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: Excused Absence: Council Member Jillian Johnson
Consent Agenda
1. Durham City-County Appearance Commission - Appointment
To appoint Alejandro Ibrahim to the Durham City-County Appearance Commission with the term to expire on April 1, 2025.
(Due to the resignation of Leah F. Selvy)
Vote (Approved): 6/0
2. January 2023 Bid Report
To receive a report on the bids that were acted upon by the City Manager in January 2023.
Vote (Approved): 6/0
3. Interlocal Agreement for the Distribution of Sales Tax Between the City of Durham and Durham County
To ratify by resolution the one-year Interlocal Agreement (ILA) with Durham County for the sharing of sales tax revenue and;
To authorize the City Manager to execute the ILA on behalf of the City.
Vote (Approved): 6/0
4. Boards, Committees, Commissions and Taskforce Calendar Year 2022 Annual Attendance Reports
To receive the attendance reports for boards, committees, commissions and taskforces for the period January 1, 2022 through December 31, 2022; 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 (Approved): 6/0
5. Resolution Entitled "The First First Responders Resolution”
To adopt the Resolution entitled "The First First Responders Resolution".
Vote (Approved): 6/0
6. 2022 Fourth Quarter Crime Report
[A presentation was made at the February 23, 2023 Work Session.]
To receive a presentation on the 2022 Fourth Quarter Crime Report; and
To receive the 2022 Fourth Quarter Crime Report.
Vote (Approved): 6/0
7. Construction of a Traffic Signal at Renaissance Parkway and Leonardo Drive
To authorize the City Manager to execute a contract with LMJ Pavement Marking, LLC in the amount of $346,627.54 for the installation of a new traffic signal at Renaissance Parkway and Leonardo Drive;
To establish a project contingency fund in the amount of $51,994.13; 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 $398,621.67.
Vote (Approved): 6/0
8. Amendment No. 4 to the Homeland Avenue Stream Relocation ProjectProfessional Engineering Services Contract
To ratify the executed First, Second, and Third Amendments to the Homeland Avenue Stream Relocation contract with John R. McAdams Company, Incorporated in the amounts of $20,450, $13,895, and $4,500, respectively;
To authorize the City Manager to execute a Fourth Amendment with John R. McAdams Company, Incorporated in an amount not to exceed $34,255 for a total contract amount of $169,060;
To establish a contingency fund for the contract with John R. McAdams Company, Incorporated in the amount not to exceed $10,000; and
To authorize the City Manager to negotiate amendments to the contract provided that the total project cost does not exceed $179,060.
Vote (Approved): 6/0
9. Amendment No. 3 to Aiken Avenue Stream Relocation Project Professional Engineering Services Contract
To ratify the executed First and Second Amendments to the Aiken Avenue Stream Realignment contract with John R. McAdams Company, Incorporated in the amounts of $21,500 and $4,500, respectively;
To authorize the City Manager to execute a Third Amendment with John R. McAdams Company, Incorporated in an amount not to exceed $37,409, for a total contract amount of $162,569;
To establish a contingency fund for the contract with John R. McAdams Company, Incorporated in the amount not to exceed $10,000; and
To authorize the City Manager to negotiate amendments to the contract provided that the total project cost does not exceed $172,569.
Vote (Approved): 6/0
10. Professional Engineering Services Contract with Brown and Caldwell, Inc. for the Western Intake Partnership Environmental Permitting Project – Amendment No. 1
To authorize the City Manager to execute a contract amendment to the Western Intake Partnership Environmental Permitting Project with Brown and Caldwell, Inc. for $1,473,410, for a total, revised contract amount of $2,244,510;
To establish contingency funds of $147,340 for the Western Intake Partnership Environmental Permitting Project; and
To authorize the City Manager to negotiate and execute amendments to the contract provided that the total contract cost does not exceed $2,391,850.
Vote (Approved): 6/0
The following items were disposed during the February 23, 2023 City Council Work Session: - Agenda Item #6 – 2022 Fourth Quarter Crime Report \[A presentation was made at the February 23, 2023 City Council Work Session.\] - Agenda Item #11 – FY2022-23 Second Quarter Financial Report \[A presentation was made at the February 23, 2023 City Council Work Session\] - Agenda Item #12 – Affordable Housing Deep Dive Presentation from Durham Regional Association of Realtors® \[A presentation was made at the February 23, 2023 City Council Work Session.\] - Agenda Item #13 – City of Durham Aquatics Splash and Play Final Report \[A presentation was made at the February 23, 2023 City Council Work Session.\]
General Business Agenda - Public Hearings
14. Consolidated Annexation - Carpenter Falls
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Carpenter Falls Subdivision' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Edens Investment Inc.; Ayes: Mayor Pro Tempore Middleton and Council Members Caballero and Williams.Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.Excused Absence:Council Member Johnson.
Vote (Failed): 3/3
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 same as Residential Rural (RR), Falls/Jordan District - B (F/J-B), City Jurisdiction; and [No vote taken]
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605. [No vote take].
15. Consolidated Annexation - Crescent Drive Assemblage
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Crescent Drive Assemblage' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with PG NC Development South, LLC;
Vote (Approved): 6/0
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban - 20 (RS-20), Falls/Jordan District - B (F/J-B), Major Transportation Corridor I-40 (MTC I-40), County Jurisdiction and establishing the same as Residential Compact with a Development Plan (RC(D)), Falls/Jordan District - B (F/J-B), Major Transportation Corridor I-40 (MTC I-40), City Jurisdiction; and
Vote (Approved): 6/0
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote (Approved): 6/0
16. Consolidated Annexation – Fondcombe
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Fondcombe' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Kade Schemahorn and Caitlin Sapp;
Vote (Approved): 6/0
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 same as Residential Rural (RR), Falls/Jordan District B (F/J-B), City Jurisdiction; and
Vote (Approved): 6/0
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote (Approved): 6/0
17. Consolidated Annexation - 4109 Endor Lane
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing '4109 Endor Lane' into the City of Durham effective March 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Modesto Hernandez Aguilar and Claudia Arias Romero;
Vote (Approved): 6/0
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential-Suburban-20 (RS-20), Falls/Jordan District - B (F/J-B) County Jurisdiction and establishing the same as Residential Suburban-20 (RS-20), Falls/Jordan District - B (F/J-B), City Jurisdiction; and
Vote (Approved): 6/0
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote (Approved): 6/0
18. Unified Development Ordinance Text Amendment, Sedimentation and Erosion Control
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 12, Infrastructure and Public Improvements; and Article 15, Enforcement; and
Vote (Approved): 6/0
Motion #2: To adopt the appropriate consistency statement as required per NCGS - 160D-605.
Vote (Approved): 6/0
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=573&doctype=1#mediaAndItemView "Read more details about this section") 9:56 p.m.