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\_QDMeRsQuRqqYCvqprNec6Q 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. Approval of City Council Minutes

To approve the City Council minutes for the following meetings:

May 24, 2023 Budget Work Session, May 25, 2023 Budget Work Session, June 5, 2023 Regular Meeting, June 8, 2023 Budget Work Session, June 8, 2023 Work Session and June 20, 2023 Regular Meeting.

2. Participatory Budgeting Steering Committee - Appointments

To appoint residents to fill three (3) vacancies on the Participatory Budgeting Steering Committee with two (2) representing At-Large and with one (1) representing Youth. The two (2) At-Large terms will expire on June 30, 2024 and June 30, 2025. The Youth term will expire on June 30, 2024.

(Due to the resignations of Paulette Jackson and Cynthia A. Wood and due to the termination of Jonah W. Purnell)

3. Durham Historic Preservation Commission - Mayoral Appointment

To reappoint Faye J. Calhoun to the Durham Historic Preservation Commission representing Mayor’s Appointee with the term to expire on September 1, 2026.

(Due to the term expiration of Faye J. Calhoun)

4. Durham City-County Environmental Affairs Board - Appointment

To appoint a resident to fill one (1) vacancy to the Durham City-County Environmental Affairs Board representing Youth with the term to expire on September 6, 2024.

(Due to the term expiration of Miran Bhima)

5. Citizens Advisory Committee - Appointment

To appoint a resident to fill one (1) vacancy on the Citizens Advisory Committee with the term to expire on June 30, 2026.

(Due to the resignation of Moira Girard)

6. Mayor's Council for Women - Appointment

To appoint a resident to fill one (1) vacancy on the Mayor’s Council for Women representing Cultural, Recreation, Fine Arts Sector with the term to expire on June 30, 2026.

(Due to the resignation of Wahiba Kartaoui)

7. Durham Bicycle & Pedestrian Advisory Commission - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission representing Recreation/Urban Trails and Greenways with the term to expire on August 31, 2026.

(Due to the term expiration of Daniel A. Clever)

8. Boards, Committees, Commissions and Taskforce Fiscal Year 2022-2023 Annual Attendance Reports

To receive the attendance reports for Boards, Committees, Commissions and Taskforce for the period July 1, 2022 - June 30, 2023; and

To authorize the City Clerk to begin the removal process for the members of City of Durham boards, committees, commissions and taskforces who have failed to meet attendance requirements.

Departmental Items

Budget and Management Services Department

9. Contract Agreement with El Centro Hispano to Provide Salary and Operating Support

To authorize the City Manager to execute a contract with El Centro Hispano to cover the cost of a full-time employee and contribute to rent payments in an amount not to exceed $62,970.

10. Contract Agreement with the Museum of Durham History to Provide Educational and Cultural Services

To authorize the City Manager to execute a contract with the Museum of Durham History to provide educational and cultural services in an amount not to exceed $76,100.

11. Contract with the LIFE Center of Durham, Inc. for the Purchase of STEM Equipment

To authorize the City Manager to execute a contract with the LIFE Center of Durham, Inc. for the purchase of STEM Equipment in the amount of $145,991

City Manager's Office

12. U.S. Department of Transportation - Federal Aviation Administration - Airport Improvement Program Grant Offer 3-37-0056-062-2023 (Grant 62)

To accept the U.S. Department of Transportation - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Offer 3-37-0056-062-2023 (Grant 62) in the amount of $6,291,420; and

To authorize the City Manager to execute the associated Grant Agreement.

13. U.S. Department of Transportation - Federal Aviation Administration - Airport Improvement Program Grant Offer 3-37-0056-063-2023 (Grant 63)

To accept the U.S. Department of Transportation - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Offer 3-37-0056-063-2023 (Grant 63) in the amount of $5,000,000; and

To authorize the City Manager to execute the associated Grant Agreement.

Finance Department

14. Interlocal Agreement with Durham County for Joint Funding of the Low Income Homeowner's Relief Program (LIHRP)

To resolve that the City Manager be authorized to execute an interlocal agreement with Durham County for the Low Income Homeowner’s Relief Program (LIHRP); and

To approve the proposed interlocal agreement with Durham County, which shall not exceed $500,000 in program grants and $127,575 for administrative and marketing cost reimbursements.

General Services Department

15. Construction Contract with Eagle Solar & Light, LLC for Design and Installation of Photovoltaic Electrical Generation Systems at Water Management Mist Lake Facility

To authorize the City Manager to execute a construction contract with Eagle Solar & Light, LLC for Design and Installation of a photovoltaic electrical generation system at the Water Management Department Mist Lake Facility, in the amount of $778,225;

To establish a contingency fund for the contract in the amount of $78,000; and

To authorize the City Manager to negotiate and execute change orders to the construction contract, provided that the total contract cost does not exceed $856,225.

16. Condemnation Action to Obtain Two Easements at 4000 Fayetteville Street

To adopt the Resolution Authorizing Condemnation of portions of 4000 Fayetteville Street for the ST-264 Fayetteville Road Improvement Project.

17. Construction Services Contract with Riggs-Harrod Builders, Inc. for the Edison Johnson Recreation Center Renovation Project

To authorize the City Manager to execute a contract with Riggs-Harrod Builders, Inc. for the Edison Johnson Recreation Center Renovation project in the amount of $352,819;

To establish a contingency fund for the contract in the amount of $52,923; and

To authorize the City Manager to negotiate and execute change orders to the contract, provided the total contract cost does not exceed $405,742.

Parks and Recreation Department

18. Athletic Booking Agent Contract

To authorize the City Manager to execute an athletic booking agent contract with Fun2Ref, LLC for $148,655.

Transportation Department

19. Amendment #2 to Professional Services Contract with Ramey Kemp Associates for Woodcroft Parkway Extension (TIP # U-5823)

To authorize the City Manager to execute an amendment to the Professional Services Contract with Ramey Kemp Associates for Woodcroft Parkway Extension (TIP # U-5823) in the amount of $30,976.87 for a total revised contract amount of $808,544.79.

Water Management Department

20. Amendment #4 for Falcon Engineering Contract No. 16451 for the Construction Material Testing and Special Inspections of the Mist Lake Facility Expansion

To authorize the City Manager to execute an amendment to the professional engineering contract with Falcon Engineering, Incorporated, for Construction Materials Testing and Special Inspections for the Department of Water Management Mist Lake Facility Expansion project in the amount of $80,000 with a not-to-exceed total amount of $1,586,025; and

To authorize the City Manager to execute change orders to the contract so long as the contract amount does not exceed $1,586,500, which includes a prior approved contingency of $475.

21. Interlocal Agreement for the Western Intake Partnership Real Estate

To authorize the City Manager to execute the Interlocal Agreement for the Western Intake Partnership Real Estate.

22. Amendment #1 to the Professional Services Contract with Hazen and Sawyer, P.C. for the Williams Water Treatment Plant Basin Improvements Project

To authorize the City Manager to execute a contract amendment with Hazen and Sawyer, P.C., for professional engineering services for the Williams Water Treatment Plant Basin Improvements Project in the amount of $1,385,000, for a revised total contract amount of $1,832,230;

To establish an increase in the contract contingency of $92,230, for a total contingency amount of $140,000; and

To authorize the City Manager to execute modifications to the contract so long as the cost of all modifications together with the original contract does not exceed the total contract cost of $1,972,230.

23. Professional Services Contract with Raftelis Financial Consultants, Inc. for the Western Intake Partnership Governance – Amendment No. 1

To authorize the City Manager to execute a contract amendment to the Professional Services Contract with Raftelis Financial Consultants, Inc. for the Western Intake Partnership Governance for $111,322, for a total, revised contract amount of $310,122;

To establish contingency funds of $50,000 for the Western Intake Partnership Governance Project; and

To authorize the City Manager to negotiate and execute amendments to the contract provided that the total contract cost does not exceed $360,122.

24. Proposed Updates to Connection, Lift Station Review, and Flow Monitoring Fees

To adopt an ordinance amending Part 13-106 and Part 13-109 of the City’s fee schedule.

Presentations

City-County Planning Department

25. Durham Comprehensive Plan (2023)

To receive a presentation on the new Durham Comprehensive Plan.

Public Hearings

City-County Planning Department

26. 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 October 1, 2023; and

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

27. Durham Comprehensive Plan (2023)

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

To approve a resolution adopting the Durham Comprehensive Plan [A resolution will be adopted at the October 16, 2023 City Council Meeting].

Citizens’ Matters – To be heard at 1 p.m.

28. Jesse Williams

To make comments on improving pedestrian corridors, reducing gun violence, and producing housing.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=593&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.