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\_0XFawCOZSTGfwXiYaWxw3w to register to speak during the Work Session.Your registration must 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 City-County Appearance Commission - Appointment
To appoint a resident to fill one (1) vacancy on the Durham City-County Appearance Commission with the term to expire on April 1, 2025.
(Due to the resignation of Leah F. Selvy)
Finance Department
2. January 2023 Bid Report
To receive a report on the bids that were acted upon by the City Manager in January 2023.
Departmental Items
Budget and Management Services Department
3. Interlocal Agreement for the Distribution of Sales Tax Between the City of Durham and Durham County
To ratify by resolution the one-year Interlocal Agreement (ILA) with Durham County for the sharing of sales tax revenue and;
To authorize the City Manager to execute the ILA on behalf of the City.
City Clerk's Office
4. Boards, Committees, Commissions and Taskforce Calendar Year 2022 Annual Attendance Reports
To receive the attendance reports for boards, committees, commissions and taskforces for the period January 1, 2022 through December 31, 2022; and
To authorize the City Clerk to begin the removal process for the members of City of Durham boards, committees, commissions and taskforces who have failed to meet attendance requirements.
City Council's Office
5. Resolution Entitled "The First First Responders Resolution”
To adopt the Resolution entitled "The First First Responders Resolution".
Police Department
6. 2022 Fourth Quarter Crime Report [20 minutes]
To receive a presentation on the 2022 Fourth Quarter Crime Report; and
To receive the 2022 Fourth Quarter Crime Report.
Transportation Department
7. Construction of a Traffic Signal at Renaissance Parkway and Leonardo Drive
To authorize the City Manager to execute a contract with LMJ Pavement Marking, LLC in the amount of $346,627.54 for the installation of a new traffic signal at Renaissance Parkway and Leonardo Drive;
To establish a project contingency fund in the amount of $51,994.13; and
To authorize the City Manager to negotiate change orders to the project provided the cost of the contract, including all change orders, does not exceed the total contract cost of $398,621.67.
Water Management Department
8. Amendment No. 4 to the Homeland Avenue Stream Relocation Project Professional Engineering Services Contract
To ratify the executed First, Second, and Third Amendments to the Homeland Avenue Stream Relocation contract with John R. McAdams Company, Incorporated in the amounts of $20,450, $13,895, and $4,500, respectively;
To authorize the City Manager to execute a Fourth Amendment with John R. McAdams Company, Incorporated in an amount not to exceed $34,255 for a total contract amount of $169,060;
To establish a contingency fund for the contract with John R. McAdams Company, Incorporated in the amount not to exceed $10,000; and
To authorize the City Manager to negotiate amendments to the contract provided that the total project cost does not exceed $179,060.
9. Amendment No. 3 to Aiken Avenue Stream Relocation Project Professional Engineering Services Contract
To ratify the executed First and Second Amendments to the Aiken Avenue Stream Realignment contract with John R. McAdams Company, Incorporated in the amounts of $21,500 and $4,500, respectively;
To authorize the City Manager to execute a Third Amendment with John R. McAdams Company, Incorporated in an amount not to exceed $37,409, for a total contract amount of $162,569;
To establish a contingency fund for the contract with John R. McAdams Company, Incorporated in the amount not to exceed $10,000; and
To authorize the City Manager to negotiate amendments to the contract provided that the total project cost does not exceed $172,569.
10. Professional Engineering Services Contract with Brown and Caldwell, Inc. for the Western Intake Partnership Environmental Permitting Project – Amendment No. 1
To authorize the City Manager to execute a contract amendment to the Western Intake Partnership Environmental Permitting Project with Brown and Caldwell, Inc. for $1,473,410, for a total, revised contract amount of $2,244,510;
To establish contingency funds of $147,340 for the Western Intake Partnership Environmental Permitting Project; and
To authorize the City Manager to negotiate and execute amendments to the contract provided that the total contract cost does not exceed $2,391,850.
Presentations
Budget and Management Services Department
11. [FY2022-23 Second Quarter Financial Report [15 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=572&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation on the FY2022-23 Second Quarter Financial Report.
City Manager's Office
12. [Affordable Housing Deep Dive Presentation from Durham Regional Association of Realtors®[15 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=572&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation from Durham Regional Association of REALTORS®.
General Services Department
13. [City of Durham Aquatics Splash and Play Final Report [20 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=572&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation on the City of Durham Aquatics Splash and Play Final Report.
Public Hearings
City-County Planning Department
14. Consolidated Annexation - Carpenter Falls
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Carpenter Falls Subdivision' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Edens Investment Inc.;
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural (RR), Falls/Jordan District - B (F/J-B), County Jurisdiction and establishing the same as Residential Rural (RR), Falls/Jordan District - B (F/J-B), City Jurisdiction; and
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
15. Consolidated Annexation - Crescent Drive Assemblage
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Crescent Drive Assemblage' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with PG NC Development South, LLC;
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban - 20 (RS-20), Falls/Jordan District - B (F/J-B), Major Transportation Corridor I-40 (MTC I-40), County Jurisdiction and establishing the same as Residential Compact with a Development Plan (RC(D)), Falls/Jordan District - B (F/J-B), Major Transportation Corridor I-40 (MTC I-40), City Jurisdiction; and
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
16. Consolidated Annexation – Fondcombe
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Fondcombe' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Kade Schemahorn and Caitlin Sapp;
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural (RR), Falls/Jordan District B (F/J-B), County Jurisdiction and establishing the same as Residential Rural (RR), Falls/Jordan District B (F/J-B), City Jurisdiction; and
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
17. Consolidated Annexation - 4109 Endor Lane
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing '4109 Endor Lane' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Modesto Hernandez Aguilar and Claudia Arias Romero;
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential-Suburban-20 (RS-20), Falls/Jordan District - B (F/J-B) County Jurisdiction and establishing the same as Residential Suburban-20 (RS-20), Falls/Jordan District - B (F/J-B), City Jurisdiction; and
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
18. Unified Development Ordinance Text Amendment, Sedimentation and Erosion Control
To conduct a public hearing to receive comments and consider the following motions:
Motion #1: To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 12, Infrastructure and Public Improvements; and Article 15, Enforcement; and
Motion #2: To adopt the appropriate consistency statement as required per NCGS - 160D-605.
Settling the Agenda
Other Matters
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=572&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.