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. PARTICIPATORY BUDGETING STEERING COMMITTEE - APPOINTMENT

To appoint Llewellyn Esteban to the Participatory Budgeting Steering Committee representing At-Large with the term to expire on June 30, 2026.

(Due to the resignation of Bonita Graham)

Vote: 7/0

2. MAYOR'S HISPANIC/LATINO COMMITTEE - APPOINTMENTS

To appoint Victor Ayeni and Mauricio Solano to the Mayor's Hispanic/Latino Committee with the terms to expire on October 1, 2026.

Vote: 7/0

3. DURHAM WORKERS' RIGHTS COMMISSION - APPOINTMENTS

To appoint Marcus B. Spates and Kaiya Taylor representing Diverse Backgrounds, Elise Ballan, Nina Martin, Corey Wegwert, and Gary Wood representing Low Wage Industry, and Anotonio D. Luster and Garrett L. Robertson representing Durham's Largest Workplace to the Durham Workers’ Rights Commission with the terms to expire on June 30, 2026 and June 30, 2027.

(Due to the term expirations of Elise Ballan, Antonio D Luster, Michael R Lyon, Nina Martin, Brian Powell, Kaiya Taylor, Jess E Vaughn, and Gary Wood)

Vote: 7/0

4. APPROVAL OF CITY COUNCIL MINUTES

To approve the City Council Minutes for the following meetings: Minutes from the 2/3/25 Regular Meeting; 2/6/25 Work Session; 2/17/25 Regular Meeting, 2/20/25 Work Session, 2/14/25 Budget Meeting and 2/28/25 Budget Meeting

Vote: 7/0

5. CITY CODE AMENDMENT FOR WATER AND SEWER CONNECTIONS

To adopt an ordinance amending City Code Section 70-129. - Conditions to be complied with in extending city water and sewer service outside the city.

Vote: 7/0

6. CONTRACT WITH CORPORATE F.A.C.T.S., INC. FOR THE PREPARATION OF THE FIVE-YEAR (2025-2029) CONSOLIDATED PLAN, 2025 ANNUAL ACTION PLAN, CITIZEN PARTICIPATION PLAN, AND 2025-2029 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE

To authorize the City Manager to execute a contract with Corporate F.A.C.T.S., Inc. in an amount not to exceed $100,650; with the terms of the contract beginning April 22, 2025 through December 31, 2025 to prepare the Five-Year Consolidated Plan (2025-2029), 2025 Annual Action Plan, Citizen Participation Plan, and 2025-2029 Analysis of Impediments to Fair Housing Choice (AI) in a manner fully compliant with the regulations and rules established by HUD;

To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate to carry out the purpose and intent of this contract; and

To authorize the City Manager to make necessary and sundry changes to the contract 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

7. TRAILS AT TWIN LAKES DEVELOPMENT LOAN COMMITMENT

To authorize the City Manager to issue to Village Capital Corporation or its designated affiliate approved by the City, a conditional binding commitment of permanent financing in an amount up to $150,000 of Dedicated Housing Funds for the development of One Hundred and Sixty-Eight (168) affordable multifamily rental units at the Trails at Twin Lakes Apartments;

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

8. SECOND AMENDMENT TO CONTRACT #18394 BETWEEN THE CITY OF DURHAM AND DURHAM COUNTY FOR THE PROVISION OF THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) HOUSING ASSISTANCE AND RELATED SUPPORTIVE SERVICES

To ratify the services provided by Durham County by and through the Department of Social Services as a project sponsor subrecipient beginning July 1, 2024; and

To authorize the City Manager to execute the second amendment to contract #18394 with Durham County (1) to fully administer eligible housing support services; short term rental/mortgage and utility assistance (STRMU), permanent housing placement, and related supportive services under the Housing Opportunities for Persons with AIDS (HOPWA) program, (2) to extend the contract from July 1, 2024 to June 30, 2025, (3) and to increase contract total, using HOPWA funding, by $353,350.64 in an amount not to exceed $1,505,371.14.

Vote: 7/0

9. ELECTRIC VEHICLE SUPPLY EQUIPMENT PRE-ASSESSMENT AND DESIGN BUILD CONTRACTS WITH MLS ELECTRIC, INC.

To adopt the resolution finding that the use of the Design-Build project delivery method for the Electric Vehicle Supply Equipment (EVSE) project is in the best interest of City;

To authorize the City Manager to negotiate and execute a service agreement with MLS Electric, Inc. for Pre-Assessment site services for the EVSE project for an amount not to exceed $60,000; and

To authorize the City Manager to negotiate and execute a Design-Build contract with MLS Electric, Inc. for Phase 1 preliminary design and preconstruction services, and if the City Manager accepts the Design-Build proposal, to negotiate and execute the contract amendment with MLS Electric, Inc. for Phase 2 construction services for the EVSE project for a total Design-Build contract amount not to exceed $888,079.96.

Vote: 7/0

10. FIRST AMENDMENT TO THE CLIMATE CORPS AGREEMENT BETWEEN THE CITY OF DURHAM AND STRATEGIC ENERGY INNOVATIONS, INC.

To authorize the City Manager to execute the First Amendment to Climate Corps Agreement with Strategic Energy Innovations, Inc. in the amount of $26,990 for a revised, total contract amount not to exceed $94,255.

Vote: 7/0

11. PRELIMINARY GUARANTEED MAXIMUM PRICE AMENDMENT TO THE CONSTRUCTION MANAGER AT RISK (CMAR) CONTRACT WITH LECHASE CONSTRUCTION SERVICES, LLC FOR THE CITY HALL AND ANNEX HVAC PROJECT

To authorize the City Manager to negotiate and execute a Construction Manager at Risk (CMAR) contract Guaranteed Maximum Price Amendment with LECHASE CONSTRUCTION SERVICES, LLC for construction services for the City Hall and Annex HVAC project provided the total construction cost does not exceed $4,800,851, for a total, revised CMAR contract amount of $4,853,904;

To establish a contingency fund in the amount of $137,840.23; and

To authorize the City Manager to negotiate and execute modifications to the CMAR contract, including both preconstruction and construction services, provided the total contract amount, together with all modifications, does not exceed $4,991,744.23.

Vote: 7/0

12. PARKING FACILITIES STRUCTURAL MAINTENANCE FY24 – PACKAGE #1 PROJECT CONTRACT CHANGE ORDER #2 WITH CAROLINA RESTORATION & WATERPROOFING, INC.

To authorize the City Manager to execute Change Order #2 to the Carolina Restoration & Waterproofing, Inc. Construction Services Contract for the Parking Facilities Structural Maintenance FY24 Package #1 Project in the amount of $725,840, for a revised, total contract amount not to exceed $4,529,515.66.

To maintain the existing contingency fund in the amount of $142,548.34; and

To authorize the City Manager to negotiate and execute modifications to the Carolina Restoration & Waterproofing, Inc. Construction Services Contract for the Parking Facilities Maintenance FY24 Package #1 Project, provided that the total contract amount including existing contingency funds does not exceed $4,672,064.

Vote: 7/0

13. DRAINAGE STRUCTURE IMPROVEMENTS (SD-2025-02)

To authorize the City Manager to execute Contract SD-2025-02, Drainage Structure Improvements, with White Oak Construction Corp. of N.C. in the amount of $393,492;

To establish a contingency fund in the amount of $59,023; and

To authorize the City Manager to negotiate change orders for Contract SD-2025-02 provided that the total contract cost does not exceed $452,515.

Vote: 7/0

14. CONTRACT WITH MUNICIPAL MEDIA CORP. FOR RECYCLE COACH AN ALL-IN-ONE WASTE AND RECYCLING COMMUNICATION TOOL

To authorize the City Manager to execute the Contract for Waste and Recycling Communication Software-as-a-Service contract with Municipal Media Corp. in an amount not to exceed $113,250.

Vote: 7/0

15. CONTRACT WITH CARAHSOFT TECHNOLOGY CORPORATION TO PURCHASE NUTANIX LICENSES

To authorize the City Manager to execute the Contract for Procurement of Nutanix, Inc. Software Licenses with Carahsoft Technology Corporation in an amount not to exceed $988,704.95.

Vote: 7/0

16. CONTRACT WITH SHARP LEASING USA CORP.FOR LEASING AND UPGRADE OF PRINTER FLEET

To authorize the City Manager to execute the Contract for Leasing Multi-Functional Printing Devices with Sharp Leasing USA Corp. in an amount not to exceed $791,310.60.

Vote: 7/0

17. MUNICIPAL MAINTENANCE AGREEMENTS WITH NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR SIGNING AND PAVEMENT MARKING WORK PERFORMED ON STATE ROADS

To authorize the City Manager to enter into a Municipal Maintenance Agreement with North Carolina Department of Transportation for Schedule A Signs Agreement #13174;

To authorize the City Manager to agree to and execute any extensions to Schedule A Signs Agreement #13147, including agreeing to additional compensation or higher reimbursement that may be provided for such extensions;

To authorize the City Manager to enter into a Municipal Maintenance Agreement with North Carolina Department of Transportation for Schedule B Markings and Markers Agreement #13175; and

To authorize the City Manager to agree to and execute any extensions to Schedule B Markings and Markers Agreement #13175, including agreeing to additional compensation or higher reimbursement that may be provided for such extensions.

Vote: 7/0

24. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) COMMUNITY WASTE REDUCTION AND RECYCLING GRANT PROJECT ORDINANCE FOR RECYCLING EDUCATION AND OUTREACH

To adopt the Grant Project Ordinance Accepting a North Carolina Department Environmental Quality Grant to support recycling education and outreach in the amount of $24,000; and

To authorize the City Manager to execute the Grant Agreement.

Vote: 7/0

General Business Agenda - Public Hearings

18. CONSOLIDATED ANNEXATION – ROMERO RESIDENCE

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

Motion 1: To adopt an ordinance annexing 'Romero Residence' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Jorge Jacobo Romero and Guadalupe Lopez Juarez;

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 District B Watershed Overlay, county jurisdiction and establishing the same as Residential Suburban-20, Falls/Jordan District B Watershed Overlay, city jurisdiction; Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Baker, Caballero, Freeman and Rist. Noes: Council Member Cook.]

Vote: 6/1

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

Vote: 7/0

19. CONSOLIDATED ITEM - PAGE/MIAMI DESIGN DISTRICT

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 11, Sign Standards and Article 16, Design Districts;

Vote: 7/0

Motion 2: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605 for TC2400002;

Vote: 7/0

Motion 3: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Commercial General with a Development Plan (CG(D)), Industrial Light with a Development Plan (IL(D)), Office and Institutional with a Development Plan (OI(D)), and Residential Rural (RR) zoning districts and establishing the same as Compact Suburban Design Core (CSD-C), Compact Suburban Design Support 1 (CSD-S1), Residential Urban Multifamily (RU-M), and Commercial Neighborhood with a Development Plan (CN(D));

Vote: 7/0

Motion 4: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-60 for Z2400018; and

Motion 5: To adopt a resolution amending the Durham Comprehensive Plan by taking property out of the Transit Opportunity Area Place Type and establishing the same as Mixed Use Neighborhood Place Types.

Vote: 7/0

20. TC2400003: A PRIVATELY INITIATED UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT

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;

Vote: 7/0

Motion 2: To adopt a Consistency Statement as required by NCGS Sec. 160D-605.

Vote: 7/0

21. CONSOLIDATED ANNEXATION – PAGE CORNERS

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

Motion 1: To adopt an ordinance annexing 'Page Corners' into the City of Durham effective June 30, 2025;

Vote: 7/0

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural and Commercial Center, county jurisdiction and establishing the same as Planned Development Residential 22.456 with a textual development plan, city jurisdiction; and to adopt an ordinance approving a statutory Development Agreement with an associated utility extension agreement with Page Road Apartments, LP; and to authorize the City Manager to execute both the Development Agreement and the utility extension agreement;

Vote: 7/0

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

Vote: 7/0

22. ZONING MAP CHANGE – 1202 ELLIS ROAD

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

Motion 1: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural and establishing the same as Residential Suburban-Multifamily with a textual development plan;

Vote: 7/0

Motion 2: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

Vote: 7/0

23. PROPOSED SUBSTANTIAL AMENDMENTS TO THE FY2020-2025 CONSOLIDATED PLAN AND FY2021-2022, FY2022-2023, FY2023-2024, AND FY2024-2025 ANNUAL ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)

To conduct a Public Hearing on April 21, 2025 to receive citizen comments on the Proposed Substantial Amendments to the FY2020 through 2025 Consolidated Plan and FY2021-2022, FY2022-2023, FY2023-2024, and FY2024-2025 Annual Action Plans (AAPs) for CDBG and HOPWA;

Vote: 7/0

To approve the Proposed Substantial Amendments to the FY2020 through 2025 Consolidated Plan and FY2021-2022, FY2022-2023, FY2023-2024, and FY2024-2025 Annual Action Plans (AAPs) for CDBG and HOPWA for submission to the U.S. Department of Housing and Urban Development (HUD);

Vote: 7/0

To authorize the City Manager to execute all administrative requirements and contractual documents for the implementation of the amended FY2021-2022, FY2022-2023, FY2023-2024, and FY2024-2025 Annual Action Plans (AAPs) reallocating funding to the FY2022-2023 Administration and Planning and FY2024-2025 Section 108 Loan Defeasance Payment projects to ensure timely expenditure of Community Development Block Grant (CDBG) funds;

Vote: 7/0

To authorize the City Manager to execute all administrative requirements and contractual documents for the implementation of the amended FY2020 through 2025 Consolidated Plan to add additional eligible activities and correct Goal Outcome Indicators (GOIs) for the Housing Opportunities for Persons With AIDS (HOPWA) program;

Vote: 7/0

To authorize the City Manager to execute all administrative requirements and contractual documents for the implementation of the amended FY2023-2024 Annual Action Plan (AAP) to correct the Goal Outcome Indicators (GOIs) and project description for the Housing Opportunities for Persons With AIDS (HOPWA) Durham County Social Services Project Sponsor;

Vote: 7/0

To authorize the City Manager to execute all administrative requirements and contractual documents for the addition and reallocation of Housing Opportunities for Persons With AIDS (HOPWA) funding in the FY2023-2024 and FY2024-2025 Annual Action Plans to the Resource Identification activity.

Vote: 7/0

Other Matters


Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=691&doctype=1#mediaAndItemView "Read more details about this section"): 10:43 PM