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\_b68Ht63qTreY9-k9j9cOUg to register to speak during the Work Session.Your registration must be submitted by 10:00a.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. Durham City-County Environmental Affairs Board - Appointment

To appoint a resident to fill one (1) vacancy on the Durham City-County Environmental Affairs Board representing Youth with the term to begin on April 17, 2023 and expire on April 17, 2024.

2. Mayor's Hispanic/Latino Committee - Appointment

To appoint a resident to fill one (1) vacancy on the Mayor’s Hispanic/Latino Committee with the term expiring on October 1, 2024.

(Due to the term expiration of Linda Stone)

3. Durham Worker's Rights Commission - Appointments

To appoint residents to fill two (2) vacancies on the Durham Workers' Rights Commission with one (1) representing the category of Diverse Backgrounds and with one (1) representing the category of Durham's Largest Workplace. The terms will expire on April 30, 2025.

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

4. Human Relations Commission - Appointment

To appoint a resident to fill one (1) vacancy on 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)

5. Durham Convention Center Authority - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Convention Center Authority with the term to expire on July 31, 2023.

(Due to the resignation of Ashley Varela)

6. Durham Planning Commission - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Planning Commission with the term to expire on June 30, 2024.

(Due to the resignation of Bruce Harrod)

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)

8. Mayor's Council for Women - Appointment

To appoint a resident to fill one (1) vacancy on 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)

Departmental Items

City Council's Office

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.

City-County Planning Department

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.

Finance Department

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).

General Services Department

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.

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.

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.

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.

Public Works Department

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.

Transportation Department

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.

Water Management Department

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 established 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.

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.

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.

Public Hearings

City-County Planning Department

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;

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural (RR), Falls/Jordan District - A (F/J-A), County Jurisdiction and establishing the same as Residential Rural (RR), Falls/Jordan District - A (F/J-A), City Jurisdiction; and

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

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

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

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

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

Public Works Department

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

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

Supplemental Items

Water Management

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.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=578&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.