Durham City Council Action Agenda
Present: Mayor Leonardo Williams Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Nate Baker Javiera Caballero Chelsea Cook DeDreana Freeman Carl Rist Absent: None
Consent Agenda
1. RECREATION ADVISORY COMMISSION - APPOINTMENT
To appoint Larry Dale McKeel to the Recreation Advisory Commission representing a Person with a Disability with the term expiring August 8, 2025.
(Due to the resignation of Marcella Scurlock-Jones)
Vote: 7/0
2. DURHAM CITY-COUNTY ENVIRONMENTAL AFFAIRS BOARD - APPOINTMENT
To reappoint Ben Goldberg to the Durham City-County Environmental Affairs Board representing Youth with the term to expire on April 17, 2025.
(Due to the term expiration of Ben Goldberg)
Vote: 7/0
3. DURHAM CULTURAL ADVISORY BOARD - APPOINTMENT
To appoint Lorenzo A. Pedro to the Durham Cultural Advisory Board with the term to expire on June 30, 2027.
(Due to the termination of Raafe Purnsley)
Vote: 7/0
4. FEBRUARY 2024 BID REPORT
To receive a report on the bids that were acted upon by the City Manager in February 2024.
Vote: 7/0
5. TAKE-HOME VEHICLE PERFORMANCE AUDIT REPORT FEBRUARY 2024
To receive the Take-Home Vehicle Performance Audit approved at the February 2024 Audit Services Oversight Committee meeting.
Vote: 7/0
6. FY 2024-25 BUDGET DEVELOPMENT GUIDELINES
To adopt the Budget Development Guidelines to be used for the development of the FY2024-25 Budget and Capital Improvement Plan (CIP).
Vote: 7/0
7. FY24 GRANT AGREEMENT FOR AN IMMIGRATION LEGAL DEFENSE PROJECT
To authorize the City Manager to execute the FY24 Grant Agreement for the Immigration Legal Defense Project with JusticeMatters, Inc. in an amount not to exceed $250,000.
Vote: 7/0
8. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – WORKER’S SUSTAINABILITY
To authorize the City Manager to execute an ARPA subrecipient grant agreement with National Domestic Worker's Alliance, Inc. in an amount not to exceed $1,000,000.
Vote: 7/0
9. MCKISSICK SQUARE DEVELOPMENT AMENDED LOAN COMMITMENT – AMERICAN RESCUE PLAN ACT (ARPA) AFFORDABLE HOUSING FUNDS
To authorize the City Manager to increase the commitment of funding in the amount of $3,600,000 to McKissick Square Limited Partnership or its designated affiliate approved by the City, for a total binding commitment of construction to permanent financing in an amount up to $5,000,000, funded by American Rescue Plan Act under the State and Local Fiscal Recovery Funds section for the development of sixty-six (66) units of multifamily housing;
To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate in order to carry out the purpose and intent of this conditional binding commitment of permanent financing; and
To authorize the City Manager to make necessary and sundry changes to the conditional binding commitment of permanent financing so long as the changes do not increase the financial obligations of the City, and the changes taken as a whole, are not less favorable to the City.
Vote: 7/0
11. REVISED ORDINANCE, SUNSET EXTENSION AND POLICY FOR THE EQUAL BUSINESS OPPORTUNITY PROGRAM (EBOP)
SUBSTITUTE MOTION: To amend Item 11 – Revised Ordinance, Sunset Extension and Policy for the Equal Business Opportunity Program (EBOP)“by striking the word ‘aspirational’ from the phrase “aspirational participation goals” where it appears throughout the document”. Ayes: Mayor Williams and Council Members Baker, Caballero, Cook, Freeman and Rist. Noes: Mayor Pro Tempore Middleton.]
Vote: 6/1
To adopt the AMENDED ordinance to revise the Equal Business Opportunity Program to promote Equal Business Opportunities in City contracting.
Vote: 7/0
To authorize the City Manager to establish an EBOP implementation policy, and to make subsequent revisions to the policy, as necessary to effectively administer the EBOP Ordinance.
Vote: 7/0
12. PROPOSED LEASE AGREEMENT WITH DURHAM HOUSING AUTHORITY AT 531 LAKELAND STREET
To adopt a resolution authorizing the City Manager to execute a lease agreement with the Durham Housing Authority with a three-year (3) term, for a rental rate of $1 annually, for the operation of its community engagement and outreach programs located at 531 Lakeland Street, Parcel ID 211054, having first determined that this portion of the property is not needed for any defined future public purpose during the term of the lease; and
To authorize the City Manager to execute subsequent documents, including two (2) three-year (3) renewals, permitted by, or required by either the Lease Agreement, including any amendments, or related documents.
Vote: 7/0
13. TENTH AMENDMENT TO THE ASSIGNMENT AGREEMENT FOR THE DURHAM ATHLETIC PARK OPERATING AGREEMENT
To authorize the City Manager to execute the Tenth Amendment to the Assignment Agreement for the Durham Athletic Park (DAP) Operating Agreement with The Durham Bulls Baseball Club, Inc. extending the operation of the DAP to September 30, 2024, with an option for an additional twelve (12) months through September 30, 2025 at the contract amount of $119,228.16 annually.
Vote: 7/0
14. PROJECT CONSTRUCTION MANAGER AT RISK (CMAR) CONTRACT FOR PRECONSTRUCTION SERVICES WITH LECHASE CONSTRUCTION SERVICES, LLC FOR THE CITY HALL AND ANNEX HVAC PROJECT
To adopt the Resolution finding that the use of Construction Manager at Risk services is in the best interest of the City Hall and Annex HVAC project as determined by the City pursuant to N.C.G.S. 143-128.1(e);
To adopt a Resolution approving the prequalification process for the City Hall and Annex HVAC project consistent with the requirements of N.C.G.S. 143-128.1(c); and
To authorize the City Manager to negotiate and execute a Construction Manager at Risk contract with LECHASE CONSTRUCTION SERVICES, LLC for preconstruction services for the City Hall and Annex HVAC project in the lump sum amount of $53,053.
Vote: 7/0
15. CONTRACT WITH MBP CAROLINAS, INC. FOR COMMISSIONING SERVICES FOR THE CITY HALL AND ANNEX HVAC PROJECT
To authorize the City Manager to execute a contract with MBP Carolinas, Inc. for the City Hall and Annex HVAC project in an amount not to exceed $74,000;
To establish a contingency fund in the amount of $11,100; and
To authorize the City Manager to negotiate and execute modifications to the contract for the City Hall and Annex HVAC project with MBP Carolinas, Inc., provided that the total contract amount including existing contingency funds does not exceed $85,100.
Vote: 7/0
16. PROFESSIONAL SERVICES DESIGN CONTRACT WITH CMTA OF KENTUCKY, INC. FOR THE CITY HALL AND ANNEX HVAC PROJECT
To authorize the City Manager to execute a Professional Services contract for the City Hall and Annex HVAC project with CMTA of Kentucky, Inc. in an amount not to exceed $464,000;
To establish a contingency in the amount of $69,600; and
To authorize the City Manager to negotiate and execute modifications to the Professional Services contract for the City Hall and Annex HVAC project with CMTA of Kentucky, Inc., provided that the total contract amount including existing contingency funds does not exceed $533,600.
Vote: 7/0
17. INTERLOCAL AGREEMENT WITH DURHAM COUNTY FOR THE SOUTHEAST DURHAM WATERSHED IMPROVEMENT PLAN
To resolve that the City Manager be authorized to execute an interlocal agreement for contract SP-2023-01, the Southeast Durham Watershed Improvement Plan, with Durham County; and
To authorize the City Manager to accept funds from Durham County for Contract SP-2023-01 in the amount of $910,895.51.
Vote: 7/0
18. SECOND AMENDED AND RESTATED CONTRACT WITH ATLAS ORGANICS CU02, LLC FOR MANAGEMENT OF THE CITY-OWNED COMPOSTING FACILITIES
To authorize the City Manager to negotiate and to execute the Second Amended and Restated Contract Between the City of Durham and Atlas Organics CU02, LLC for Management of the City-owned Composting Facilities in an amount that does not exceed $9,107,600.
Vote: 7/0
The following item(s) were disposed during the March 21, 2024 City Council Work Session
10. PORTABLE RADIO GRANT AGREEMENT APPROVAL
[This item was approved during the March 21, 2024 City Council Work Session by Vote: 7/0.]
19. DURHAM DESTINATION MASTER PLAN
[A presentation was made during the March 21, 2024 City Council Work Session.]
23. DONALD RAINS
[Comments were received during the March 21, 2024 City Council Work Session.]
24. HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) GRANT PROJECT ORDINANCES FOR FY2022-2023, FY2021-2022, FY2020-2021, FY2019-2020, FY2016-2017
[This item was approved during the March 21, 2024 City Council Work Session by Vote: 7/0]
General Business Agenda - Public Hearings
20. CONSOLIDATED ANNEXATION – AURA 751
To conduct a public hearing to receive comments and consider the following motions:
Motion 1: To adopt an ordinance annexing 'Aura 751' into the City of Durham; and to authorize the City Manager to enter into a utility extension agreement with Trinsic Acquisition Company, LLC;
Vote: 7/0
Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, Major Transportation Corridor I-40, Falls/Jordan District B, county jurisdiction and establishing the same as Planned Density Residential 30.594, Major Transportation Corridor I-40, Falls/Jordan District B, city jurisdiction; and
Vote: 7/0
Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
Vote: 7/0
21. CONSOLIDATED ANNEXATION – LEIGH VALLEY
To conduct a public hearing to receive comments and consider the following motions:
Motion 1: To adopt an ordinance annexing 'Leigh Valley' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Greenhawk Corporation, Inc.;
Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Suburban-20, Falls/Jordan Lake Watershed Protection District B, Major Transportation Corridor I-40, county jurisdiction and establishing the same as Residential Compact with a Development Plan and Residential Suburban-20, Falls/Jordan Lake Watershed Protection District B, Major Transportation Corridor I-40, city jurisdiction; and
Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
[Public Hearing remains open through the September 3, 2024 City Council Meeting. No vote taken.]
22. CONSOLIDATED ANNEXATION – 1324 BUNGALOW AVE
To conduct a public hearing to receive comments and consider two alternative sets of motions provided:
Motion 1: To adopt an ordinance annexing '1324 Bungalow Ave' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with CWH Properties, LLC;
Vote: 7/0
Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, Falls/Jordan Lake Watershed Overlay District B, county jurisdiction and establishing the same as Residential Suburban-20, Falls/Jordan Lake Watershed Overlay District B, city jurisdiction; and
Vote: 7/0
Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
Vote: 7/0
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=639&doctype=1#mediaAndItemView "Read more details about this section"): 10:04 P.M.