City Council · Regular Meeting · April 18, 2024

City Council Work Session Agenda

Please note:Agenda items are current at time of posting.Items may be changed, updated or added after initial posting. To access Agenda-related documents, please click on the underlined Agenda Item title. Click here https://us06web.zoom.us/webinar/register/WN\_RogukrhhTIm3ake4etZ0Fg to register to speak during the Work Session.Your registration should be submitted by 10:00 a.m. on the day of the Work Session and your access will be audio only.Please note that Public Hearings are not eligible for comment during a Work Session, and the chat and Q&A functions will not be available in the virtual meeting. Registration is not required to watch the Work Session.Click here for ways to watch. Registration is not required to provide written comments to City Council.Written comments can be submitted here by 10:00 a.m. on the day of the Work Session. Call to Order

Roll Call

Announcements by Council

Priority Items by the City Manager, City Attorney and City Clerk

Administrative Consent Items

City Clerk's Office

1. PARTICIPATORY BUDGETING STEERING COMMITTEE - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Participatory Budgeting Steering Committee representing At-Large with the term to expire on June 30, 2026.

(Due to the resignation of Trey C. Gibson)

Departmental Items

City-County Planning Department

2. RESOLUTION TO SET A PUBLIC HEARING TO CONSIDER PERMANENT CLOSURE OF 479 LINEAR FEET OF DACIAN AVENUE

To adopt a resolution to set a public hearing on the 20th day of May, 2024 at 7:00 p.m. in the City Council Chambers, 101 City Hall Plaza, Durham, North Carolina to consider permanently closing 479 linear feet of Dacian Avenue.

Community Development Department

3. RESOLUTION AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTIES TO DURHAM COMMUNITY LAND TRUSTEES INC. AND THE APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT

To authorize the City Manager to adopt a resolution declaring 106 East Piedmont Street(PIN 0821-83-3143, Parcel ID# 118731), 108 East Piedmont Street (PIN 0821-83-3193, Parcel ID# 118730), 902 South Roxboro Street (PIN 0821-83-6583, Parcel ID# 118622), 904 South Roxboro Street (PIN 0821-83-6488, Parcel ID# 118621) and 2604 East Main Street (PIN 0831-83-5769, Parcel ID# 114277) as surplus properties and authorize the conveyance of such properties by private sale, pursuant to N.C. Gen. Statute 160A-279, to the non-profit organization Durham Community Land Trustees Inc.; and

To authorize the City Manager to execute all associated documents for the conveyance of City surplus property, to include the negotiation and execution of a Development Agreement between the City of Durham and Durham Community Land Trustees Inc. that shall be consistent with the adopted resolution.

4. RESOLUTION AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTIES TO BLACK LAMB DEVELOPMENT CORPORATION AND THE APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT

To authorize the City Manager to adopt a resolution declaring 600 Liberty Street (PIN 0831-26-3214, Parcel ID# 102893), and 2211 Hart Street (PIN 0831-63-8234, Parcel ID# 223162) as surplus properties and authorize the conveyance of such properties by private sale, pursuant to N.C. Gen. Statute 160A-279, to the non-profit organization Black Lamb Development Corporation; and

To authorize the City Manager to execute all associated documents for the conveyance of City surplus property, to include the negotiation and execution of a Development Agreement between the City of Durham and Black Lamb Development Corporation that shall be consistent with the adopted resolution.

5. CONTRACT AMENDMENT #1 WITH MCCORMACK BARON SALAZAR DEVELOPMENT FOR LOFTS AT SOUTHSIDE PHASE III AND PHASE IV SITE PREPARATION AND ENVIRONMENTAL ASSESSMENT

To authorize the City Manager to execute a contract amendment for site preparation, environmental testing and remediation for the Lofts at Southside Phase III and Phase IV sites with McCormack Baron Salazar Development in the amount of $1,250,000 for a total funding commitment of $3,000,000; and

To authorize the City Manager to negotiate and execute changes to the contract provided that the total cost of the contract together with all modifications does not exceed $3,000,000.

6. LOFTS AT SOUTHSIDE PHASE III AMENDED DEVELOPMENT LOAN COMMITMENT

To authorize the City Manager to issue to Southside Revitalization Phase III or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in the amount of $2,775,000 under the American Rescue Plan Act under the State and Local Fiscal Recovery Funds section, for the development of fifty-six (56) affordable rental units at the Lofts at Southside Apartments Phase III;

To authorize the City Manager to issue to Southside Revitalization Phase III or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in the amount of $500,000 in Community Project Funding, for the development of fifty-six (56) affordable rental units at the Lofts at Southside Apartments Phase III;

To authorize the City Manager to issue to Southside Revitalization Phase III or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in the amount of $3,956,487 in Dedicated Housing Funds for a total binding commitment of $7,231,487, for the development of fifty-six (56) affordable rental units at the Lofts at Southside Apartments Phase III;

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;

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; and

To adopt an ordinance amending the City of Durham Budget Ordinance as amended, Fiscal Year 2023-2024, the same being Ordinance #16275.

7. LOFTS AT SOUTHSIDE PHASE IV AMENDED DEVELOPMENT LOAN COMMITMENT

To authorize the City Manager to issue to Southside Revitalization Phase IV LP or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in an amount up to $5,830,540 in Affordable Housing Bond Funds for the development of 44 affordable rental units at the Lofts at Southside Apartments Phase IV;

To authorize the City Manager to issue to Southside Revitalization Phase IV LP or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in an amount up to $2,043,513 in Dedicated Housing Bond Funds, for a total binding commitment of construction to permanent financing in the amount of $7,874,053, for the development of 44 affordable rental units at the Lofts at Southside Apartments Phase IV;

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.

8. RESOLUTION AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTIES TO HABITAT FOR HUMANITY OF DURHAM, INC. AND THE APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT

To authorize the City Manager to adopt a resolution declaring 227 North Reynolds Avenue (PIN 0820-02-2439, Parcel ID# 134679), 1300 Fleetwood Street (PIN 0831-20-2429, Parcel ID# 118012), 711 Belgreen Road (PIN 0729-84-3937, Parcel ID# 155670), 118 Barnhill Street (PIN 0820-35-3079, Parcel ID# 122337) and 119 Barnhill Street (PIN 0820-35-5316, Parcel ID# 122320) as surplus properties and authorize the conveyance of such properties by private sale, pursuant to N.C. Gen. Statute 160A-279, to the non-profit organization Habitat for Humanity of Durham, Inc.; and

To authorize the City Manager to execute all associated documents for the conveyance of City surplus property, to include the negotiation and execution of a Development Agreement between the City of Durham and Habitat for Humanity of Durham, Inc. that shall be consistent with the adopted resolution.

Finance Department

9. UTILITY SYSTEM REVENUE BONDS, SERIES 2024

To adopt a Resolution authorizing the sale of not to exceed $84,000,000 Utility System Revenue Bonds, Series 2024 and the execution of other legal documents related to the bond sale.

General Services Department

10. DURHAM STATION TRANSIT CENTER IMPROVEMENTS PROJECT AUTHORIZATION TO NEGOTIATE AND EXECUTE A GUARANTEED MAXIMUM PRICE AMENDMENT TO THE CONSTRUCTION MANAGER AT RISK CONTRACT FOR CONSTRUCTION SERVICES

To authorize the City Manager to negotiate and execute a Guaranteed Maximum Price (GMP) Amendment with Samet Corporation and W.C. Construction Company, LLC, a Joint Venture for construction of the Durham Station Transit Center Improvements in an amount not to exceed $18,659,789, for a revised total CMAR contract amount of $18,749,791;

To establish a contingency fund in the amount of $570,259; and

To authorize the City Manager to negotiate and execute modifications to the CMAR contract, including both preconstruction and construction services, provided that the total contract amount, together with all modifications, does not exceed $19,320,050.

Public Works Department

11. CONTRACT ST-332C PAVEMENT CONDITION SURVEY 2024

To authorize the City Manager to execute a professional services contract for ST-332C Pavement Condition Survey 2024 with Roadway Asset Services, LLC in the amount not to exceed $393,725.00;

To establish a contingency fund in the amount of $59,058.75; and

To authorize the City Manager to negotiate and execute modifications to ST-332C Pavement Condition Survey 2024 provided that the total cost of the contract together with all modifications does not exceed $452,783.75.

12. CONTRACT AMENDMENT NO. 1 FOR SW-94 SIDEWALK REPAIRS 2024

To authorize the City Manager to execute Amendment No.1 for construction contract SW-94 Sidewalk Repairs 2024 with Browe Construction Company, in the amount of $450,000 for a total, revised contract amount not to exceed $6,436,791; and

To authorize the City Manager to negotiate and execute modifications to SW-94 Sidewalk Repairs 2024, provided that the total contract amount including existing contingency funds does not exceed $6,536,791.

13. CONTRACT AMENDMENT NO. 3 FOR ST-317C UTILITY LOCATE SERVICES

To authorize the City Manager to execute contract Amendment No. 3 for ST-317C Utility Locate Services with KCI Associates of North Carolina, P.A. in the amount of $470,000 for a total revised contract amount not to exceed $2,092,000.

14. STREET AND INFRASTRUCTURE ACCEPTANCES

To accept certain streets and infrastructure in Andrews Chapel Phases 3C, 5A, 5B, 6, 6A, and the Force Main and Outfalls; Enclave at Leesville Phases 1 and 4; FedEx Freight / 5203 Chin Page Road (excluding sewer); Fendol Farms Phases 1C, 1F, 1G, 1H, 1I, 1K, 1L, 1M, 1O, 1P, and 1R; Jordan at Southpoint Phase 4; Lakeshore Phases 1A, 1B, 1C, 1D,1E, and 1F (excluding sewer); Page Square Phases 1 and 2 (excluding sewer); Sykes Property Phase 1; West Brier Townes at Alexander Phase 3 (excluding sewer); 1321 South Alston Avenue; Angier Avenue; FKC Eno River; Merrick Street; Southeast Regional Lift Station Phase 1; and Springhill Suites for maintenance by the City of Durham.

Transportation Department

15. CONSTRUCTION OF 17 RECTANGULAR RAPID FLASHING BEACONS (RRFBS) AT SCHOOL AND TRAIL CROSSINGS

To authorize the City Manager to execute a contract with LMJ Pavement Marking, LLC in the amount of $802,000 for the installation of 17 Rectangular Rapid Flashing Beacons (RRFBs);

To establish a project contingency fund in the amount of $120,300; and

To authorize the City Manager to negotiate change orders to the project provided the cost of the contract, including all change orders, does not exceed the total contract cost of $922,300.

16. TRANSIT GRANT PROJECT ORDINANCE AMENDMENT FOR DURHAM STATION

To adopt FY2022-23 Bus and Bus Facilities Grant Project Ordinance For The Rehabilitation of Durham Station Supersedes Grant Project Ordinance #16276 and Authorization to Execute Grant Agreement.

Water Management Department

17. BLANKET PURCHASE ORDER AGREEMENT WITH CORE & MAIN, LP FOR NEPTUNE WATER METERS AND COMPONENTS

To authorize the City Manager to execute a 1-year blanket purchase order agreement with Core & Main, LP for the purchase of Neptune meters and components in the amount of $775,000; and

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

18. AGREEMENT BETWEEN CITY OF DURHAM AND ORANGE WATER AND SEWER AUTHORITY REGARDING MUTUAL AID FOR DRINKING WATER SUPPLY

To authorize the City Manager to execute an Agreement Between City of Durham and Orange Water and Sewer Authority Regarding Mutual Aid for Drinking Water Supply.

19. [PROPOSED WATER AND SEWER RATES FOR FY 2024-2025[15 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=642&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation regarding the proposed Water and Sewer Rates for FY 2024-2025; and

To adopt an ordinance to change rates for water and sewer service, Section 1, Part 15-104 of the City’s fee schedule, effective July 1, 2024 and the newly adopted rates shall be applied to all bills issued after August 1, 2024.

Presentations

Finance Department

20. [GENERAL OBLIGATION (GO) BOND REFERENDUM PRESENTATION AND DISCUSSION[30 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=642&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on a General Obligation Bond Referendum for the upcoming election cycle.

Human Resources Department

21. [CITY OF DURHAM CLASSIFICATION AND COMPENSATION STUDY PRESENTATION[45 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=642&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the 2023 - 2024 Classification and Compensation Study.

Public Hearings

City-County Planning Department

22. CONSOLIDATED ANNEXATION – CATES ESTATE

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

Motion 1: To adopt an ordinance annexing 'Cates Estate' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Patrick and Rebecca Cates;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Subruban-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

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

23. CONSOLIDATED ZONING MAP CHANGE – FOX CROSSING II

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

Motion 1: To authorize the City Manager to enter into a utility extension agreement with Burnham SE Acquisitions, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Urban-5, Falls/Jordan Lake Watershed Protection District B, and establishing the same as Planned Development Residential 12.750, Falls/Jordan Lake Watershed Protection District B; and

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. 160D-605.

Public Works Department

24. [FY2025 STORMWATER RATES[15 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=642&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the Stormwater Fund and Rates;

To conduct a public hearing to receive public comment on the proposed FY2025 stormwater rates; and

To adopt an ordinance to amend the Fee Schedule revising the stormwater rates to become effective July 1, 2024.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=642&doctype=1#mediaAndItemView "Read more details about this section") Rules of Decorum for Citizen Participation In support of and respect for an open, fair and informed decision-making process, the City Council and the Administration recognize that: - civil, respectful and courteous discourse and behavior are conducive to the democratic and harmonious airing of concerns and decision making; and - un-civil discourse and/or discourteous and inappropriate behavior have a negative impact on the character and productivity of the decision-making process. In an effort to preserve the intent of open government and maintain a positive environment for citizen input and Council decision-making, the following Rules of Decorum have been established. Compliance with these rules is expected and appreciated. 1. All citizens may participate in the public process. 2. Speakers will conduct themselves in a civil and respectful manner at all times. - Name-calling, shouting, yelling, screaming, profanity and/or obscenity is forbidden. - Refrain from the use of obscene language, “fighting words” likely to incite violence from the individual(s) to whom the words are addressed, or other language which is disruptive to the orderly and fair progress of discussion at the meeting. - Speakers will refrain from making comments of a personal nature regarding others. 3. The Mayor serves as the presiding officer of the Council; the Mayor Pro Tem serves in the Mayor's absence. - Speakers will state their name and address. - Speakers will address the presiding officer. - Questions to Council members or City staff will be facilitated by the presiding officer. - Speakers will refrain from the use of individual City staff names. It is appropriate to refer to staff by title and/or department. 4. Citizens must sign up to address Council using procedures outlined for Council meetings and Council Work Sessions. 5. Citizens may speak only to the matter for which they signed up and, in the case of public hearings, those matters which have been advertised and placed on the Council meeting agenda. 6. Citizens are encouraged to prepare remarks in advance for submission to the public record. Prepared remarks should be submitted to the Clerk prior to the start of the meeting or at the end of their comments. Additional material may be submitted to supplement remarks. 7. In an effort to accommodate all who wish to address Council at a Council meeting while preserving a reasonable and efficient meeting schedule, each speaker will have a specified amount of time to deliver comments. Comments will be timed by the City Clerk or designee; signals will be provided at the one-minute and 30-second measures. Speakers are expected to cease comments immediately upon end-time. - Council Work Sessions: Citizens who sign up in advance will be allowed to speak for up to 3 minutes. - City Council Meetings: Citizens who sign up in advance will be allowed to speak for up to 3 minutes. 8. Audience members shall: - Refrain from private conversations during the meeting - Come and go from the meeting space in the least disruptive manner possible. 9. No campaign placards, banners, or signs will be permitted in the City Council Chambers or Committee Room. Other signage is permitted except signs which violate the Rules of Decorum or that block the view of other attendees. 10. Exhibits, displays, and visual aids used in connection with presentations to the City Council are permitted. Video and/or PowerPoint presentations requested by citizens as visual aids must be submitted in advance via the Request to Speak form. Flash drives or any other hardware will not be inserted or connected to the City’s equipment or network.