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\_toncWmvaQ3--XjJ3kMsdiQ 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. Approval of City Council Minutes

To approve the City Council minutes for the following meetings:9/18/23 Regular; 9/21/23 Work Session; 9/28/23 Closed Session; 10/2/23 regular; 10/4/23 Closed Session - Clerk; 10/4/23 Closed Session - Attorney; and 10/5/23 Work Session

2. Durham Open Space & Trails Commission - Appointment

To appoint a resident to fill one (1) vacancy representing At-Large on the Durham Open Space & Trails Commission with the term to expire on June 30, 2026.

(Due to the resignation of Stephen A. Cohn)

3. Durham Cultural Advisory Board - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Cultural Advisory Board with the term to expire on June 30, 2025.

(Due to the resignation of Mitchell E. Sava)

Departmental Items

Audit Services Department

4. [Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2023[20 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=615&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation of the Annual Comprehensive Financial Report (ACFR) by the external auditor for the fiscal year ended June 30, 2023; and

To receive the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2023.

Budget and Management Services Department

5. FY 2024-25 Budget Development Schedule

To adopt the FY 2024-25 Budget Development Schedule.

City Manager's Office

6. American Rescue Plan Act (ARPA) Project – Be Connected Durham: Fayetteville Street Corridor Equitable Engagement Series

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Be Connected Durham & Beyond in an amount not to exceed $350,000.

7. American Rescue Plan Act (ARPA) - Interlocal Agreement with Durham County to Support Joint Affordable Housing Projects

To resolve that the City Manager be authorized to accept $3.5 million in American Rescue Plan Act (ARPA) Funds to execute the Interlocal Agreement with Durham County to support joint affordable housing projects.

City-County Planning Department

8. Contract with T. G. Allen & Associates, LLC for Equitable Engagement on the New Unified Development Ordinance

To authorize the City Manager to execute a contract with T. G. Allen & Associates, LLC with a contract not to exceed the amount of $157,515.

Community Development Department

9. Second Amendment to Grant Agreement #18353 Between Legal Aid of North Carolina (LANC) and the City of Durham for Eviction Diversion

To authorize the City Manager to execute an amendment to Grant Agreement #18353 with Legal Aid of North Carolina to provide legal representation to City of Durham residents facing eviction in the amount of $525,015 for a revised, total contract amount not to exceed $3,130,465.

Office of Economic and Workforce Development

10. Contract Amendment No. #3 for FY2022-26 City Services and Programs for the Downtown Durham Municipal Service District Between the City of Durham and Downtown Durham, Inc.

To authorize the City Manager to execute a contract amendment with Downtown Durham, Inc. (DDI) to provide services and programs within the Downtown Durham Municipal Service District to increase the amount by $50,000, for an adjusted not to exceed amount of $4,513,524.

Police Department

11. Contract Amendment for the ShotSpotter Respond Services Agreement

To authorize the City Manager to execute a contract amendment with SoundThinking, Inc. for the ShotSpotter (formerly Respond) subscription services, modifying the initial term from a period of 12 months ending on 12/14/2023 to 15 months ending on 3/14/2024, in the amount of $52,356 for a revised, total contract amount of $249,856.

Solid Waste Management Department

12. Contract with Central Carolina Holdings, LLC for Recycling and Disposal of Scrap Tires

To authorize the City Manager to execute the Contract for Scrap Tire Recycling and Disposal with Central Carolina Holdings, LLC in an amount not to exceed $1,400,000;

To establish a contingency fund in the amount of $300,000; and

To authorize the City Manager to negotiate and execute modifications to the Contract for Scrap Tire Recycling and Disposal, provided that the total cost of the contract together with all modifications does not exceed $1,700,000.

Transportation Department

13. Purchase Contract with Gillig, LLC for Electric Buses for GoDurham

To authorize the City Manager to execute a purchase contract with Gillig, LLC for up to thirty-two (32) new 40ft low-floor battery electric buses over a five-year period with the initial purchase of eighteen (18) new 40ft low-floor battery electric buses in the amount of $1,182,370 per bus for a total of $21,282,660.

14. FY2023-24 5339 Federal Flex Grant Project Ordinance

To adopt FY2023-24 5339 Federal Flex Grant Project Ordinance; and

To authorize the City Manager to execute the grant agreements and other documents that are required to receive the grant funds.

Water Management Department

15. Agreement Between City of Durham and City of Raleigh Regarding Mutual Aid for Drinking Water Supply

To resolve that the City Manager is authorized to execute the Agreement Between City of Durham and City of Raleigh Regarding Mutual Aid for Drinking Water Supply.

16. Contract with Daupler, Inc. for Water and Sewer Maintenance Supplemental Dispatch and Customer Notification Services

To authorize the City Manager to execute a five-year Contract for Supplemental Dispatch and Customer Notification Services in an amount not to exceed $135,855 in Year 1, with a maximum annual increase of 4% in subsequent years, for a total not-to-exceed contract amount of $735,834.50.

Public Hearings

City-County Planning Department

17. Consolidated Annexation - Page Road - Greenwood

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

Motion 1, To adopt an ordinance annexing 'Page Road - Greenwood' into the City of Durham effective December 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Greenwood Homes - Raleigh, LLC;

Motion 2, To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, county jurisdiction and establishing the same as Planned Development Residential 7.827, city jurisdiction; and

Motion 3, To adopt a Consistency Statement as required by NCGS 160D-605.

18. Zoning Map Change - 3317 & 3325 Rose of Sharon Road

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 (RS-20), Eno District-B, and establishing the same as Planned Development Residential 6.400 (PDR 6.400), Eno District-B; and

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.

19. UDO Text Amendment - Omnibus 18

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, incorporating revisions to Article 3, Applications and Permits, Article 5, Use Regulations, Article 6, District Intensity Standards, Article 7, Design Standards, Article 9, Landscaping and Buffering, Article 14, Nonconformities, and Article 17, Definitions; and

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.

20. UDO Text Amendment - Pedestrian Mall

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, incorporating revisions to Article 16, Design Districts; Section 4, Streetscape, Right-of-Way, Block/Lot Standards; and

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.

21. UDO Text Amendment - Conservation Subdivisions

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, incorporating revisions to Article 6, District Intensity Statements; and

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.

Community Development Department

22. FY 2023-2024 Annual Action Plan Public “Needs” Hearing

To conduct the first Public “Needs” Hearing for the FY 2024-2025 Annual Action Plan related to housing and community development needs in Durham.

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

Supplemental Items

City Council

23. Ward 3 Vacancy Process

To discuss the Ward 3 Vacancy process.

Settling the Agenda

Other Matters


Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=615&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.