Durham City Council · Regular Meeting · February 6, 2025

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\_-0mldA\_KRKOAaDvcbII9AQ 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. RECREATION ADVISORY COMMISSION - MAYORAL APPOINTMENT

To appoint Michael Johnston to the Recreation Advisory Commission representing Mayor's Appointee with the term to expire on August 8, 2025.

(Due to the resignation of Kenneth E. Barnes)

2. DURHAM HOMELESS SERVICES ADVISORY COMMITTEE - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Durham Homeless Services Advisory Committee representing Non-Profit Organization with the term to expire on June 30, 2026.

(Due to the resignation of Nicholas T. Pariante)

3. DURHAM PERFORMING ARTS CENTER OVERSIGHT COMMITTEE - APPOINTMENTS

To appoint residents to fill two (2) vacancies on the Durham Performing Arts Center Oversight Committee with one (1) representing Business and with one (1) representing Business Community (Finance) with the terms to expire on March 1, 2028.

(Due to the term expiration of Alice L. Sharpe and Craig Spitzer)

Departmental Items

Budget and Management Services Department

4. 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-County Planning Department

5. 2024 DURHAM PLANNING COMMISSION ANNUAL REPORT

To receive the 2024 Durham Planning Commission Annual Report.

6. 2024 DURHAM HISTORIC PRESERVATION COMMISSION ANNUAL REPORT

To receive the 2024 Durham Historic Preservation Commission Annual Report.

7. 2024 DURHAM OPEN SPACE AND TRAILS COMMISSION ANNUAL REPORT

To receive the 2024 Durham Open Space and Trails Commission Annual Report.

8. 2024 DURHAM CITY COUNTY APPEARANCE COMMISSION ANNUAL REPORT

To receive the 2024 Durham City County Appearance Commission Annual Report.

9. 2024 DURHAM BOARD OF ADJUSTMENT ANNUAL REPORT

To receive the 2024 Durham Board of Adjustment Annual Report.

Community Development Department

10. 2024 CITIZENS ADVISORY COMMITTEE ANNUAL REPORT

To receive the 2024 Annual Report from the Citizens Advisory Committee.

11. HOMELESS SERVICES ADVISORY COMMITTEE ANNUAL REPORT

To receive the Annual Report from the Homeless Services Advisory Committee.

12. AMENDMENT NO. 1 FOR CONTRACT #18421 WITH UNITED MINORITY CONTRACTORS OF NORTH CAROLINA, INC. FOR MWBE, WORKFORCE, SECTION 3 AND DAVIS BACON CONSULTING SERVICES

To authorize the City Manager to amend contract #18421 with United Minority Contractors of North Carolina, Inc.for MWBE, Workforce, Section 3 and Davis Bacon consulting services, extending the term by 24 months and increasing the budget by $324,000, funded with Dedicated Housing Funds, bringing the total contract value from $533,980 to $857,980;

To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate to carry out the purpose and intent of this contract; and

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.

General Services Department

13. DURHAM CONVENTION CENTER AUTHORITY BOARD 2024 ANNUAL REPORT

To receive the Durham Convention Center Authority Board 2024 Annual Report.

14. DURHAM CULTURAL ADVISORY BOARD 2024 ANNUAL REPORT

To receive the Durham Cultural Advisory Board 2024 Annual Report.

15. DURHAM ENVIRONMENTAL AFFAIRS BOARD 2024 ANNUAL REPORT

To receive the Durham Environmental Affairs Board 2024 Annual Report.

16. THIRD AMENDMENT TO LEASE WITH DUKE UNIVERSITY AND DUKE UNIVERSITY HEALTH SYSTEM, INC. FOR THE EMERGENCY COMMUNICATIONS 911 BACKUP CENTER

To authorize the City Manager to execute the Third Amendment to extend the Lease with Duke University and Duke University Health System, Inc. for the Emergency Communications 911 Backup Center use for an additional one-year (1) term with an option to extend the term by another one-year (1); and

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

17. SOLID WASTE MANAGEMENT TRANSFER STATION BUILDING #1 RENOVATION PROJECT DESIGN CONTRACT WITH DTW ARCHITECTS & PLANNERS, LTD.

To authorize the City Manager to execute an Architectural Services Agreement for the Solid Waste Management Transfer Station Building #1 Renovation Project with Dtw Architects & Planners, Ltd. in an amount not to exceed $103,500;

To establish a contingency fund in the amount of $10,350; and

To authorize the City Manager to negotiate and execute modifications to the Architectural Services Agreement for the Solid Waste Management Transfer Station Building #1 Renovation Project, provided that the total contract amount including existing contingency funds does not exceed $113,850.

18. FIRST AMENDMENT TO SERVICE AGREEMENT FOR PROJECT MANAGEMENT CONSULTING SERVICES WITH TURNER & TOWNSEND HEERY, LLC

To authorize the City Manager to execute the First Amendment to the Contract for Project Management Consulting Services with Turner & Townsend Heery, LLC in the amount of $3,015,225 for a revised, total contract amount not to exceed $4,715,225.

19. RATIFICATION OF FIVE FY25 FESTIVALS AND EVENTS CONTRACTS

To ratify the contract for OUTSOUTH Queer Film Festival with The Carolina Theatre of Durham, Inc. in an amount not to exceed $13,708.40 beginning on August 8, 2024; and

To authorize the City Manager's execution of the contract as of August 8, 2024.

To ratify the contract for Pauli Murray Center for History and Social Justice Grand Opening with Pauli Murray Center for History and Social Justice in an amount not to exceed $14,680.40 beginning on September 7; and

To authorize the City Manager's execution of the contract as of September 7, 2024.

To ratify the contract for Centerfest with Durham Arts Council, Inc. in an amount not to exceed $17,110.47 beginning on September 21, 2024; and

To authorize the City Manager's execution of the contract as of September 21, 2024.

To ratify the contract for the 13th Annual Durham School of Arts Fall Art Festival: Dia de los Muertos with Durham Public Schools Foundation in an amount not to exceed $11,764.40 beginning on October 25, 2024; and

To authorize the City Manager's execution of the contract as of October 25, 2024.

To ratify the contract for Iron Pour with Liberty Arts, Inc. in an amount not to exceed $9,500 beginning on November 16, 2024; and

To authorize the City Manager's execution of the contract as of November 16, 2024.

20. SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH ADW ARCHITECTS, P.A.FOR THE DURHAM CITY FIRE AND DURHAM COUNTY EMS STATION 19 PROJECT

To authorize the City Manager to execute the Second Amendment to AIA Document B101 - 2017 Standard Form of Agreement Between Owner and Architect for Durham City Fire and Durham County EMS Station 19 with ADW Architects, P.A. in the amount of $2,385,000, for a revised, total contract amount not to exceed $2,528,300;

To amend the existing contingency fund of $10,480 by an increase of $242,350 for a revised, total contingency fund of $252,830; and

To authorize the City Manager to negotiate and execute amendments to AIA Document B101 - 2017 Standard Form of Agreement Between Owner and Architect for Durham City Fire and Durham County EMS Station 19, provided that the total contract amount including existing contingency funds does not exceed $2,781,130.

Office of Economic and Workforce Development

21. SECOND AMENDMENT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT ADULT & DISLOCATED WORKER PROGRAM DELIVERY CONTRACT WITH ECKERD YOUTH ALTERNATIVES, INC. DBA ECKERD CONNECTS CONTRACT #19714

To ratify and authorize the City Manager to execute the Second Contract Amendment with Eckerd Youth Alternatives, Inc. DBA Eckerd Connects to implement the WIOA Adult Worker and Dislocated Worker Programs for the period of January 1, 2025, through June 30, 2025 in the amount of $200,000 for a total, not to exceed contract amount of $977,442.

Parks and Recreation Department

22. BIMBÉ FESTIVAL HEADLINING BOOKING AGENT CONTRACT

To authorize the City Manager to execute Bimbé Festival Headlining Booking Agent Contract with HBCU Direct Touring, LLC in an amount not to exceed $56,000.00.

23. 2024 RECREATION ADVISORY COMMISSION ANNUAL REPORT

To Receive the 2024 Recreation Advisory Commission's Annual Report.

Public Works Department

24. SALE AND STORAGE AGREEMENT FOR SODIUM CHLORIDE (SALT)

To authorize the City Manager to execute a Sale and Storage Agreement with Durham County to allow the County to purchase sodium chloride (salt) from the City during winter weather events for use around various County owned facilities from fiscal year 2024-25 through fiscal year 2027-28.

25. CONTRACT AMENDMENT NO. 1 FOR STORMWATER INFRASTRUCTURE REPAIRS (SD-2022-02)

To authorize the City Manager to execute an amendment to Contract SD-2022-02, Stormwater Infrastructure Repairs, with Roadworks Construction Company, LLC in the amount of $500,076.18 for a total revised contract amount of $2,853,128.03.

To authorize the City Manager to negotiate change orders for Contract SD-2022-02 provided that the total contract, including the remaining contract contingency of $352,956 does not exceed $3,206,084.03.

26. UTILITY RELOCATION AGREEMENT (URA) FOR STORMWATER DRAINAGE SYSTEM REPAIR AND SANITARY SEWER MAIN RELOCATION PROJECT WITH LRC-GB, LLC AND LRC CORDOBA, LLC.

To authorize the City Manager to execute a Utility Relocation Agreement with LRC-GB, LLC and LRC CORDOBA, LLC.

Technology Solutions Department

27. FIRST AMENDMENT TO SERVICE CONTRACT WITH EPLUS TECHNOLOGY, INC

To authorize the City Manager to execute the First Amendment to the Service Contract with ePlus Technology, inc. in the amount of $217,212 for a revised, total contract amount not to exceed $997,203.

28. CONTRACT WITH EPLUS, INC., FOR IMPLEMENTATION OF THE METROPOLITAN AREA NETWORK

To authorize the City Manager to execute a contract with ePlus Technology, inc. for the implementation of the City of Durham Metropolitan Area Network in an amount not-to-exceed $120,315.00.

Transportation Department

29. 2024 BICYCLE AND PEDESTRIAN ADVISORY COMMISSION ANNUAL REPORT

To receive the Bicycle and Pedestrian Advisory Commission (BPAC) 2024 Annual Report.

30. MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR N. ROXBORO STREET AT HORTON ROAD AND DENFIELD STREET PROJECT (TIP # W-5705AI)

To authorize the City Manager to execute the Municipal Agreement with the North Carolina Department of Transportation for the North Roxboro Street at Horton Road and Denfield Street Intersection Improvement Project (TIP # W-5705AI) in the amount of $12,346.07.

31. PURCHASE OF SEVEN REPLACEMENT LIGHT TRANSIT VEHICLES FOR GODURHAM ACCESS

To authorize the City Manager to execute a purchase contract with Palmetto Bus Sales, LLC. for seven (7) Light Transit Vehicles in the amount of $119,388.12 per vehicle for a total amount not to exceed of $835,716.84.

Water Management Department

32. PURCHASE ORDER WITH PREMIER WATER, LLC FOR AERATION BASIN PUMPS AT THE NORTH DURHAM WATER RECLAMATION FACILITY

To authorize the City Manager or their designee to conduct sole source procurement of aeration basin recycle and mixing pumps from Premier Water, LLC for standardization and compatibility at the North Durham Water Reclamation Facility in accordance with N.C. Gen. Stat. 143-129(e)(6).

To authorize the City Manager to enter into a purchase order with Premier Water, LLC for the procurement of aeration basin recycle and mixing pumps in the amount of $823,300 with an expected increase of no more than 10% of the original proposal.

To establish a contingency fund in the amount of $82,330, and

To authorize the City Manager to negotiate amendments to the contract provided the total contract cost does not exceed $905,630.

Public Hearings

City-County Planning Department

33. CONSOLIDATED ANNEXATION – POLANCO RESIDENCE

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

Motion 1: To adopt an ordinance annexing 'Polanco Residence' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Rodrigo Polanco and Yenis Carolina Morales; and

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, Falls/Jordan District B, county jurisdiction and establishing the same as Residential Suburban-20, Falls/Jordan District B, city jurisdiction; and

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

34. ZONING MAP CHANGE – HOOVER ROAD ASSEMBLAGE

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

Motion 1:To authorize the City Manager to enter into a utility extension agreement with Hoover-Damn Investment, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Urban-5, Residential Urban-5(2), Commercial Neighborhood, and Falls/Jordan Watershed Protection Overlay Protected Area (partial) and establishing the same as Planned Development Residential 17.325 and Falls/Jordan Watershed Protection Overlay Protected Area (partial); and

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

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

Supplemental Items

Community Development Department

35. OVERVIEW OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)

To receive a presentation about Housing Opportunities for Persons with AIDS (HOPWA).

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=681&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.