City Council · Regular Meeting · May 4, 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\_fSDrOok5RL6iHc47QMVCAg 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. Carolina Theatre of Durham Board of Trustees - Appointment

To appoint a resident to fill one (1) vacancy on 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)

2. Durham Cultural Advisory Board - Appointment

To appoint a resident to fill one (1) vacancy on the Durham Cultural Advisory Board with the term to expire on June 30, 2025.

(Due to the resignation of Caroline Dwyer)

3. Durham Workers' Rights Commission - Appointment

To appoint a resident to fill one (1) vacancy on 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)

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.

Departmental Items

City-County Planning Department

5. City-County Planning Department FY24 Work Program

To approve the City-County Planning Department FY24 Work Program.

Community Development Department

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.

General Services Department

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;

To authorize the City Manager to execute the proposed contract.

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.

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;

To authorize the City Manager to execute the proposed contract.

Police Department

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.

Public Works Department

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.

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.

13. [Resolution to Support the Upper Neuse River Basin Association (UNRBA) FY2024 Budget [15 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=582&doctype=1#mediaAndItemView "Read more details about this item")

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.

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.

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.

Technology Solutions Department

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 OnBaseSoftware Maintenance in an amount not to exceed $259,484.60.

Transportation Department

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.

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.

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.

Water Management Department

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.

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.

22. [Proposed Water and Sewer Rates for FY 2023-2024 [20 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=582&doctype=1#mediaAndItemView "Read more details about this item")

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.

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.

Presentations

Budget and Management Services Department

24. Fiscal Year 2023-24 Proposed Budget and Fiscal Year 2024-29 Capital Improvement Plan (CIP)

[This presentation will be made during the May 15, 2023 City Council Meeting.]

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).

City Manager's Office

25. [Affordable Housing Deep Dive Presentation from Triangle Apartment Association [30 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=582&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation from Triangle Apartment Association.

City-County Planning Department

26. [751 South Informational Item [20 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=582&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the 751 South development.

Public Hearings

City-County Planning Department

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.;

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

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

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.;

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

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

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;

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

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.

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;

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

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

Public Works Department

31. [FY2024 Stormwater Rates [10 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=582&doctype=1#mediaAndItemView "Read more details about this item")

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.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=582&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.