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\_h7VDXstvRiCE8hDn-xTpqQ 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 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, 2023.
(Due to the termination of Saira Estrada)
2. 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, 2024.
(Due to the resignation of Bruce Harrod)
3. Housing Appeals Board - Appointment
To appoint a resident to fill one (1) vacancy on 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)
4. Durham Workers' Rights Commission - Appointments
To appoint residents to fill five (5) vacancies on 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 Mirlesna Azor, Krista T. Kenney, Brian Powell, Lisa Pratt, and Danae Willis)
5. Durham Bicycle and Pedestrian Advisory Commission - Appointment
To appoint a resident to fill one (1) vacancy on 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)
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.
Departmental Items
City Attorney's Office
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.
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.
City Manager's Office
9. American Recovery 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.
General Services Department
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.
Office of Economic and Workforce Development
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;
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.
Public Works Department
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.
Water Management Department
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.
Presentations
City Council's Office
14. [Built2Last [30 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=574&doctype=1#mediaAndItemView "Read more details about this item")
To receive a presentation on Built2Last.
City Manager's Office
15. Water Quality & Land Use Changes in the Lick Creek Watershed[30 minutes]
To receive a presentation from Sound Rivers on water quality & land use changes in the Lick Creek Watershed.
Public Hearings
Budget and Management Services Department
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).
City-County Planning Department
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;
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
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
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;
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
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
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.
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.
Motion #2: To adopt a Consistency Statement as required by NCGS 160D-605.
Community Development Department
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.
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.
Settling the Agenda
Other Matters
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=574&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.