Present: Mayor Elaine O’Neal Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Javiera Caballero DeDreana Freeman Monique Holsey-Hyman Jillian Johnson Leonardo Williams Absent:None.
Consent Agenda
1. Approval of City Council Minutes
2. Participatory Budgeting Steering Committee - Appointments
To appoint Christopher E. Rhodes and Lauren Lee P. Schewel representing At-Large and Asa Bjorn Gerend representing Youth to the Participatory Budgeting Steering Committee. 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.
Vote: 7/0
(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.
Vote: 7/0
(Due to the term expiration of Faye J. Calhoun)
4. Durham City-County Environmental Affairs Board - Appointment
To appoint Miran Bhima to the Durham City-County Environmental Affairs Board representing Youth with the term to expire on September 6, 2024.
Vote: 7/0
(Due to the term expiration of Miran Bhima)
5. Citizens Advisory Committee - Appointment
To appoint Matthew P. Muntean to the Citizens Advisory Committee with the term to expire on June 30, 2026.
Vote: 7/0
(Due to the resignation of Moira Girard)
6. Mayor's Council for Women - Appointment
To appoint Cherie A. Christensen to the Mayor’s Council for Women representing Cultural, Recreation, Fine Arts Sector with the term to expire on June 30, 2026.
Vote: 7/0
(Due to the resignation of Wahiba Kartaoui)
7. Durham Bicycle & Pedestrian Advisory Commission - Appointment
To appoint Marissa Hartzler to the Durham Bicycle & Pedestrian Advisory Commission representing Recreation/Urban Trails and Greenways with the term to expire on August 31, 2026.
Vote: 7/0
(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.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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. Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman, Johnson and Williams. Noes: Council Member Freeman. Absent: None.
Vote: 6/1
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.
Vote: 7/0
18. Athletic Booking Agent Contract
To authorize the City Manager to execute an athletic booking agent contract with Fun2Ref, LLC for $148,655.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
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.
Vote: 7/0
The following items were disposed during the August 10, 2023 City Council Work Session: - Agenda Item #25 – Durham Comprehensive Plan (2023) \[A presentation was made during the August 10, 2023 Work Session.\] - Agenda Item #28 – Jesse Williams \[Mr. Williams did not make comments during theAugust 10, 2023 Work Session\]
General Business Agenda - Public Hearings
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.
Note:No vote taken on the item.Applicant requested 90-day continuance and agreed to return before Council on 9/5/23 with timeline of community outreach. The public hearing remains open.
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=594&doctype=1#mediaAndItemView "Read more details about this section") 8:38 p.m..