City Council meeting Monday

This is the agenda for the next Council meeting, from www.durhamnc.gov/agendas/. The very vague item about "plan amendment public hearing process" sounds suspicious. It could be about Bell's plan to streamline decisions for developers. There is also an item about ending primaries before City elections.

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. Voluntary Annexation Petitions Received by January 1, 2009

To adopt the resolutions scheduling public hearings for Monday, March 16, 2009 to hear citizen comments concerning voluntary petitions for the following properties to be annexed with a recommended effective date of March 31, 2009:

1. Alexander Village II
2. Beth Page II
3. Culton Harris Properties

(Resource Persons: Bertha Johnson and Robin Bibby — 4111) (Attachment #1 — 30 pages) (PR# 5923)

2. Approval of City Council Minutes

To approve City Council minutes for the January 21, 2009 City Council Meeting; and

To approve City Council action taken at the January 8, 2009 City Council Work Session.

(Resource Person: D. Ann Gray — 4166) (PR# 5917)

4. Cable TV Advisory Board — Receive and Accept an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Cable TV Advisory Board with the term to expire on October 31, 2010.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 — 3 pages) (PR# 5915)

5. Street Acceptances

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

(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #5 — 2 pages) (PR# 5896)

6. Police Property Room Compliance Audit — December 2008

To receive and accept the Police Property Room Compliance Audit dated December 2008 as presented and approved at the January 26, 2009 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel — 4213) (Attachment #6 — 21 pages) (PR# 5894)

7. Mortgage Loan Portfolio Quarterly Report, Second Quarter FY2009

To receive the Quarterly Report on the Community Development Loan Portfolio.

(Resource Person: Julie Quinn — 4570 ext. 248) (Attachment #7 — 6 pages) (PR# 5893)

8. Subrecipient Contract between the City of Durham and Durham County Habitat for Humanity for the Acquisition of Four Properties

To authorize the expenditure of up to $95,000.00 in FY 08—09 CDBG funds;

To authorize the City Manager to execute a subrecipient contract with Durham County Habitat for Humanity in the amount of up to $95,000.00 to acquire four properties and create affordable housing; and

To authorize the City Manager to modify the contract and other related documents prior to execution provided that the modifications do not increase the dollar amount of the contract and do not lessen the obligations of the subrecipient.

(Resource Person: Shepherd Smith — 4570 ext. 227) (Attachment #8 — 22 pages) (PR# 5912)

9. Increase in Budget Authority for Rolling Hills Acquisition/Relocation

To authorize the expenditure of an additional $700,000.00 in housing bond program income for the acquisition of privately owned residential properties within rolling hills and the relocation of affected homeowners and tenants; and

To adopt an Ordinance Amending the general capital improvement project ordinance, fiscal year 2008—2009, the same being ordinance #13632 for the purpose of decreasing the appropriation reserve for pending projects and increasing the total appropriation for rolling hills by $700,000.00.

(Resource Person: Larry Jarvis — 4570 ext. 273) (Attachment #9 — 3 pages) (PR# 5914)

10. Communications Maintenance Software Purchase Agreement

To authorize the City Manager to execute the Purchase Agreement with Motorola Inc. in the amount of $135,651.76 for the purchase of the CommSHOP 360 Solution Software, implementation services, and first year maintenance and support; and

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

(Resource Person: Rik Rasmussen — 4175 ext. 244) (Attachment #10 — 11 pages) (PR# 5888)

11. Lease Agreement with Greyhound Lines, Inc. for Office Space at Durham Station

To authorize the City Manager to execute the Lease Agreement with Greyhound Lines, Inc. for a five—year lease for office space in the Durham Station, and

To authorize the City Manager to make changes to the lease provided the changes do not decrease the lease rates or change the intent of the agenda memo.

(Resource Person: David Fleischer — 4197 ext. 288) (Attachment #11 — 12 pages) (PR# 5903)

12. Construction Materials Testing and Special Inspections Services for Walltown Park Recreation Center

To authorize the City Manager to execute the Contract for Construction Materials Testing Services and Special Inspections for the Walltown Park Recreation Center with ECS Carolinas, LLP in the amount of $36,700.00;

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the compensation to be paid by the City and do not decrease the goods and services to be provided to the City;

To establish a project contingency in the amount of $19,500.00; and

To authorize the City Manager to negotiate and execute change orders on the Contract for Construction Materials Testing Services and Special Inspections for the Walltown Park Recreation Center, provided the total project cost does not exceed the amount budgeted for construction material testing and special inspection services plus the project contingency.

(Resource Person: John Paces—Wiles — 4197 ext. 252) (Attachment #12 — 9 pages) (PR# 5904)

13. Bethesda Park, Construction Manager at Risk (CMAR) Construction Services Amendment

To authorize the City Manager to negotiate and execute an Amendment No. 2 with Skanska USA Building for construction of Bethesda Park if the Guaranteed Maximum Price (GMP) does not exceed $4,048,000.00;

To establish a project contingency equal to the difference between $4,329,440.00, which is the full amount budgeted for construction phase services and the final GMP; and

To authorize the City Manager to negotiate and execute change orders on the Amendment No. 2, provided the total project cost does not exceed the amount budgeted for construction phase services.

(Resource Person: Henri Prosperi — 4197 ext. 253) (Attachment #13 — 9 pages) (PR# 5907)

15. Plan Amendment Public Hearing Process

To receive a report on the Plan Amendment Public Hearing Process.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #15 — 1 page) (PR# 5899)

16. Consulting Services Agreement between I2, Inc., and the City of Durham

To authorize the City Manager to execute a consulting services agreement between I2, Inc. and the City of Durham in an amount not to exceed $46,000.00 plus an amount not to exceed $8,000.00 in reimbursable travel, to implement iBase; and

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

(Resource Person: Jason Schiess — 4258) (Attachment # — 19 pages) (Attachment #16 — 16 pages) (PR# 5887)

17. The City of Durham and the Town of Chapel Hill "Temporary Law Enforcement Assistance during Halloween 2008" Grant Project Ordinance

To authorize the City Manager to accept the City of Durham and the Town of Chapel Hill "Temporary Law Enforcement Assistance during Halloween 2008" Grant by executing the grant documents; and

To adopt the City of Durham and the Town of Chapel Hill "Temporary Law Enforcement Assistance during Halloween 2008" Grant Project Ordinance superseding Grant Project Ordinance #13739.

(Resource Person: Kisha Ethridge — 4309) (Attachment #17 — 3 pages) (PR# 5902)

18. Contract SD—2009—01 Stormwater Drainage Repairs

To authorize the City Manager to execute a contract for SD—2009—01, Stormwater Drainage Repairs, with Billings & Garrett, Inc. in the amount of $166,843.00;

To establish a contingency fund in the amount of $58,395.05 (35%);

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $58,395.05 and the total project cost does not exceed $225,238.05; and

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

(Resource Person: Dana Hornkohl — 4326 ext. 246) (Attachment #18 — 4 pages) (PR# 5807)

19. Contract Amendment No. 3 Contract ST—227, 2006 Street Improvements

To authorize the City Manager to execute a contract amendment for ST—227, 2006 Street Improvements in the amount of $29,901.15; and

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

(Resource Person: Edward R. Venable — 4326 ext. 233) (Attachment #19 — 2 pages) (PR# 5916)

20. Stormwater Development Performance Standards Ordinance

To adopt an Ordinance that repeals existing Article X "Stormwater Performance Standards for New Development", Division 2, Neuse River Basin Standards, Section 70—736 through Section 70—740 of the Durham City Code and replace it with new Article X entitled "Stormwater Development Performance Standards".

(Resource Person: Sandra Wilbur — 4326 ext. 286) (Attachment #20 — 15 pages) (PR# 5920)

21. Extension of Temporary Ordinance Pertaining to Taxicab Rates Authorizing Fuel Surcharge and Clarification of Maximum Fares

To adopt an Ordinance Clarifying Maximum Fares Taxicab Operator Can Charge Passenger and Fourth Extension of Taxicab Surcharge.

(Resource Person: Gracie Chamblee — 4366) (Attachment #21 — 5 pages) (PR# 5919)

22. Ordinance to Amend Fee Schedule for Disposal and Roll—Off Container Rental Fees

To adopt an Ordinance to Change Solid Waste Department Fees For Municipal Solid Waste Disposal, Yard Waste Disposal, Shingles and Roll—Off Container Rental.

(Resource Person: Donald M. Long — 4186 ext. 222) (Attachment #22 — 4 pages) (PR# 5924)

23. Environmental Systems Research Institute Software Maintenance Service

To authorize the City Manager to purchase the renewable software maintenance service provided by Environmental Systems Research Institute, Inc. in the amount of $104,497.81 to cover the period of one year; and

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

(Resource Person: Marcus Bryant — 4122 ext. 249) (Attachment #23 — 11 pages) (PR# 5910)

24. Interactive Voice Response System Implementation

To authorize the City Manager to execute the contract with Tele—Works, Inc. in the amount of $91,800.00 to replace the current Interactive Voice Response system; and

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

(Resource Person: Marcus Bryant — 4122 ext. 249) (Attachment #24 — 17 pages) (PR# 5911)

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

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

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

[General Business Agenda]

28. 2008 Annual Crime Report

To receive the 2008 Annual Crime Report.

(Resource Person: Chief Jose Lopez, Sr. — 4322) (Attachment #28 — 32 pages) (PR# 5938)

34. Resolution of Intent to Consider an Ordinance to Change the Current Process for Conducting Municipal Elections

To adopt a resolution of intent for the City Council to consider adopting an ordinance to amend the City charter to change the current municipal election process to the non—partisan plurality process; and

To adopt a resolution to set a public hearing for March 16, 2009 to consider a proposed ordinance and charter amendment to change the current municipal election process to the non—partisan plurality process.

(Resource Person: Patrick W. Baker — 4158)

[General Business Agenda — Public Hearings]

29. Street Closing — 295 Linear Feet of Sumter Street (SC0800007)

To conduct a public hearing and receive public comments on the permanent closing of 295 linear feet of Sumter Street, north of Maxwell Street, south of West Pettigrew Street; and

To adopt an Order permanently closing 295 linear feet of Sumter Street.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #29 — 11 pages (PR# 5900)

30. Street Closing — 1,067 Linear Feet of Maxwell Street (SC0800008)

To conduct a public hearing and receive public comments on the permanent closing of 1,067 linear feet of Maxwell Street, west of South Buchanan Boulevard, east of Campus Drive; and

To adopt an Order permanently closing 1,067 linear feet of Maxwell Street.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #30 — 11 pages) (PR# 5901)

[Adjournment]