City Council · Regular Meeting · April 17, 2023

Durham City Council Action Agenda

Present: Mayor Elaine O’Nealand Council Members Javiera Caballero DeDreana Freeman Monique Holsey-Hyman Jillian Johnson Leonardo Williams Excused Absence:Mayor Pro-Tempore Mark-Anthony Middleton Mayor's State of the City Address was given.

Consent Agenda

1. Durham City-County Environmental Affairs Board - Appointment

To appoint Ben Goldberg to the Durham City-County Environmental Affairs Board representing Youth with the term to begin on April 17, 2023 and expire on April 17, 2024.

Vote: 6/0

2. Mayor's Hispanic/Latino Committee - Appointment

To appoint Victor G. Hiraldo to the Mayor's Hispanic/Latino Committee with the term expiring on October 1, 2024.

(Due to the term expiration of Linda Stone)

Vote: 6/0

3. Durham Worker's Rights Commission - Appointments

To appoint Bjorn Pedersen representing the category of Diverse Backgrounds and Antonio Luster representing the category of Durham's Largest Workplace to the Durham Workers' Rights Commission. The terms will expire on April 30, 2025.

(Due to the term expirations of Antonio Luster and Brian Powell)

Vote: 6/0

4. Human Relations Commission - Appointment

To appoint Natoskia L. Adams to the Human Relations Commission representing one (1) African-American Person with the term to expire June 30, 2024.

(Due to the resignation of Ebony Sneed)

Vote: 6/0

5. Durham Convention Center Authority - Appointment

To appoint Matthew E. Clobridge to the Durham Convention Center Authority with the term to expire on July 31, 2023.

(Due to the resignation of Ashley Varela)

Vote: 6/0

6. Durham Planning Commission - Appointment

To appoint Vikas Gurram to the Durham Planning Commission with the term to expire on June 30, 2024.

(Due to the resignation of Bruce Harrod)

Vote: 6/0

7. Raleigh Durham Airport Authority - Mayoral Appointment

To appoint Patrick Hannah to the Raleigh-Durham Airport Authority representing Mayor’s Appointee with the term to expire on June 30, 2025.

(Due to the term expiration of Yesenia Polanco)

Vote: 6/0

8. Mayor's Council for Women - Appointment

To appoint Darcel Dillard to the Mayor’s Council for Women representing Ward 3 with the term to expire on June 30, 2026.

(Due to the resignation of Lydia Mitchell)

Vote: 6/0

9. Resolution to Support Designation of Temporary Protected Status for Guatemalans

To adopt the proposed Resolution to Support Designation of Temporary Protected Status for Guatemalans.

Vote: 6/0

10. Durham City-County Appearance Commission Interlocal Agreement Renewal

To resolve that the City Manager is authorized to execute the renewal of the Durham City-County Appearance Commission Interlocal Agreement.

Vote: 6/0

11. Resolution Authorizing the Virtual City Auction

To adopt a resolution authorizing the Virtual City Auction to be held on June 19, 2023 at 6:00 p.m. Eastern Standard Time (EST).

Vote: 6/0

12. Contract for Cultural Roadmap Development with AMS Planning and Research

To authorize the City Manager to execute a contract with AMS Planning and Research in an amount not to exceed $330,000.

Vote: 6/0

13. Second Amendment to the Professional Services Contract with Timmons Group, Inc. for the East Club Boulevard Sidewalk Project

To authorize the City Manager to execute the second Amendment to the Timmons Group, Inc. Professional Services Contract for the East Club Boulevard Sidewalk project in the amount of $20,700, for a revised total contract amount of $67,600;

To establish a contingency fund for the contract in the amount of $6,800; and

To authorize the City Manager to negotiate and execute amendments to the contract, provided the total contract cost does not exceed $74,400.

Vote: 6/0

14. Construction Services Contract with SA Hauling & Utilities LLC for the Sidewalk Gaps III Project

To authorize the City Manager to execute a contract with SA Hauling & Utilities LLC for the Sidewalk Gaps III project in the amount of $1,084,216;

To establish a contingency fund for the contract in the amount of $141,000; and

To authorize the City Manager to negotiate and execute change orders to the contract, provided the total contract cost does not exceed $1,225,216.

Vote: 6/0

15. Construction Services Contract with Chatham Civil Contracting, LLC for the Beechwood Cemetery Expansion Project

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2022-23, as amended, the same being Ordinance # 16081, for the purpose of allocating additional funding for the Beechwood Cemetery project;

To authorize the City Manager to execute a contract with Chatham Civil Contracting, LLC for the Beechwood Cemetery Expansion project in the amount of $613,758.04;

To establish a contingency fund for the contract in the amount of $73,650.96; and

To authorize the City Manager to negotiate and execute change orders to the contract, provided the total contract cost does not exceed $687,409.

Vote: 6/0

16. Ordinance Amending Durham City Code Section 70-687 and Adding Section 70-691, Private Drainage Assistance Hardship Program

To adopt an Ordinance amending the Durham City Code of Ordinances Section 70-687 Amount of funding from stormwater utility funds, and adding a new Section 70-691 to the Durham City Code of Ordinances to establish the Private Drainage Assistance Hardship Program.

Vote: 6/0

17. Municipal Agreement with NCDOT for Bike Lane Vertical Protection (TIP # BL-0030)

To authorize the City Manager to execute the municipal agreement with the NC Department of Transportation for the Bike Lane Vertical Protection project (TIP # BL-0030); and

To adopt Federal Highway Administration Funding from the NC Department of Transportation for the Purpose of Constructing Bike Lane Vertical Protection (BL-0030) Grant Project Ordinance and Authorize the Execution of the Grant Agreement, in the amount of $198,217.

Vote: 6/0

18. Contract Amendment 2 to the Professional Engineering Services Contract with Hazen and Sawyer, P.C. for the East Durham Water and Sewer Rehabilitation and Belt Street Regional Stormwater Improvements Project – Phase 1B

To authorize the City Manager to execute Contract Amendment No. 2 to the East Durham Water and Sewer Rehabilitation and Belt Street Regional Stormwater Improvements Project with Hazen and Sawyer, P.C. in an amount not to exceed $579,495.77, increasing the total contract amount to $4,346,838.44;

To establish an increase in the contingency fund in the amount of $62,390.13, for a revised, total contingency amount not to exceed $434,683.85; and

To authorize the City Manager to negotiate modifications for the contract provided that the total contract cost does not exceed $4,781,522.29.

Vote: 6/0

19. Award of Bid-Term Contract for Bulk Aluminum Sulfate to C&S Chemicals

To authorize the City Manager to execute a two-year blanket order agreement for the purchase of aluminum sulfate from C&S Chemicals in the amount of $1,814,880; and

To authorize the City Manager or designee to execute and issue purchase orders pursuant to the blanket-order agreement.

Vote: 6/0

20. Award of Service Contract to Tri-Area Land Works, Ltd. Liability Co. for the Grounds Maintenance Services for Sanitary Sewer Lift Stations and Various Remote Water Sites Project

To authorize the City Manager to execute a service contract with Tri-Area Land Works, Ltd. Liability Co. to provide grounds maintenance services for sanitary sewer lift stations and various remote water sites, in the amount not to exceed $1,760,362; and

To authorize the City Manager to negotiate modifications for the contract provided that the total contract cost does not exceed $1,760,362.

Vote: 6/0

25. Contract Amendment No. 3 to the Professional Engineering Services Contract with Kimley – Horn and Associates Inc. for the Lakewood Ave. Sewer and NC -54 Waterline Replacements

To authorize the City Manager to execute Contract Amendment No. 3 to the Lakewood Ave. Sewer and NC-54 Waterline Replacements Projects with Kimley-Horn and Associates Inc. in the amount of $228,900, increasing the total contract amount to $2,481,484;

To establish and increase in the contingency fund in the amount of $22,889, for a revised, total contingency amount not to exceed $138,362; and

To authorize the City Manager to negotiate modifications for the contract provided that the total contract cost does not exceed $2,619,846.

Vote: 6/0

General Business Agenda - Public Hearings

21. Consolidated Annexation – 4501 Glenn Road

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing '4501 Glenn Road' into the City of Durham effective June 30, 2023; and to authorize the City Manager to enter into a utility extension agreement with Matthew and Molly Minor; Ayes: Mayor O’Neal and Council Members Caballero, Freeman, Johnson and Williams.Noes:Council Member Holsey-Hyman. Excused Absence: Mayor Pro Tempore Middleton.

Vote: 5/1

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-10 (RS-10), Falls/Jordan District - A (F/J-A), County Jurisdiction and establishing the same as Residential Suburban-10 (RS-10), Falls/Jordan District - A (F/J-A), City Jurisdiction; and Ayes: Mayor O’Neal and Council Members Caballero, Freeman, Johnson and Williams.Noes:Council Member Holsey-Hyman. Excused Absence: Mayor Pro Tempore Middleton.

Vote: 5/1

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.

Vote: 6/0

22. Unified Development Ordinance Text Amendment Improving Access and Walkability

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 12, Infrastructure and Public Improvements; Article 13, Additional Requirements for Subdivisions, Article 15, Enforcement, and Article 17, Definitions, effective June 1, 2023; and

Vote: 6/0

Motion #2: To adopt the appropriate consistency statement as required per NCGS - 160D-605.

Vote: 6/0

23. Unified Development Ordinance Text Amendment Regarding Pet Waste Receptacles

To conduct a public hearing to receive comments and consider the following motions:

Motion #1: To adopt an ordinance amending the Durham Unified Development Ordinance, incorporating revisions to Article 7, Design Standards and Article 9, Landscaping and Buffering, effective May 1, 2023; and

Vote: 6/0

Motion #2: To adopt the appropriate consistency statement as required per NCGS - 160D-605.

Vote: 6/0

24. Revisions to the Durham City Code Sections 70-736 through 70-744 – Stormwater Performance Standards for Development

To conduct a public hearing to receive public comment on proposed revisions to Durham City Code Sections 70-736 through 70-744; and

Vote: 6/0

To adopt an Ordinance amending the Durham City Code, Sections 70-736 through 70-744, Stormwater Performance Standards for Development.

Vote: 6/0

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=579&doctype=1#mediaAndItemView "Read more details about this section") 9:55 p.m.