City Council · Regular Meeting · May 20, 2024

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. DURHAM CITY-COUNTY ENVIRONMENTAL AFFAIRS BOARD - APPOINTMENT

To appoint Tamar H. Schlekat to the Durham City-County Environmental Affairs Board representing At-Large with the term to expire on June 1, 2027.

(Due to the term expiration of Wafa H. Khalil)

Vote: 7/0

2. DURHAM AFFORDABLE HOUSING IMPLEMENTATION COMMITTEE - APPOINTMENT

To appoint Tavion R. Hill to the Durham Affordable Housing Implementation Committee representing the category of Former Homeless Person with the term to expire September 21, 2026.

(Due to the term expiration of Rita R. McDaniel)

Vote: 7/0

3. DURHAM CONVENTION & VISITORS BUREAU (DISCOVER DURHAM) - APPOINTMENT

To appoint Sean Umstead to the Durham Convention & Visitors Bureau (Discover Durham) representing the category of Food Service with the term to expire on October 31, 2024.

(Due to the resignation of Aubrey D. Zinaich)

Vote: 7/0

4. DURHAM CONVENTION & VISITORS BUREAU (DISCOVER DURHAM) - MAYORAL APPOINTMENT

To appoint Crystal E. Taylor to the Durham Convention & Visitors Bureau (Discover Durham) representing Mayor's Appointee - Major Employer/University/Meeting Planner with the term to expire on October 31, 2025.

(Due to the resignation of Michael D. Page)

Vote: 7/0

5. APPROVAL OF CITY COUNCIL MINUTES

To approve the City Council minutes for the following meetings: 3/18/24 Regular Meeting; 3/21/24 Work Session; 4/1/24 Regular Meeting and 4/4/24 Work Session.

Vote: 7/0

6. MARCH 2024 BID REPORT

To receive a report on the bids that were acted upon by the City Manager in March 2024.

Vote: 7/0

7. AMERICAN RESCUE PLAN ACT (ARPA) PERFORMANCE AUDIT REPORT APRIL 2024

To receive the American Rescue Plan Act (ARPA) Performance Audit approved at the April 22, 2024 Audit Services Oversight Committee meeting.

Vote: 7/0

8. U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM GRANT OFFER 3-37-0056-066-2024

To accept the U.S. Department of Transportation - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Offer 3-37-0056-066-2024 (Grant 66), in the amount of $15,000,000; and

To authorize the City Manager to execute the associated Grant Agreement.

Vote: 7/0

9. CITY-COUNTY PLANNING DEPARTMENT FY25 WORK PROGRAM

To approve the City-County Planning Department FY25 Work Program.

Vote: 7/0

10. AMERICAN RESCUE PLAN ACT (ARPA) FUNDS - RESOLUTION PROVIDING APPROVAL OF A MULTIFAMILY HOUSING FACILITY TO BE KNOWN AS SANKOFA LANDING 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 Sankofa Landing in the City of Durham, North Carolina; and

To approve the financing thereof with multifamily housing revenue bonds in an aggregate amount not to exceed $28,000,000.

Vote: 7/0

11. RESOLUTION CONFIRMING 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 IN AN AMOUNT NOT TO EXCEED $27,861,000

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 aggregate amount not to exceed $27,861,000.

Vote: 7/0

12. APPROVAL OF DURHAM COMMUNITY LAND TRUSTEES INC. TO RECEIVE A FORGIVABLE PERMANENT CONSTRUCTION LOAN TO REHABILITATE SUBSTANDARD RENTAL UNITS IN NORTHEAST CENTRAL DURHAM AND EXECUTION OF THE CONSTRUCTION FINANCING COMMITMENT LETTER

To approve the selection of Durham Community Land Trustees Inc. to receive a Forgivable Permanent Construction Loan to rehabilitate five (5) substandard rental housing units in Northeast Central Durham; and

To authorize the City Manager to execute a Commitment Letter between Durham Community Land Trustees Inc. and the City of Durham in the amount of $1,000,000 in Dedicated Housing Funds to rehabilitate substandard rental housing units in Northeast Central Durham.

Vote: 7/0

13. 2022 CONTINUUM OF CARE (COC) PROGRAM GRANT PROJECT ORDINANCE

To adopt the U.S. Department of Housing and Urban Development (HUD) 2022 Continuum of Care (CoC) Program Grant Number (FAIN): NC0505L4F022200 Grant Project Ordinance (GPO) in the amount of $61,868 and Authorization to Execute Grant Agreement.

Vote: 7/0

14. CONTRACT FOR LOCUTION SYSTEMS INC. SERVICES AGREEMENT

To authorize the City Manager to execute a contract with Locution Systems Incorporated for the Computer Aided Dispatch (CAD) hardware and software maintenance subscription services for 3 years with a total contract amount of $59,016.

Vote: 7/0

15. 2024 GENERAL OBLIGATION BOND REFERENDUM

To adopt a resolution directing the publication of notice of intention to apply to the Local Government Commission (LGC) for approval of the bonds; and

To adopt a resolution authorizing the Finance Director to apply to the LGC for approval of the City's proposed GO bond financing and making certain statements of fact.

Vote: 7/0

16. COOPERATIVE GROUP PURCHASE CONTRACT– STREET SWEEPER

To authorize the City Manager to execute a contract with Joe Johnson Equipment, LLC of Monroe, NC for the purchase of one (1) Street Sweeper for a total amount of $361,056.

Vote: 7/0

17. COOPERATIVE GROUP PURCHASE CONTRACT– BUCKET TRUCK

To authorize the City Manager to execute a contract with Altec Industries, Inc. of Birmingham, Alabama for the purchase of one (1) Bucket Truck for a total amount of $320,620.

Vote: 7/0

19. INTENT TO DECLARE PROPERTY AS SURPLUS

To receive a presentation on the Real Property Inventory & Analysis; and

[A presentation was made during the May 9, 2024 City Council Work Session]

To declare as surplus City-owned property located at: 5412 Fayetteville Road (147700), 5416 Fayetteville Road (147699), 5418 Fayetteville Road (147698), 5420 Fayetteville Road (147697), 5421 Fayetteville Road (147696), 5426 Fayetteville Road (147695), 103 S. Driver Street (112295), 111 East Seminary Avenue (110432), 4238 University Drive (195741), 410 N. Roxboro Street (110551), 412 N. Roxboro Street (110550), 414 N. Roxboro Street (110549), 416 N. Roxboro Street (110548), 400 East Enterprise Street (115262), 4020 Cheek Road (170535), 709 East Maynard Avenue (128979), 152 Glen Eden Road (149513), and 9303 NC 751 Highway (223958).

Vote: 7/0

20. AMERICAN RESCUE PLAN ACT (ARPA) REVENUE REPLACEMENT PROJECT – FAYETTEVILLE STREET CORRIDOR IMPROVEMENTS

To authorize the City Manager to execute a grant agreement with Hayti Promise Community Development Corporation and Saint Joseph's Historic Foundation, Inc. in an amount not to exceed $6,755,000.

Vote: 7/0

21. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – FAYETTEVILLE STREET CORRIDOR IMPROVEMENTS

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Hayti Promise Community Development Corporation and Saint Joseph's Historic Foundation, Inc. in an amount not to exceed $3,245,000.

Vote: 7/0

22. CONTRACT WS-87C INSPECTION AND OMBUDSPERSON SERVICES FOR PETITION WATER/SEWER ON STALLINGS AND GEER

To authorize the City Manager to execute a professional services contract for WS-87C Inspection and Ombudsperson Services for Petition Water/Sewer on Stallings and Geer with Qunity, P.A. in the amount not to exceed $425,245;

To establish a contingency fund in the amount of $42,524.50; and

To authorize the City Manager to negotiate and execute modifications to WS-87C Inspection and Ombudsperson Services for Petition Water/Sewer on Stallings and Geer provided that the total cost of the contract together with all modifications does not exceed $467,769.50.

Vote: 7/0

23. CONTRACT WS-87 PETITION WATER AND SEWER ON STALLINGS AND GEER

To authorize the City Manager to execute a construction contract for WS-87 Petition Water and Sewer on Stallings and Geer with J.F. Wilkerson Contracting Company, Inc. in an amount not to exceed $2,500,271;

To establish a contingency fund in the amount of $375,040.65; and

To authorize the City Manager to negotiate and execute modifications to WS-87 Petition Water and Sewer on Stallings and Geer, provided that the total cost of the contract together with all modifications does not exceed $2,875,311.65.

Vote: 7/0

24. RESOLUTION ACCEPTING THE LOCAL ASSISTANCE FOR STORMWATER INFRASTRUCTURE INVESTMENT GRANT AWARD FROM THE AMERICAN RESCUE PLAN ACT FOR THE SOUTH ELLERBE STORMWATER RESTORATION PROJECT

To adopt the Resolution Accepting the Capital Improvement Project Grant from the Local Assistance for Stormwater Infrastructure Investment (LASII) grant award from the American Rescue Plan Act (ARPA) for the South Ellerbe Stormwater Restoration Project; and

To Authorize the City Manager to negotiate and execute a grant agreement with the State of North Carolina Department of Environmental Quality, Division of Water Infrastructure, and associated documents.

Vote: 7/0

25. UTILITY EXTENSION AGREEMENT WITH HEALTHY START EDUCATION, INC. TO SERVE THE HEALTHY START EDUCATIONAL FACILITY

To authorize the City Manager to enter into a utility extension agreement with Healthy Start Education, Inc. to serve the Healthy Start Educational Facility.

Vote: 7/0

26. EGI STORMWATER BASIN AND RETROFIT OPPORTUNITY EVALUATIONS (SQ-2024-01)

To authorize the City Manager to execute the Contract SQ-2024-01, EGI Stormwater Basin and Retrofit Opportunity Evaluations, with The John R. McAdams Company, Incorporated in an amount not to exceed $1,563,200;

To establish a contingency fund in the amount of $187,584; and

To authorize the City Manager to negotiate and execute modifications to Contract SQ-2024-01, provided that the contract cost amount including existing contingency funds does not exceed the total project cost of $1,750,784.

Vote: 7/0

27. RESOLUTION TO SUPPORT THE UPPER NEUSE RIVER BASIN ASSOCIATION (UNRBA) FY2025 BUDGET

[A presentation was made during the May 9, 2024 City Council Work Session]

To receive a presentation regarding UNRBA activities;and

To adopt the resolution supporting the UNRBA FY2025 budget of $966,700.00, with the City of Durham contributing $212,129.18.

Vote: 7/0

28. CONTRACT WITH WILDLANDS ENGINEERING, INC. FOR THE SOUTHEAST DURHAM WATERSHED IMPROVEMENT PLAN – SP-2023-01

To authorize the City Manager to execute the Contract for the Southeast Durham Watershed Improvement Plan (SP-2023-01) with Wildlands Engineering, Inc. in an amount not to exceed $2,860,091.48;

To adopt an Ordinance amending the Stormwater Capital Improvements Project Ordinance, the same being Ordinance #16165, for the purpose of adding additional funding to project LK102 via the Interlocal Agreement for the Southeast Durham Watershed Improvement Plan with Durham County;

To establish a contingency fund for the City in the amount of $150,956.01 and a contingency fund for the County from the Interlocal Agreement in the amount of $63,550.85; and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders and the contract does not exceed the total project cost of $3,074,598.34.

Vote: 7/0

29. AMENDMENT #5 TO CONTRACT #19904 (ASSIGNMENT AGREEMENT FOR THE MANAGEMENT AND OPERATIONS OF THE GODURHAM ACCESS SERVICE)

To authorize the City Manager to execute Amendment #5 to the contract with National Express Transit Corporation for the Management and Operations of the GoDurham ACCESS Service not to exceed $13,684,332;

To authorize the City Manager to execute Option Year 2 extending the contract with National Express Transit Corporation to August 31, 2025; and

To authorize the City Manager to extend the subcontractor amendment agreement with UZURV Holdings, Inc. for continued on-demand services to August 31, 2025.

Vote: 7/0

30. FY 2025 DURHAM COUNTY TRANSIT WORK PROGRAM FUNDING AGREEMENTS

To authorize the City Manager to execute the Operating Funding Agreement for Operations and Administration Projects included in the FY 2025 Durham County Transit Work Program;

To authorize the City Manager to execute the Capital Funding Agreement for Capital Infrastructure Projects included in the FY 2025 Durham County Transit Work Program; and

To authorize the City Manager to execute the Capital Funding Agreement for Capital Infrastructure Projects with Federal Funding included in the FY 2025 Durham County Transit Work Program.

Vote: 7/0

31. SHARED ACTIVE TRANSPORTATION/SHARED MICROMOBILITY ORDINANCE REVISION

To adopt the Ordinance to Revise Sections 66-306 through 66-313 and Sections 50-461 through 50-472 of the Durham City Code of Ordinances relating to Micromobility Devices; and

To adopt the Ordinance to Revise Part 17-110 of the Durham City Fee Schedule relating to Shared Micromobility Programs.

Vote: 7/0

32. AWARD OF BID-TERM PURCHASE CONTRACT FOR COMPUTER MAINTENANCE MANAGEMENT SYSTEM FROM BRIGHTLY SOFTWARE, INC.

To authorize the City Manager to execute a contract with Brightly Software, Inc. for the purchase of a Computer Maintenance Management System in the amount of $43,032.64 for the first year, with the option to renew for four optional years, for a total not to exceed an amount of $154,202.58.

Vote: 7/0

33. AWARD OF CONTRACT FOR CATERPILLAR METHANE ENGINE OVERHAUL FROM GREGORY POOLE EQUIPMENT COMPANY

To authorize the City Manager to execute a contract with Gregory Poole Equipment Company for the overhaul of one Caterpillar Methane Engine at South Durham Water Reclamation Facility in the amount of $210,721.82.

Vote: 7/0

34. BLANKET PURCHASE ORDER AGREEMENT WITH FERGUSON ENTERPRISES LLC FOR SENSUS WATER METERS AND COMPONENTS

To authorize the City Manager to execute a 1-year blanket purchase order agreement with Ferguson Enterprises LLC for the purchase of Sensus meters and components in the amount of $2,500,000; and

To authorize the City Manager or a designee to execute and issue purchase orders pursuant to the blanket purchase order agreement.

Vote: 7/0

42. AMERICAN RESCUE PLAN ACT (ARPA) – INTERLOCAL AGREEMENT WITH DURHAM COUNTY TO SUPPORT CULTURE AND ARTS RECOVERY EFFORTS

To resolve that the City Manager be authorized to accept $1.0 million in Durham County's American Rescue Plan Act (ARPA) Funds and to execute the Interlocal Agreement with Durham County to support Culture and Arts Recovery Efforts.

Vote: 7/0

43. CONTRACT WITH MYTHICS, LLC TO REPLACE THE CURRENT ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM WITH THE ORACLE FUSION NEXT GENERATION ERP SOLUTION

To authorize the City Manager to execute the Contract for the Oracle Fusion Next Generation Enterprise Resource Planning Software-As-A-Service with Mythics, LLC in an amount not to exceed $8,034,044.85.

Vote: 7/0

The following item(s) were disposed during the May 9, 2024 City Council Work Session

18. CONSTRUCTION SERVICES CONTRACT WITH SIMON ROOFING AND SHEET METAL CORP. FOR THE CAROLINA THEATRE ROOFING RENOVATION PROJECT

[This item was approved during the May 9, 2024 City Council Work Session.]

36. PRESENTATION OF THE IMMIGRATION LEGAL DEFENSE PILOT PROJECT FROM JUSTICEMATTERS, INC.

[This presentation was made during the May 9, 2024 City Council Work Session.]

38. CONSOLIDATED ANNEXATION – SHEFFIELD FARMS

[This item was referred back to the City-County Planning Department.]

General Business Agenda

35. FISCAL YEAR 2024-25 PROPOSED BUDGET AND FISCAL YEAR 2025-30 CAPITAL IMPROVEMENT PLAN (CIP)

To receive a presentation from the City Manager on the proposed Fiscal Year 2024-15 Budget and Fiscal Year 2025-30 Capital Improvement Plan (CIP). [No vote taken]

General Business Agenda - Public Hearings

37. PERMANENT CLOSING OF A 479 LINEAR FOOT PORTION OF DACIAN AVENUE

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

Motion 1: To permanently close a 479 linear foot portion of Dacian Avenue.

Vote: 7/0

39. CONSOLIDATED ANNEXATION – FAYETTEVILLE ROAD MULTIFAMILY

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

Motion 1: To adopt an ordinance annexing Fayetteville Road Multifamily into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Diako Construction INC.; [Approved by Vote: 6/1 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Caballero, Cook, Freeman and Rist. Noes: Council Member Baker.]

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, Falls/Jordan District B, county and city jurisdiction, and establishing the same as Planned Development Residential 11.010, Falls/Jordan District B, city jurisdiction; and [Approved by Vote: 6/1 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Caballero, Cook, Freeman and Rist. Noes: Council Member Baker.]

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

Vote: 7/0

40. ZONING MAP CHANGE - 4917 AND 5005 CHIN PAGE ROAD

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 Industrial Light and Residential Rural and establishing the same as Industrial Light with a textual development plan; and

Vote: 7/0

Motion 2: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

Vote: 7/0

41. CONSOLIDATED ANNEXATION - VIRGIL ROAD ASSEMBLAGE

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

Motion 1: To adopt an ordinance annexing Virgil Road Assemblage into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Taylor Morrison of Carolinas, LLC; [Approved by Vote: 4/3 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Caballero and Rist. Noes: Council Members Baker, Cook and Freeman.]

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, Falls/Jordan District B, A60 Airport Overlay, county jurisdiction and establishing the same as Planned Development Residential 2.886, Falls/Jordan District B, A60 Airport Overlay, city jurisdiction; and [Approved by Vote: 4/3 Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Caballero and Rist. Noes: Council Members Baker, Cook and Freeman.]

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

Vote: 7/0

Supplemental Items

44. HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) GRANT PROJECT ORDINANCES FOR FY2023-2024, FY2020-2021 AND FY2017-2018

To adopt an Ordinance amending the FY2023-2024 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the HOME Program Income received through February 28, 2024 totaling $228,229.83 for a total appropriation of $1,545,264.83, the same being Ordinance #16137;

Vote: 7/0

To adopt an Ordinance amending the FY2020-2021 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the actual HOME Program Income received of $394,598.95 for a total appropriation of $1,559,538.95, the same being Ordinance #16289; and

Vote: 7/0

To adopt an Ordinance amending the FY2017-2018 U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Grant Project Ordinance (GPO) to recognize the actual HOME Program Income received of $932,056.29 for a total appropriation of $1,754,422.29, the same being Ordinance #15563.

Vote: 7/0

45. REVISION TO 2024 CITY COUNCIL MEETING SCHEDULE

To approve a revision to the 2024 City Council Meeting Schedule that reschedules the Thursday, July 25 Work Session to Monday, August 5 at 1pm; and

Vote: 7/0

To adopt an Ordinance rescheduling the July 25, 2024 Work Session to August 5, 2024 at 1pm.

Vote: 7/0

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=646&doctype=1#mediaAndItemView "Read more details about this section"): 1:06 AM