City Council · Regular Meeting · May 23, 2024

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\_wa8poKQBTt6eDjS\_hew-ag to register to speak during the Work Session.Your registration should 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. DURHAM BOARD OF ADJUSTMENT - APPOINTMENTS

To appoint residents to fill two (2) vacancies on the Durham Board of Adjustment representing Regular Member with the terms to expire on June 30, 2027.

(Due to the term expirations of Ian Kipp and Chad Meadows)

2. DURHAM WORKERS' RIGHTS COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Durham Workers' Rights Commission representing the category of Low Wage Industry with the term to expire on April 30, 2025.

(Due to the term expiration of Charles R. Gooch)

3. DURHAM PLANNING COMMISSION - APPOINTMENTS

To appoint residents to fill two (2) vacancies on the Durham Planning Commission with the terms to expire on June 30, 2027.

(Due to the term expirations of Vikas Gurram and Raymond Trapp)

4. MAYOR'S COUNCIL FOR WOMEN - APPOINTMENTS

To appoint residents to fill two (2) vacancies on the Mayor's Council for Women with one (1) representing At-Large and with one (1) representing Ward 1 with the terms to expire on June 30, 2028.

(Due to the term expirations of Gloria De Los Santos and Cassandra Stokes)

5. CITIZENS ADVISORY COMMITTEE - APPOINTMENTS

To appoint residents to fill five (5) vacancies on the Citizens Advisory Committee with the terms to expire on June 30, 2027.

(Due to the term expirations of Valon Alford, Lea N. Efird-Green, Donald A. Hughes, Sherard Johnson, and Brian W. Langloss)

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, 2027.

(Due to the term expiration of Dan W. Hill, III)

Departmental Items

Budget and Management Services Department

7. REQUEST TO AMEND THE FY2023-24 BUDGET AND OTHER CAPITAL PROJECT ORDINANCES.

To adopt a budget ordinance amending the City of Durham Budget Ordinance as amended, Fiscal Year 2023-24, the same being Ordinance 16305.

To adopt an ordinance amending General Capital Improvement Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance #16163;

To adopt an ordinance amending the Stormwater Capital Improvement Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance \# 16165;

To adopt an ordinance amending the Transit Capital Improvement Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance \# 16168;

To adopt an ordinance amending the Ball Park Capital Improvement Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance # 16170; and

To adopt an ordinance amending Durham Performing Arts Center (DPAC) Capital Improvement Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance # 16169.

Community Development Department

8. TRI-PARTY AGREEMENT WITH THE NORTH CAROLINA HOUSING FINANCE AGENCY AND THE NORTH CAROLINA HOMEBUILDERSASSOCIATION FOR THE CONSTRUCTION TRAINING PARTNERSHIP

To authorize the City Manager to execute a Tri-Party Agreement with the North Carolina Housing Finance Agency (NCHFA) and the North Carolina Homebuilders Association (NCHBA) and to provide $71,400 in City Dedicated Housing Funds to NCHBA for the Construction Training Program; and

To authorize the City Manager to execute all administrative requirements and contractual documents necessary for implementation of the Construction Training Program to include documents related to NCHFA’s financial contribution to the City’

s affordable housing activities; and to adopt the North Carolina Housing Finance Agency (NCHFA) Grant Project Ordinance (GPO) in the amount of $65,000 and Authorization to Execute Grant Agreement.

9. GRANT AGREEMENT WITH DEVELOPMENT VENTURES INC FOR THE DILLARD STREET APARTMENTS

To authorize the City Manager to execute a grant agreement with Development Ventures Inc. for the Dillard Street Apartments in an amount not to exceed $3,000,000.

10. GRANT AGREEMENT WITH DEVELOPMENT VENTURES INC. FOR FOREVER HOME DURHAM HOPE VI PRESERVATION PROJECT

To authorize the City Manager to execute a grant agreement with Development Ventures Inc. in an amount not to exceed $2,900,000.

11. GRANT AGREEMENT WITH DEVELOPMENT VENTURES INC. FOR FAYETTE PLACE AND FOREST HILLS HEIGHTS REDEVELOPMENT

To authorize the City Manager to execute a grant agreement with Development Ventures Inc. in an amount not to exceed $1,800,000.

Finance Department

12. 2024 GENERAL OBLIGATION BOND REFERENDUM

To introduce a Bond Order authorizing the issuance of $85,000,000 General Obligation Parks and Recreation Bonds of the City of Durham, North Carolina;

To introduce a Bond Order authorizing the issuance of $115,000,000 General Obligation Streets and Sidewalks Bonds of the City of Durham, North Carolina; and

To adopt a Resolution setting a public hearing on the Bond Orders for June 17, 2024.

13. INSURANCE PLAN FY25 - FY27

To authorize the City Manager or her designee to maintain the 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;

To authorize the City Manager or her designee to expend an amount for all insurance premiums not to exceed $3,307,500 for FY25 to maintain the insurance plan and make additional insurance purchases as needed beginning July 1, 2024;

To authorize the City Manager or her designee to expend an amount for all insurance premiums not to exceed $3,803,625 for FY26 to maintain the annual insurance plan and make additional insurance purchases as needed beginning July 1, 2025; and

To authorize the City Manager or her designee to expend an amount for all insurance premiums not to exceed $4,374,168 for FY27 to maintain the annual insurance plan and make additional insurance purchases as needed beginning July 1, 2026.

Fire Department

14. 2024 NORTH CAROLINA SUMMER FIRE CAMP PROGRAM GRANT PROJECT ORDINANCE

To adopt the 2024 North Carolina Department of Insurance, Office of State Fire Marshal Summer Fire Camp Program grant project ordinance, and authorize the execution of the grant agreement, in the amount of $3,500.

General Services Department

15. CONTRACT WITH MOSCA DESIGN, INC. FOR THE CORCORAN STREET GARAGE BANNERS RESTORATION PROJECT

To authorize the City Manager to execute a Contract with Mosca Design, Inc. for the Corcoran Street Garage Banners Restoration Project in the amount not to exceed $100,000.

16. FIRST AMENDMENT TO CONTRACT TO CREATE PUBLIC ART FOR SOUTH ELLERBE RESTORATION PROJECT USING CIP PUBLIC ART FUNDS

To authorize the City Manager to execute the First Amendment to Contract to Create Public Art for South Ellerbe Restoration Project with Silverado Fabricators and Makers Services, LLC in the amount of $45,400 for a revised, total contract amount of $95,400 and to extend the completion date from December 20, 2023 to October 30, 2026.

17. AMERICAN RESCUE PLAN ACT (ARPA)/CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUND (CSLFRF) FUNDS SUBAWARD AGREEMENT BETWEEN CITY OF DURHAM, NORTH CAROLINA AND ST. JOSEPH’S HISTORIC FOUNDATION, INC.

To authorize the City Manager to execute the agreement "American Rescue Plan Act (ARPA)/Coronavirus State Local Fiscal Recovery Fund (CSLFRF) Funds Subaward Agreement Between City of Durham, North Carolina and St. Joseph's Historic Foundation, Inc." in an amount not to exceed $800,000 to support the Durham arts and cultural community.

Human Resources Department

18. CONTRACT WITH CORNERSTONE ONDEMAND, INC. FOR SOFTWARE TO AUTOMATE THE EMPLOYEE PERFORMANCE EVALUATION PROGRAM

To authorize the City Manager to execute a contract with Cornerstone OnDemand, Inc. for performance evaluation and job descriptions content software for an amount not to exceed $294,106.05.

Office of Economic and Workforce Development

19. AMERICAN RESCUE PLAN ACT (ARPA) - BRIDGING BUSINESS OPPORTUNITY AND EQUITY PROJECT

To authorize the City Manager to enter into a subrecipient agreement with M-Cubed & Co. Global LLC. in an amount not to exceed $399,965.

20. AGREEMENT TO FUND MADE IN DURHAM EDUCATION-TO-CAREER INITIATIVES

To authorize the City Manager to execute an Agreement with Made In Durham to fund Education-To-Career initiatives in an amount not to exceed $150,000.

21. CONTRACT AMENDMENT #2 FOR DURHAM WORKFORCE DEVELOPMENT BOARD, WORKFORCE INNOVATION AND OPPORTUNITY ACT - NCWORKS CAREER CENTER OPERATIONS WITH ECKERD YOUTH ALTERNATIVES, INC.

To authorize the City Manager to execute a contract amendment with Eckerd Youth Alternatives, Inc. to implement the WIOA NCWorks Career Center Operations for the period of July 1, 2024 through September 30, 2025, in the amount of $100,000 for a total, not to exceed contract amount of $300,000.

Parks and Recreation Department

22. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DURHAM, CENTRAL PINES REGIONAL COUNCIL AND DURHAM COUNTY REGARDING COST SHARING FOR THE ROXBORO RAIL TRAIL MASTER PLAN

To resolve that the City Manager is authorized to execute the Interlocal Agreement Between the City of Durham, Durham County, and the Central Pines Regional Council Regarding the Durham-to-Roxboro Rail Trail Planning and Feasibility Study for cost sharing of the Roxboro Rail Trail master plan.

23. RESOLUTION ACCEPTING THE 2024 TENNIS VENUE SERVICES GRANT FROM THE UNITED STATES TENNIS ASSOCIATION FOR THE REPAIR OF TENNIS COURTS AT SOUTHERN BOUNDARIES PARK

To adopt the Resolution Accepting the 2024 Tennis Venue Services Grant from the United States Tennis Association for the Repair of Tennis Courts at Southern Boundaries Park.

24. RESOLUTION ACCEPTING THE GRANT FROM THE UNITED STATES TENNIS ASSOCIATION – NORTH CAROLINA FOR THE REPAIR OF TENNIS COURTS AT SOUTHERN BOUNDARIES PARK

To adopt the Resolution Accepting the Raise the Net Grant from the United States Tennis Association - North Carolina for the Repair of Tennis Courts at Southern Boundaries Park.

25. RESOLUTION ACCEPTING THE BUILD IT FORWARD GRANT FROM THE UNITED STATES TENNIS ASSOCIATION – SOUTHERN FOR THE REPAIR OF TENNIS COURTS AT SOUTHERN BOUNDARIES PARK.

To adopt the Resolution Accepting the Build IT Forward Grant from the United States Tennis Association - Southern for the Repair of Tennis Courts at Southern Boundaries Park

Police Department

26. [2024 FIRST QUARTER CRIME REPORT[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=647&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the 2024 First Quarter Crime Report; and

To receive the 2024 First Quarter Crime Report.

Transportation Department

27. UPDATE TO THE VISION ZERO RESOLUTION

To repeal Resolution to Support Vision Zero Durham (Resolution #10049); and

To adopt Resolution Committing to Vision Zero.

28. CONSTRUCTION OF A NEW TRAFFIC SIGNAL (05-0811) AT US-501/N. ROXBORO ST AND MONK RD

To authorize the City Manager to execute a contract with ALS of North Carolina, LLC in the amount of $337,105 for the construction of a new traffic signal;

To establish a project contingency fund in the amount of $50,565.75; and

To authorize the City Manager to negotiate change orders to the project provided the cost of the contract, including all change orders, does not exceed the total contract cost of $387,670.75.

Water Management Department

29. AMENDMENT 1 TO THE PROFESSIONAL SERVICES CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE WEST END WATER AND SEWER REHABILITATION PROJECT

To authorize the City Manager to execute an amendment to the West End Water and Sewer Rehabilitation Project - Phase I with Kimley-Horn and Associates, Inc. for professional engineering services in the amount not to exceed $491,900, increasing the total contract amount to $3,539,717;

To establish additional contingency funds for the contract with Kimley-Horn and Associates, Inc. in the amount not to exceed $49,500, increasing the total amount to $354,283; and

To authorize the City Manager to negotiate change orders for the service contract with Kimley-Horn and Associates, Inc., provided that the total contract cost does not exceed $3,894,000.

30. AMENDMENT TO THE SERVICE CONTRACT WITH WATER WORX SERVICES, INCORPORATED FOR RESIDENTIAL BACKFLOW PREVENTION ASSEMBLY TESTING AND REPAIR

To authorize the City Manager to negotiate and execute an amendment to the Residential Backflow Prevention Assembly Testing and Repair Project with Water Worx Services Incorporated to expand the scope of services, extend the contract duration, and reduce the total contract amount from $117,982.50 to $34,153.

31. AMENDMENT TO THE SERVICE CONTRACT WITH ACME SERVICES OF DURHAM, INC. FOR RESIDENTIAL BACKFLOW PREVENTION ASSEMBLY TESTING AND REPAIR

To authorize the City Manager to negotiate and execute an amendment to the Residential Backflow Prevention Assembly Testing and Repair Project with Acme Services of Durham, Inc. to expand the scope of services, extend the contract duration, and reduce the total contract amount from $121,732.50 to $42,500.

32. PROFESSIONAL SERVICES CONTRACT WITH CRITEK ENGINEERING GROUP, P.C., FOR THE MISCELLANEOUS WATERLINE REPLACEMENT – PHASE II PROJECT

To authorize the City Manager to execute a contract with CriTek Engineering Group, P.C. for professional engineering services in the amount not to exceed $1,212,050 for the Miscellaneous Waterline Replacement - Phase II project;

To establish a contingency fund for the service contract with CriTek Engineering Group, P.C. in the amount of $121,950; and

To authorize the City Manager to negotiate change orders for the service contract with CriTek Engineering Group, P.C., provided that the total contract cost does not exceed $1,334,000.

Presentations

Finance Department

33. [FY 2023-24 THIRD QUARTER FINANCIAL REPORT[15 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=647&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the FY 2023-24 Third Quarter Financial Report.

Office of Economic and Workforce Development

34. [DOWNTOWN DURHAM MUNICIPAL SERVICE DISTRICT ANNUAL REPORT[15 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=647&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.

Parks and Recreation Department

35. [SUMMER CAMP, AQUATICS AND TEEN PROGRAMING PRESENTATION AND DISCUSSION[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=647&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on Summer Camp, Aquatics and Teen programming.

Transportation Department

36. [VISION ZERO UPDATE PRESENTATION[15MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=647&doctype=1#mediaAndItemView "Read more details about this item")

To Receive a Presentation on Vision Zero.

Public Hearings

Budget and Management Services Department

37. PUBLIC HEARING FOR THE CITY MANAGER'S PROPOSED FISCAL YEAR 2024-25 BUDGET AND FISCAL YEAR 2025-30 CAPITAL IMPROVEMENT PLAN (CIP)

To conduct a public hearing to receive comments regarding the City Manager's proposed Fiscal Year 2024-25 Budget and Fiscal Year 2025-30 Capital Improvement Plan.

Fire Department

38. PROPOSED CITY OF DURHAM FIRE DEPARTMENT PERMIT AND INSPECTION FEE INCREASE FOR FISCAL YEAR 2024 - 2025

To conduct a Public Hearing on June 3, 2024 to receive citizen comments on the Proposed City of Durham Fire Department inspection and permit fee increase for FY24-25; and

To adopt an ordinance amending fire inspection and permit fees in Chapter 8 of the City’s fee schedule.

Citizens’ Matters – To be heard at 1 p.m.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=647&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.