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\_TbLwXoV-TRuY4KF5rAeYrA to register to speak during the Work Session.Your registration must 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. Approval of City Council Minutes
To approve the City Council minutes for the following meetings: February 2, 2023 Council Legislative Committee Meeting, February 20, 2023 Legislative Delegation Meeting, February 20, 2023 Regular Meeting, February 23, 2023 Work Session, March 1, 2023 Joint City-Planning Commission Meeting, March 2, 2023 Budget Retreat, March 3, 2023 Budget Retreat, March 6, 2023 Regular Meeting and March 9, 2023 Work Session.
2. Durham Bicycle and Pedestrian Advisory Commission - Appointment
To appoint a resident to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission representing an At-Large Resident with the term to expire on August 31, 2025.
(Due to the resignation of Ryan Phillips)
Finance Department
3. March 2023 Bid Report
To receive a report on the bids that were acted upon by the City Manager in March 2023.
Public Works Department
4. Street and Infrastructure Acceptances
To accept certain streets and infrastructure in Belgreen Phases 1 and 2; Chapel Run Phases 1, 2, and 3; East Carver Street Extension; Fendol Farms Phases 1 A, B, C, D, J, and N; Towns at Southpoint (Southpoint Station); Carillon North Durham; Elliott Square; and Sport Durst Mazda for maintenance by the City of Durham.
Departmental Items
Audit Services Department
5. Wire Transfer Process Performance Audit March 2023
To receive the Wire Transfer Process Performance Audit approved at the March 27, 2023, Audit Services Oversight Committee meeting.
Community Development Department
6. Second Amendment to Amended and Restated Construction to Permanent Loan Agreement with CASA for 2702 North Duke Street (Bryan Place Apartments)
To authorize the City Manager to amend the amended and restated loan agreement contract no. 17874 with CASA to an amount not to exceed $2,498,821, for the development of Bryan Place Apartments at 2702 North Duke Street.
To authorize the City Manager to execute the second amendment to amended and restated construction to permanent loan agreement contract no. 17874 and any other necessary and customary loan documents for the Project.
General Services Department
7. [Ellerbe Creek Watershed Association Dedicated Nature Preserve Proposal Alternatives [15 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=580&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation on alternatives to the Dedicated Nature Preserve;
To direct staff to enter negotiations with the State of North Carolina Department of Natural and Cultural Resources to draft a voluntary agreement to register the subject property as a Registered Heritage Area;
To direct staff to craft City Code of Ordinance language to protect the area through self-directed action; and
To authorize the City Manager to make changes to the area preserved as further investigation is completed before finalizing any registration or protection of the property.
Solid Waste Management Department
8. Amendment #2 to the Contract with Waste Industries, LLC for Transfer Station Construction, Operation, Transport and Disposal Services
To approve Amendment #2 to the Contract Between the City of Durham and Waste Industries, LLC for Transfer Station Construction, Operation, Transport and Disposal Services for an amount not to exceed $55,000,000; and
To authorize the City Manager to execute Amendment #2.
Transportation Department
9. Municipal Construction Agreement with NCDOT for Cornwallis Road and NCRR Grade Separation TIP # P-5717
To authorize the City Manager to execute a municipal construction agreement with the North Carolina Department of Transportation for 'betterments' to be included in NCDOT Project P-5717 for an estimated cost of $56,473.03.
Water Management Department
10. Resolution to Readopt Water Shortage Response Plan
To readopt the Water Shortage Response Plan by resolution.
Public Hearings
Community Development Department
11. FY 2023-2024 Draft Annual Action Plan “Needs” Public Hearing, Annual Action Plan Adoption and Grant Project Ordinances
To conduct a "Needs" Public Hearing for the Draft FY 2023-2024 Annual Action Plan to receive comments related to community development needs in Durham;
To adopt the Draft FY 2023-2024 Annual Action Plan upon closure of the Public Hearing;
To adopt the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG) FY 2023-2024 Grant Project Ordinance in the amount of $2,138,871 and Authorization to Execute Grant Agreement;
To adopt the U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) FY 2023-2024 Grant Project Ordinance in the amount of $1,417,035 and Authorization to Execute Grant Agreement;
To adopt the U.S. Department of Housing and Urban Development (HUD) Emergency Solutions Grant Program (ESG) FY 2023-2024 Grant Project Ordinance in the amount of $182,563 and Authorization to Execute Grant Agreement; and
To adopt the U.S. Department of Housing and Urban Development (HUD) Housing Opportunities for Persons with AIDS Program FY 2023-2024 Grant Project Ordinance in the amount of $1,066,328 and Authorization to Execute Grant Agreement.
City-County Planning Department
12. Unified Development Ordinance Text Amendment - Simplifying Codes for Affordable Development
To conduct a public hearing to receive comments and consider the following motions:
Motion #1: To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits; Article 4, Zoning Districts; Article 5, Use Regulations; Article 6, District Intensity Standards; Article 7, Design Standards; Article 8, Environmental Protection; Article 9, Landscaping and Buffering; Article 10, Parking and Loading; Article 12, Infrastructure and Public Improvements; Article 13, Additional Requirements for Subdivisions; Article 14, Nonconformities; Article 16, Design Districts; and Article 17, Definitions effective June 1, 2023; and
Motion #2: To adopt the appropriate consistency statement as required per NCGS - 160D-605.
Citizens’ Matters – To be heard at 1 p.m.
13. Cora Cole-McFadden
To assure that Boards are treating citizens the same way we are expected to treat elected officials;
To recognize the civil rights of seniors and find out the City's role in Developments around schools;and
To ensure compliance with the Master Plan for Aging.
Supplemental Items
City Council's Office
14. Resolution in Support of the Day of Remembrance
To adopt the Resolution in support of the Day of Remembrance.
City Manager's Office
15. Resolution and Adoption Policy for the Naming Rights of Publicly-Owned Properties and Facilities
To adopt a resolution for a policy for the naming rights of publicly-owned City properties and facilities; and
To adopt the policy for the naming rights of publicly-owned City properties and facilities in accordance with the adopted resolution.
Community Development Department
16. McKissick Square Development Loan Commitment - American Rescue Plan Act (ARPA) Affordable Housing Funds
To authorize the City Manager to issue to McKissick Square Limited Partnership or its designated affiliate approved by the City, a conditional binding commitment of permanent financing in an amount up to $1,400,000 of American Rescue Plan Act (ARPA) funds under the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) section for the development of seventy-two (72) affordable rental units for McKissick Square;
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.
Human Resources Department
17. Benefits Consulting & Broker Services Selection and Contract
To authorize the City Manager to execute a contract of $102,564 with Foundation Risk Partners, Corp. d.b.a. Independent Benefit Advisors for July 1, 2023- June 30, 2026.
Settling the Agenda
Other Matters
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=580&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.