Agenda: City Council · Regular Meeting · March 21, 2024

City Council Work Session Agenda

1. RECREATION ADVISORY COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Recreation Advisory Commission representing a Person with a Disability with the term expiring August 8, 2025.

(Due to the resignation of Marcella Scurlock-Jones)

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 April 17, 2025.

(Due to the term expiration of Ben Goldberg)

3. DURHAM CULTURAL ADVISORY BOARD - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Durham Cultural Advisory Board with the term to expire on June 30, 2027.

(Due to the termination of Raafe Purnsley)

Finance Department

4. FEBRUARY 2024 BID REPORT

To receive a report on the bids that were acted upon by the City Manager in February 2024.

Departmental Items

Audit Services Department

5. TAKE-HOME VEHICLE PERFORMANCE AUDIT REPORT FEBRUARY 2024

To receive the Take-Home Vehicle Performance Audit approved at the February 2024 Audit Services Oversight Committee meeting.

Budget and Management Services Department

6. FY 2024-25 BUDGET DEVELOPMENT GUIDELINES

To adopt the Budget Development Guidelines to be used for the development of the FY2024-25 Budget and Capital Improvement Plan (CIP).

City Attorney's Office

7. FY24 GRANT AGREEMENT FOR AN IMMIGRATION LEGAL DEFENSE PROJECT

To authorize the City Manager to execute the FY24 Grant Agreement for the Immigration Legal Defense Project with JusticeMatters, Inc. in an amount not to exceed $250,000.

City Manager's Office

8. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – WORKER’S SUSTAINABILITY

To authorize the City Manager to execute an ARPA subrecipient grant agreement with National Domestic Worker's Alliance, Inc. in an amount not to exceed $1,000,000.

Community Development Department

9. MCKISSICK SQUARE DEVELOPMENT AMENDED LOAN COMMITMENT – AMERICAN RESCUE PLAN ACT (ARPA) AFFORDABLE HOUSING FUNDS

To authorize the City Manager to increase the commitment of funding in the amount of $3,600,000 to McKissick Square Limited Partnership or its designated affiliate approved by the City, for a total binding commitment of construction to permanent financing in an amount up to $5,000,000, funded by American Rescue Plan Act under the State and Local Fiscal Recovery Funds section for the development of sixty-six (66) units of multifamily housing;

To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate in order to carry out the purpose and intent of this conditional binding commitment of permanent financing; and

To authorize the City Manager to make necessary and sundry changes to the conditional binding commitment of permanent financing 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.

Emergency Communications Department

10. PORTABLE RADIO GRANT AGREEMENT APPROVAL

To authorize the City Manager to execute a grant agreement between the City of Durham and North Carolina 911 Board in an amount of $133,294.24 for the purchase of portable radios.

Finance Department

11. REVISED ORDINANCE, SUNSET EXTENSION AND POLICY FOR THE EQUAL BUSINESS OPPORTUNITY PROGRAM (EBOP)

To adopt an ordinance to revise the Equal Business Opportunity Program to promote Equal Business Opportunities in City contracting.

To authorize the City Manager to establish an EBOP implementation policy, and to make subsequent revisions to the policy, as necessary to effectively administer the EBOP Ordinance.

General Services Department

12. PROPOSED LEASE AGREEMENT WITH DURHAM HOUSING AUTHORITY AT 531 LAKELAND STREET

To adopt a resolution authorizing the City Manager to execute a lease agreement with the Durham Housing Authority with a three-year (3) term, for a rental rate of $1 annually, for the operation of its community engagement and outreach programs located at 531 Lakeland Street, Parcel ID 211054, having first determined that this portion of the property is not needed for any defined future public purpose during the term of the lease; and

To authorize the City Manager to execute subsequent documents, including two (2) three-year (3) renewals, permitted by, or required by either the Lease Agreement, including any amendments, or related documents.

13. TENTH AMENDMENT TO THE ASSIGNMENT AGREEMENT FOR THE DURHAM ATHLETIC PARK OPERATING AGREEMENT

To authorize the City Manager to execute the Tenth Amendment to the Assignment Agreement for the Durham Athletic Park (DAP) Operating Agreement with The Durham Bulls Baseball Club, Inc. extending the operation of the DAP to September 30, 2024, with an option for an additional twelve (12) months through September 30, 2025 at the contract amount of $119,228.16 annually.

14. PROJECT CONSTRUCTION MANAGER AT RISK (CMAR) CONTRACT FOR PRECONSTRUCTION SERVICES WITH LECHASE CONSTRUCTION SERVICES, LLC FOR THE CITY HALL AND ANNEX HVAC PROJECT

To adopt the Resolution finding that the use of Construction Manager at Risk services is in the best interest of the City Hall and Annex HVAC project as determined by the City pursuant to N.C.G.S. 143-128.1(e);

To adopt a Resolution approving the prequalification process for the City Hall and Annex HVAC 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 Construction Manager at Risk contract with LECHASE CONSTRUCTION SERVICES, LLC for preconstruction services for the City Hall and Annex HVAC project in the lump sum amount of $53,053.

15. CONTRACT WITH MBP CAROLINAS, INC. FOR COMMISSIONING SERVICES FOR THE CITY HALL AND ANNEX HVAC PROJECT

To authorize the City Manager to execute a contract with MBP Carolinas, Inc. for the City Hall and Annex HVAC project in an amount not to exceed $74,000;

To establish a contingency fund in the amount of $11,100; and

To authorize the City Manager to negotiate and execute modifications to the contract for the City Hall and Annex HVAC project with MBP Carolinas, Inc., provided that the total contract amount including existing contingency funds does not exceed $85,100.

16. PROFESSIONAL SERVICES DESIGN CONTRACT WITH CMTA OF KENTUCKY, INC. FOR THE CITY HALL AND ANNEX HVAC PROJECT

To authorize the City Manager to execute a Professional Services contract for the City Hall and Annex HVAC project with CMTA of Kentucky, Inc. in an amount not to exceed $464,000;

To establish a contingency in the amount of $69,600; and

To authorize the City Manager to negotiate and execute modifications to the Professional Services contract for the City Hall and Annex HVAC project with CMTA of Kentucky, Inc., provided that the total contract amount including existing contingency funds does not exceed $533,600.

Public Works Department

17. INTERLOCAL AGREEMENT WITH DURHAM COUNTY FOR THE SOUTHEAST DURHAM WATERSHED IMPROVEMENT PLAN

To resolve that the City Manager be authorized to execute an interlocal agreement for contract SP-2023-01, the Southeast Durham Watershed Improvement Plan, with Durham County; and

To authorize the City Manager to accept funds from Durham County for Contract SP-2023-01 in the amount of $910,895.51.

Solid Waste Management Department

18. SECOND AMENDED AND RESTATED CONTRACT WITH ATLAS ORGANICS CU02, LLC FOR MANAGEMENT OF THE CITY-OWNED COMPOSTING FACILITIES

To authorize the City Manager to execute the Second Amended and Restated Contract Between the City of Durham and Atlas Organics CU02, LLC for Management of the City-owned Composting Facilities in an amount that does not exceed $9,107,600.

Presentations

City Council

19. [DURHAM DESTINATION MASTER PLAN[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=638&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the Durham Destination Master Plan.

Public Hearings

City-County Planning Department

20. CONSOLIDATED ANNEXATION – AURA 751

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

Motion 1: To adopt an ordinance annexing 'Aura 751' into the City of Durham; and to authorize the City Manager to enter into a utility extension agreement with Trinsic Acquisition Company, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, Major Transportation Corridor I-40, Falls/Jordan District B, county jurisdiction and establishing the same as Planned Density Residential 30.594, Major Transportation Corridor I-40, Falls/Jordan District B, city jurisdiction; and

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

21. CONSOLIDATION ANNEXATION – LEIGH VALLEY

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

Motion 1: To adopt an ordinance annexing 'Leigh Valley' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Greenhawk Corporation, Inc.;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Suburban-20, Falls/Jordan Lake Watershed Protection District B, Major Transportation Corridor I-40, county jurisdiction and establishing the same as Residential Compact with a Development Plan and Residential Suburban-20, Falls/Jordan Lake Watershed Protection District B, Major Transportation Corridor I-40, city jurisdiction; and

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

22. CONSOLIDATED ANNEXATION – 1324 BUNGALOW AVE

To conduct a public hearing to receive comments and consider two alternative sets of motions provided:

Motion 1: To adopt an ordinance annexing '1324 Bungalow Ave' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with CWH Properties, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, Falls/Jordan Lake Watershed Overlay District B, county jurisdiction and establishing the same as Residential Suburban-20, Falls/Jordan Lake Watershed Overlay District B, city jurisdiction; and

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

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

23 DONALD RAINS

To receive comments from Donald Rains.

Supplemental Items

Community Development Department

24. HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) GRANT PROJECT ORDINANCES FOR FY2022-2023, FY2021-2022, FY2020-2021, FY2019-2020, FY2016-2017

To adopt an Ordinance amending the FY2022-2023 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the actual HOME Program Income received of $334,359.88 for a total appropriation of $1,649,859.88, the same being Ordinance #16090;

To adopt an Ordinance amending the FY2021-2022 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the actual HOME Program Income received of $724,688.60 for a total appropriation of $1,923,849.60, the same being Ordinance #16088;

To adopt an Ordinance amending the FY2020-2021 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the actual HOME Program Income received of $354,221.95 for a total appropriation of $1,519,161.95, the same being Ordinance #15778;

To adopt an Ordinance amending the FY2019-2020 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the actual HOME Program Income received of $392,714.64 for a total appropriation of $1,475,230.64, the same being Ordinance #15704; and

To adopt an Ordinance amending the FY2016-2017 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the actual HOME Program Income received of $538,063.65 for a total appropriation of $1,339,863.65, the same being Ordinance #15071.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=638&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.