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\_6-7ulq8FRYGyYVga\_ViCtA 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. 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.

Finance Department

2. December 2022 Bid Report

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

Departmental Items

General Services Department

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; and

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

Public Works Department

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.

Solid Waste Management Department

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 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 between Rubicon Global, LLC, provided that the total cost of the contract, including all amendments, does not exceed $639,811.

Water Management Department

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.

Presentations

City Council Office

7. [Hayti Reborn Justice Movement Presentation [30 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=568&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation from the Hayti Reborn - Justice Movement.

City Manager's Office

8. [Affordable Housing Deep Dive Presentation on Durham Housing Authority [30 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=568&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation from the Durham Housing Authority.

Public Hearings

City-County Planning Department

9. Consolidated Annexation Item – 1110 Old Oxford Road

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

Motion #1: To adopt an ordinance annexing '1110 Old Oxford Road' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with M.M. Fowler, Inc.;

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 (FJ-B) and establishing the same as Commercial General with a Development Plan (CG(D))/Falls/Jordan District-B (FJ-B); and

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

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;

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

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

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;

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

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

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

Motion #2: To adopt the appropriate consistency statement as required per NCGS - 160D-605.

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;

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

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

Settling the Agenda

Other Matters


Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=568&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.