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. DURHAM BICYCLE & PEDESTRIAN ADVISORY COMMISSION - APPOINTMENT
To appoint Rosalia M. Edmonds to the Durham Bicycle & Pedestrian Advisory Commission representing Youth with the term to expire on August 31, 2027.
(Due to the resignation of Philip L. Sophocleous)
Vote: 7/0
3. APPROVAL OF CITY COUNCIL MINUTES
To approve the City Council Minutes for the following meetings:
September 3, 2024 Regular Meeting; September 5, 2024 Work Session; September 16, 2024 Regular Meeting; September 19, 2024 Work Session; October 7, 2024 Regular Meeting; October 10, 2024 Work Session; October 21, 2024 Regular Meeting; and October 24, 2024 Work Session.
Vote: 7/0
4. THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)FOR THE FISCAL YEAR ENDED JUNE 30, 2024
To receive a presentation of the Annual Comprehensive Financial Report (ACFR) by the external auditor for the fiscal year ended June 30, 2024; and
[A presentation was made during the November 21, 2024 City Council Work Session.]
To receive the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2024.
Vote: 7/0
5. APPOINTMENTS & REAPPOINTMENT TO THE CIVILIAN POLICE REVIEW BOARD
To confirm the City Manager's appointment of Sean Allen, Shaquana Lindsey, Michael Sistrom, and Alexander Williams to the Civilian Police Review Board with terms expiring June 30, 2028; and
To confirm the City Manager's reappointment of Cassandra Johnson with a term expiring June 30, 2028.
Vote: 7/0
6. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – FAYETTEVILLE STREET CORRIDOR PLANNING & INFRASTRUCTURE COMMUNITY ASSISTANCE INITIATIVE (CAI)
To authorize the City Manager to execute an ARPA subrecipient grant agreement with Fayetteville Street Planning Group, Inc. and United Way of the Greater Triangle in an amount not to exceed $1,000,000.
Vote: 7/0
7. FIRST AMENDMENT TO AMERICAN RESCUE PLAN ACT (ARPA) PROJECT -- MULTIFAMILY SUPPORT & SUPPLY (MASS) DURHAM COMMUNITY LAND TRUSTEES INC. SUBRECIPIENT GRANT AGREEMENT
To authorize the City Manager to execute an amendment to ARPA subrecipient grant agreement with Durham Community Land Trustees, Inc.for the Multifamily Support & Supply program.
Vote: 7/0
8. FIRST AMENDMENT TO AMERICAN RESCUE PLAN ACT (ARPA) PROJECT -- DURHAM AFFORDABLE SUSTAINABLE HOMES (DASH) DURHAM COMMUNITY LAND TRUSTEES INC. SUBRECIPIENT GRANT AGREEMENT
To authorize the City Manager to execute an amendment to ARPA subrecipient grant agreement with Durham Community Land Trustees, Inc. for the Durham Affordable Sustainable Homes program.
Vote: 7/0
9. AMERICAN RESCUE PLAN ACT (ARPA) – INTERLOCAL AGREEMENT WITH DURHAM COUNTY TO SUPPORT DIGITAL EQUITY EFFORTS.
To resolve that the City Manager be authorized to accept $750,000 in Durham County's American Rescue Plan Act (ARPA) Funds and to execute the Interlocal Agreement with Durham County to support Digital Equity Efforts; and
To adopt the American Rescue Plan Act (ARPA) of 2021 Interlocal Agreements with Durham County Grant Project Ordinance Superseding Grant Project Ordinance #16401.
Vote: 7/0
10. HISTORIC PRESERVATION FUND GRANT PROJECT ORDINANCE
Motion 1: To authorize the City Manager to accept the 2024 Historic Preservation Fund grant by executing the grant documents and to authorize the City Manager to amend and negotiate the grant agreement; and
Vote: 7/0
Motion 2: To adopt the 2024 Historic Preservation Fund Grant Project Ordinance in the amount of $25,000 to fund an architectural inventory survey and a National Register nomination for Emorywood Estates.
Vote: 7/0
11. CONTRACT RENEWAL FOR FY25 CITY OF DURHAM DOMESTIC VIOLENCE AND GANG REDUCTION AGREEMENT WITH NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS
To authorize the City Manager to execute the FY25 City of Durham Domestic Violence and Gang Reduction Agreement with District Attorney Satana T. Deberry and the North Carolina Administrative Office of the Courts in the amount not to exceed $286,342 to fund two Assistant District Attorney and one Legal Assistant in the Durham District Attorney's Office for the purpose of addressing domestic violence and gang violence cases.
Vote: 7/0
12. APPROVE DATA USE AGREEMENT BETWEEN THE CITY OF DURHAM AND HARVARD KENNEDY SCHOOL
To authorize the City Manager to approve a Data Use Agreement between the City of Durham and the Harvard Kennedy School; and
To permit access to City employee personnel files by professional representatives of the Harvard Kennedy School, subject to the limitations in the Data Use 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 that the interlocal agreement with Durham County is not to exceed $500,000 in program grants and $127,500 of administrative and outreach cost reimbursements.
Vote: 7/0
15. COOPERATIVE GROUP PURCHASE CONTRACT– SEWER VAC TRUCK
To authorize the City Manager to execute a contract with Infrastructure Solutions Group, Inc. of Mooresville, North Carolina for the purchase of one (1) sewer vac truck for a total amount of $588,637.92.
Vote: 7/0
16. CONDEMNATION ACTION TO OBTAIN ONE EASEMENT AT 1025 NINTH STREET FOR THE WEST CLUB BOULEVARD UTILITY REHABILITATION AND REPLACEMENT PROJECT
To adopt the Resolution Authorizing the Condemnation of Portions of 1025 Ninth Street for the West Club Boulevard Utility Rehabilitation and Replacement Project.
Vote: 7/0
17. CONDEMNATION ACTION TO OBTAIN ONE AREA OF FEE SIMPLE AND ONE EASEMENT AT 407 MORREENE ROAD FOR THE BICYCLE AND PEDESTRIAN IMPROVEMENTS PROJECT (SW-47)
To adopt the Resolution Authorizing the Condemnation of Portions of 407 Morreene Road for the Morreene Road (SR1317) Bicycle and Pedestrian Improvements Project (SW-47).
Vote: 7/0
18. CONDEMNATION ACTION TO OBTAIN ONE AREA OF FEE SIMPLE AND ONE EASEMENT AT 929 MORREENE ROAD (SW-47)
To adopt the Resolution Authorizing the Condemnation of Portions of 929 Morreene Road for the Morreene Road (SR 1317) Bicycle and Pedestrian Improvements Project (SW-47).
Vote: 7/0
19. RESOLUTION ACCEPTING THE UNITED STATES DEPARTMENT OF ENERGY, ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FORMULA FUNDING
To authorize the City Manager to execute an assistance agreement with the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Formula Funding in the amount of $297,140;
To adopt the Resolution Accepting the Energy Efficiency Conservation Block Grant from the United States Department of Energy to Install Rooftop Solar at W.D. Hill Recreation Center; and
To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance # 16398.
Vote: 7/0
21. 2024 THIRD QUARTER CRIME REPORT
To receive a presentation on the 2024 Third Quarter Crime Report; and
[A presentation was made during the November 21, 2024 City Council Work Session.]
To receive the 2024 Third Quarter Crime Report.
Vote: 7/0
22. STREET AND UTILITY ACCEPTANCES
To accept certain streets and infrastructure in 1104 and 1100 Edgevale Drive; 600 & 618 Linfield Drive Utility Extension; The Enclave at Garrett; Weaving Water; and Westover Road Utility Extension for maintenance by the City of Durham.
Vote: 7/0
23. AMENDMENT NO. 2 TO PROFESSIONAL ENGINEERING SERVICES CONTRACT NO. 15462 WITH DEWBERRY ENGINEERS INC. FOR THE WEST CLUB BOULEVARD CORRIDOR UTILITY REHABILITATION PROJECT
To authorize the City Manager to execute an amendment to the West Club Boulevard Corridor Utility Rehabilitation Project with Dewberry Engineers Inc. for professional engineering services in the amount not to exceed $267,508.66, increasing the total contract amount to $2,150,615.87;
To establish additional contingency funds for the contract in the amount not to exceed $26,750.87, increasing the total amount to $159,409.78; and
To authorize the City Manager to negotiate and execute modifications to the West Club Boulevard Corridor Utility Rehabilitation Project, provided that the total contract amount including existing contingency funds does not exceed $2,310,025.65.
Vote: 7/0
24. CONSTRUCTION AWARD TO MOFFAT PIPE INC. FOR THE WEST CLUB BLVD. CORRIDOR UTILITY REHABILITATION AND REPLACEMENT PROJECT
To authorize the City Manager to execute the West Club Blvd. Corridor Utility Rehabilitation and Replacement Project with Moffat Pipe, Inc. in an amount not to exceed $20,355,978;
To establish a contingency fund in the amount of $2,035,597; and
To authorize the City Manager to negotiate and execute modifications to the West Club Blvd. Corridor Utility Rehabilitation and Replacement Project, provided that the total contract amount including existing contingency funds does not exceed $22,391,575.
Vote: 7/0
25. RESOLUTION TO AUTHORIZE AN APPLICATION FOR DRINKING WATER STATE REVOLVING FUND EMERGING CONTAMINANTS STUDY GRANT FUNDING
To adopt a Resolution supporting the submittal of an application for Drinking Water State Revolving Fund Emergency Contaminants study grant funding for up to $500,000.
Vote: 7/0
26. AMENDMENT 1 TO THE PROFESSIONAL SERVICES CONTRACT WITH MCKIM & CREED, INCORPORATED FOR THE NC 751 SEWER OUTFALL IMPROVEMENTS
To authorize the City Manager to execute an amendment to the NC 751 Sewer Outfall Improvements with McKim & Creed, Incorporated for professional engineering services in the amount not to exceed $1,365,600 increasing the total contract amount to $1,528,300;
To establish additional contingency funds for the contract with McKim & Creed, Incorporated in the amount not to exceed $136,500, increasing the total amount to $152,700; and
To authorize the City Manager to negotiate change orders for the service contract with McKim & Creed, Incorporated, provided that the total contract cost does not exceed $1,681,000.
Vote: 7/0
32. AUTHORIZATION FOR LOAN ASSIGNMENT FROM CRESCENT ACQUISITIONS, LLC FOR THE DEVELOPMENT OF SANDY RIDGE VILLAS
To authorize the City Manager to accept the loan assignment of $3.1 million for the development of Sandy Ridge Villas;
To authorize the City Manager to execute all documents and instruments necessary and appropriate to carry out the loan assignment; and
To authorize the City Manager to make non-material changes to all documents and instruments necessary to carry out the loan assignment, provided these changes do not increase the City's financial obligations or materially diminish its benefits.
Vote: 7/0
The following item(s) were disposed during the November 21, 2024 City Council Work Session
2. DURHAM WORKERS' RIGHTS COMMISSION - APPOINTMENT
[This item was referred back to City Clerk's Office.]
13. ORDINANCE AUTHORIZING ADOPTION OF REVISION TO BY-LAWS OF THE MAYORS COMMITTEE FOR PERSONS WITH DISABILITIES
[This item was referred back to Equity and Inclusion Department.]
20. RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2024 DURHAM HOLIDAY PARADE
[This item was approved during the November 21, 2024 City Council Work Session.]
27. FY 2024-25 FIRST QUARTER FINANCIAL REPORT
[A presentation was made during the November 21, 2024 City Council Work Session.]
General Business Agenda - Public Hearings
28. ZONING MAP CHANGE – VIVO LIVING IVY CREEK
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 Commercial General with a development plan and Office and Institutional with a development plan and establishing the same as Planned Development Residential 35.654; and
Vote: 7/0
Motion 2: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
Vote: 7/0
29. ZONING MAP CHANGE – HILLSBOROUGH ROAD COMMERCIAL
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 Compact Design-Support 2 and establishing the same as Commercial Infill with a textual development plan; and
Vote: 7/0
Motion 2: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.
Vote: 7/0
30. STATUTORY VESTED RIGHTS DETERMINATION – DAVIS PARK POD G
To conduct a public hearing to receive comments and consider the following motion:
Motion 1: To adopt an ordinance approved statutory vested rights for site plan D2200108, Davis Park Pod G, with an expiry date for the site plan of December 2, 2029.
Vote: 7/0
31. STREET CLOSING - PERMANENT CLOSING OF 2,899 SQUARE FEET OF VICTORY LANE
To conduct a public hearing to receive comments and consider the following motion:
Motion 1: To permanently close portions of the cul-de-sac that previously served as the terminus of Victory Lane, totaling 2,899 square feet.
Vote: 7/0
Other Matters
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=671&doctype=1#mediaAndItemView "Read more details about this section"): 9:25 PM