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.
Consent Agenda
1. Carolina Theatre of Durham Board of Trustees - Appointment
To appoint Kasey Decosimo to the Carolina Theatre of Durham Board of Trustees with skills in the areas of business, finance, arts and culture or community relations.The term will expire on June 30, 2026.
(Due to the term expiration of Kasey Decosimo)
Vote (Approved): 7/0
2. Durham Cultural Advisory Board - Appointment
To appoint A. Demarcus Williams to the Durham Cultural Advisory Board with the term to expire on June 30, 2025.
(Due to the resignation of Caroline Dwyer)
Vote (Approved): 7/0
3. Durham Workers' Rights Commission - Appointment
To appoint Brian Powell to the Durham Workers' Rights Commission representing the category of Diverse Backgrounds. The term will expire on April 30, 2025.
(Due to the term expiration of Brian Powell)
Vote (Approved): 7/0
5. City-County Planning Department FY24 Work Program
To approve the City-County Planning Department FY24 Work Program.
Vote (Approved): 7/0
6. Approval of a Multifamily Housing Facility to be known as Commerce Street Apartments in the City of Durham, North Carolina and the Financing thereof with Multifamily Housing Revenue Bonds
To adopt a resolution providing approval of a multifamily housing facility known as Commerce Street Apartments in the City of Durham, North Carolina, and,
To approve the financing thereof with Multifamily Housing Revenue Bonds in an amount not to exceed $27,861,000.
Vote (Approved): 7/0
7. Contract with Dixie Lawn Service, Inc. for Interstate 85 Median Maintenance Services
To approve the proposed three-year Contract Between the City of Durham and Dixie Lawn Service, Inc. for Interstate 85 Median Maintenance in an amount not to exceed $185,647; and
To authorize the City Manager to execute the proposed contract.
Vote (Approved): 7/0
8. First Amendment to Agreement to Fund American Dance Festival 2023 Season Operated by American Dance Festival, Inc. using City of Durham Grant Funds
To authorize the City Manager to execute the First Amendment to the American Dance Festival, Inc. Agreement to increase support for 2023 cultural programming in the amount of $13,750, for a revised total contract amount of $60,000.
Vote (Approved): 7/0
9. Service Contract with Winstead Landscape Services, Co. for Rights-of-Way Maintenance – South
To approve the proposed three-year Contract Between the City of Durham and Winstead Landscape Services co. for Rights-of-Way Maintenance in an amount not to exceed $201,600; and
To authorize the City Manager to execute the proposed contract.
Vote (Approved): 7/0
10. Contract with Morris & McDaniel, Inc. for Promotional Testing and Assessment Services
To authorize the City Manager to execute a contract in the amount of $119,610 with Morris & McDaniel, Inc., for police promotional testing and assessment services.
Vote (Approved): 7/0
11. Contract SW-91, Public Works Street Maintenance Repairs 2023
To authorize the City Manager to execute a construction contract for SW-91, PW Street Maintenance Repairs 2023 with Browe Construction Company in the amount of $4,729,840;
To establish a contingency fund in the amount of $236,492; and
To authorize the City Manager to negotiate and execute change orders to the contract provided that the total contract does not exceed $4,966,332.
Vote (Approved): 7/0
12. Contract SW-91C, Inspections for PW Street Maintenance Repairs
To authorize the City Manager to execute a professional services contract for SW-91C, Inspections for PW Street Maintenance Repairs with WithersRavenel, Inc. in an amount not to exceed $600,000.
Vote (Approved): 7/0
13. Resolution to Support the Upper Neuse River Basin Association (UNRBA) FY2024 Budget
[A presentation was made at the May 4, 2023 City Council Work Session.]
To receive a presentation regarding Upper Neuse River Basin Association (UNRBA) activities; and
To adopt the resolution supporting the UNRBA FY2024 budget of $1,204,940, with the City of Durham contributing $268,841.83.
Vote (Approved): 7/0
(PR# 16193)
14. Contract Amendment No. 2 for ST-317C Utility Locate Services
To authorize the City Manager to execute Contract Amendment No. 2 for ST-317C Utility Locate Services with KCI Associates of North Carolina, P.A. in the amount of $408,000 for a total revised contract amount not to exceed $1,622,000.
Vote (Approved): 7/0
15. Contract BR-10C, Bridge Professional Services
To authorize the City Manager to execute a professional services contract for BR-10C, Bridge Professional Services with Kisinger Campo & Associates, Corp. in the amount not to exceed $592,000.
Vote (Approved): 7/0
16. Contract with Next Phase Solutions, LLC for Onbase Maintenance and Support
To authorize the City Manager to execute the proposed three-year Contract between the City of Durham and Next Phase Solutions, LLC for OnBase Software Maintenance in an amount not to exceed $259,484.60.
Vote (Approved): 7/0
17. Assignment of Contract for the Management and Operation of the GoDurham ACCESS Service
To authorize the City Manager to execute the GoTriangle assignment with National Express Transit Corporation for the management and operations of the GoDurham ACCESS service not to exceed $12,979,396;
To authorize the City Manager to execute Option Year One extending the contract with National Express Transit Corporation to August 31, 2024; and,
To authorize the City Manager to extend the subcontractor amendment agreement with UZURV Holdings, Inc. for continued on-demand services to August 31, 2024.
Vote (Approved): 7/0
18. Service Contract with RATP Dev USA, Inc. for the Management, Operation, and Maintenance of the GoDurham Fixed Route Transit System
To authorize the City Manager to execute a contract with RATP Dev USA, Inc. for the management, operation, and maintenance of the GoDurham fixed-route transit system in an amount not to exceed $261,544,849.51.
Vote (Approved): 7/0
19. Inter-Governmental Agreement with the Triangle J Council of Governments for the Transition of Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Lead Planning Agency Responsibilities
To resolve that the City Manager be authorized to execute an interlocal agreement between the City of Durham and the Triangle J Council of Governments to transition the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Lead Planning Agency responsibilities from the City of Durham to the Triangle J Council of Governments.
Vote (Approved): 7/0
20. Award of Construction Contract to Moffat Pipe, Inc. for the Hoover Road Transmission Main Replacement Project
To authorize the City Manager to execute a contract with Moffat Pipe, Inc. for the Hoover Road Transmission Main Replacement Project in the amount of $3,116,440;
To establish a contingency fund for the contract in the amount of $311,644; and
To authorize the City Manager to negotiate and execute change orders for the contract provided that the total project cost does not exceed $3,428,084.
Vote (Approved): 7/0
21. Award of Construction Contract to Carolina Civilworks, Inc. for the Parkwood Area Lift Station Consolidation Project
To authorize the City Manager to execute a construction contract with Carolina Civilworks Inc. for the Parkwood Area Lift Station Consolidation Project in the amount of $13,098,505.64;
To establish a contingency fund for the contract in the amount of $1,309,850;
To authorize the City Manager to negotiate change orders for the contract provided that the total project cost does not exceed $14,408,355.64; and
To adopt an ordinance amending the Water and Wastewater Capital Improvement Plan Ordinance, Fiscal Year 2022-23, as amended, the same being Ordinance # 15953, for the purpose of reallocating Department of Water Management Capital Improvement Plan funding for the Department of Water Management Parkwood Area Lift Station Consolidation Project.
Vote (Approved): 7/0
22. Proposed Water and Sewer Rates for FY 2023-2024
[A presentation was made at the May 4, 2023 City Council Work Session.]
To receive a presentation regarding the proposed Water and Sewer Rates for FY 2023-2024; and
To adopt an ordinance to change rates for water and sewer service, Section 1, Part 15-104 of the City’s fee schedule, effective July 1, 2023. Rates shall be applied to all bills issued after August 1, 2023.
Vote (Approved): 7/0
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| 23. Update to Contract 18648, with EMA Resources, Inc. for Handling and Disposal of Water and Wastewater Treatment Plant Residuals and Biosolids
To ratify Contract 18648 with EMA Resources, Inc. dated December 20, 2021 to continue as a 5-year service contract with an annual amount not to exceed $968,750 for typical recurring disposal needs;
To ratify Amendment #1 with EMA Resources, Inc. to continue for solids removal, landfilling and cleaning of 3 digesters at the NDWRF associated with the Phase 2 WRF Improvements construction project for a not to exceed cost of $1,100,000 and contract contingency funds of $100,000; and
To authorize the City Manager to execute amendments to the contract provided that the total contract cost does not exceed $6,043,750.
Vote (Approved): 7/0
The following items were disposed during the May 4, 2023 City Council Work Session:
- Agenda Item #25 – Affordable Housing Deep Dive Presentation from Triangle Apartment Association
[A presentation was made at the May 4, 2023 City Council Work Session.]
- Agenda Item #26 – 751 South Informational Item
[A presentation was made at the May 4, 2023 City Council Work Session.] |
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General Business Agenda
4. Approval of City Council Minutes
To approve the City Council minutes for the following meetings:
March 20, 2023 Regular Meeting, March 23, 2023 Work Session,
March 23, 2023 Special Meeting, April 3, 2023 Regular Meeting and April 6, 2023 Work Session. Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Council Members Freeman and Holsey-Hyman.
Vote (Approved): 5/2
24. Fiscal Year 2023-24 Proposed Budget and Fiscal Year 2024-29 Capital Improvement Plan (CIP)
To receive a presentation from the City Manager on the proposed Fiscal Year 2023-24 Budget and Fiscal Year 2024-29 Capital Improvement Plan (CIP).
Note: Presentation item only. No vote taken.
General Business Agenda - Public Hearings
27. Consolidated Annexation - Harlowe Point
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Harlowe Point' into the City of Durham effective June 30, 2023; and to authorize the City Manager to enter into a utility extension agreement with Lennar Carolinas, LLC.;
Vote (Approved): 7/0
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Planned Development Residential 4.001 (PDR 4.001), Falls/Jordan District-B (F/J-B), City Jurisdiction, and Residential Suburban-20 (RS-20), Falls/Jordan District-B (F/J-B), County Jurisdiction, and establishing the same as Planned Development Residential 3.949 (PDR 3.949), Falls/Jordan District-B (F/J-B), City Jurisdiction; and
Vote (Approved): 7/0
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote (Approved): 7/0
28. Consolidated Annexation - Carpenter Preserve
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing 'Carpenter Preserve' into the City of Durham effective June 30, 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, Johnson and Williams.Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.
Vote (Approved): 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 same as Residential Rural (RR), Falls/Jordan District - B (F/J-B), City Jurisdiction; and Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.
Vote (Approved): 4/3
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote (Approved): 7/0
Note:Council Member Holsey-Hyman departed the meeting after which received an adopted motion for an excused absence.
29. Consolidated Annexation - 751 South
The parcel(s) that make up this development are annexed into the corporate limits of the City of Durham effective June 3, 2023, pursuant to Session Law 2014-47, and the following motions are presented for Council’s consideration:
Motion #1: To authorize the City Manager to execute an amended utility extension agreement, that includes revised development plan committed elements, with Southern Durham Development, LLC, John A. Mitchell, individually, and Seven Five One Investments, LLC; Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Freeman, Johnson and Williams. Excused Absence: Council Member Holsey-Hyman.
Vote (Approved): 6/0
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Mixed Use with a Development Plan (MU(D)) and Residential Rural (RR), Recorded Utility Extension Agreement 1 (UEA 1), County Jurisdiction and establishing the same as Mixed Use with a Development Plan (MU(D)) and Residential Rural (RR), Amended Utility Extension Agreement 2 (UEA 2), City Jurisdiction, effective June 3, 2023; and Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Freeman, Johnson and Williams. Excused Absence: Council Member Holsey-Hyman.
Vote (Approved): 6/0
Or, if motion #1 is not approved:
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Mixed Use with a Development Plan (MU(D)) and Residential Rural (RR), Recorded Utility Extension Agreement 1 (UEA 1), County Jurisdiction and establishing the same as Mixed Use with a Development Plan (MU(D)) and Residential Rural (RR), Recorded Utility Extension Agreement 1 (UEA 1), City Jurisdiction, effective June 3, 2023; and
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote (Approved): 6/0
30. Consolidated Annexation - 901 and 903 Sherron Road
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance annexing '901 and 903 Sherron Road' into the City of Durham effective June 30, 2023; and to authorize the City Manager to enter into a utility extension agreement with The Drees Homes Company; Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Mayor O’Neal and Council Member Freeman. Excused Absence:Council Member Holsey-Hyman.
Vote (Approved): 4/2
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural (RR) and Residential Suburban - 20 (RS-20), Falls/Jordan District B (F/J-B), County Jurisdiction and establishing the same as Residential Suburban - 10 with a Textual Development Plan (RS-10(D)), Falls/Jordan District B (F/J-B), City Jurisdiction; and Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Mayor O’Neal and Council Member Freeman. Excused Absence:Council Member Holsey-Hyman.
Vote (Approved): 4/2
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605. Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Council Member Freeman. Excused Absence:Council Member Holsey-Hyman.
Vote (Approved): 5/1
31. FY2024 Stormwater Rates
[A presentation was made at the May 4, 2023 City Council Work Session.]
To receive a presentation on the Stormwater Fund and Rates;
To conduct a public hearing to receive public comment on the proposed FY2024 stormwater rates; and
To adopt an ordinance to change the Fee Schedule revising stormwater rates effective on July 1, 2023.
Vote (Approved): 6/0
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=583&doctype=1#mediaAndItemView "Read more details about this section") 12:34 a.m.