Durham City Council Action Agenda

Note: For additional information, please contact the City Clerk’s Office at 919-560-4166.To access Agenda-related documents, please click on the underlined Agenda Item title. Present: Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Nate Baker Javiera Caballero Chelsea Cook DeDreana Freeman Carl Rist Absent: Mayor Leonardo Williams

Consent Agenda

1. RECREATION ADVISORY COMMISSION - MAYORAL APPOINTMENT

To appoint Michael Johnston to the Recreation Advisory Commission representing Mayor's Appointee with the term to expire on August 8, 2028.

(Due to the term expiration of Michael Johnston)

Vote: 6/0

2. PARTICIPATORY BUDGETING STEERING COMMITTEE - APPOINTMENT

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

Vote: 6/0

3. BOARDS, COMMITTEES, COMMISSIONS, AND TASKFORCE FISCAL YEAR 2024-2025 ANNUAL ATTENDANCE REPORTS

To receive the attendance reports for Boards, Committees, Commissions and Taskforces for the period July 1, 2024 - June 30, 2025; 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. [This item was referred back to City Clerk’s Office.]

4. DURHAM WORKERS' RIGHTS COMMISSION - APPOINTMENT

To appoint Sean M. Caple to the Durham Workers' Rights Commission representing the category of Diverse Backgrounds with the term to expire on June 30, 2027.

Vote: 6/0

5. DURHAM BICYCLE & PEDESTRIAN ADVISORY COMMISSION - APPOINTMENT

To appoint Jeffrey M. Bakalchuck and Kathleen Perault representing At-Large, Christopher N. Perelstein representing Transportation Planning Policy, and Jordan Powell representing Walking/Running/Pedestrian Community to the Durham Bicycle and Pedestrian Advisory Commission with the terms to expire on August 31, 2028.

(Due to the term expirations of Jeffrey M Bakalchuck and Christopher N Perelstein)

Vote: 6/0

6. HOUSING APPEALS BOARD - APPOINTMENT

To appoint Richard R. Andrews representing Realty, Jacob Severn representing Tenant, and Rita R. McDaniel representing Alternate Member Neighborhood Association to the Housing Appeals Board with the terms to expire on June 30, 2027 and June 30, 2028

Vote: 6/0

7. 2026 CITY COUNCIL MEETING SCHEDULE

To approve the 2026 City Council Meeting Schedule; and

To adopt an Ordinance cancelling the City Council Work Sessions on June 18, 2026and July 9, 2026, and cancelling the City Council Meetings on July 6, 2026 and July 20, 2026.

Vote: 6/0

8. CENTRAL SQUARE TECHNOLOGIES – CAD-TO-CAD UNIFY (CLOUD) SUBSCRIPTION SERVICE CONTRACT

To authorize the City Manager to execute a sales order contract with Central Square Technologies, LLC for the implementation of CAD-to-CAD cloud subscription services in an amount not to exceed $58,015.00.

Vote: 6/0

9. AMERICAN RESCUE PLAN ACT (ARPA) - INTERLOCAL AGREEMENT WITH DURHAM COUNTY TO SUPPORT DIGITAL EQUITY EFFORTS: MIFI DISTRIBUTION PROGRAM CONTRACT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS

To authorize the City Manager to execute a contract with Cellco Partnership d/b/a Verizon Wireless for the MiFi Distribution Program for an amount of $78,000.

To authorize the establishment of a contingency of $133,000.

To authorize the City Manager to execute amendments so long as the total contract amount does not exceed $211,000.

Vote: 6/0

10. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT SW-50D N. DUKE STREET SIDEWALK IMPROVEMENTS (TIP# EB-5715)

To authorize the City Manager to execute Amendment No. 1 to Professional Services Contract SW-50D N. Duke Street Sidewalk Improvements with Kimley-Horn and Associates, Inc. in the amount of $70,398.43 for a revised, total contract amount not to exceed $507,097.34;

To establish a contingency fund in the amount of $40,000; and

To authorize the City Manager to negotiate and execute modifications to professional services Contract SW-50D N. Duke Street Sidewalk Improvements, provided that the total cost of the contract together with all modifications does not exceed $547,097.34.

Vote: 6/0

11. INSTALLMENT PURCHASE CONTRACT, SERIES 2025

To adopt a resolution approving an Installment Purchase Contract and other related items for a financing not to exceed $26,500,000; and

To authorize the City Manager or his designee to execute other associated legal documents as necessary to complete this transaction and to make changes to any of the legal documents prior to execution, so long as the changes are consistent with the intent of the agenda item memo and the existing versions of the documents.

Vote: 6/0

12. COOPERATIVE GROUP PURCHASE CONTRACT – HAZMAT TRUCK

To authorize the City Manager to execute a purchase contract with Sutphen Corporation of Dublin, Ohio for the purchase of one (1) Hazmat truck for an amount not to exceed $1,343,865.47.

Vote: 6/0

13. SECOND AMENDMENT TO SERVICE AGREEMENT FOR PROJECT MANAGEMENT CONSULTING SERVICES WITH TURNER & TOWNSEND HEERY, LLC

To authorize the City Manager to execute the Second Amendment to the Contract for Project Management Consulting Services with Turner & Townsend Heery, LLC in the amount of $2,701,095 for a revised, total contract amount not to exceed $7,416,320.

Vote: 6/0

14. PARKING FACILITIES STRUCTURAL MAINTENANCE – PACKAGE #1 PROJECT CONTRACT CHANGE ORDER #5 WITH CAROLINA RESTORATION & WATERPROOFING, INC.

To authorize the City Manager to execute Change Order #5 to the Carolina Restoration & Waterproofing, Inc. Construction Services Contract for the Parking Facilities Structural Maintenance Package #1 Project in the amount of $1,059,295.80 for a revised, total contract amount not to exceed $5,676,805.26;

To maintain the existing contingency fund in the amount of $54,554.54; 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 Package #1 Project, provided that the total contract amount including existing contingency funds does not exceed $5,731,359.80.

Vote: 6/0

15. FIRST AMENDMENT TO THE SOLID WASTE MANAGEMENT YARD WASTE REPAIRS ENGINEERING SERVICES AGREEMENT WITH SMITH GARDNER, INC.

To authorize the City Manager to execute a First Amendment to the Agreement to Provide Professional Services for Solid Waste Management Yard Waste Repairs between the City of Durham and Smith Gardner Inc. in the amount of $83,400 for a revised, total contract amount not to exceed $376,600;

To maintain the existing contingency fund of $30,000; and

To authorize the City Manager to negotiate and execute modifications to the Agreement to Provide Professional Services for Solid Waste Management Yard Waste Repairs between the City of Durham and Smith Gardner Inc., provided that the total contract amount including existing contingency funds does not exceed $406,600.

Vote: 6/0

16. ENVIRONMENTAL & STREET SERVICES ADMINISTRATION BUILDING ROOF & ENVELOPE REPAIRS DESIGN CONTRACT WITH RND ARCHITECTS, P.A.

To authorize the City Manager to execute an Agreement to Provide Professional Design Services for the Environmental & Street Services Administration Building Roof & Envelope Repairs project between the City of Durham and RND Architects, P.A. in an amount not to exceed $335,275;

To establish a contingency fund in the amount of $33,527; and

To authorize the City Manager to negotiate and execute modifications to the Agreement to Provide Professional Design Services for the Environmental & Street Services Administration Building Roof & Envelope Repairs project between the City of Durham and RND Architects, P.A., provided that the total contract amount including contingency funds does not exceed $368,802.

Vote: 6/0

17. RESOLUTION APPROVING STREET CLOSURES FOR THE 2025 MOVE-A-BULL CITY OPEN STREETS AND 2025 DURHAM HOLIDAY PARADE

To Adopt a Resolution Approving the Closure of Streets for the 2025 Move-A-Bull City Open Streets and 2025 Durham Holiday Parade.

Vote: 6/0

18. FY26 TRANSIT GRANT PROJECT ORDINANCES

To adopt FY 2026 FTA Section 5303 Metropolitan Transit Planning Grant Project Ordinance;

To authorize the City Manager to execute the Section 5303 Grant Agreement;

To adopt FY 2025-26 FTA 5307 Capital Grant Project Ordinance;

To authorize the City Manager to execute the Section 5307 Grant Agreement;

To adopt FY 2025-26 FTA 5339 Bus and Bus Facilities Grant Project Ordinance; and

To authorize the City Manager to execute the Section 5339 Grant Agreement.

Vote: 6/0

19. FY 2026 DURHAM COUNTY TRANSIT WORK PROGRAM FUNDING AGREEMENTS

To authorize the City Manager to execute the Operating Funding Agreement for Operations and Administration Projects included in the FY 2026 Durham County Transit Work Program;

To authorize the City Manager to execute the Capital Funding Agreement for Capital Infrastructure Projects included in the FY 2026 Durham County Transit Work Program; and

To authorize the City Manager to execute the Capital Funding Agreement for Capital Infrastructure Projects with Federal Funding included in the FY 2026 Durham County Transit Work Program.

Vote: 6/0

20. PURCHASE ORDER WITH SWAN ANALYTICAL USA, INC. FOR TURBIDIMETERS AND CONTROLLERS AT THE BROWN AND WILLIAMS WATER TREATMENT PLANTS

To authorize the City Manager or their designee to conduct sole-source procurement of turbidimeters and controllers from Swan Analytical USA, Inc. for standardization and compatibility at both of the City's water treatment plants in accordance with N.C. Gen. Stat. 143-129(e)(6).

To authorize the City Manager to enter into a purchase order with Swan Analytical USA, Inc. for the procurement and installation of turbidimeters and controllers in an amount not to exceed $159,968.67 with an expected increase of no more than 10% of the original proposal.

To establish a contingency fund in the amount of $15,996.00, and

To authorize the City Manager to negotiate amendments to the contract provided the total contract cost does not exceed $175,964.67.

Vote: 6/0

21. PROFESSIONAL SERVICES CONTRACT WITH HIGHFILL INFRASTRUCTURE ENGINEERING, P.C. FOR THE 15/501 & CORNWALLIS RD WATERLINE & ANGIER AVE TANK DRAIN LINE IMPROVEMENTS PROJECT

To authorize the City Manager to execute the 15/501 & Cornwallis Rd Waterline & Angier Ave Tank Drain Line Improvements project with Highfill Infrastructure Engineering, P.C. in an amount not to exceed $374,100;

To establish a contingency fund in the amount of $37,900; and

To authorize the City Manager to negotiate and execute modifications to the 15/501 & Cornwallis Rd Waterline & Angier Ave Tank Drain Line Improvements project provided that the total contract amount including contingency funds does not exceed $412,000.

Vote: 6/0

26. GRANT AGREEMENT WITH THE DURHAM HOUSING AUTHORITY FOR FOREST HILL HEIGHTS RELOCATION ACTIVITIES

To authorize the City Manager to execute a grant agreement with the Durham Housing Authority to provide relocation assistance for Forest Hill Heights residents in an amount not to exceed $564,143.99; and

To authorize the City Manager to make changes to the agreement so long as the changes do not increase the amount of the grant.

Vote: 6/0

27. LOAN COMMITMENT FOR 902 S. BRIGGS AVENUE REDEVELOPMENT – MOSAIC DEVELOPMENT GROUP

To authorize the City Manager to execute an amended loan commitment with Mosaic Development Group, Inc. to Increase the City's loan commitment for the redevelopment of 902 S. Briggs Avenue by $2,000,000, for a total loan amount not to exceed $7,987,880; Reduce the interest rate on the City loan to 1% per annum; and Revise the required affordability mix for the project.

To authorize the City Manager to negotiate and execute all related loan documents and instruments necessary to close the amended loan transaction.

Vote: 6/0

28. AMENDMENT TO CITY LOAN WITH KB CARVER LLC FOR SANDY RIDGE STATION PROJECT: INCREASED LOAN AMOUNT AND REVISED AFFORDABILITY TERMS

To authorize the City Manager to negotiate and execute amendments to the City's loan documents with KB Carver LLC for the Sandy Ridge Station affordable housing development, including but not limited to the Construction/Permanent Loan Agreement, Promissory Note, Deed of Trust, Assignment of Leases, and Declaration of Restrictive Covenants, to: Increase the total loan amount from $6,845,000.00 to $7,449,000.00; and Revise the occupancy and affordability requirements to reflect contingency affordability levels of 40%, 60%, and 70% AMI in the event that a Housing Assistance Payment (HAP) contract for 31 RAD units is not executed.

Vote: 6/0

29. RESOLUTION APPROVAL OF A MULTIFAMILY HOUSING FACILITY TO BE KNOWN AS 902 S. BRIGGS AVENUE IN THE CITY OF DURHAM, NORTH CAROLINA AND THE FINANCING THEREOF WITH MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $22,500,000

To adopt a resolution providing approval of a Multifamily Housing Facility to be known as 902 S. Briggs Avenue in the City of Durham, North Carolina and the Financing thereof with Multifamily Housing Revenue Bonds in an Aggregate Amount not to Exceed $22,500,000.

Vote: 6/0

General Business Agenda - Public Hearings

22. WALLTOWN SMALL AREA PLAN AND PLACE TYPE MAP AMENDMENT (A2500001)

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

Motion 1: To receive a presentation regarding the Walltown Small Area Plan;

[A presentation was made during the August 18, 2025 City Council Meeting.]

Motion 2: To adopt a resolution amending the Durham Comprehensive Plan to include the Walltown Small Area Plan;

Vote: 6/0

Motion 3: To adopt a resolution amending the Durham Comprehensive Plan, as shown in Attachment C, by taking properties out of the Established Residential and Neighborhood Service Area Place Types and establishing them into the Recreation and Open Space and Community Institution Place Types.

Vote: 6/0

23. ZONING MAP CHANGE – FAYETTEVILLE FLATS

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 Urban-5 and establishing the same as Planned Development Residential 22.449;

Vote: 6/0

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

Vote: 6/0

24. ZONING MAP CHANGE – 4218 SOUTH ALSTON AVENUE

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 Urban-5(2) and Office and Institutional, and establishing the same as Planned Development Residential 41.408;

Vote: 6/0

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

Vote: 6/0

25. ZONING MAP CHANGE – 303 US 70 WAREHOUSE

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 Suburban-8 and Industrial Light, Falls/Jordan District B Watershed Protection Overlay, and establishing the same as Industrial Light, Falls/Jordan District B Watershed Protection Overlay;

Vote: 6/0

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

Vote: 6/0


Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=702&doctype=1#mediaAndItemView "Read more details about this section"): 9:35 PM