Agenda for tonight's Council meeting

Most of the items are administrative items about appointments, contracts, street closings, and assessments, but the transfer of West Point on the Eno to the State Park system is on the agenda, as well as approval of a site plan for the Southpoint Professional Center Phase II, but it is not a "public hearing."

 

The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Announcements By Council

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

[Consent Agenda]

1. Human Relations Commission — Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill two (2) vacancies on the Human Relations Commission for Minority Females with the terms to expire June 30, 2010.

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #1 — 5 pages) (PR# 5597)

2. Board of Adjustment — Receive and Accept an Application

To receive and accept an application for the Board of Adjustment for an Alternate Member with the term to expire on June 30, 2009.

(Due to the resignation of Paul Arena)

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #2 — 3 pages) (PR# 5639)

3. Cable TV Advisory Board — Reappointment

To reappoint Warren Herndon to the Cable TV Advisory Board with the term to expire on October 31, 2010.

Note: At the Work Session on November 6, 2008, Mr. Herndon received seven (7) votes.

(Due to the term expiring of Warren Herndon)

(Resource Person: LaVerne V. Brooks — 4166) (Attachment #3 — 4 pages) (PR# 5645)

4. Bids — Police & Fire Vehicles

To accept the bid from Vic Bailey Ford, in the amount of $1,079,575.00 for providing the City with 46 Police Patrol Vehicles (Item No. 1), 2 Police Pursuit Vehicles with ballistic door panels (Item No. 2), and 3 Police/Fire Pursuit Vehicles (Item No. 3);

To authorize the City Manager to enter into a contract with Vic Bailey Ford, in the amount of $1,079,575.00 for providing the City with 46 Police Patrol Vehicles (Item No. 1), 2 Police Pursuit Vehicles with ballistic door panels (Item No. 2), and 3 Police/Fire Pursuit Vehicles (Item No. 3); and

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 of the existing version of the contract.

(Resource Persons: Joseph W. Clark — 4132 and Paul Koch — 4101) (Attachment #4 — 6 pages) (PR# 5638)

5. Bids — Two Combination Catch Basin Vacuum & Sewer Cleaning Machines

To accept the bid from Bruder/Sharpe, Inc. in the amount of $318,116.00 for providing the City with two Combination Catch Basin Vacuum & Sewer Cleaning Machines;

To authorize the City Manager to enter into a contract with Bruder/Sharpe, Inc. in the amount of $318,116.00 for providing the City with two Combination Catch Basin Vacuum & Sewer Cleaning Machines; and

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

(Resource Persons: Joseph W. Clark — 4132 and Paul Koch — 4101) (Attachment #5 —5 pages)(PR# 5642)

6. Bids — Four Front Loading Refuse Collection Trucks

To accept the bid from Southern Truck Service, Inc. in the amount of $953,495.00 for providing the City with four Front Loading Refuse Collection Trucks;

To authorize the City Manager to enter into a contract with Southern Truck Service, Inc. in the amount of $953,495.00 for providing the City with four Front Loading Refuse Collection Trucks; and

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 of the existing version of the contract.

(Resource Persons: Joseph W. Clark — 4132 and Paul Koch — 4101) (Attachment #6 — 5 pages)(PR# 5641)

7. Street Closing — 75 Linear Feet of Cooke Street (SC0800013)

To adopt a resolution to set a public hearing on the proposed closing of 75 linear feet of Cooke Street for December 15, 2008.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #7 — 5 pages)(PR# 5575)

8. Setting Public Hearing to Consider Ordering Improvement under Enabling Act Authority

To adopt a resolution setting a public hearing for December 1, 2008, for a Water Main on Donphil Road from Brenda Court to Gatewood Drive.

(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #8 — 5 pages) (PR# 5613)

9. The Housing Authority of the City of Durham 2008-09 Community Development Block Grant (CDBG) Subrecipient Contract

To authorize the expenditure of CDBG funds in an amount not to exceed $40,000.00;

To authorize the City Manager to execute an CDBG Subrecipient Agreement with Durham Housing Authority (DHA) to manage their Community Learning Center Teen Initiative; and

To authorize the City Manager make changes to the contract documents that do not increase the contract amount, lessen the subrecipient's duties, or extend the term of the contract more than 6 months beyond the date of the original contract term.

(Resource Person: Susan Solakian — 4570 ext. 250) (Attachment #9 — 24 pages) (PR# 5644)

10. Community Health Coalition, Inc. Resolution

To endorse the Community Health Coalition, Inc., Resolution promoting health and reduce preventable death and disease in Durham's African American population.

(Resource Person: Mayor Pro Tem Cole-McFadden — 4396) (Attachment #10 — 2 pages) (PR# 5670)

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

12. Development Review Process Improvement Update for October 2008

To receive a report on alternatives that the Administration is considering to improve the efficiency and effectiveness of the development review process.

(Resource Person: Theodore L. Voorhees — 4222 ext. 231) (Attachment #12 — 4 pages) (PR# 5669)

14. Proposed Sale of Parcels #113385 and #113384, Erwin Field Park to Duke University

To declare the parcels Tax ID # 113385 and #113384 as shown on Attachment A to be surplus property;

To authorize the sale of parcel # 113385 by private sale under the authority of Section 86 of the City Charter;

To accept the offer of $700,000.00 from Duke University to purchase parcel # 113385 as shown on Exhibit A with the condition that a public access easement be reserved by the City;

To authorize the sale of parcel #113384 by private sale under the authority of G.S. 160A-279 and procedural requirements of G.S. 160A-267;

To accept the offer of $100,000.00 from Duke to purchase parcel #113384 contingent upon approval of the Land and Water Conservation Fund (LWCF) conversion application from the North Carolina Department of Natural Resources and the U. S. National Park Service; and

To authorize the City Manager to execute the sales agreement with Duke University and to make changes provided the changes do not decrease the purchase price and are consistent with the intent of this agenda item

(Resource Person: Beth Timson — 4355 ext. 215) (Attachment #14 — 11 pages) (PR# 5634)

15. 2008 Target Grant Award

To authorize the City Manager to accept the 2008 Target Grant and execute the grant documents; and

To adopt the 2008 Target Grant Project Ordinance in the amount of $1,300.00.

(Resource Person: Anthony Marsh — 4322) (Attachment #15 — 4 pages) (PR# 5635)

16. Contract for Reimbursement of Cost Incurred for Law Enforcement Assistance and Accompanying Grant Project Ordinance

To authorize the City Manager to accept the City of Durham and Town of Chapel Hill Grant by executing the grant documents;

To adopt the City of Durham and Town of Chapel Hill Grant Project Ordinance for Temporary Law Enforcement Assistance during the Halloween event on Friday, October 31, 2008;

To authorize the City Manager to execute a contract with the Town of Chapel Hill for Reimbursement of Costs Incurred for Law Enforcement Assistance; and

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 of the existing version of the contract.

(Resource Person: Ron Evans — 4322) (Attachment #16 — 11 pages) (PR# 5622)

17. Street Acceptance

To accept the street on the attached list for maintenance by the City of Durham.

(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #17 — 3 pages) (PR# 5633)

18. Watershed Planning and Design Contract for Third Fork Creek Watershed

To authorize the City Manager to negotiate and execute a contract with Tetra Tech in an amount up to $1,164,302.00 for the Third Fork Creek Project generally consistent with the scope of services;

To establish a contingency fund of $116,433.00 (10%);

To authorize the City Manager to negotiate addendums provided that the cost of all addendums do not exceed $116,433.00 and the total project cost does not exceed $1,280,735.00; and

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 of the existing version of the contract.

(Resource Person: Paul Wiebke — 4326 ext. 239) (Attachment #18 — 29 pages) (PR# 5662)

20. Contract Extension for Water and Wastewater Sludge Removal, Land Application and Associated Services with Synagro Central, LLC

To authorize the City Manager to execute Contract Amendment #2 with Synagro Central, LLC for the Water and Wastewater Sludge Removal, Land Application and Associated Services Contract to extend the term of the contract to June 30, 2009; and

To authorize the City Manager to make changes to the contract before execution provided the changes do not increase the amount to be paid by the City and do not decrease the goods and services to be provided to the City.

(Resource Person: Robert Dodson — 4386) (Attachment #20 — 5 pages) (PR# 5631)

23 – 29. These items can be found on the General Business Agenda — Public Hearings.

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

31. This item can be found on the General Business Agenda-Public Hearings.

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

37. Resolution Memorializing Alexander M. Rivera, Jr.

To adopt a Resolution Memorializing Alexander M. Rivera, Jr.

(Resource Person: Council Member Farad Ali — 4396) (Attachment #37 — 2 pages) (PR# 5685)

38. An Ordinance Rescheduling the Regular City Council Meeting from Tuesday, January 20, 2009 to Wednesday, January 21, 2009

To adopt an Ordinance Rescheduling the Regular City Council Meeting from Tuesday, January 20, 2009 to Wednesday, January 21, 2009.

(Resource Person: D. Ann Gray — 4166) (Attachment #38 — 1 page) (PR# 5710)

[General Business Agenda]

11. Beer and Wine Privilege License Issuance

To approve the local Beer and Wine Privilege Licenses for listed establishments.

(Resource Person: John J. Allore — 4510) (Attachment #11 — 14 pages) (PR# 5468)

30. Friends of West Point Park

To discuss whether to direct the City Manager to initiate negotiations on a method to transfer management of West Point on the Eno Park to the N.C. State Parks System.

(Resource Person: Josie McNeil — 919-471-3310) (Attachment #30 — 5 pages) (PR# 5668)

34. Police Department Third Quarter Crime Report

To receive the Police Department's Third Quarter Crime Report.

(Resource Person: Chief Jose L. Lopez, Sr. — 4322)

[General Business Agenda — Public Hearings]

Assessments and Improvements

23. Mini Assessment Roll for Sewer Main on Rivermont Road from Northeast Property Line of Tax Map 767-4-17 Southwest to the Rivermont Road Outfall

To reconsider the assessment against the property of Nathan L. and Melinda R. Stanley; and

To find that the property, identified as 3801 Rivermont Road, PIN 0803-02-89-5293 has benefited from the sewer main improvement and to confirm the assessment in the amount of $4,700.00 (grants partial relief in accordance with the Assessment Relief Policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #23 — 1 page) (PR# 5615)

24. Mini Assessment Roll for Curb, Gutter and Paving on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A

To reconsider the assessment against the property of Jennifer L. Cole Preston, identified as 805 Beebe Drive, PIN 0729-04-64-6951; and

To find that the property has benefited from the curb, gutter and paving improvement and to confirm the assessment in the amount of $2,760.60 (grants partial relief).

(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #24 — 2 pages) (PR# 5285)

25. Mini Assessment Roll for Water and Sewer Laterals on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A

To reconsider the assessment against the property of Jennifer L. Cole Preston, identified as 805 Beebe Drive, PIN 0729-04-64-6951; and

To find that the property has not benefited from the water lateral improvement at this time and to relieve the assessment in the amount of $670.00 with the provision that a future lateral charge will be due and payable at the prevailing rate should the property connect to City water (in accordance with the Assessment Relief Policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #25 — 1 page) (PR# 5286)

26. Mini Assessment Roll for Water Main on Beebe Drive from Barbee Road to West Property Line of Tax Map 517-1-12A

To reconsider the assessment against the property of Jennifer L. Cole Preston, identified as 805 Beebe Drive, PIN 0729-04-64-6951; and

To find that the property has benefited from the water main improvement and to confirm the assessment in the amount of $2,001.44 (grants partial relief).

(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #26 — 1 page) (PR# 5287)

27. Proposed Ninth Street Plan

To conduct a public hearing and receive public comments on the Proposed Ninth Street Plan; and

To adopt the Proposed Ninth Street Plan.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #27 — 63 pages) (PR# 5647)

28. Major Special Use Permit — Southpoint Professional Center Phase II (M0800003)

To hold a quasi-judicial public hearing to consider a Major Special Use Permit for proposed fill within the special flood hazard area; and

To direct the Planning Director to prepare an order for adoption for 1) approval, 2) approval with conditions or 3) denial or to continue the hearing to a specified later meeting. (A draft order for approval with staff recommended conditions will be available at the meeting)

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #28 — 56 pages) (PR# 5655)

29. Major Site Plan and Floodplain Development Permit - Southpoint Professional Center Phase II (D06-348)
(This is not a Public Hearing)

To approve a major site plan and floodplain development permit for "Southpoint Professional Center Phase II," submitted by Coulter Jewell Thames, P.A. on behalf of Crooked Creek Development LLC, for a 30,000 square foot two-story office/retail building on a 1.5 acre portion of three parcels totaling 13.42 acres, zoned Office Institutional (OI (D) and Falls/Jordan Protected Area (F/J-B) watershed overlay.

[The property is located at 245 NC 54 Highway on the north side of NC Highway 54, north of I-40, east of Fayetteville Road, and south of Crooked Creek Parkway. PINs include portions of 0728-01-06-5288, 0728-01-06-9305 and 0728-01-16-0792.]

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #29 — 23 pages) (PR# 5651)

31. Historic Landmark Designation — John O'Daniel Hosiery Mill Building (LD0800003)

To continue the public hearing and receive comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the John O'Daniel Hosiery Mill Building, 801 Gilbert Street (LD0800003), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #31 — 30 pages)(PR# 5677)

[Adjournment]