City Council · Regular Meeting · May 18, 2023

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\_Sir-0BxQSCeDB-dD9Z-UTA 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. Citizens Advisory Committee - Appointments

To appoint residents to fill two (2) vacancies on the Citizens Advisory Committee with the terms to expire on June 30, 2026.

(Due to the term expirations of Rachel A. Eberhard and Carl Newman)

2. Workforce Development Board - Appointment

To appoint a resident to fill one (1) vacancy on the Workforce Development Board representing Durham Public Schools with the term expiring on June 30, 2027.

(Due to the term expiration of Julie Pack)

3. Durham Open Space and Trails Commission - Appointments

To appoint residents to fill three (3) vacancies representing At-Large to the Durham Open Space & Trails Commission with the terms to expire on June 30, 2026.

(Due to the term expirations of Mohammad Q. Badsha, Shakira Campbell, and Melissa Southern)

4. 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 an At-Large Resident with the term to expire on June 30, 2026.

(Due to the term expirations of Juilee Malavade)

5. Human Relations Commission - Appointment

To appoint a resident to fill one (1) vacancy on the Human Relations Commission representing one (1) Caucasian/Non-Hispanic Person with the term to expire June 30, 2025.

(Due to the resignation of Thomas Cadwallader)

6. Durham Sports Commission - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Sports Commission with the term to expire on June 30, 2026.

(Due to the term expiration of Susan Scott)

7. Durham Cultural Advisory Board - Appointment

To reappoint Margaret E. McNab to the Durham Cultural Advisory Board with the term to expire on June 30, 2026.

(Due to the term expiration of Margaret E. McNab)

Finance Department

8. April 2023 Bid Report

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

Departmental Items

Audit Services Department

9. Disciplinary Actions Process Performance Audit April 2023

To receive the Disciplinary Actions Process Performance Audit approved at the April 24, 2023 Audit Services Oversight Committee meeting.

Budget and Management Services Department

10. Amendment to the FY 2022-23 Budget

To adopt a Budget Ordinance amending the City of Durham Budget Ordinance as amended, FY 2022-23, the same being Ordinance #16903.

City Manager's Office

11. Charter Amendment Renaming Triangle J Council of Governments to Central Pines Regional Council

To adopt a resolution ratifying, accepting and approving the amended charter resolution of Central Pines Regional Council (formerly Triangle J Council of Governments).

Community Development Department

12. Amerinational Community Services, LLC d/b/a AmeriNat (AmeriNat) for Affordable Housing Loan Portfolio Servicing Contract

To approve the selection of AmeriNational Community Services, LLC d/b/a AmeriNat (AmeriNat) as the Contractor to provide loan portfolio servicing of the Affordable Housing Loan Portfolio managed by the City of Durham, Community Development Department; and

To authorize the City Manager to execute a contract with AmeriNational Community Services, LLC d/b/a AmeriNat (AmeriNat) in the amount not to exceed $373,655 for the entire term of the contract including two (2) twelve (12) month options to renew the Affordable Housing Loan Portfolio Servicing Contract managed by the City of Durham, Community Development Department.

13. Second Amendment to the Contract with Housing for New Hope to Serve as the Unsheltered Coordinating Agency

To authorize the City Manager to execute the Second Amendment to the Contract with Housing for New Hope to Serve as the Unsheltered Coordinating Agency;

To extend the contract for one year, through March 31, 2024; and

To add $430,000 to the contract to increase the value from $1,075,000 to $1,505,000.

Finance Department

14. Annual Insurance Plan FY24

To authorize the City Manager or her designee to maintain the general insurance plan and modify it as needed, provided the modifications are consistent with the City's overall risk management and financial objectives;

To authorize the City Manager or her designee to purchase additional insurance throughout the year, as needed, for endorsements, lease/contract requirements, new programs, and builder’s risk insurance; and

To authorize the City Manager or her designee to expend an amount for all insurance premiums not to exceed $3,100,000 to maintain the annual insurance plan and make additional insurance purchases as needed beginning July 1, 2023.

General Services Department

15. Construction Contract with D.W. Ward Construction Company, Inc. for the Morgan Rigsbee Parking Garage Suite 103 Tenant Upfit

To authorize the City Manager to execute a contract with D.W. Ward Construction Company, Inc. for the Morgan Rigsbee Parking Garage Suite 103 Tenant Upfit in the amount of $345,000;

To establish a contingency fund for the contract in the amount of $69,000; and

To authorize the City Manager to negotiate and execute change orders to the contract, provided the total contract cost does not exceed $414,000.

16. North Carolina Department of Environmental Quality Volkswagen Settlement Fast Charger Replacement Grant Project Ordinance and Financial Assistance Agreement

To adopt the Volkswagen Settlement City of Durham Fast Charger Replacement Grant Project Ordinance; and

To authorize the City Manager to execute the financial assistance agreement with the North Carolina Department of Environmental Quality and other documents required or appropriate in order for the City to receive the grant and to undertake the project.

17. Fellowship Placement Agreement between the City of Durham and Fuse Corps for Designing Equitable Strategies for Vehicle Electrification

To authorize the City Manager to execute the Second Amendment to the Fellowship Placement Agreement between the City of Durham and FUSE Corps, a California Non-profit Corporation, which incorporates into the main agreement details of the vehicle electrification project; and

To authorize the City Manager to execute the FUSE Corps Individual Placement Agreement in an amount not to exceed $80,000 for an Executive Fellow to help design equitable strategies for vehicle electrification.

18. Construction Contract with Eagle Solar & Light, LLC for Design and Installation of Photovoltaic Electrical Generation Systems at Water Management Mist Lake Facility

To authorize the City Manager to execute a construction contract with Eagle Solar & Light, LLC for design and installation of Photovoltaic Electrical Generation Systems at the Water Management Department Mist Lake Facility, in the amount of $827,389;

To establish a contingency fund for the contract in the amount of $80,000; and

To authorize the City Manager to negotiate and execute change orders to the construction contract, provided that the total project cost does not exceed $907,389.

19. Change Order #1 to the Construction Contract with Bar Construction Company, Inc. for the Athletic Court Renovations – Piney Wood Park Pickleball Project

To authorize the City Manager to execute change order #1 to the construction contract for the Athletic Court Renovations - Piney Wood Park Pickleball Project with Bar Construction Company, Inc. in the amount of $269,383, for a total contract cost not to exceed $747,023.

20. Request for Qualifications for Redevelopment of 505 W. Chapel Hill Street

To authorize the City Manager to issue the Request for Qualifications to solicit interest from qualified development partners; and

To authorize the City Manager to make modifications to the Request for Qualifications if necessary to receive responses more aligned with the City's six redevelopment goals.

Office of Economic and Workforce Development

21. Contract Agreement with M-Cubed & Co.Global LLC to Provide Economic Development Consulting Services to Create a Business Registry & Legacy Program

To authorize the City Manager to execute a contract agreement with M-Cubed & Co. Global LLC in an amount not to exceed $148,000 to provide economic development consulting services to create a Business Registry & Legacy Program.

Police Department

22. [2023 First Quarter Crime Report [20 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=584&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the 2023 First Quarter Crime Report; and

To receive the 2023 First Quarter Crime Report.

Public Works Department

23. Duke Blanket Stormwater Control Measure Easement Agreement

To approve the Blanket Stormwater Control Measure Access and Maintenance Easement Agreement between Duke University and the City of Durham;

To authorize the City Manager to execute the Blanket Stormwater Control Measure Access and Maintenance Easement Agreement between Duke University and the City of Durham; and

To authorize the City Manager to review and approve additional parcels proposed for inclusion or exclusion in the Blanket Stormwater Control Measure Access and Maintenance Easement Agreement.

24. Construction Contract with Prism Contractors, Inc. for Trenchless Pipe Repairs (SD-2023-03) and Stormwater Capital Improvement Project Ordinance Amendment

To authorize the City Manager to execute Contract SD-2023-03, Trenchless Pipe Repairs, with Prism Contractors, Inc. in the amount of $480,100;

To establish a contingency fund in the amount of $72,014;

To authorize the City Manager to negotiate change orders for Contract SD-2023-03 provided that the total contract cost does not exceed $552,114; and

To adopt an ordinance amending the Stormwater Capital Improvements Plan Project Ordinance, Fiscal Year 2022-23, as amended, the same being Ordinance #16083, for the purpose of reallocating Stormwater Capital Improvement Plan funding for the Department of Public Works Contract SD-2023-03, Trenchless Pipe Repairs project.

Solid Waste Department

25. Contract with WM Recycle America, L.L.C. for Recycling Processing and Marketing of Recyclable Materials

To authorize the City Manager to execute the Contract between the City of Durham and WM Recycle America, L.L.C. for Processing and Marketing Recyclable Materials for an amount not to exceed $4,500,000.

Technology Solutions Department

26. First Amendment to the Contract with Lexair Electronics Sales Corporation for Completion of Last Mile Fiber Construction

To authorize the City Manager to execute the First Amendment to the Contract between the City of Durham and Lexair Electronics Sales Corporation for Completion of Last Mile Fiber Construction at an additional City facility for an amount not to exceed $94,279.30;

To establish a contingency fund in the amount of $14,141.90; and

To authorize the City Manager to negotiate and execute change orders and additional amendments to the contract, provided that the total cost of the contract together with all amendments and change orders does not exceed $108,421.20.

27. First Amendment to the Contract with G & S Communications and Technical Services, Inc. for Completion of Last Mile Fiber Construction

To authorize the City Manager to execute the First Amendment to the Contract between the City of Durham and G & S Communications and Technical Services, Inc. for Completion of Last Mile Fiber Construction at three additional City facilities for an amount not to exceed $157,615;

To establish a contingency fund in the amount of $23,645; and

To authorize the City Manager to negotiate and execute change orders and additional amendments to the contract, provided that the total cost of the contract together with all amendments and change orders does not exceed $181,260.

Transportation Department

28. Comprehensive Participation Agreement for the Implementation of the Durham County Transit Plan

To resolve that the City Manager be authorized to execute the Comprehensive Participation Agreement for the Implementation of the Durham County Transit Plan.

Water Management Department

29. Memorandum of Agreement for the Western Intake Partnership – Amendment #2

To authorize the City Manager to execute Amendment #2 to the Memorandum of Agreement for the Western Intake Partnership.

30. Change Order No. 2 with T.A. Loving Company for Construction of the South Durham Water Reclamation Facility Process Improvements Phase 2 Project

To authorize the City Manager to execute Change Order No 2. with T.A. Loving Company for construction of the South Durham Water Reclamation Facility Process Improvements Phase 2 Project in the amount of $1,014,335.03; and

To authorize the City Manager to negotiate and execute modifications to the contract provided the total cost of the contract together with all modifications do not exceed $18,304,344.03, including contingency funds.

31. Award of Professional Engineering Services Contract with Brown and Caldwell, Inc. for the Forest Hills Park Sewer Improvements Project

To authorize the City Manager to execute a contract with Brown and Caldwell, Inc. for professional engineering services for the Forest Hills Park Sewer Improvements project in the amount of $926,768;

To establish a contingency fund for the contract in the amount of $92,676.80; and

To authorize the City Manager to negotiate and execute change orders for the contract provided that the total project cost do not exceed $1,019,444.80.

32. Change Order No. 2 - Brady Integrated Security, Inc. for the Site and Building Security System at the Department of Water Management Facility Complex Phase II

To authorize the City Manager to execute a contract change order with Brady Integrated Security, Inc. for the purchase and installation of electronic access control and security equipment for the Department of Water Management Facility Complex Phase II utilizing an existing competitive bidding group purchasing program contract as authorized by the G.S. - 143-129 (e)(3) in the amount of $238,375.59, for a total contract amount of $864,491.62;

To provide additional contingency funds for the contract in the amount of $26,382.97; and

To authorize the City Manager to negotiate and execute change orders for the contract provided the cost of all change orders together with the original contract amount do not exceed $890,874.59.

Presentations

City Manager's Office

33. [Carver Creek Supportive Housing Acquisition [30 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=584&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation from Housing for New Hope on the Carver Creek Apartments Acquisition.

Finance Department

34. [FY 2022-23 Third Quarter Financial Report [15 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=584&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the FY 2022-23 Third Quarter Financial Report.

Office of Economic and Workforce Development

35. [Downtown Durham Municipal Service District Annual Report [15 minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=584&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation regarding the Downtown Durham Municipal Service District annual report pursuant to North Carolina G.S. 160A-536.

Public Hearings

Budget and Management Services Department

36. Public Hearing for the City Manager's Proposed Fiscal Year 2023-2024 Budget and Fiscal Year 2024-2029 Capital Improvement Plan (CIP)

To conduct a public hearing to receive comments regarding the City Manager's proposed Fiscal Year 2023-2024 Budget and Fiscal Year 2024-2029 Capital Improvement Plan.

City-County Planning Department

37. Consolidated Annexation – 418 Clayton Road

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing '418 Clayton Road' into the City of Durham effective June 30, 2023; and to authorize the City Manager to enter into a utility extension agreement with Property Resolution Services, LLC;

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-10 (RS-10), Falls/Jordan District B (F/J-B), County Jurisdiction and establishing the same as Residential Suburban-10 (RS-10), Falls/Jordan District B (F/J-B), City Jurisdiction; and

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.

38. Consolidated Annexation - L Parcel

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing 'L Parcel' into the City of Durham effective June 30, 2023; and to authorize the City Manager to enter into a utility extension agreement with The CSC Group, L.L.C; and

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural (RR), Industrial (I), Falls/Jordan Lake Watershed Protection District - B (F/J-B) and establishing the same as Planned Development Residential 3.950 (PDR 3.950), Falls/Jordan Lake Watershed Protection District - B (F/J-B); and

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.

39. Consolidated Zoning Map Change - Streets at Southpoint Mall II

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To authorize the City Manager to execute a utility extension agreement with Southpoint Phase A Development LLC;

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Commercial Center with a Development Plan (CC(D)), Residential Rural (RR), Major Transportation Corridor Overlay (MTC), Falls/Jordan District-B Overlay (F/J-B) and establishing the same as Commercial Center with a Development Plan (CC(D)), Major Transportation Corridor Overlay (MTC), Falls/Jordan District-B Overlay (F/J-B); and

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.

Office of Economic and Workforce Development

40. Public Hearing and Economic Development Incentive Agreement with Eagle Landing Partners LLC

To authorize a public hearing on the economic development incentive agreement per G.S. 158-7.1; and

To authorize the City Manager to execute an economic development incentive agreement with Eagle Landing Partners LLC in an amount not to exceed $500,000 for building renovation project (Scarborough House) 1406 Fayetteville Street, Durham, NC.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=584&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.