Durham City Council Action Agenda

PRESENT: Mayor Leonardo Williams Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Nate Baker Javiera Caballero Chelsea Cook DeDreana Freeman Carl Rist ABSENT: None.

Consent Agenda

1. MAYOR'S HISPANIC/LATINO COMMITTEE - APPOINTMENT

To appoint Heydi N. Andino to the Mayor's Hispanic/Latino Committee with the term to expire on October 1, 2025.

(Due to the resignation of Denise Kassab)

Vote: 7/0

2. DURHAM WORKER'S RIGHTS COMMISSION - APPOINTMENT

To appoint Gary L. Wood to the Durham Workers' Rights Commission representing the category of Low Wage Industry with the term to expire on April 30, 2025.

(Due to the term expiration of Eric J. Winston)

Vote: 7/0

3. APPROVAL OF CITY COUNCIL MINUTES

To approve the City Council minutes for the following meetings: 1/16/24 Regular Meeting and 1/18/24 Work Session

Vote: 7/0

4. BOARDS, COMMITTEES, COMMISSIONS AND TASKFORCE CALENDAR YEAR 2023 ANNUAL ATTENDANCE REPORTS

To receive the attendance reports for boards, committees, commissions and taskforces for the period January 1, 2023 through December 31, 2023; and

To authorize the City Clerk to begin the removal process for the members of City of Durham boards, committees, commissions and taskforces who have failed to meet attendance requirements.

Vote: 7/0

5. APPROVAL OF A MULTIFAMILY HOUSING FACILITY TO BE KNOWN AS TRAILS AT TWIN LAKES APARTMENT HOMES IN THE CITY OF DURHAM AND THE FINANCING THEREOF WITH MULTIFAMILY HOUSING REVENUE BONDS NOT TO EXCEED $5,100,000

To adopt a resolution providing approval of a multifamily housing facility known as Trails at Twin Lakes Apartments Homes in the City of Durham, North Carolina; and

To approve the financing thereof with multifamily housing revenue bonds in an aggregate amount not to exceed $5,100,000.

Vote: 7/0

6. ESTABLISHMENT OF A 911 ALTERNATE CALL ROUTING INTERLOCAL AGREEMENT WITH THE CITY OF FAYETTEVILLE

To resolve that the City Manager is authorized to execute the interlocal agreement between Durham Emergency Communications and City of Fayetteville Emergency Communications to establish an alternate routing of 911 calls.

Vote: 7/0

7. SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH PERKINS & WILL, INC. FOR THE DURHAM STATION TRANSIT CENTER IMPROVEMENTS PROJECT

To authorize the City Manager to execute Amendment No. 2 to the Perkins & Will, Inc. Professional Services Contract for the Durham Station Transit Center Improvements Project in the amount of $556,000, for a revised, total contract amount not to exceed $2,096,800; and

To authorize the City Manager to negotiate and execute modifications to the Perkins & Will, Inc. Professional Services Contract for the Durham Station Transit Center Improvements Project, provided that the total contract amount including the existing contingency funds of $81,000 does not exceed $2,177,800.

Vote: 7/0

8. FIRE & EMERGENCY MEDICAL SERVICES STATION 19 ARCHITECTURAL SERVICES AGREEMENT WITH ADW ARCHITECTS, P.A.

To authorize the City Manager to negotiate and execute an Architectural Services Agreement with ADW Architects, P.A. for advanced planning and program verification services for the Fire & Emergency Medical Services (EMS) Station 19 project in the amount of $139,800;

To establish a contingency fund for the contract in the amount of $13,980; and

To authorize the City Manager to negotiate and execute modifications to the Architectural Services Agreement provided that the total contract amount including existing contingency funds does not exceed $153,780.

Vote: 7/0

9. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – RIGHT-OF-WAY TREE WATERING WITH JUMPIN BUDDIES, LLC DBA PITTSTOP PRESSURE WASHING

To authorize the City Manager to execute a Contract for American Rescue Plan Act (ARPA) Project - Right-of-Way Tree Watering with Jumpin Buddies LLC DBA PittStop Pressure Washing in an amount not to exceed $101,000.

Vote: 7/0

10. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – RIGHT-OF-WAY AND CEMETERY TREE PLANTING WITH DAVIS LANDSCAPE, LTD.

To authorize the City Manager to execute a Contract for American Rescue Plan Act (ARPA) Project - Right-of-Way and Cemetery Tree Planting with Davis Landscape, Ltd. in an amount not to exceed $128,435.

Vote: 7/0

11. DURHAM STATION TRANSIT CENTER IMPROVEMENTS PROJECT CONSTRUCTION MANAGER AT RISK PREQUALIFICATION PROCEDURES RESOLUTION

To adopt a resolution approving the prequalification process for the Durham Station Transit Center Improvements Project consistent with the requirements of G.S. 143-128.1(c).

Vote: 7/0

12. FIRE & EMERGENCY MEDICAL SERVICES STATION 19 CONSTRUCTION MANAGER AT RISK AGREEMENT WITH SAMET CORPORATION

To adopt the resolution finding that the use of construction manager at risk (CMAR) services is in the best interest of the Fire & Emergency Medical Services (EMS) Station 19 project as determined pursuant to N.C.G.S. 143-128.1(e);

To adopt the resolution approving the prequalification process for the Fire & EMS Station 19 project consistent with the requirements of N.C.G.S. 143-128.1(c); and

To authorize the City Manager to negotiate and execute a CMAR agreement with Samet Corporation for preconstruction services for the Fire & EMS Station 19 project for an amount not to exceed $124,500.

Vote: 7/0

13. AMENDMENT TO MAYOR'S HISPANIC/LATINO COMMITTEE BYLAWS

To adopt an Ordinance amending the City of Durham, Mayor's Hispanic/Latino Committee Bylaws.

Vote: 7/0

14. GOVERNOR’S CRIME COMMISSION, 2023 CRIMINAL JUSTICE IMPROVEMENT PROGRAM GRANT PROJECT ORDINANCE

To authorize the City Manager to accept the 2023 Criminal Justice Improvement Program grant by executing the grant documents; and

To adopt the 2023 Criminal Justice Improvement Program Grant Project Ordinance in the amount of $397,781.88

[Note: Item referred back to the Police Department. No vote taken.]

15. CONTRACT ST-329D PAVEMENT ASSET MANAGEMENT PLAN PROGRAMMING

To authorize the City Manager to execute a professional services contract ST-329D Pavement Asset Management Plan Programming with WithersRavenel, Inc. in the amount not to exceed $323,800.

Vote: 7/0

16. CONTRACT SW-96 PW STREET MAINTENANCE REPAIRS 2024

To authorize the City Manager to execute a construction contract for SW-96 PW Street Maintenance Repairs 2024 with Browe Construction Company in the amount of $3,864,109;

To establish a contingency fund in the amount of $96,602.73; and

To authorize the City Manager to negotiate and execute modifications to SW-96 PW Street Maintenance Repairs 2024, provided that the total cost of the contract together with all modifications does not exceed $3,960,711.73.

Vote: 7/0

17. CONTRACT SW-96C INSPECTION SERVICES FOR PW STREET MAINTENANCE REPAIRS

To authorize the City Manager to execute a professional services contract for SW-96C Inspection Services for PW Street Maintenance Repairs with TranSystems Corporation in an amount not to exceed $499,920.

Vote: 7/0

18. STREET AND INFRASTRUCTURE ACCEPTANCES

To accept certain streets and infrastructure in Andrews Chapel Phases 1A, 1B, 2A, 2B, 3A, and 4; Ashton Crossing Phase 1; Copley Farms Phases 3, 4, 5, and 6; Davis Park East Phases 1, 2, and 3 (excluding sewer); Huntington Valley Phases 1 and 2; Lakeshore Phases 2A and 2B (excluding sewer); Lumley Road Townhomes (excluding sewer); Magnolia Creek Phases 1A, 1B, 2A, 2B, 3A, 3B, and 4; Sagewood Phases 1 and 2; Shepard’s Square Phases 1, 2, and 3; Sterling Phases 2A, 2B, and 2C (excluding sewer); 5622 Ventura Drive; American Drive, Carthage Street Industrial; Eno River SS Outfall; S. Alston Avenue; Senior Living Apartments; The Bluffs at Hope Valley; and The Courtyards at Andrews Chapel for maintenance by the City of Durham.

Vote: 7/0

The following item(s) were disposed during the March 7, 2024 City Council Work Session:

19. GODURHAM FY23 ANNUAL REPORT

[A presentation was received at the March 7, 2024 Work Session Meeting.]

General Business Agenda - Public Hearings

20. PUBLIC HEARING ON THE FY2024-25 BUDGET AND FY2025-30 CAPITAL IMPROVEMENT PLAN (CIP)

To conduct a public hearing to receive comments on the development of the FY2024-25 Budget and the FY2025-30 Capital Improvement Plan (CIP).

[Note: No vote taken, public hearing only.]

21. CONSOLIDATED ANNEXATION – 3411 AND 3417 PICKETT ROAD

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

Motion 1: To adopt an ordinance annexing '3411 and 3417 Pickett Road' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Linda S. Davis and Pereppadan C. Davis;

Vote: 7/0

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

Vote: 7/0

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

Vote: 7/0

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| 22. CONSOLIDATION ANNEXATION – SHERRON ROAD APARTMENTS

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

Motion 1: To adopt an ordinance annexing 'Sherron Road Apartments' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Sherron Road Wakeforest Land LLC; . Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Caballero and Rist. Noes: Council Members Baker, Cook and Freeman.

Vote: 4/3

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Commercial Neighborhood with a Development Plan, Residential Suburban 20, Residential Rural and Falls/Jordan Lake Watershed Protection District B, county jurisdiction and establishing the same as Planned Development Residential 10.602 and Falls/Jordan Lake Watershed Protection District B, city jurisdiction; and.Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Baker, Caballero, Cook and Rist. Noes: Council Member Freeman.]

Vote: 6/1

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

Vote: 7/0

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[ADJOURNMENT: 12:21 AM]