Durham City Council Action Agenda

Present: Mayor Elaine O’Neal Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Javiera Caballero DeDreana Freeman Monique Holsey-Hyman Jillian Johnson Leonardo Williams Absent:None.

Consent Agenda

1. Approval of City Council Minutes

To approve the City Council minutes for the following meetings:

November 21, 2022 Regular Meeting, November 22, 2022 Work Session, December 5, 2022 Regular Meeting and December 8, 2022 Work Session.

Vote: 7/0

2. December 2022 Bid Report

To receive a report on the bids that were acted upon by the City Manager in December 2022.

Vote: 7/0

3. Lease with The First Baptist Church of Durham (North Carolina) Incorporated at the Cleveland Street Parking Lot #38 for City of Durham Employee Parking

To authorize the City Manager to execute a lease agreement with The First Baptist Church of Durham (North Carolina) Incorporated for an amount not to exceed $165,000, for 13 parcels to be used collectively as a parking lot for City employees.

To authorize the City Manager to execute one-year lease extensions with The First Baptist Church of Durham (North Carolina) Incorporated for Years 2, 3, and 4 in amounts not to exceed $169,950, $175,048, and $180,300 respectively.

To authorize the City Manager to execute subsequent documents permitted by or required by the Lease Agreement, including any amendments, or related documents.

Vote: 7/0

4. Contract ST-327C Pavement Management Services 2023

To authorize the City Manager to execute a professional services contract ST-327C Pavement Management Services 2023 with Summit Design and Engineering Services, PLLC in the amount not to exceed $648,140.

Vote: 7/0

5. First Amendment to the Contract between the City of Durham and Rubicon Global, LLC for In-Vehicle Technology for Solid Waste Collection Vehicles

To authorize the City Manager to execute the proposed First Amendment to the Contract Between the City of Durham and Rubicon Global, LLC for In-Vehicle Technology for Solid Waste Collection Vehicles for an amount not to exceed $580,182;

To establish a contingency fund in the amount of $59,629, which is approximately 10% of the not-to-exceed amount; and

To authorize the City Manager to negotiate and execute additional amendments to the contract with Rubicon Global, LLC, provided that the total cost of the contract, including all amendments, does not exceed $639,811.

Vote: 7/0

6. Award of a Construction Contract to Pipeline Contractors, Inc. for the Old Chapel Hill Road at New Hope Creek Water Line Replacement Project

To authorize the City Manager to execute a contract with Pipeline Contractors, Inc., in an amount not to exceed $1,129,313 for the Old Chapel Hill Road at New Hope Creek Water Line Replacement project;

To establish a contingency fund for the contract in the amount not to exceed $113,687; and

To authorize the City Manager to negotiate and execute change orders for the contract provided that the total contract cost does not exceed $1,243,000.

Vote: 7/0

The following items were disposed during the January 19, 2023 City Council Work Session: Agenda Item #7- Hayti Reborn Justice Movement Presentation \[A presentation was made at the January 19, 2023 City Council Work Session.\] Agenda Item #8- Affordable Housing Deep Dive Presentation on Durham Housing Authority \[A presentation was made at the January 19, 2023 City Council Work Session.\]

General Business Agenda - Public Hearings

10. Consolidated Annexation - Mockingbird Lane and Sherron Road

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing 'Mockingbird Lane and Sherron Road' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Hopper Communities, Inc; Ayes:Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman, Johnson and Williams.Noes: Mayor O’Neal and Council Member Freeman]

Vote: 5/2

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural (RR) and Residential Suburban - 20 (RS-20), Falls/Jordan District B (F/J-B), County Jurisdiction and establishing the same as Planned Development Residential - 5.908 (PDR 5.908), Falls/Jordan District B (F/J-B), City Jurisdiction; and Ayes:Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman, Johnson and Williams.Noes: Mayor O’Neal and Council Member Freeman.]

Vote: 5/2

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

Vote: 7/0

11. Consolidated Annexation - National Heritage Academies Oak Grove Charter

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing 'National Heritage Academies (NHA) Oak Charter School' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Charter Development Company, L.L.C; Ayes:Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Holsey-Hyman and Williams.Noes: Council Members Caballero, Freeman and Johnson.]

Vote: 4/3

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20 (RS-20), Commercial Neighborhood (CN), Rural Residential (RR), Falls/Jordan District B (F/J-B), Major Transportation Corridor I-85 (MTC I-85), County Jurisdiction, and establishing the same as Residential Suburban-20 (RS-20), Commercial Neighborhood (CN), Rural Residential (RR), Falls/Jordan District B (F/J-B), Major Transportation Corridor I-85 (MTC I-85), City Jurisdiction; and Ayes:Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Holsey-Hyman and Williams.Noes: Council Members Caballero, Freeman and Johnson.]

Vote: 4/3

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

Vote: 7/0

12. Unified Development Ordinance Text Amendment - Development Plan Revisions

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, Zoning Map Change; Section 5, Development Plan effective March 1, 2023; and Ayes:Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman, Johnson and Williams.Noes: Council Member Freeman.]

Vote: 6/1

Motion #2: To adopt the appropriate consistency statement as required per NCGS - 160D-605. Ayes:Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman, Johnson and Williams.Noes: Council Member Freeman.]

Vote: 6/1

13. Consolidated Annexation - Mica Ridge

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing 'Mica Ridge' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Lennar Carolinas, LLC; Ayes:Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.]

Vote: 4/3

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban - 20 (RS-20) and Commercial General (CG), Falls/Jordan District B (F/J-B), County Jurisdiction and establishing the same as Planned Development Residential - 4.680 (PDR - 4.680), Falls/Jordan District B (F/J-B), City Jurisdiction; and Ayes:Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.]

Vote: 4/3

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605. Ayes:Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Freeman, Johnson and Williams.Noes: Council Member Holsey-Hyman.]

Vote: 6/1

Other Matters


Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=569&doctype=1#mediaAndItemView "Read more details about this section") 11:38 p.m.