Durham City Council Action Agenda
Present: Mayor Leonardo Williams Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Nate Baker Javiera Caballero Chelsea Cook DeDreana Freeman Carl Rist Absent:None.
Consent Agenda
1. MAYOR'S HISPANIC/LATINO COMMITTEE - APPOINTMENTS
To appoint Giseli E. Ordonez-Ochoa and Catalina Sanchez Toloza representing Youth, and Marianella Marsano McCole to the Mayor's Hispanic/Latino Committee with the terms to expire on October 1, 2025 and October 1, 2026.
(Due to the resignation of Joshua O. Toth and addition of Youth seats)
Vote: 7/0
2. RACIAL EQUITY COMMISSION - APPOINTMENT
To appoint Efiotu Jagun to the Racial Equity Commission representing Youth with the term to expire on October 18, 2027.
(Due to the termination of Taylor A. Walker)
Vote: 7/0
3. DURHAM BOARD OF ADJUSTMENT - APPOINTMENT
To appoint Rich Gittings to the Durham Board of Adjustment representing Alternate Member with the term to expire on June 30, 2025.
(Due to the resignation of Jessica Major)
Vote: 7/0
4. CITIZENS ADVISORY COMMITTEE - APPOINTMENT
To appoint Tori Cook to the Citizens Advisory Committee with the term to expire on June 30, 2027.
(Due to the term expiration of Ann Rebeck)
Vote: 7/0
5. RECREATION ADVISORY COMMISSION - APPOINTMENTS
To appoint Cedric B. Burke, Girija Mahajan, Mary K. Parsons, and Gabrielle L. Rivero to the Recreation Advisory Commission with the terms to expire on August 8, 2025 and August 8, 2027.
(Due to the resignation of Lesley J. Stracks-Mullem and term expirations of Cedric B. Burke, Michael Johnston, and Girija Mahajan)
Vote: 7/0
6. DURHAM PLANNING COMMISSION - APPOINTMENT
To appoint Zack Czajkowski to the Durham Planning Commission with the term to expire on June 30, 2027.
(Due to the term expiration of Vikas Gurram)
Vote: 7/0
7. WORKFORCE DEVELOPMENT BOARD - APPOINTMENTS
To appoint Christina Piard, Carla Walton, and Keisha Williams representing Private Sector, Roger C. Shumate representing Labor Organization/Apprenticeship, and Jameya Green representing Durham Public Schools to the Workforce Development Board with the terms to expire on June 30, 2025, June 30, 2027, and June 30, 2028.
(Due to the term expirations of Nicole J. Thompson and Rebecca Axford, resignations of Julie A. Pack and Leslie Elaine Madison, and termination of Scott A. McGregor)
Vote: 7/0
8. DURHAM BICYCLE & PEDESTRIAN ADVISORY COMMISSION - APPOINTMENT
To appoint Cristian B. Velazquez Gonzales to the Durham Bicycle & Pedestrian Advisory Commission representing Walking/Running/Pedestrian Community for Marginalized Groups with the term to expire on August 31, 2025.
(Due to the resignation of Nastacia M. Pereira)
Vote: 7/0
9. APPROVAL OF CITY COUNCIL MINUTES
To approve the City Council minutes for the following meetings: 5/20/24 Regular Meeting, 5/23/24 Work Session, 5/29/24 Budget Work Session, 5/30/24 Budget Work Session, 6/3/24 Regular Meeting, 6/6/24 Work Session and 6/17/24 Regular Meeting.
Vote: 7/0
10. FICTITIOUS EMPLOYEES PERFORMANCE AUDIT JUNE 2024
To receive the Fictitious Employees Performance Audit approved at the June 10, 2024 Audit Services Oversight Committee meeting.
Vote: 7/0
11. SOLID WASTE AND RECYCLING PERFORMANCE AUDIT JUNE 2024
To receive the Solid Waste and Recycling Performance Audit approved at the June 10, 2024 Audit Services Oversight Committee meeting.
Vote: 7/0
12. CONTRACT WITH SUBMITTABLE HOLDINGS INC FOR SOFTWARE TO STREAMLINE AMERICAN RESCUE PLAN ACT GRANT PROCESSES
To authorize the City Manager to execute the Contract with Submittable Holdings Inc for Software-as-a-Service in an amount not to exceed $53,629.21.
Vote: 7/0
13. FY2024-25 CAPITAL IMPROVEMENT PLAN (CIP) BUDGET ORDINANCE AMENDMENTS
To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance #16338;
To adopt an ordinance amending the Water and Wastewater Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance #16339;
To adopt an ordinance amending the Stormwater Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance #16340;
To adopt an ordinance amending the Parking Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance #16342, and;
To adopt an ordinance amending the Transit Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance #16343.
Vote: 7/0
14. RESOLUTION TO AUTHORIZE KROGER OPIOID SETTLEMENTS AND THE SECOND SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS
To adopt the resolution authorizing City Manager to execute the Second Supplemental Agreement of Additional Funds From Additional Settlements of Opioid Litigation.
Vote: 7/0
15. AGREEMENT TO FUND HAYTI REBORN JUSTICE MOVEMENT (HRJM) USING CITY OF DURHAM GRANT FUNDS
To authorize the City Manager to execute a grant agreement with Hayti Reborn Justice Movement in an amount not to exceed $1,000,000.
Vote: 7/0
16. PREDEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY OF DURHAM FOR THE BEAMON STREET ASSEMBLAGE
To authorize the City Manager to negotiate and enter into an agreement with Habitat for Humanity of Durham, in an amount not to exceed $200,000.00 for predevelopment activities on the Beamon Street Assemblage site;
To authorize the City Manager to make necessary and sundry changes to the contract 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; and
To authorize the City Manager to enter into a Right of Entry Agreement with Habitat for Humanity of Durham to allow access to 105 East Piedmont Avenue for predevelopment and due diligence activities.
Vote: 7/0
17. COOPERATIVE GROUP PURCHASE CONTRACT– ONE (1) FIRE AERIAL LADDER PLATFORM TRUCK
To authorize the City Manager to execute a contract with Sutphen Corporation of Amlin, Ohio for the purchase of one (1) Sutphen SPH100 mid-mount aerial ladder platform fire truck in the amount of $2,202,202.23.
Vote: 7/0
18. CONTRACT WITH GOVERNMENTJOBS.COM, INC. FOR SOFTWARE TO MANAGE JOB RECRUITMENT AND APPLICANT TRACKING FUNCTIONS
To authorize the City Manager to execute a one-year contract with Governmentjobs.com, Inc. for job recruitment and applicant tracking software for an amount not to exceed $78,671.82.
Vote: 7/0
19. RESOLUTION ACCEPTING TWO NORTH CAROLINA LAND AND WATER FUND GRANTS TO CONSTRUCT THE SOUTH ELLERBE STORMWATER PROJECT
To adopt the Resolution Accepting Two Capital Improvement Project Grants from the North Carolina Land and Water Fund to Construct the South Ellerbe Stormwater Restoration Project; and
To authorize the City Manager to negotiate and execute two grant agreements with the North Carolina Land and Water Fund, and associated documents.
Vote: 7/0
20. SOUTH ELLERBE STORMWATER PROJECT DECLARATION OF COVENANTS
To approve the Declaration of Covenants, Conditions, and Restrictions for Restoration Purposes (Restoration Declaration); and
To authorize the City Manager to execute and record the Declaration of Covenants, Conditions, and Restrictions for Restoration Purposes (Restoration Declaration).
Vote: 7/0
21. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – DIGITAL LITERACY TRAINING AND COMPUTERS
To authorize the City Manager to execute an ARPA subrecipient grant agreement with Kramden Institute, Inc. in an amount not to exceed $313,600.
Vote: 7/0
22. CONSTRUCTION AWARD TO CAROLINA CIVILWORKS INC FOR THE ENO RIVER LIFT STATION AND LICK CREEK LIFT STATION VALVE REPLACEMENT PROJECT
To authorize the City Manager to execute the Eno River Lift Station and Lick Creek Lift Station Valve Replacement Project with Carolina Civilworks Inc in an amount not to exceed $5,367,590;
To establish a contingency fund in the amount of $536,759; and
To authorize the City Manager to negotiate and execute modifications to the Eno River Lift Station and Lick Creek Lift Station Valve Replacement Project, provided that the total contract amount including existing contingency funds does not exceed $5,904,349.
Vote: 7/0
23. AMENDMENT NO. 1 TO PROFESSIONAL ENGINEERING SERVICES CONTRACT NO. 18428 WITH HAZEN AND SAWYER FOR DESIGN OF THE TEER QUARRY RAW WATER STORAGE AND PUMPING FACILITIES PROJECT
To authorize the City Manager to execute contract Amendment No. 1 with Hazen and Sawyer, P.C., for detailed design, permitting and bid services for the Teer Quarry Raw Water Storage and Pumping Facilities Project in the amount of $3,989,951, for a total, revised contract amount of $4,799,951; and
To establish additional contingency funds of $318,995, along with the original unused contract contingency of $80,000, increasing the total contract contingency amount to $398,995; and
To authorize the City Manager to negotiate change orders to the contract provided the total contract cost does not exceed $5,198,946.
Vote: 7/0
28. GROUND LEASE AGREEMENT WITH SOUTHSIDE REVITALIZATION PHASE III AND PHASE IV LIMITED PARTNERSHIPS
To adopt a resolution authorizing the City Manager to negotiate and enter into a 99-year Ground Lease Agreement with Southside Revitalization Phase III Limited Partnership or its designated affiliate approved by the City, for the development of 56 affordable rental units at the Lofts at Southside Apartments Phase III;
To adopt a resolution authorizing the City Manager to negotiate and enter into a 99-year Ground Lease Agreement with Southside Revitalization Phase IV Limited Partnership or its designated affiliate approved by the City, for the development of 44 affordable rental units at the Lofts at Southside Apartments Phase IV;
To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate in order to carry out the purpose of the Ground Lease Agreement; and
To authorize the City Manager to make necessary and sundry changes to the Ground Lease 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.
Vote: 7/0
The following items(s) were disposed during the August 5, 2024, 2024 City Council Work Session
27. ALISA JOHNSON
[Comments were received during the August 5, 2024 City Council Work Session.]
General Business Agenda - Public Hearings
24. CONSOLIDATED ANNEXATION – CLAYTON ROAD TOWNHOUSES
To conduct a public hearing to receive comments and consider the following motions:
Motion 1: To adopt an ordinance annexing 'Clayton Road Townhouses' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Edens Investments, Inc.;[Approved by Vote: 5/2 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Baker, Caballero and Rist. Noes: Council Members Cook and Freeman.]
Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Suburban-20 and Falls/Jordan Lake Watershed Protection District B, county jurisdiction and establishing the same as Planned Development Residential 6.897 and Falls/Jordan Lake Watershed Protection District B, city jurisdiction; and [Approved by Vote: 5/2 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Baker, Caballero and Rist. Noes: Council Members Cook and Freeman.]
Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
Vote: 7/0
25. ZONING MAP CHANGE – 1414 NC HIGHWAY 54
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-20 and Falls/Jordan Watershed Protection Overlay District B, and establishing the same as Office and Institutional with a textual development plan and Falls/Jordan Watershed Protection Overlay District B; and
Vote: 7/0
Motion 2: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
Vote: 7/0
26. CONSOLIDATED ANNEXATION – ALFORD TRACT
To conduct a public hearing to receive comments and consider the following motions:
Motion 1: To adopt an ordinance annexing 'Alford Tract' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with M/I Homes of Raleigh, LLC; [Approved by Vote: 4/3 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Caballero and Rist. Noes: Council Members Baker, Cook and Freeman.]
Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, Residential Suburban-20 and Falls/Jordan Watershed Protection District B, county jurisdiction and establishing the same as Planned Development Residential 7.698 and Falls/Jordan Watershed Protection District B, city jurisdiction; and[Approved by Vote: 5/2 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Baker, Caballero and Rist. Noes: Council Members Cook and Freeman.]
Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
Vote: 7/0
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=654&doctype=1#mediaAndItemView "Read more details about this section"): 10:29 PM\]