City Council · Regular Meeting · June 8, 2023

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\_VFXK4uWjS3maZbaa0UIEUg 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 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 term expiration of Christopher Toenes)

2. Durham Bicycle and Pedestrian Advisory Commission - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission representing Youth with the term to expire on August 31, 2024.

(Due to the resignation of James E. Barnes)

3. Recreation Advisory Commission - Appointment

To appoint a resident to fill one (1) vacancy on the Recreation Advisory Commission with the term expiring on August 8, 2026.

(Due to the term expiration of KarthikSundaramoorthy)

4. Housing Appeals Board - Mayoral Appointment

To appoint John R. Griffin to the Housing Appeals Board representing Mayor’s Appointee - At-Large Member with the term to expire on June 30, 2026.

(Due to the term expiration of Fredrick Davis)

5. Durham Planning Commission - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Planning Commission with the term to expire on June 30, 2026.

(Due to the term expiration of Carmen Williams)

6. Durham Cultural Advisory Board - Appointments

To appoint residents to fill two (2) vacancies on the Durham Cultural Advisory Board with the terms to expire on June 30, 2026.

(Due to the term expirations of Joseph F. Jordan and Angela Lee)

7. Approval of City Council Minutes

To approve the City Council minutes for the following meetings: April 17, 2023 Regular Meeting, April 20, 2023 Work Session, May 1, 2023 Regular Meeting, and May 4, 2023 Work Session.

8. Durham Convention Center Authority - Appointment

To reappoint Matthew Clobridge to the Durham Convention Center Authority with the term to expire on July 31, 2026.

(Due to the term expiration of Matthew Clobridge)

9. Durham Homeless Services Advisory Committee - Appointment

To reappoint Humphrey Truitt representing Corporate/Private Sector to the Durham Homeless Services Advisory Committee with the term to expire on June 30, 2026.

(Due to the term expiration of Humphrey Truitt)

10. Human Relations Commission - Appointments

To appoint residents to fill two (2) vacancies on the Human Relations Commission representing one (1) Caucasian/Non-Hispanic Person and one (1) Hispanic/Latino Person with the terms to expire June 30, 2026.

(Due to the term expirations of Javier Alvarez-Jaimes and Anne Sutkowi-Hemstreet)

11. Housing Appeals Board - Appointments

To appoint residents to fill two (2) vacancies to the Housing Appeals Board with one (1) representing an At-Large Alternate Member and with one (1) representing Regular Member - Homeownership. The terms will expire on June 30, 2026.

(Due to the term expirations of Darren K. Chester and Chanel Chambers)

12. Durham City-County Environmental Affairs Board - Appointments

To appoint residents to fill two (2) vacancies on the Durham City-County Environmental Affairs Board representing an At-Large Resident with the terms to expire on June 30, 2024.

(Due to the resignations of Aissa Dearing-Benton and Katie Barnhill-Dilling)

Departmental Items

Audit Services Department

13. External Auditor Contract Modification

To authorize the City Manager to execute the contract modification of $39,000 for the audit of the City's Fiscal Year 2023 Annual Certified Financial Report, increasing the total three-year amount to Cherry Bekaert not to exceed $281,500.

14. GoDurham Bus Safety Performance Audit May 2023

To receive the GoDurham Bus Safety Performance Audit approved at the May 22, 2023, Audit Services Oversight Committee meeting.

Budget and Management Services Department

15. Fiscal Year 2023-24 Budget and 2024-29 Capital Improvement Plan (CIP) Ordinance, Other Related Ordinances and FY 2024-26 Strategic Plan

To adopt the Fiscal Year 2023-24 Budget and 2024-29 Capital Improvement Plan (CIP) Ordinance and Other Related Ordinances.

Fiscal Year 2023-24 City of Durham Budget matters:

A. To adopt the City of Durham Budget Ordinance for Fiscal Year 2023-24;

B. To authorize the City Manager to amend the City of Durham’s Compensation Plan, adjusting the current Open Range Plan by 2%, the Step Plan by 2%, the Fire Plan by 2%, the Police Plan by 2% and the Part-time Plan by 2%;

C. To adopt the resolution establishing Financial Plans for Internal Service Funds for Fiscal Year 2023-24;

D. Capital Project Ordinances

1. To adopt the City of Durham General Capitial Improvements Project Ordinance Fiscal Year 2023-24;

2. To adopt the City of Durham Water and Wastewater Capital Improvement Project Ordinance Fiscal Year 2023-24;

3. To adopt the City of Durham Stormwater Capital Improvement Project Ordinance Fiscal Year 2023-24;

4. To adopt the City of Durham Solid Waste Capital Improvement Project Ordinance Fiscal Year 2023-24;

5. To adopt the City of Durham Parking Capital Improvement Project Ordinance Fiscal Year 2023-24;

6. To adopt the City of Durham Transit Fund Capital Improvement Project Ordinance Fiscal Year 2023-24;

7. To adopt the City of Durham Durham Performing Arts Center Capital Improvement Project Ordinance Fiscal Year 2023-24; and

8. To adopt the City of Durham Ball Park Capital Improvement Project Ordinance Fiscal Year 2023-24.

E. Fees

1. To adopt an ordinance revising Solid Waste Management Fees.

2. To adopt an ordinance revising City-County Planning Fees.

F. Grant Project Ordinance

1. To adopt the City of Durham and North Carolina Parks and Recreation Trust Fund C.R. Wood Park Accessibility for Parks Grant Budget Ordinance and;

2. To adopt the City of Durham and Durham County Coronavirus State Local Fiscal Recovery Fund My Durham + Grant Budget Ordinance and;

3. To adopt the Federal Highway Administration Funding from the NC Department of Transportation for the Purpose of Constructing Buffered Bike Lanes (BL-0028) Grant Project Ordinance and Authorize the Execution of the Grant Agreement and;

4. To adopt the Federal Highway Administration Funding from the NC Department of Transportation for the Purpose of Constructing Neighborhood Bike Lanes (BL-0031) Grant Project Ordinance and Authorize the Execution of the Grant Agreement and;

5. To adopt the Federal Highway Administration Funding from the NC Department of Transportation for the Purpose of Constructing Horton Road Multi-Use Path and Sidewalk (BL-0063) Grant Project Ordinance and Authorize the Execution of the Grant Agreement and;

6. To adopt FY 2023-24 5307 Capital Grant Project Ordinance and Authorization to Execute Grant Agreement and;

7. To adopt FY 2023-24 FTA 5339 Bus and Bus Infrastructure Grant Project Ordinance and Authorization to Execute Grant Agreement and;

8. To adopt FY 2023-24 Appropriations Omnibus Bill for Battery Electric Buses Grant Project Ordinance and Authorization to Execute Grant Agreement and;

9. To adopt FY 2023-24 Triangle J. Council of Governments Transportation Demand Management Grant Project Ordinance and Authorization to Execute Grant Agreement and;

10. To adopt the FY2023-24 Appropriations Omnibus Bill for R Kelly Bryant Bridge Trail Grant Project Ordinance and Authorization to Execute Grant Agreement and;

11. To adopt the FY2023-24 U.S. Department of Transportation Safe Streets for All Grant Project Ordinance and Authorization to Execute Grant Agreement and;

12. To adopt the 2023-24 City of Durham and State Apprentice Program Grant Project Ordinance and Authorization to Execute Grant Agreement and;

13. To adopt the Executive Office of the President, Office of National Drug Control Police, 2023 High Intensity Drug Trafficking Areas (HIDTA) Grant Project Ordinance and;

14. To adopt the 2024 Police Athletics Leagues (PAL) Mentoring Initiative Grant Project Ordinance and;

15. To adopt the 2023 Federal Task Team Initiatives Grant Project Ordinance and;

16. To adopt The State of North Carolina, Department of Justice, Department of Revenue, FY 2023/2024 Controlled Substance Abuse Funds Grant Project Ordinance and;

17. To adopt The U.S. Department of Justice, U.S. Marshall's Office, FY 2023/2024 Federal Asset Forfeiture Funds Grant Project Ordinance and;

18. To adopt the United States Marshall's Service, 2024 Fugitive Apprehension Task Force Agreement Project Ordinance and;

19. To adopt the 2024 Duke Doing Good Grant Project Ordinance and;

20. To adopt The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, 2023 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG) Project Ordinance and;

21. To adopt the FY2023-24 City of Durham and North Carolina Department of Environmental Quality Food Waste Reduction Grant Project Ordinance and Authorization to Execute Grant Agreement and;

22. To adopt the U.S. Department of Labor Grant Project Ordinance for Federal Grant to Execute City of Durham - Workforce Innovation and Opportunity Act (WIOA) First Step Initiative (PROWD) Grant Project Ordinance Superseding Grant Project Ordinance #16113 and;

23. To adopt the revised American Rescue Plan Act (ARPA) of 2021 Grant Project Ordinance Superseding Grant Projecting Ordinance #15867.

G. To adopt the FY 2024-26 Strategic Plan.

City Attorney's Office

16. [Presentation and Ordinance to Establish Standards for Trespass from City Property [10 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=586&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the proposed ordinance establishing standards for trespass from City property; and

To adopt an ordinance amending Chapter 46 of the City Code to establish standards for trespass from City property.

City Council's Office

17. Discussion of Council Procedural Issues of Censure and Recusal

To discuss procedural issues of censure and recusal of Councilmembers.

City Manager's Office

18. American Rescue Plan Act (ARPA) Project – For Youth, By Youth (FYBY)

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Audacity Labs in an amount not to exceed $1,000,000.

19. Carver Creek Supportive Housing Acquisition Interlocal Cooperation Agreement

To resolve that the City Manager be authorized to execute an Interlocal Cooperation Agreement (ILCA) with Durham County to provide the City of Durham with a matching grant of $3,025,000 for the acquisition of the Carver Street Apartments; and

To adopt a budget ordinance amending the City of Durham Budget Ordinance as amended, Fiscal Year 2022-23, the same being Ordinance #16150.

20. American Rescue Plan Act (ARPA) – Agreement with Durham County to Support Joint Affordable Housing Projects

To resolve that the City Manager be authorized to accept $10 million in American Rescue Plan Act (ARPA) Funds to execute the Interlocal Agreement with Durham County to support joint affordable housing projects.

City-County Planning Department

21. Contract with Code Studio for the Comprehensive Rewrite of the Unified Development Ordinance

To authorize the City Manager to execute a contract with Code Studio in an amount of $418,075, with an additional amount of $50,000 of pass-through funds for community engagement stipends for a total contract amount not to exceed $468,075.

Community Development Department

22. American Rescue Plan Act (ARPA) Funds - LDG Multifamily Development, LLC - Loan Commitment Letter for Sankofa Landing

To authorize the City Manager to issue a conditional binding commitment of permanent financing in an amount up to $9,714,137 from American Rescue Plan Act funding under the State and Local Fiscal Recovery Funds to LDG Multifamily Development, LLC, as the managing member and lead developer, or its designated affiliate approved by the City, for the development of 156 affordable rental units at Sankofa Landing;

To authorize the City Manager to execute all necessary documents and instruments required to fulfill the purpose and intent of this conditional binding commitment of permanent financing; and

To authorize the City Manager to make necessary and appropriate changes to the conditional binding commitment of permanent financing, provided that such changes do not increase the financial obligations of the City and, taken as a whole, remain favorable to the City's interests.

23. Contract with Central Piedmont Community Action for the Provision of Tenant Based Rental Assistance Services

To authorize the expenditure of $453,000 of FY2022 Housing Opportunities for Persons with AIDS (HOPWA) funds;

To authorize the City Manager to execute a contract in the amount of $453,000 with Central Piedmont Community Action for the provision of Tenant Based Rental Assistance services July 1, 2023- June 30, 2024;

To authorize the City Manager to amend the contract, if necessary, by encumbering any unspent HOPWA funds from contract number 18803 with the Durham Housing Authority as long as the total contract value does not exceed $453,000; and

To authorize the City Manager to reduce the amount of FY2022 HOPWA funds in this contract, if necessary, by the same amount of money that was unspent in the DHA contract number 18803 to ensure the contract value is equal to $453,000.

24. The Housing Authority of the City of Durham- Relocation Grant for the Durham Housing Authority (DHA) Downtown Neighborhood Plan (DDNP)

To authorize the City Manager to execute a two-year contract with the Housing Authority of the City of Durham in an amount not to exceed $700,000 utilizing Dedicated Housing Funds to provide counseling and relocation services.

25. American Rescue Plan Act (ARPA) Funds - Mosaic Development Group, Inc., Loan Commitment – 902 Briggs Avenue Project

To authorize the City Manager to issue a conditional binding commitment of permanent financing in an amount up to $5,987,880 from American Rescue Plan Act funding under the State and Local Fiscal Recovery Funds to Mosaic Development Group, Inc., as the managing member and lead developer, or its designated affiliate approved by the City, for the development of 124 affordable rental units at 902 S. Briggs Avenue for the Briggs Ave project;

To authorize the City Manager to execute all necessary documents and instruments required to fulfill the purpose and intent of this conditional binding commitment of permanent financing; and

To authorize the City Manager to make necessary and appropriate changes to the conditional binding commitment of permanent financing, provided that such changes do not increase the financial obligations of the City and, taken as a whole, remain favorable to the City's interests.

26. Contract with Corporate F.A.C.T.S., Inc. for Technical Assistance on an Affordable Housing Project

To authorize the City Manager to execute a contract with Corporate F.A.C.T.S., Inc. in an amount not to exceed $122,496 to provide technical assistance on an affordable housing project;

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.

Community Safety Department

27. Amendment to Extend Term of Agreement with Durham County EMS for EMTs on HEART Teams

To resolve the City Manager to amend the Durham City-County Interlocal Agreement for EMTs on Community Safety Department’s Crisis Response Teams to extend term an additional six months.

General Services Department

28. Agreement with Strategic Energy Innovations for Climate Corps Fellowship

To authorize the City Manager to execute the Climate Corps Agreement with Strategic Energy Innovations, a California Non-profit Corporation, for a Climate Corps Fellow to provide utility data analysis and management to guide data-driven energy efficiency improvements in City operations in an amount not to exceed $64,025.

29. Former Wheels Skating Center Up-Fit Design Contract Amendment with DTW Architects & Planners, Ltd.

To establish an increase in the contingency fund for the Owner-Architect agreement with DTW Architects & Planners, Ltd. by the amount of $21,200, for a total, revised contingency of $50,500; and

To authorize the City Manager to execute amendments to the Owner-Architect agreement provided the total cost of the contract does not exceed $343,500.

30. Interlocal Agreement with Durham Convention & Visitor’s Bureau (d/b/a Discover Durham) to add the Durham Convention Center Study to the Destination Master Plan

To resolve that the City Manager be authorized to execute an Interlocal Agreement with Durham Convention & Visitors Bureau to add the Durham Convention Center Study to the Destination Master Plan in the amount of $88,000.

31. Second 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 second 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 27-month term; and

To authorize the City Manager to execute subsequent documents permitted by or required by either the lease or lease-related documents.

Office of Economic and Workforce Development

32. Contract for Durham Workforce Development Board (DWDB), Workforce Innovation and Opportunity Act (WIOA) Youth Program Eckerd Youth Alternatives, Inc.

To authorize the City Manager to execute a contract in the amount of $200,000 with Eckerd Youth Alternatives, Inc. to fully implement the WIOA Youth Program for the DWDB; and

To adopt the City of Durham Employment Training PY 2023-2025 Grant Project Ordinance in the amount of $1,292,325.

33. Fiscal Year 2023-24 Agreement to Fund Economic Development Programs and Services Operated by Downtown Durham, Inc. Using City of Durham Funds

To authorize the City Manager to execute the Fiscal Year 2023-24 contract with Downtown Durham, Inc. to operate economic development programs and services in an amount not to exceed $170,048.

34. Contract Amendment No. #2 for FY2023-24 City Services and Programs for the Downtown Durham Municipal Service District with Downtown Durham, Inc.

To authorize the City Manager to execute a contract amendment with Downtown Durham, Inc. (DDI) to provide services and programs within the Downtown Durham Municipal Service District in the amount of $1,500,000 for total contract amount not to exceed $4,378,500 for 2023-24 subject to City Council budget authorization.

Police Department

35. Contract with Axon Enterprise, Inc. for Replacement Tasers

To authorize the City Manager to execute a 5-year contract in the amount of $717,600 with Axon Enterprises, Inc. for the Taser Energy Weapon purchase agreement.

Transportation Department

36. Supplemental Agreement for On-Call Professional Services for Durham Freeway Study

To authorize the City Manager to execute Supplemental Agreement #2 with WSP USA Inc. for the Durham Freeway Study in the amount of $431,845.

Water Management Department

37. Award of Bid-Term Purchase Contract for Bulk Sodium Hypochlorite to Oltrin Solutions, LLC

To recognize that it is in the best interest of the City that the bidding requirements for the purchase of sodium hypochlorite from Oltrin Solutions LLC be waived for a contract negotiated on the same or more favorable terms as those of the competitively bid contract executed by the City of Raleigh on February 24, 2023 pursuant to N.C. Gen. Stat.143-129(g);

To authorize the City Manager to authorize a purchase contract with Oltrin Solutions LLC for the purchase of sodium hypochlorite in the amount of $913,536 per year, with the option to renew for four optional years at a 5% increase per year, for a total not to exceed an amount of $5,047,863; and

To authorize the City Manager or a designee to execute and issue purchase orders pursuant to the purchase contract.

38. Resolution to Accept the Offer of American Rescue Plan Funding for the Western Intake Partnership Projects

To adopt the resolution to accept the offer of American Rescue Plan Act funding from the North Carolina Department of Environmental Quality for the Western Intake Partnership projects.

Presentations

City Council's Office

39. [Durham Sports Commission Multi-Sport Complex Presentation [45 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=586&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation by Discover Durham and the Durham Sports Commission with an update on planning for the multi-sport complex in Durham.

Public Hearings

City-County Planning Department

40. Zoning Map Change - R.P. Residential Studio Apartments

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 Office and Institutional with a development plan (OI(D)) and establishing the same as Residential Suburban - Multifamily with a development plan (RS-M(D)); and

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

Supplemental Items

City Council's Office

41. Resolution to Honor the Late Conen T. Morgan – Lifelong STEM Advocate

To adopt the Resolution honoring the late Conen T. Morgan - Lifelong STEM Advocate.

Office of Economic and Workforce Development

42. Partners for Reentry Opportunities in Workforce Development (PROWD) Grant Contract Agreement – Eckerd Youth Alternatives, Inc.

To ratify the services provided by Eckerd Youth Alternatives, Inc. as a Sub-Recipient beginning May 1, 2023; and

To authorize the City Manager to execute a sub recipient agreement with Eckerd Youth Alternatives, Inc. to fully implement the Partners for Reentry Opportunities in Workforce Development Program on behalf of the Durham Workforce Development Board in an amount not to exceed $1,020,690.

43. Contract Amendment #3 for FY2023-24 Training to Work Re-Entry with Eckerd Youth Alternatives, Inc.

To authorize the City Manager to execute a contract amendment with Eckerd Youth Alternatives, Inc. to fully implement the Durham Training to Work Program in the amount of $100,000 for total contract amount not to exceed $1,640,000 for FY 2023-24.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=586&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.