Durham City Council Action Agenda

Present: Mayor Leonardo Williams Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Nate Baker Javiera Caballero Chelsea Cook DeDreana Freeman Carl Rist Absent:None.

Consent Agenda

1. APPROVAL OF CITY COUNCIL MINUTES

To approve the City Council Minutes for the following meetings: Minutes from the 3/3/25 Regular Meeting; 3/6/25 Work Session; 3/17/25 Regular Meeting, and 3/20/25 Work Session.

Vote: 7/0

2. CAROLINA THEATRE OF DURHAM BOARD OF TRUSTEES - APPOINTMENT

To reappoint Tynetta Walker 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, 2028.

(Due to the term expiration of Tynetta Walker)

Vote: 7/0

3. PROPOSED CITY-COUNTY PLANNING DEPARTMENT FY26 WORK PROGRAM

To approve the proposed City-County Planning Department FY26 Work Program.

Vote: 7/0

4. EXECUTE THE AGREEMENT BETWEEN THE CITY OF DURHAM AND LEGAL AID OF NORTH CAROLINA, INC.

To authorize the City Manager to execute the Agreement Between the City of Durham and Legal Aid of North Carolina, Inc. in an amount not to exceed $245,000 to administer the Durham Expunction and Restoration (DEAR) program for Fiscal Year 2024-25; and

To authorize the City Manager to execute five subsequent one-year renewals at a not to exceed amount as appropriated in the annual budget of the City. [Approved by Vote: 6/0/1]Ayes: Mayor Williams, Mayor Pro Tem Middleton, Council Members Baker, Caballero, Freeman, Rist.Noes: None.Recusal: Council Member Cook.

5. RACIAL EQUITY COMMISSION 2024 ANNUAL REPORT

To receive a presentation of the Racial Equity Commission 2024 Annual Report; and

[A presentation was made during the May 8, 2025 Work Session.]

To receive the City-County Racial Equity Commission 2024 Annual Report.

Vote: 7/0

6. CONDEMNATION ACTION TO OBTAIN ONE SANITARY SEWER EASEMENT AT 8220 NC HIGHWAY 751 FOR THE STAGECOACH FORCE MAIN SEWER PROJECT

To adopt the Resolution Authorizing the Condemnation of a Portion of 8220 NC Highway 751 for the Stagecoach Force Main Sewer Project.

Vote: 7/0

7. REQUEST FOR TEMPORARY CONSTRUCTION EASEMENTS AT 1507 GOODWIN ROAD AND 1615 INFINITY ROAD FOR THE GOODWIN CROSSING DEVELOPMENT

To authorize the conveyance of two temporary construction easements for $6,035 to Eagle Land LLC or its successor in title for the construction of the Goodwin Crossing project;

To authorize the City Manager to convey the temporary construction easements via a non-warranty deed once work in the temporary construction easements is scheduled to begin; and

To authorize depositing the sale proceeds into 0100-668900.

Vote: 7/0

8. CONDEMNATION ACTION TO OBTAIN ONE TEMPORARY CONSTRUCTION EASEMENT AT 3100/3106 N. DUKE STREET FOR THE SW-50D NORTH DUKE STREET PEDESTRIAN IMPROVEMENTS PROJECT

To adopt the Resolution Authorizing Condemnation of a Portion of 3100/3106 N. Duke Street for the SW-50D North Duke Street Pedestrian Improvements Project.

Vote: 7/0

9. CONDEMNATION ACTION TO OBTAIN ONE TEMPORARY CONSTRUCTION EASEMENT AND ONE PERMANENT RIGHT-OF-WAY EASEMENT ON 4245 N. ROXBORO STREET FOR SW-50D NORTH DUKE STREET PEDESTRIAN IMPROVEMENTS PROJECT

To adopt the Resolution Authorizing the Condemnation of Portions of 4245 N. Roxboro Street for the SW-50D North Duke Street Pedestrian Improvements Project.

Vote: 7/0

10. CONDEMNATION ACTION TO OBTAIN ONE TEMPORARY CONSTRUCTION EASEMENT AT 4401 N. ROXBORO STREET FOR SW-50D NORTH DUKE STREET PEDESTRIAN IMPROVEMENTS PROJECT

To adopt the Resolution Authorizing the Condemnation of a Portion of 4401 N. Roxboro Street for the SW-50D North Duke Street Pedestrian Improvements Project.

Vote: 7/0

11. CONDEMNATION ACTION TO OBTAIN ONE SANITARY SEWER EASEMENT AT 8216 NC HIGHWAY 751 FOR THE STAGECOACH FORCE MAIN SEWER PROJECT

To adopt the Resolution Authorizing the Condemnation of a Portion of 8216 NC Highway 751 for the Stagecoach Force Main Sewer Project.

Vote: 7/0

12. DURHAM PARKS AND RECREATION OUTDOOR AQUATICS CENTER CONSTRUCTION MANAGER AT RISK (CMAR) CONTRACT WITH CLANCY & THEYS CONSTRUCTION CO. / THE DANIELE COMPANY L.L.C.P, AS A JOINT VENTURE. – 2024 BOND REFERENDUM PROJECT

To adopt the resolution finding that the use of construction manager at risk (CMAR) services is in the best interest of the Durham Parks and Recreation (DPR) Outdoor Aquatics Center project as determined by the City pursuant to N.C.G.S. 143-128.1(e);

To adopt the resolution approving the prequalification process for the DPR Outdoor Aquatics Center consistent with the requirements of N.C.G.S. 143-128.1(c); and

To authorize the City Manager to negotiate and execute a CMAR contract with Clancy & Theys Construction Co. / The Daniele Company L.L.C., a Joint Venture for preconstruction services for the DPR Outdoor Aquatics Center project for an amount not to exceed $338,500.

Vote: 7/0

13. DESIGN-BUILD SERVICES CONTRACT WITH OHG CONSTRUCTION LLC FOR HILLANDALE GOLF COURSE DRIVING RANGE AND PUTTING AREA RENOVATION

To adopt the resolution accepting the monetary donation from Amerazil Golf, L.L.C.; DBA Hillandale Golf Course (Federal ID #45-3639750) for the Hillandale Golf Course Driving Range and Putting Area Renovation in the amount of $100,000;

To adopt an ordinance amending the General Capital Improvements Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance #16459 for the purpose of accepting a donation to the Hillandale Golf Course;

To adopt the resolution finding that the use of a design-build project delivery method for the Hillandale Golf Course Driving Range and Putting Area Renovation Project is in the best interest of the City;

To authorize the City Manager to execute a design-build contract with OHG Construction LLC for the preliminary design and preconstruction services for the Hillandale Golf Course Driving Range and Putting Area Renovation Project for the amount not to exceed $50,000;

To authorize the City Manager to execute a design-build amendment with OHG Construction LLC for the construction of the Hillandale Golf Course Driving Range and Putting Area Renovation Project, if the City Manager accepts the design-build proposal, provided the total construction cost does not exceed $830,527, for a total, revised design-build contract amount of $880,527;

To establish a contingency fund in the amount of $44,026; and

To authorize the City Manager to negotiate and execute modifications to the design-build contract documents, for design and construction services, provided the total amount, together with all modifications, does not exceed $924,553.

Vote: 7/0

14. ACQUISITION OF 708 AND 716 BUREN ROAD (REID #193188 AND #193187) FOR THE FUTURE EXPANSION OF LAKE MICHIE

To approve the acquisition of approximately 8.12 acres of land from the Mildred Young Ellis Revocable Trust, Trustee Mildred Young Ellis located at 708 and 716 Buren Road (REID #193188 and #193187) for $510,000.

Vote: 7/0

15. CONTRACT FOR CREATIVE ENGAGEMENT TEAM SERVICES BETWEEN THE CITY OF DURHAM, R STEIN WEXLER LLC AND KEEP DURHAM BEAUTIFUL, INC.

To authorize the City Manager to execute a trilateral contract with R Stein Wexler LLC and Keep Durham Beautiful, Inc. in an amount not to exceed $89,000.

Vote: 7/0

16. DURHAM PARKS AND RECREATION OUTDOOR AQUATICS CENTER DESIGN CONTRACT WITH PERKINS & WILL, INC. - 2024 BOND REFERENDUM PROJECT

To authorize the City Manager to execute a design contract for the Durham Parks and Recreation (DPR) Outdoor Aquatics Center with Perkins & Will, Inc. in an amount not to exceed $3,940,571;

To establish a contingency fund in the amount of $394,057; and

To authorize the City Manager to negotiate and execute modifications to the design contract for the DPR Outdoor Aquatics Center, provided that the total contract amount including existing contingency funds does not exceed $4,334,628.

Vote: 7/0

17. CONTRACT AGREEMENT WITH M-CUBED & CO. GLOBAL LLC TO PROVIDE ECONOMIC DEVELOPMENT CONSULTING SERVICES TO IMPLEMENT A BUSINESS REGISTRY & LEGACY PROGRAM

To authorize the City Manager to execute a contract agreement with M-Cubed & Co. Global LLC that does not exceed $271,000 to provide economic development consulting services to implement a Business Registry & Legacy Program.

Vote: 7/0

18. RESOLUTION APPROVING THE CONVEYANCE OF SKATE PARK AMENITIES TO THE SCRAP EXCHANGE, INC. PURSUANT TO G.S. 160A-280

To adopt a Resolution approving the conveyance of skate park amenities to The Scrap Exchange, Inc. pursuant to G.S. 160A-280.

Vote: 7/0

19. INTERLOCAL AGREEMENT WITH DURHAM COUNTY FOR JOINT PUBLIC HEALTH PROGRAMS

To resolve that the City Manager be authorized to execute an interlocal agreement between the City of Durham and Durham County for Joint Public Health Programs.

Vote: 7/0

20. AMENDMENT NO. 3 TO PROFESSIONAL SERVICES CONTRACT SW-47D MORREENE ROAD BIKE AND PEDESTRIAN IMPROVEMENTS (TIP# C-4928)

To authorize the City Manager to execute Amendment No. 3 to Professional Services Contract SW-47D Morreene Road Bike and Pedestrian Improvements with Kimley-Horn and Associates, Inc. in the amount of $131,917.36 for a revised, total contract amount not to exceed $1,501,745.25.

To establish a contingency fund in the amount of $40,000; and

To authorize the City Manager to negotiate and execute modifications to professional services Contract SW-47D Morreene Road Bike and Pedestrian Improvements, provided that the total cost of the contract together with all modifications does not exceed $1,541,745.25.

Vote: 7/0

21. SECOND AMENDMENT TO THE CONTRACT WITH ORACLE ELEVATOR HOLDCO, INC. FOR ELEVATOR MAINTENANCE AND REPAIR SERVICES

To authorize the City Manager to execute the Second Amendment to Contract for Citywide Elevator Maintenance and Testing Services for Facilities Maintained by the General Services Department with Oracle Elevator Holdco, Inc. in the amount of $183,398 for a revised, total contract amount not to exceed $431,348.

To authorize the City Manager to negotiate and execute modifications to the Contract for Citywide Elevator Maintenance and Testing Services for Facilities Maintained by the General Services Department, provided that the total contract amount including existing contingency funds of $22,619 does not exceed $431,348.

Vote: 7/0

22. CONTRACT AMENDMENT NO. 3 TO PROFESSIONAL ENGINEERING SERVICES CONTRACT NO. 14463 WITH CDM SMITH INC. FOR THE FAYETTEVILLE ROAD LIFT STATION AND FORCE MAIN UPGRADE PROJECT

To authorize the City Manager to execute an amendment to the Fayetteville Road Lift Station and Force Main Upgrade Project with CDM Smith Inc. for professional engineering services in an amount not to exceed $3,349,381, increasing the total contract amount to $8,003,968;

To establish additional contingency funds for the contract in the amount not to exceed $28,500, increasing the total amount to $334,900; and

To authorize the City Manager to negotiate and execute modifications to the Fayetteville Road Lift Station and Force Main Upgrade Project, provided that the total contract amount including existing contingency funds does not exceed $8,338,868.

Vote: 7/0

23. CONTRACT AMENDMENT NO. 1 TO PROFESSIONAL ENGINEERING SERVICES CONTRACT NO. 19941 WITH BROWN AND CALDWELL, INC. FOR THE FOREST HILLS PARK SEWER IMPROVEMENTS PROJECT

To authorize the City Manager to execute an amendment to the Forest Hills Park Sewer Improvements Project with Brown and Caldwell, Inc. for professional engineering services in the amount not to exceed $1,536,100, increasing the total contract amount to $2,462,868;

To establish additional contingency funds for the contract in the amount not to exceed $60,933, increasing the total amount to $153,609.80; and

To authorize the City Manager to negotiate and execute modifications to the Forest Hills Park Sewer Improvements Project provided that the total contract amount including contingency funds does not exceed $2,616,477.80.

Vote: 7/0

General Business Agenda

24. FISCAL YEAR 2025-26 PROPOSED BUDGET AND FISCAL YEAR 2026-31 CAPITAL IMPROVEMENT PLAN (CIP)

To receive a presentation from the City Manager on the proposed Fiscal Year 2025-26 and Fiscal Year 2026-31 Capital Improvement Plan (CIP). [No vote taken.]

27. RESOLUTION IN OPPOSITION TO HOUSE BILL 765 AN ACT TO REFORM LOCAL GOVERNMENT DEVELOPMENT REGULATIONS NORTH CAROLINA

To adopt the Resolution in Opposition to House Bill 765 an Act to Reform Local Government Development Regulations North Carolina.

Vote: 7/0

General Business Agenda - Public Hearings

25. CONSOLIDATED ANNEXATION – DANUBE LANE TOWNHOUSES

To conduct a public hearing to receive comments and consider the following motions:

Motion 1: To adopt an ordinance annexing 'Danube Lane Townhouses' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Brightside Ventures, LLC;

Vote: 6/1 — Noes: Council Member Baker

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Suburban-20, Falls/Jordan District B Watershed Overlay, county jurisdiction and establishing the same as Planned Development Residential 7.813, Falls/Jordan District B Watershed Overlay, city jurisdiction;

Vote: 7/0

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

Vote: 7/0

26. CONSOLIDATED ZONING MAP CHANGE – BRIER CREEK MULTIFAMILY

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 Residential Rural and Residential Suburban-10 establishing the same as Planned Development Residential 25.000;

Vote: 7/0

Motion 2: To authorize the City Manager to enter into a utility extension agreement with MONTS Ridge LLC;

Vote: 7/0

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

Vote: 7/0

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=694&doctype=1#mediaAndItemView "Read more details about this section"): 10:12 PM\]