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\_UKeoiT87RxikPltdZiMEow 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: 10/16/23 Regular; 10/16/23 Closed Session - City Attorney; 10/16/23 Closed Session - City Manager; 10/19/23 Work Session; 11/6/23 Regular meeting; 11/9/23 Work Session; 11/20/23 Regular meeting; 11/21/23 Work Session; 12/04/23 Organizational meeting; and 12/04/23 Regular meeting.

2. Durham City-County Environmental Affairs Board - Appointment

To appoint a resident to fill one (1) vacancy on the Durham City-County Environmental Affairs Board representing Youth with the term to expire on September 6, 2024.

(Due to the resignation of Miran Bhima)

Departmental Items

City Council

3. Resolution in Support of Black Teens in Crisis

To adopt the Resolution in support of Black Teens in Crisis.

Community Development Department

4. Contract with Open Table Ministry, Inc. Temporary Weather Related Emergency Shelter and Supportive Services

To authorize the City Manager to execute a contract in the amount of $380,000 with Open Table Ministry, Inc. to provide temporary weather related emergency shelter and supportive services to households experiencing homelessness.

Fleet Management Department

5. Cooperative Group Purchase Contract – Rear-Mount Ladder Fire Trucks

To authorize the City Manager to execute a contract with Fire Connections, Inc. of Rocky Mount, North Carolina for the purchase of two (2) rear-mount ladder fire trucks for a total amount of $2,784,402.

Public Works Department

6. Contract Amendment No. 12 for ST-264C Professional Services Related to Fayetteville Road Improvements

To authorize the City Manager to execute Contract Amendment No. 12 for ST-264C for Professional Services Related to Fayetteville Road Improvements with Kimley-Horn and Associates, Inc. in the amount of $300,000; and

To authorize the City Manager to negotiate and execute modifications to ST-264C Professional Services for Fayetteville Road Improvements provided that the total cost of the contract together with all modifications does not exceed $2,898,000.

7. Contract Amendment No. 1 to ST-327C Pavement Management Services

To authorize the City Manager to execute Contract Amendment No. 1 to ST-327C Pavement Management Services 2023 with Summit Design and Engineering Services, PLLC in the amount of $132,400 for a total revised contract amount not to exceed $780,540.

8. Contract ST-329 Street Repairs & Repaving 2024

To authorize the City Manager to execute a contract for ST-329 Street Repairs & Repaving 2024 with FSC II, LLC dba Fred Smith Company in the amount of $7,622,230.93;

To establish a contingency fund in the amount of $381,111.55; and

To authorize the City Manager to negotiate and execute modifications to the contract provided that the total contract cost does not exceed $8,003,342.48.

9. Contract ST-329C Pavement Management Services

To authorize the City Manager to execute professional services contract ST-329C Pavement Management Services 2024 with Summit Design and Engineering Services, PLLC in the amount not to exceed $1,250,000.

10. Contract ST-330 Pavement Preservation 2024

To authorize the City Manager to execute a contract for ST-330 Pavement Preservation 2024 with Slurry Pavers, Inc. in the amount of $4,133,811.09;

To establish a contingency fund in the amount of $103,345.28; and

To authorize the City Manager to negotiate and execute modifications to ST-330 Pavement Preservation 2024, provided that the total cost of the contract together with all modifications does not exceed $4,237,156.37.

11. Contract ST-331 Unpaved Roads Improvements 2024

To authorize the City Manager to execute a contract for ST-331 Unpaved Roads Improvements 2024 with Carolina Sunrock LLC in the amount of $1,711,306;

To establish a contingency fund in the amount of $85,565.30; and

To authorize the City Manager to negotiate and execute modifications to ST-331 Unpaved Roads Improvements 2024, provided that the total cost of the contract together with all modifications does not exceed $1,796,871.30.

12. Contract SW-94 Sidewalk Repairs 2024

To authorize the City Manager to execute a construction contract for SW-94 Sidewalk Repairs 2024 with Browe Construction Company in the amount of $5,986,791;

To establish a contingency fund in the amount of $100,000; and

To authorize the City Manager to negotiate and execute modifications to SW-94 Sidewalk Repairs 2024, provided that the total cost of the contract together with all modifications does not exceed $6,086,791.

13. Contract SW-94C Inspection & Ombudsman Services

To authorize the City Manager to execute a professional services contract for SW-94C Inspection & Ombudsman Services with Qunity, P.A., in the amount not to exceed $3,000,000.

Transportation Department

14. North Carolina Department of Transportation Schedule C and Schedule D Municipal Agreements for the Maintenance and Operations of the Durham Traffic Signal System

To authorize the City Manager to execute municipal operations agreements with the NCDOT for: a) Traffic Control Devices Traffic Signals Schedule C; and b) Computer, Communications, Equipment, and Systems Operations for Computerized Traffic Signal System Schedule D; and,

To authorize the City Manager to negotiate and execute extensions to the operations agreements, made in one (1) year increments, to include additional compensation or higher reimbursement with the final year of service ending June 30, 2028.

15. Construction of a Traffic Signal at S. Miami Boulevard, Juniper Street, and N. Guthrie Avenue

To authorize the City Manager to execute a contract for the installation of a new traffic signal at S. Miami Boulevard, Juniper Street, and N. Guthrie Avenue with LMJ Pavement Marking, LLC in an amount not to exceed $300,000;

To establish a project contingency fund in the amount of $45,000; and,

To authorize the City Manager to negotiate and execute modifications to the contract provided that the total contract amount, including existing contingency funds, does not exceed $345,000.

16. First Amendment to Supplemental Agreement #1 to the Master Agreement for Transportation Engineering On-Call Services Between the City and STV Engineers, Inc. (CT-19030)

To authorize the City Manager to execute the First Amendment to Supplemental Agreement #1 to the Master Agreement for Transportation Engineering On-Call Services between the City and STV Engineers in the amount of $166,700 for a revised, total contract amount not to exceed $457,493.39.

17. FY2023-2024 Transit CIP Ordinance Amendment

To adopt an Ordinance amending the Transit Capital Improvements Project Ordinance, the same being Ordinance #16168, for the purpose of adding two new projects to the CIP list and adding additional funding to four projects that are currently funded by the Durham County Transit Plan.

18. Supplemental Agreement #2 for On-Call Professional Services for the Fayetteville and Holloway Transit Emphasis Corridors

To authorize the City Manager to execute Supplemental Agreement #2 with Kittelson & Associates, Inc. for the Fayetteville and Holloway Transit Emphasis Corridors, Access to Transit, and associated projects in the amount of $6,098,744;

To establish a project contingency fund in the amount of $304,256; 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 $6,403,000.

Presentations

Finance Department

19. [Equal Business Opportunity Program (EBOP) Update[30 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=622&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the Equal Business Opportunity Program.

Public Hearings

City-County Planning Department

20. Text Amendment – Teer Quarry (TC2300003)

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 4, Zoning Districts, Article 8, Environment Protections, Article 12, Infrastructure; and

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

21. Zoning Map Change – Teer Quarry Watershed Overlay

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

Motion 1: To adopt an ordinance taking property out of the Eno River District A and Eno River District B Watershed Protection Overlays, and establishing the same as the Eno River District A2 Watershed Protection Overlay; and

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

22. Zoning Map Change – Cortez Drive Townhouses

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 by taking property out of the Residential Suburban-20, Falls/Jordan Lake District-B and establishing the same as Planned Development Residential 6.003, Falls/Jordan Lake District-B; and

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

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

23. Yotam Cahana

To receive comments from Yotam Cahana.

Settling the Agenda

Other Matters


Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=622&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.