City Council · Regular Meeting · March 20, 2023

Durham City Council Action Agenda

Present: Mayor Elaine O’Neal Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Javiera Caballero DeDreana Freeman Monique Holsey-Hyman Jillian Johnson Leonardo Williams Absent:None. Call to Order

Moment of Silent Meditation

Pledge of Allegiance

Roll Call

Announcements by Council

Priority Items by the City Manager, City Attorney and City Clerk

Consent Agenda

1. Durham Cultural Advisory Board - Appointment

To appoint Margaret E. McNab to the Durham Cultural Advisory Board with the term to expire on June 30, 2023.

(Due to the termination of Saira Estrada)

Vote: 7/0

3. Housing Appeals Board - Appointment

To appoint Malika Langley to the Housing Appeals Board representing the category of an At-Large - Alternate Member with the term to expire on June 30, 2024.

(Due to the resignation of Teresa Ray Chicarelli)

Vote: 7/0

4. Durham Workers' Rights Commission - Appointments

To appoint IdreeseFoxworth, Krista T. Kenney, Laura Serratos, and Danae Willis to the Durham Workers' Rights Commission representing the category of Diverse Backgrounds. The terms will expire on April 30, 2025.

(Due to the term expirations of MirlesnaAzor, Krista T. Kenney, Brian Powell, and Danae Willis)

Vote: 7/0

5. Durham Bicycle and Pedestrian Advisory Commission - Appointment

To appoint Jalen R. Baker to the Durham Bicycle & Pedestrian Advisory Commission representing a North Carolina Central University Liaison with the term to expire on August 31, 2025.

(Due to the resignation of Anthony Patterson)

Vote: 7/0

6. Approval of City Council Minutes

To approve the City Council minutes for the following meetings:

December 19, 2022 Regular Meeting, December 20, 2022 Work Session, January 3, 2023 Regular Meeting, January 5, 2023 Work Session, January 17, 2023 Regular Meeting, January 19, 2023 Work Session, February 6, 2023 Regular Meeting and February 9, 2023 Work Session.

Vote: 7/0

7. Ordinance to Set Filing Fees for Candidates to Municipal Office in the City of Durham

To adopt the proposed Ordinance to Set Filing Fees for Candidates to Municipal Office in the City of Durham.

Vote: 7/0

8. Resolution to Authorize Second Opioid Settlement and the Supplemental Agreement for Additional Funds

To adopt the resolution authorizing the City Manager and/or the City Manager's designee to execute the Supplemental Agreement for Additional Funds From Additional Settlements of Opioid Litigation.

Vote: 7/0

9. American Rescue Plan Act (ARPA) Project - Community-Rooted Approaches to Public Health

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Communities in Partnership in an amount not to exceed $1,000,000 to enhance ongoing programmatic support and resources.

Vote: 7/0

10. Change Order #9 to the Construction Manager at Risk Contract with Skanska USA Building Inc. for the Merrick Moore Park (Formally Hoover Road Park) Project

To authorize the City Manager to execute Change Order #9 to the construction contract for the Merrick Moore Park project with Skanska USA Building Inc. in the amount of $110,977.81, for a total contract amount not to exceed $8,925,833.10.

Vote: 7/0

11. Grant Administration Agreement and Grant Project Ordinance for Reintegration of Ex-Offenders, First Step Act Initiative (PROWD Grant) Funds

To authorize the City Manager to accept the PROWD Grant funds issued to the Durham Workforce Development Board; and

To authorize the City Manager to execute the Grant Administration Agreement on the Board’s behalf; and

To adopt the City of Durham Workforce Innovation and Opportunity Act (WIOA) First Step Act Initiative (PROWD Grant) Through the Reintegration of Ex-Offenders Program Grant Project Ordinance in the amount of $1,740,321.

Vote: 7/0

12. Drainage Structure Access and Stabilization (SD-2023-01)

To authorize the City Manager to execute Contract SD-2023-01, Drainage Structure Access and Stabilization, with White Oak Construction Corp. of N.C. in the amount of $373,969;

To establish a contingency fund in the amount of $56,095; and

To authorize the City Manager to negotiate change orders for Contract SD-2023-01 provided that the total contract cost does not exceed $430,064.

Vote: 7/0

13. Professional Services Contract Award to Hazen and Sawyer, P.C. for Facilities Electrical Study

To authorize the City Manager to execute a contract with Hazen and Sawyer, P.C. for professional engineering services for the Facilities Electrical Improvements Project in the amount not to exceed the cost of $536,000;

To establish a contingency fund for the contract in the amount of $53,600; and

To authorize the City Manager to negotiate and execute amendments to the contract provided the cost of all amendments together with the original contract amount does not exceed $589,600.

Vote: 7/0

The following items were disposed during the March 9, 2023 City Council Work Session: Agenda Item #14 – Built2Last \[A presentation was made at the March 9, 2023 City Council Work Session.\] Agenda Item #15 – Water Quality & Land Use Changes in the Lick Creek Watershed \[A presentation was made at the March 9, 2023 City Council Work Session.\]

General Business Agenda - Public Hearings

16. Public Hearing on the Fiscal Year 2023-24 Budget and FY 2024-2029 Capital Improvement Plan (CIP)

To conduct a public hearing to receive comments on the development of the FY 2023-24 Budget and the FY2024-29 Capital Improvement Plan (CIP).

Note: Public hearing only. No vote taken.

17. Consolidated Annexation - Wesley Downs

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

Motion #1: To adopt an ordinance annexing 'Wesley Downs' 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; Ayes: Mayor Pro Tempore Middleton, Council Members Caballero, Johnson, Williams.Noes: Mayor O’Neal, Council Members Freeman, Holsey-Hyman.

Vote: 4/3

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural (RR), Falls/Jordan District - B (F/J-B), County Jurisdiction and establishing the Planned Development Residential 4.166 (PDR 4.166), Falls/Jordan District - B (F/J-B), City Jurisdiction; and Ayes: Mayor Pro Tempore Middleton, Council Members Caballero, Johnson, Williams.Noes: Mayor O’Neal, Council Members Freeman, Holsey-Hyman.

Vote: 4/3

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

Vote: 7/0

18. Consolidated Annexation - Shady Grove Assemblage

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

Motion #1: To adopt an ordinance annexing 'Shady Grove Assemblage' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Edens Investments, Inc; Ayes: Mayor Pro Tempore Middleton, Council Members Caballero, Johnson, Williams.Noes: Mayor O’Neal, Council Members Freeman, Holsey-Hyman.

Vote: 4/3

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural (RR), Falls/Jordan District-B (F/J-B) and A60 Airport Overlays (A60),County Jurisdiction and establishing the same as Planned Development Residential 5.632 (PDR 5.632), Falls/Jordan District-B (F/J-B) and A60 Airport Overlays (A60), City Jurisdiction; and Ayes: Mayor Pro Tempore Middleton, Council Members Caballero, Johnson, Williams.Noes: Mayor O’Neal, Council Members Freeman, Holsey-Hyman.

Vote: 4/3

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605. Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton, Council Members Caballero, Freeman, Johnson, Williams.Noes: Council Member Holsey-Hyman.

Vote: 6/1

19. Unified Development Ordinance Text Amendment- Simplifying Codes for Affordable Development

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

Motion #1: To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits; Article 4, Zoning Districts; Article 5, Use Regulations; Article 6, District Intensity Standards; Article 7, Design Standards; Article 8, Environmental Protection; Article 9, Landscaping and Buffering; Article 10, Parking and Loading; Article 12, Infrastructure and Public Improvements; Article 13, Additional Requirements for Subdivisions; Article 14, Nonconformities; Article 16, Design Districts; and Article 17, Definitions effective April 1, 2023; and

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

Note: Public hearing was opened. Council approved motion to postpone the item to the May 1, 2023 regular Council Meeting. Ayes:Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Freeman and Holsey-Hyman.Noes: Council Members Caballero, Johnson and Williams

20. Development Agreement - Novel University Hill

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

Motion #1:To adopt an ordinance amending the Unified Development Ordinance by taking property out of Commercial Neighborhood (CN) and Commercial General (CG) and establishing the same as Commercial Neighborhood (CN) and Commercial General (CG) with a Statutory Development Agreement; and adopting an ordinance approving a Statutory Development Agreement with Crescent Acquisitions, LLC and KB Carver Developer, LLC and an associated utility extension agreement with Crescent Acquisitions, LLC; and authorizing the City Manager to execute both the development agreement and the utility extension agreement.

Vote: 7/0

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

Vote: 7/0

21. Public Hearing on and Approval of the HOME-American Rescue Plan (ARP) Allocation Plan

To conduct a Public Hearing on March 20, 2023 to receive citizen comments on the Draft HOME-ARP Allocation Plan as it relates to the use and prioritization of $4,346,151 of HOME-ARP funds;

To approve the Draft HOME-ARP Allocation Plan for submission to the U.S. Department of Housing and Urban Development (HUD); and

To authorize the City Manager to execute all administrative requirements and contractual documents necessary for implementation of the HOME Investment Partnerships Program-American Rescue Plan (HOME-ARP) Allocation Plan to include all program agreements and related documents; and

To adopt the City of Durham/U.S. Department of Housing and Urban Development the HOME Investment Partnerships Program (HOME)-American Rescue Plan (ARP) Allocation Plan project ordinance in the amount of $4,346,151.

Vote: 7/0

22. FY 2023-2024 Annual Action Plan “Needs” Public Hearing

To conduct a "Needs" Public Hearing for the FY 2023-2024 Annual Action Plan related to community development needs in Durham.

Note: Public hearing only. No vote taken.

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=575&doctype=1#mediaAndItemView "Read more details about this section") 10:04 p.m.