City Council · Regular Meeting · August 22, 2024

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\_RKx0-FtGSj6y6eKXIWHctg 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. DURHAM WORKERS' RIGHTS COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Durham Workers' Rights Commission representing the category of Low Wage Industry with the term to expire on April 30, 2025.

(Due to the resignation of Priscilla D. Smith)

2. 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, 2025.

(Due to the resignation of Anthony M. Sease)

3. HOUSING APPEALS BOARD - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Housing Appeals Board representing At-Large Alternate Member with the term to expire on June 30, 2027.

(Due to the term expiration of Carl Newman)

4. PARTICIPATORY BUDGETING STEERING COMMITTEE - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Participatory Budgeting Steering Committee representing At-Large with the term to expire on June 30, 2026.

(Due to the resignation of Hannah Bartlebaugh)

General Services Department

5. DURHAM POET LAUREATE - MAYORAL APPOINTMENT

To appoint Christopher Vitiello as the Mayor's Appointee to the position of Durham Poet Laureate with a term to expire on June 30, 2027.

Departmental Items

City Manager's Office

6. U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM GRANT OFFER 3-37-0056-069-2024

To accept the U.S. Department of Transportation - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Offer 3-37-0056-069-2024 (Grant 69), in the amount of $1,016,279; and

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

7. AMERICAN RESCUE PLAN ACT (ARPA) – AGREEMENT WITH DURHAM HOUSING AUTHORITY (DHA)

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Durham Housing Authority (DHA) in the amount of $280,917.73.

Community Development Department

8. APPROVAL OF GRANT AGREEMENT WITH LEGAL AID OF NORTH CAROLINA (LANC) TO CONTINUE ADMINISTERING THE EVICTION DIVERSION PROGRAM

To authorize the City Manager to execute a Grant Agreement in the amount of $650,000 between the City of Durham and Legal Aid of North Carolina, to continue administering the Eviction Diversion Program by providing legal representation to low income renters facing eviction (due to late or non-payment of rent), funded with Dedicated Housing Funds;and

To authorize the City Manager to make necessary and sundry changes to the grant agreement 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.

General Services Department

9. INTERLOCAL COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF DURHAM TO PROCURE AND INSTALL SECURITY EQUIPMENT

To resolve that the City Manager is authorized to execute the Interlocal Cooperation Agreement between the Housing Authority of the City of Durham and the City of Durham to Procure and Install Security Equipment.

Human Resources Department

10. SECOND AMENDMENT TO CONTRACT BETWEEN THE CITY OF DURHAM AND CORNERSTONE ONDEMAND, INC. FOR CORNERSTONE LEARNING MANAGEMENT SAAS SERVICES

To authorize the City Manager to execute the second amendment to the contract with Cornerstone OnDemand, Inc. for Cornerstone learning management SaaS services in the amount of $76,782.65 for a total revised contract amount not to exceed $220,573.65.

Office of Economic and Workforce Development

11. FIRST AMENDMENT TO CONTRACT AGREEMENT BETWEEN THE CITY OF DURHAM AND M-CUBED & CO. GLOBAL LLC

To authorize the City Manager to execute the First Amendment to Contract with M-Cubed & Co. Global LLC Inc. to provide economic development consulting services for Office of Economic and Workforce Development Business Registry & Legacy Program in an amount of $16,000 for a revised, total contract amount not to exceed $164,000.

Parks and Recreation Department

12. APPLICATION FOR GREAT TRAILS STATE GRANT – AMERICAN TOBACCO TRAIL

To authorize the Durham Parks and Recreation Department to apply for a Great Trails State grant through the North Carolina Division of Parks and Recreation and the North Carolina Parks and Recreation Trust Fund in the amount of $500,000;

To authorize the Mayor to sign the grant application and any other necessary documents to apply for the Great Trails State grant.

13. PURCHASE CONTRACT WITH BLISS PRODUCTS AND SERVICES, INC. FOR THEPLAYGROUND & SURFACE REPLACEMENT PROJECT AT SHERWOOD PARK

To authorize the City Manager to execute a Purchase Contract for the Playground & Surface Replacement project at Sherwood Park with Bliss Products and Services, Inc. in the amount of $542,810.10;

To establish a contingency fund in the amount of $20,000.00; and

To authorize the City Manager to negotiate and execute modifications to the Purchase Contract for the Playground & Surface Replacement project at Sherwood Park, provided that the total contract amount including existing contingency funds does not exceed $562,810.10.

Police Department

14. [2024 SECOND QUARTER CRIME REPORT[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=657&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the 2024 Second Quarter Crime Report; and

To receive the 2024 Second Quarter Crime Report.

Technology Solutions Department

15. CONTRACT WITH LEADSONLINE LLC FOR POWERPLUS SOFTWARE-AS-A-SERVICE

To authorize the City Manager to execute the Subscription Services Agreement and Order Form with LeadsOnline LLC in an amount not to exceed $117,989.

16. PLOTBOX INC SOFTWARE-AS-A-SERVICE

To authorize the City Manager to execute the proposed five-year PlotBox Software-as-a-Service contract with Plotbox Inc in an amount not to exceed $79,500.

17. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – DIGITAL EQUITY DELIVERS EQUITABLE DURHAM

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Digital Durham in an amount not to exceed $493,080.

18. MICROSOFT ENTERPRISE SOFTWARE LICENSING AGREEMENT

To authorize the City Manager to execute the Microsoft Enterprise Software Licensing Agreement with Microsoft Corporation in an amount not to exceed $2,604,289.50;

To establish a contingency fund in the amount of $260,728; and

To authorize the City Manager to negotiate and execute modifications to the Microsoft Enterprise Software Licensing Agreement, provided that the total contract amount including existing contingency funds does not exceed $2,865,017.50.

Water Management Department

19. RESOLUTION ACCEPTING A $1,000,000 DRINKING WATER STATE REVOLVING FUND LEAD SERVICE LINE REPLACEMENT NO-INTEREST LOAN

To adopt the Resolution Accepting the North Carolina Department of Environmental Quality Drinking Water State Revolving Fund - Lead Service Line Replacement loan in the amount of $1,000,000 to conduct water service line inventory field verifications; and

To authorize the City Manager to negotiate and execute the loan agreement with the State of North Carolina Department of Environmental Quality, Division of Water Infrastructure, and associated documents.

20. 2024 MAINTENANCE OF UTILITY EASEMENTS

To authorize the City Manager to execute the Maintenance of Utility Easements project with Bull City Sitework, LLC in an amount not to exceed $3,509,856;

To establish a contingency fund in the amount of $350,144; and

To authorize the City Manager to negotiate and execute modifications for the Maintenance of Utility Easements project, provided that the total contract amount does not exceed $3,860,000.

Presentations

City Attorney's Office

21. [PRESENTATION ON QUASI-JUDICIAL PROCEDURE[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=657&doctype=1#mediaAndItemView "Read more details about this item")

For City Council to receive a presentation on Quasi-Judicial procedure ahead of the major special use permit and major site plan application coming before this body on September 16, 2024.

Public Hearings

City-County Planning Department

22. CONSOLIDATED ANNEXATION – WOODLANDS PRESERVE – TORREDGE ROAD

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

Motion 1: To adopt an ordinance annexing 'Woodlands Preserve Torredge Road' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Marlowe Development Partners, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, Falls/Jordan Lake Watershed District B, county jurisdiction and establishing the same as Residential Suburban-20, Falls/Jordan Lake Watershed District B, city jurisdiction; and

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

23. CONSOLIDATED ANNEXATION – WOODLANDS PRESERVE – KOBACK DRIVE

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

Motion 1: To adopt an ordinance annexing 'Woodlands Preserve Koback Drive' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Marlowe Development Partners, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, Falls/Jordan Lake Watershed District B, county jurisdiction and establishing the same as Residential Suburban-20, Falls/Jordan Lake Watershed District B city jurisdiction; and

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

24. CONSOLIDATED ANNEXATION – LEIGH VALLEY

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

Motion 1: To adopt an ordinance annexing 'Leigh Valley' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Greenhawk Corporation, Inc.;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Suburban-20, Falls/Jordan Lake Watershed Protection District B, Major Transportation Corridor I-40, county jurisdiction and establishing the same as Residential Compact with a Development Plan, Falls/Jordan Lake Watershed Protection District B, Major Transportation Corridor I-40, city jurisdiction;

Motion 3: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, Falls/Jordan Lake Watershed Protection District B, county jurisdiction and establishing the same as Residential Suburban-20, Falls/Jordan Lake Watershed Protection District B, city jurisdiction; and

Motion 4: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

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

Supplemental Items

City Manager's Office

25. U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM GRANT OFFER 3-37-0056-070-2024

To accept the U.S. Department of Transportation - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Offer 3-37-0056-070-2024 (Grant 70), in the amount of $35,478,766, and

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

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=657&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.