group Inc. provided the total cost does not exceed $98,725.00.

(Resource Person: Trish Creta – 919-560-4197 ext. 21258) (PR# 9816)

16. Resolution Supporting Affordable Housing around Transit Stations and Neighborhood Transit Centers

To adopt a Resolution in support of providing affordable housing within a half-mile of each proposed Durham rail transit station and for achieving this as soon as practicable consistent with the requirements of the Federal Transit Administration New Starts application for light rail service.

(Resource Person: Steven L. Medlin – 919-560-4137 ext. 28223) (PR# 9778)

17. Water Line Utility Agreement with North Carolina Department of Transportation (NCDOT) for the Main Street Bridge Replacement

To authorize the City Manager to execute a Utility Relocation Agreement with NCDOT for the Bridge Replacement over Campus Drive (project B-3638) to assign a cost share of $273,200.61 to the City and $273,200.61 to NCDOT for work associated with the relocation of the City’s utility lines.

(Resource Person: Tasha Johnson – 919-560-4326 ext. 30262) (PR# 9647)

18. Hillandale Dual Water Replacement, Phase II, Reimbursement to North Carolina Department of Transportation (NCDOT)

To authorize the City Manager to execute a Supplemental Agreement with NCDOT for additional paving and water line work completed under the Bridge Replacement over Campus Drive (project B-3638); and

To authorize the reimbursement to NCDOT of $35,349.00 from the Water Extensions and Improvements account.

(Resource Person: Tasha Johnson – 919-560-4326 ext. 30262) (PR# 9809)

19. Contract Amendment for Sidewalk Repairs and Curb Ramps

To authorize the City Manager to execute contract amendment No.1 for contract SW-29: 2013 Sidewalk Repairs and Curb Ramps with Browe Construction Company of N.C. in the amount of $394,112.19, increasing the contract total to $1,182,336.57.

(Resource Person: Tasha Johnson – 919-560-4326 ext. 30262) (PR# 9648)

20. License Agreement with Church and Main Associates, LLC for Balconies at East Main Street

To authorize the City Manager to enter into a License Agreement with Church and Main Associates, LLC for the construction and maintenance of balconies projecting into the right-of-way at 126 and 130 East Main Street.

(Resource Person: Robert Joyner – 919-560-4326 ext. 30229) (PR# 9796)

21. Amendment #2 to the Contract between the City of Durham and King Management NC, LLC (Formerly King and Martin Properties, LLC) for Management of the City-Owned Yard Waste and Compost Facility

To authorize the City Manager to execute an Amendment #2 for the Management of the City Owned Yard Waste and Compost Facility Contract between the City of Durham and King Management, LLC extending the current contract for two additional years at a cost not to exceed $273,156.00 per year.

(Resource Person: Ava Hinton – 919-560-4186 ext. 32232) (PR# 9812)

22. Update on Comprehensive Housing Strategy, Five-Year Funding Plan and Dedicated Funding Source

To receive a report on the Comprehensive Housing Strategy, Five-Year Funding Plan and Dedicated Funding Source.

(Resource Person: Larry M. Jarvis, AICP – 919-560-4570 ext. 22273) (PR# 9825)

23. Resolution to Support the Upper Neuse River Basin Association (UNRBA) for the Re-Examination of the Falls Lake Stage II Goals at the UNRBA Adopted FY2015 Funding Level

To adopt a Resolution Supporting the UNRBA FY2015 funding level of $812,000.00 with a City of Durham contribution of $184,404.28.

(Resource Person: Michelle Woolfolk – 919-560-4326 ext. 30219) (PR# 9786)

[General Business Agenda – Public Hearings]

25. Public Hearing on the Draft FY 2014-2015 Annual Action Plan for the Use of Community Development Block Grant, Home Investment Partnerships Program and Emergency Solutions Grant Funds

To conduct a public hearing and receive comments on the Draft FY 14-15 Annual Action Plan for the use of CDBG, HOME and ESG funds and approve the Draft FY 14-15 Annual Action Plan for the submission to the U.S. Department of Housing and Urban Development (A);

To authorize the City Manager to execute all administrative requirements and contractual documents necessary for implementation of the Annual Action Plan to include all CDBG, HOME and ESG program agreements and related documents;

To adopt the City of Durham/U.S. Department of Housing and Urban Development Community Development Block Grant Project Ordinance in the amount of $2,135,508.00 (Attachment B);

To adopt the City of Durham/U.S. Department of Housing and Urban Development HOME Investment Partnerships Program Grant Project Ordinance in the amount of $1,261,909.00 (Attachment C); and

To adopt the City of Durham/U.S. Department of Housing and Urban Development Emergency Solutions Grant Project Ordinance in the amount of $147,357.00 (Attachment D).

(Resource Person: Wilmur Conyers – 919-560-4570 ext. 22277) (PR# 9795)

26. Public Hearing on the Proposed Amendments to the FY 2011-2012, 2012-2013 and 2013-2014 Annual Action Plans

To conduct a public hearing and receive comments on the Proposed Amendments to the FY 2011-2012,2012-2013, and 2013-2014 Annual Action Plans as it relates to HOME and CDBG funds and approve the proposed amendments for submission to the U.S. Department of Housing and Urban Development Attachment (A); and

To authorize the City Manager to execute all administrative requirements and contractual documents for the implementation of the amended Annual Action Plans.

(Resource Person: Wilmur Conyers – 919-560-4570 ext. 22277) (PR# 9797)

27. Amendment to the City-County Inspections Permit Fee Ordinance

To conduct a public hearing and receive comments on the City-County Inspections Permit Fee Ordinance; and

To adopt an Ordinance Amending Chapter 4 of the Fee Schedule.

(Resource Person: William E. (Gene) Bradham – 919-560-4144 ext. 26145) (PR# 9802)

28. Comprehensive Plan Amendment – UDI Farm (A1400001)

To conduct a public hearing and receive public comments on the UDI Farm (A1400001) Plan Amendment; and

To adopt a Resolution to Change the Future Land Use Map of the Durham Comprehensive Plan from Office to Low Density Residential (4 DU/Acre or Less).

Recommendations: The staff recommends approval based on conditions warranting an amendment to the Future Land Use Map and the proposed land use pattern meeting the four criteria for plan amendments.

The Planning Commission recommended approval, based on the justification, the request meeting the four criteria for plan amendments and information heard at the public hearing, 12-1, on March 11, 2014.

(Resource Person: Patrick Young – 919-560-4137 ext. 28273) (PR# 9794)

29. Zoning Map Change – UDI Farm (Z1400001)

To conduct a public hearing and receive comments on the zoning map change for UDI Farm (Z1400001);

To adopt an Ordinance Amending the Unified Development Ordinance by taking the described property in zoning map change case Z1400001 out of Office Institutional (OI) and placing same in and establishing same as Residential Suburban – 20 (RS-20); 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 Determination: Staff determines that this request is consistent with the Comprehensive Plan and other adopted policies and ordinances.

Planning Commission Recommendation and Vote: Approval 12-1 on March 11, 2014. 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 4601 Industry Lane, with frontage on Industry Lane and East Cornwallis Road, west of Fayetteville Road, PIN 0729-02-97-7530].

(Resource Person: Steven L. Medlin – 919-560-4137 ext. 28223) (PR# 9724)

30. Street Closing – Vesson Avenue (SC1300006)

To conduct a public hearing and receive comments on the permanent closing of 127 linear feet of Vesson Avenue; west of Chapel Hill Road; and

To adopt an Order Permanently Closing 127 Linear Feet of Vesson Avenue (SC1300006).

(Resource Person: Steven L. Medlin – 919-560-4137 ext. 28223) (PR# 9785)

[Supplemental Items]

Police Department

31. 2014 First Quarter Summary Report

To receive the Durham Police Department’s 2014 First Quarter Summary Report.

(Resource Person: Brian D. Reitz – 919-560-4322 ext. 29197)

[Announcements by Council]

[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.