Durham City Council Action Agenda

Present: Mayor Elaine O’Neal Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: DeDreana Freeman Monique Holsey-Hyman Jillian Johnson Leonardo Williams Excused Absence: Council MemberJaviera Caballero

Consent Agenda

1. Approval of City Council Minutes

To approve the City Council minutes for the following meetings: February 2, 2023 Council Legislative Committee Meeting, February 20, 2023 Legislative Delegation Meeting, February 20, 2023 Regular Meeting, February 23, 2023 Work Session, March 1, 2023 Joint City-Planning Commission Meeting, March 2, 2023 Budget Retreat, March 3, 2023 Budget Retreat, March 6, 2023 Regular Meeting and March 9, 2023 Work Session.

Vote: 6/0

2. Durham Bicycle and Pedestrian Advisory Commission - Appointment

To appoint Jeffrey M. Bakalchuck to the Durham Bicycle & Pedestrian Advisory Commission representing an At-Large Resident with the term to expire on August 31, 2025.

(Due to the resignation of Ryan Phillips)

Vote: 6/0

3. March 2023 Bid Report

To receive a report on the bids that were acted upon by the City Manager in March 2023.

Vote: 6/0

4. Street and Infrastructure Acceptances

To accept certain streets and infrastructure in Belgreen Phases 1 and 2; Chapel Run Phases 1, 2, and 3; East Carver Street Extension; Fendol Farms Phases 1 A, B, C, D, J, and N; Towns at Southpoint (Southpoint Station); Carillon North Durham; Elliott Square; and Sport Durst Mazda for maintenance by the City of Durham.

Vote: 6/0

5. Wire Transfer Process Performance Audit March 2023

To receive the Wire Transfer Process Performance Audit approved at the March 27, 2023, Audit Services Oversight Committee meeting.

Vote: 6/0

6. Second Amendment to Amended and Restated Construction to Permanent Loan Agreement with CASA for 2702 North Duke Street (Bryan Place Apartments)

To authorize the City Manager to amend the amended and restated loan agreement contract no. 17874 with CASA to an amount not to exceed $2,498,821, for the development of Bryan Place Apartments at 2702 North Duke Street.

To authorize the City Manager to execute the second amendment to amended and restated construction to permanent loan agreement contract no. 17874 and any other necessary and customary loan documents for the Project.

Vote: 6/0

8. Amendment #2 to the Contract with Waste Industries, LLC for Transfer Station Construction, Operation, Transport and Disposal Services

To approve Amendment #2 to the Contract Between the City of Durham and Waste Industries, LLC for Transfer Station Construction, Operation, Transport and Disposal Services for an amount not to exceed $55,000,000; and

To authorize the City Manager to execute Amendment #2.

Vote: 6/0

9. Municipal Construction Agreement with NCDOT for Cornwallis Road and NCRR Grade Separation TIP # P-5717

To authorize the City Manager to execute a municipal construction agreement with the North Carolina Department of Transportation for 'betterments' to be included in NCDOT Project P-5717 for an estimated cost of $56,473.03.

Vote: 6/0

10. Resolution to Readopt Water Shortage Response Plan

To readopt the Water Shortage Response Plan by resolution.

Vote: 6/0

14. Resolution in Support of the Day of Remembrance

To adopt the Resolution in support of the Day of Remembrance.

Vote: 6/0

15. Resolution and Adoption Policy for the Naming Rights of Publicly-Owned Properties and Facilities

To adopt a resolution for a policy for the naming rights of publicly-owned City properties and facilities; and

To adopt the policy for the naming rights of publicly-owned City properties and facilities in accordance with the adopted resolution.

Vote: 6/0

16. McKissick Square Development Loan Commitment - American Rescue Plan Act (ARPA) Affordable Housing Funds

To authorize the City Manager to issue to McKissick Square Limited Partnership or its designated affiliate approved by the City, a conditional binding commitment of permanent financing in an amount up to $1,400,000 of American Rescue Plan Act (ARPA) funds under the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) section for the development of seventy-two (72) affordable rental units for McKissick Square;

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.

Vote: 6/0

17. Benefits Consulting & Broker Services Selection and Contract

To authorize the City Manager to execute a contract of $102,564 with Foundation Risk Partners, Corp. d.b.a. Independent Benefit Advisors for July 1, 2023 -June 30, 2026.

Vote: 6/0

General Business Agenda

7. Ellerbe Creek Watershed Association Dedicated Nature Preserve Proposal Alternatives

[A presentation was made at the April 20, 2023 City Council Work Session.]

To receive a presentation on alternatives to the Dedicated Nature Preserve;

To direct staff to enter negotiations with the State of North Carolina Department of Natural and Cultural Resources to draft a voluntary agreement to register the subject property as a Registered Heritage Area;

To direct staff to craft City Code of Ordinance language to protect the area through self-directed action; and

To authorize the City Manager to make changes to the area preserved as further investigation is completed before finalizing any registration or protection of the property.

MOTION:To engage with the State of North Carolina Department of Cultural Resources and Ellerbe Creek Watershed Association (ECWA) to initiate the process of designating 215 acres of city owned land as a Dedicated Nature Preserve. Ayes: Mayor O’Neal and Council Members Freeman, Holsey-Hyman and Williams.Noes:Mayor Pro Tempore Middleton and Council Member Johnson.Excused Absence: Council Member Caballero.

Vote: 4/2

The following items were disposed during the April 20, 2023 City Council Work Session: - Agenda Item #12 – Unified Development Ordinance Text Amendment – Simplifying Codes for Affordable Development \[This item was referred back to the City/County Planning Department.\] - Agenda Item #13 – Cora Cole-McFadden \[Comments were received at the April 20, 2023 City Council Work Session.\]

General Business Agenda - Public Hearings

11. FY 2023-2024 Draft Annual Action Plan “Needs” Public Hearing, Annual Action Plan Adoption and Grant Project Ordinances

To conduct a “Needs” Public Hearing for the Draft FY 2023-2024 Annual Action Plan to receive comments related to community development needs in Durham;

To adopt the Draft FY 2023-2024 Annual Action Plan upon closure of the Public Hearing;

Vote: 6/0

To adopt the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG) FY 2023-2024 Grant Project Ordinance in the amount of $2,138,871 and Authorization to Execute Grant Agreement;

Vote: 6/0

To adopt the U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) FY 2023-2024 Grant Project Ordinance in the amount of $1,417,035 and Authorization to Execute Grant Agreement;

Vote: 6/0

To adopt the U.S. Department of Housing and Urban Development (HUD) Emergency Solutions Grant Program (ESG) FY 2023-2024 Grant Project Ordinance in the amount of $182,563 and Authorization to Execute Grant Agreement;and

Vote: 6/0

To adopt the U.S. Department of Housing and Urban Development (HUD) Housing Opportunities for Persons with AIDS Program FY 2023-2024 Grant Project Ordinance in the amount of $1,066,328 and Authorization to Execute Grant Agreement.

Vote: 6/0

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=581&doctype=1#mediaAndItemView "Read more details about this section") – 9:20 p.m.