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\_c1pzuV3HQBKyd2kRyzgWVA 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. Workforce Development Board - Appointments
To appoint residents to fill five (5) vacancies on the Workforce Development Board representing the categories of two (2) Private Sector, one (1) State Employment Service, one (1) Adult Education & Literacy, and one (1) Out-of-School Youth Organization with terms expiring on June 30, 2027.
(Due to the term expirations of Kenneth Angeli, Gregory Bellamy, Quillie Coath Jr., Jeffrey L. Frederick, and Ernest Mills Sr.)
Finance Department
2. July 2023 Bid Report
To receive a report on the bids that were acted upon by the City Manager in July 2023.
Departmental Items
City Council's Office
3. Discussion on an Infrastructure Bond
To receive a discussion on a possible Infrastructure Bond.
City Manager's Office
4. American Rescue Plan Act (ARPA) Project - Merrick-Moore Community Preservation Project
To authorize the City Manager to execute an ARPA subrecipient grant agreement with Merrick-Moore Community Development Corporation in an amount not to exceed $525,000 to support community members by assisting with home repairs, energy upgrades, flood prevention, and improving air quality.
City-County Planning Department
5. Durham Open Space and Trails Interlocal Agreement Update
To resolve that the City Manager is authorized to execute the updated City of Durham and County of Durham Interlocal Cooperation Agreement for Open Space and Trails Planning.
Community Safety Department
6. FY24 Interlocal Agreement with Durham County Regarding Bull City United and Project Build
To resolve that the City Manager be authorized to execute an Interlocal Agreement with Durham County for an amount not to exceed $1,176,100 to support Bull City United and Project BUILD.
7. Renew Contract with North Carolina Administrative Office of the Courts for Domestic Violence Caseload
To authorize the City Manager to renew a contract with North Carolina Administrative Office of the Courts in the amount not to exceed $176,460 to fund an Assistant District Attorney and Legal Assistant in the Durham District Attorney's Office for the purpose of addressing domestic violence cases.
8. Renew Contract with North Carolina Administrative Office of the Courts for Gang Reduction Caseload
To authorize the City Manager to renew a contract with the North Carolina Administrative Office of the Courts in the amount not to exceed $99,714 to fund an Assistant District Attorney in the Durham District Attorney's Office for the purpose of addressing gang violence cases.
9. Contract Renewal with Legal Aid of NC to Administer the Durham Expunction and Restoration (DEAR) Program
To authorize the City Manager to renew a contract with Legal Aid of North Carolina in an amount not to exceed $245,000 to administer the Durham Expunction and Restoration (DEAR) program for Fiscal Year 2024.
Finance Department
10. Limited Obligation Bonds, Series 2023
To adopt a Resolution approving an amendment to an Installment Financing Contract not to exceed $138,000,000 and associated documents, and providing for certain other related matters.
Police Department
11. [2023 Second Quarter Crime Report [20 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=595&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation on the 2023 Second Quarter Crime Report; and
To receive the 2023 Second Quarter Crime Report.
Public Works Department
12. Joint Funding Agreement with the U.S. Geological Survey for Operation and Maintenance of the City of Durham Rainfall and Streamflow Network
To authorize the City Manager to execute a joint funding agreement with the U.S. Geological Survey for the continued operation and maintenance of the automated rainfall and streamflow monitoring network at an amount not to exceed $485,500 for the period covering October 1, 2023 through September 30, 2026.
13. Contract Amendment No. 2 for SD-2021-06 Municipal Separate Storm Sewer System (MS4) Inspections
To authorize the City Manager to renew and amend the existing contract SD-2021-06, Municipal Separate Storm Sewer System (MS4) Inspections, with Duke’s Root Control, Inc. for one year and in the amount of $422,850 for a total revised contract amount of $1,138,550.
Water Management Department
14. Professional Services Contract Award to Hazen and Sawyer, P.C. for Planning for Biosolids Treatment and Renewable Energy at the North and South Durham Water Reclamation Facilities
To authorize the City Manager to execute a professional services contract with Hazen and Sawyer, P.C. for the Planning for Biosolids Treatment and Renewable Energy at the North and South Durham Water Reclamation Facilities for a not to exceed contract amount of $1,412,215;
To establish a contingency fund for the contract in the amount of $140,000; and
To authorize the City Manager to negotiate and execute amendments to the contract provided the total project cost does not exceed $1,552,215.
15. Contract Amendment No. 2 to the Professional Engineering Services Contract with Freese and Nichols, Inc. for the South Durham Phase III Hydraulic Model
To authorize the City Manager to execute Contract Amendment No. 2 with Freese and Nichols, Inc. for professional engineering services in the amount not to exceed $248,800 for a total revised contract amount of $1,602,130; and
To authorize the City Manager to negotiate modifications to the contract provided that the total contract cost, including contingency funds, does not exceed $1,636,130.
16. Resolution to Authorize an Application for a Drinking Water State Revolving Fund Lead Service Line Replacement No-Interest Loan and Grant
To adopt the resolution authorizing an application for funding for a service line inventory field verification project for disadvantaged areas through a $1,000,000 Drinking Water State Revolving Fund loan and grant.
Presentations
City Council's Office
17. Discussion on the Don’t Waste Durham and the Environmental Law and Policy Clinic’s Plastic Bag Ordinance
To receive a presentation by the Don't Waste Durham, Environmental Law and Policy Clinic and Plastic Bag Ordinance Sub-Committee on the Plastic Bag Ordinance.
City Manager's Office
18. [American Rescue Plan Act (ARPA) Update [30 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=595&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation on the American Rescue Plan Act (ARPA).
Community Safety Department
19. [Annual Update on Progress of Bull City United [15 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=595&doctype=1#mediaAndItemView "Read more details about this item")
To receive an annual update from Durham County on the progress of Bull City United.
Police Department
20. [Police Satisfaction Survey Results by ETC Institute [20 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=595&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation on the results of the Police Satisfaction Survey from the ETC Institute.
Public Hearings
City-County Planning Department
21. Unified Development Ordinance Text Amendment - Phased Development and Tree Preservation
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; Article 8, Environmental Protection; Article 9, Landscaping and Buffering; and Article 13, Additional Requirements for Subdivisions, effective October 1, 2023; and
Motion 2, To adopt the appropriate consistency statement as required per NCGS - 160D-605.
22. Consolidated Annexation - 1102 and 1034 South Miami Boulevard
To conduct a public hearing to receive comments and consider the following motion(s):
Motion 1, To adopt an ordinance annexing '1102 and 1034 South Miami Boulevard' into the City of Durham effective September 30; and to authorize the City Manager to enter into a utility extension agreement with BPC NC Miami Durham, LLC;
Motion 2, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20 and Commercial Center, Falls/Jordan District B, County Jurisdiction and establishing the same as Residential Suburban Multifamily with a Development Plan, Falls/Jordan District B, City Jurisdiction; and
Motion 3, To adopt a Consistency Statement as required by NCGS 160D-605.
23. Zoning Map Change - 301 Infinity Road
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 by taking property out of the Residential Suburban-20, Eno District-B and establishing the same as Planned Development Residential 7.203 and Office & Institutional with a development plan, Eno District-B; and
Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.
Water Management Department
24. Proposed Updates to Connection, Pump Station Review, and Flow Monitoring Fees
To conduct a public hearing to receive comments and consider the following motion:
To adopt an ordinance amending Part 13-106 and Part 13-109 of the City's fee schedule.
Supplemental Item
City Manager's Office
25. U.S. Department of Transportation - Federal Aviation Administration - Airport Improvement Program Grant Offer 3-37-0056-064-2023 (Grant 64)
To accept the U.S. Department of Transportation - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Offer 3-37-0056-064-2023 (Grant 64), in the amount of $10,000,000; 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=595&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.