City Council · Regular Meeting · May 6, 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. ### 1. PARTICIPATORY BUDGETING STEERING COMMITTEE - APPOINTMENT

To appoint Raivynn Smith to the Participatory Budgeting Steering Committee representing At-Large with the term to expire on June 30, 2026.

(Due to the resignation of Trey C. Gibson)

Vote (Approved): 7/0

2. RESOLUTION TO SET A PUBLIC HEARING TO CONSIDER PERMANENT CLOSURE OF 479 LINEAR FEET OF DACIAN AVENUE

To adopt a resolution to set a public hearing on the 20th day of May, 2024 at 7:00 p.m. in the City Council Chambers, 101 City Hall Plaza, Durham, North Carolina to consider permanently closing 479 linear feet of Dacian Avenue.

Vote (Approved): 7/0

3. RESOLUTION AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTIES TO DURHAM COMMUNITY LAND TRUSTEES INC. AND THE APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT

To authorize the City Manager to adopt a resolution declaring 106 East Piedmont Street(PIN 0821-83-3143, Parcel ID# 118731), 108 East Piedmont Street (PIN 0821-83-3193, Parcel ID# 118730), 902 South Roxboro Street (PIN 0821-83-6583, Parcel ID# 118622), 904 South Roxboro Street (PIN 0821-83-6488, Parcel ID# 118621) and 2604 East Main Street (PIN 0831-83-5769, Parcel ID# 114277) as surplus properties and authorize the conveyance of such properties by private sale, pursuant to N.C. General Statute 160A-279, to the non-profit organization Durham Community Land Trustees Inc.; and

To authorize the City Manager to execute all associated documents for the conveyance of City surplus property, to include the negotiation and execution of a Development Agreement between the City of Durham and Durham Community Land Trustees Inc. that shall be consistent with the adopted resolution.

Vote (Approved): 7/0

4. RESOLUTION AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTIES TO BLACK LAMB DEVELOPMENT CORPORATION AND THE APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT

To authorize the City Manager to adopt a resolution declaring 600 Liberty Street (PIN 0831-26-3214, Parcel ID# 102893), and 2211 Hart Street (PIN 0831-63-8234, Parcel ID# 223162) as surplus properties and authorize the conveyance of such properties by private sale, pursuant to N.C. General Statute 160A-279, to the non-profit organization Black Lamb Development Corporation; and

To authorize the City Manager to execute all associated documents for the conveyance of City surplus property, to include the negotiation and execution of a Development Agreement between the City of Durham and Black Lamb Development Corporation that shall be consistent with the adopted resolution.

Vote (Approved): 7/0

5. CONTRACT AMENDMENT #1 WITH MCCORMACK BARON SALAZAR DEVELOPMENT FOR LOFTS AT SOUTHSIDE PHASE III AND PHASE IV SITE PREPARATION AND ENVIRONMENTAL ASSESSMENT

To authorize the City Manager to execute a contract amendment for site preparation, environmental testing and remediation for the Lofts at Southside Phase III and Phase IV sites with McCormack Baron Salazar Development in the amount of $1,250,000 for a total funding commitment of $3,000,000; and

To authorize the City Manager to negotiate and execute changes to the contract provided that the total cost of the contract together with all modifications does not exceed $3,000,000.

Vote (Approved): 7/0

6. LOFTS AT SOUTHSIDE PHASE III AMENDED DEVELOPMENT LOAN COMMITMENT

To authorize the City Manager to issue to Southside Revitalization Phase III or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in the amount of $2,775,000 under the American Rescue Plan Act under the State and Local Fiscal Recovery Funds section, for the development of fifty-six (56) affordable rental units at the Lofts at Southside Apartments Phase III;

To authorize the City Manager to issue to Southside Revitalization Phase III or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in the amount of $500,000 in Community Project Funding, for the development of fifty-six (56) affordable rental units at the Lofts at Southside Apartments Phase III;

To authorize the City Manager to issue to Southside Revitalization Phase III or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in the amount of $3,956,487 in Dedicated Housing Funds for a total binding commitment of $7,231,487, for the development of fifty-six (56) affordable rental units at the Lofts at Southside Apartments Phase III;

To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate in order to carry out the purpose and intent of this conditional binding commitment of permanent financing;

To authorize the City Manager to make necessary and sundry changes to the conditional binding commitment of permanent financing so long as the changes do not increase the financial obligations of the City, and the changes taken as a whole, are not less favorable to the City; and

To adopt an ordinance amending the City of Durham Budget Ordinance as amended, Fiscal Year 2023-2024, the same being Ordinance #16275.

Vote (Approved): 7/0

7. LOFTS AT SOUTHSIDE PHASE IV AMENDED DEVELOPMENT LOAN COMMITMENT

To authorize the City Manager to issue to Southside Revitalization Phase IV LP or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in an amount up to $5,830,540 in Affordable Housing Bond Funds for the development of 44 affordable rental units at the Lofts at Southside Apartments Phase IV;

To authorize the City Manager to issue to Southside Revitalization Phase IV LP or its designated affiliate approved by the City, an amended conditional binding commitment of permanent financing in an amount up to $2,043,513 in Dedicated Housing Bond Funds, for a total binding commitment of construction to permanent financing in the amount of $7,874,053, for the development of 44 affordable rental units at the Lofts at Southside Apartments Phase IV;

To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate in order to carry out the purpose and intent of this conditional binding commitment of permanent financing; and

To authorize the City Manager to make necessary and sundry changes to the conditional binding commitment of permanent financing so long as the changes do not increase the financial obligations of the City, and the changes taken as a whole, are not less favorable to the City.

Vote (Approved): 7/0

8. RESOLUTION AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTIES TO HABITAT FOR HUMANITY OF DURHAM, INC. AND THE APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT

To authorize the City Manager to adopt a resolution declaring 227 North Reynolds Avenue (PIN 0820-02-2439, Parcel ID# 134679), 1300 Fleetwood Street (PIN 0831-20-2429, Parcel ID# 118012), 711 Belgreen Road (PIN 0729-84-3937, Parcel ID# 155670), 118 Barnhill Street (PIN 0820-35-3079, Parcel ID# 122337) and 119 Barnhill Street (PIN 0820-35-5316, Parcel ID# 122320) as surplus properties and authorize the conveyance of such properties by private sale, pursuant to N.C. General Statute 160A-279, to the non-profit organization Habitat for Humanity of Durham, Inc.; and

To authorize the City Manager to execute all associated documents for the conveyance of City surplus property, to include the negotiation and execution of a Development Agreement between the City of Durham and Habitat for Humanity of Durham, Inc. that shall be consistent with the adopted resolution.

Vote (Approved): 7/0

9. UTILITY SYSTEM REVENUE BONDS, SERIES 2024

To adopt a Resolution authorizing the sale of not to exceed $84,000,000 Utility System Revenue Bonds, Series 2024 and the execution of other legal documents related to the bond sale.

Vote (Approved): 7/0

10. DURHAM STATION TRANSIT CENTER IMPROVEMENTS PROJECT AUTHORIZATION TO NEGOTIATE AND EXECUTE A GUARANTEED MAXIMUM PRICE AMENDMENT TO THE CONSTRUCTION MANAGER AT RISK CONTRACT FOR CONSTRUCTION SERVICES

To authorize the City Manager to negotiate and execute a Guaranteed Maximum Price (GMP) Amendment with Samet Corporation and W.C. Construction Company, LLC, a Joint Venture for construction of the Durham Station Transit Center Improvements in an amount not to exceed $18,659,789, for a revised total CMAR contract amount of $18,749,791;

To establish a contingency fund in the amount of $570,259; and

To authorize the City Manager to negotiate and execute modifications to the CMAR contract, including both preconstruction and construction services, provided that the total contract amount, together with all modifications, does not exceed $19,320,050.

Vote (Approved): 7/0

11. CONTRACT ST-332C PAVEMENT CONDITION SURVEY 2024

To authorize the City Manager to execute a professional services contract for ST-332C Pavement Condition Survey 2024 with Roadway Asset Services, LLC in the amount not to exceed $393,725.00;

To establish a contingency fund in the amount of $59,058.75; and

To authorize the City Manager to negotiate and execute modifications to ST-332C Pavement Condition Survey 2024 provided that the total cost of the contract together with all modifications does not exceed $452,783.75.

Vote (Approved): 7/0

12. CONTRACT AMENDMENT NO. 1 FOR SW-94 SIDEWALK REPAIRS 2024

To authorize the City Manager to execute Amendment No.1 for construction contract SW-94 Sidewalk Repairs 2024 with Browe Construction Company, in the amount of $450,000 for a total, revised contract amount not to exceed $6,436,791; and

To authorize the City Manager to negotiate and execute modifications to SW-94 Sidewalk Repairs 2024, provided that the total contract amount including existing contingency funds does not exceed $6,536,791.

Vote (Approved): 7/0

13. CONTRACT AMENDMENT NO. 3 FOR ST-317C UTILITY LOCATE SERVICES

To authorize the City Manager to execute contract Amendment No. 3 for ST-317C Utility Locate Services with KCI Associates of North Carolina, P.A. in the amount of $470,000 for a total revised contract amount not to exceed $2,092,000.

Vote (Approved): 7/0

14. STREET AND INFRASTRUCTURE ACCEPTANCES

To accept certain streets and infrastructure in Andrews Chapel Phases 3C, 5A, 5B, 6, 6A, and the Force Main and Outfalls; Enclave at Leesville Phases 1 and 4; FedEx Freight / 5203 Chin Page Road (excluding sewer); Fendol Farms Phases 1C, 1F, 1G, 1H, 1I, 1K, 1L, 1M, 1O, 1P, and 1R; Jordan at Southpoint Phase 4; Lakeshore Phases 1A, 1B, 1C, 1D,1E, and 1F (excluding sewer); Page Square Phases 1 and 2 (excluding sewer); Sykes Property Phase 1; West Brier Townes at Alexander Phase 3 (excluding sewer); 1321 South Alston Avenue; Angier Avenue; FKC Eno River; Merrick Street; Southeast Regional Lift Station Phase 1; and Springhill Suites for maintenance by the City of Durham.

Vote (Approved): 7/0

15. CONSTRUCTION OF 17 RECTANGULAR RAPID FLASHING BEACONS (RRFBS) AT SCHOOL AND TRAIL CROSSINGS

To authorize the City Manager to execute a contract with LMJ Pavement Marking, LLC in the amount of $802,000 for the installation of 17 Rectangular Rapid Flashing Beacons (RRFBs);

To establish a project contingency fund in the amount of $120,300; 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 $922,300.

Vote (Approved): 7/0

16. TRANSIT GRANT PROJECT ORDINANCE AMENDMENT FOR DURHAM STATION

To adopt FY2022-23 Bus and Bus Facilities Grant Project Ordinance For The Rehabilitation of Durham Station Supersedes Grant Project Ordinance #16276 and Authorization to Execute Grant Agreement.

Vote (Approved): 7/0

17. BLANKET PURCHASE ORDER AGREEMENT WITH CORE & MAIN, LP FOR NEPTUNE WATER METERS AND COMPONENTS

To authorize the City Manager to execute a 1-year blanket purchase order agreement with Core & Main, LP for the purchase of Neptune meters and components in the amount of $775,000; and

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

Vote (Approved): 7/0

18. AGREEMENT BETWEEN CITY OF DURHAM AND ORANGE WATER AND SEWER AUTHORITY REGARDING MUTUAL AID FOR DRINKING WATER SUPPLY

To authorize the City Manager to execute an Agreement Between City of Durham and Orange Water and Sewer Authority Regarding Mutual Aid for Drinking Water Supply.

Vote (Approved): 7/0

19. PROPOSED WATER AND SEWER RATES FOR FY 2024-2025

To receive a presentation regarding the proposed Water and Sewer Rates for FY 2024-2025; and

[A presentation was made during the April 18, 2024 City Council Work Session.]

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, 2024 and the newly adopted rates shall be applied to all bills issued after August 1, 2024.

Vote (Approved): 7/0

The following item(s) were disposed during the April 18, 2024 City Council Work Session

19 – PROPOSED WATER AND SEWER RATES FOR FY 2024-2025 \[A presentation was made during the April 18, 2024 City Council Work Session.\] 20 – GENERAL OBLIGATION (GO) BOND REFERENDUM PRESENTATION AND DISCUSSION \[A presentation was made during the April 18, 2024 City Council Work Session.\] 21 – CITY OF DURHAM CLASSIFICATION AND COMPENSATION STUDY PRESENTATION \[A presentation was made during the April 18, 2024 City Council Work Session.\] 24 – FY2025 STORMWATER RATES \[A presentation was made during the April 18, 2024 City Council Work Session.\]

General Business Agenda - Public Hearings

22. CONSOLIDATED ANNEXATION – CATES ESTATE

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

Motion 1: To adopt an ordinance annexing 'Cates Estate' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Patrick and Rebecca Cates;

Vote (Approved): 7/0

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

Vote (Approved): 7/0

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

Vote (Approved): 7/0

23. CONSOLIDATED ZONING MAP CHANGE – FOX CROSSING II

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

Motion 1: To authorize the City Manager to enter into a utility extension agreement with Burnham SE Acquisitions, LLC;

Vote (Approved): 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 Urban-5, Falls/Jordan Lake Watershed Protection District B, and establishing the same as Planned Development Residential 12.750, Falls/Jordan Lake Watershed Protection District B; and

Vote (Approved): 6/1 — Ayes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Baker, Caballero, Cook and Rist ; Noes: Council Member Freeman

Motion Added: To recall the Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Urban-5, Falls/Jordan Lake Watershed Protection District B, and establishing the same as Planned Development Residential 12.750, Falls/Jordan Lake Watershed Protection District B.

Vote (Approved): 6/1 — Ayes: Mayor Williams, and Council Members Baker, Caballero, Cook, Freeman and Rist ; Noes: Mayor Pro Tempore Middleton

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Urban-5, Falls/Jordan Lake Watershed Protection District B, and establishing the same as Planned Development Residential 12.750, Falls/Jordan Lake Watershed Protection District B.

Vote (Approved): 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. 160D-605.

Vote (Approved): 7/0

24. FY2025 STORMWATER RATES

To receive a presentation on the Stormwater Fund and Rates;

[A presentation was made during the April 18, 2024 City Council Work Session.]

To conduct a public hearing to receive public comment on the proposed FY2025 stormwater rates; and

To adopt an ordinance to amend the Fee Schedule revising the stormwater rates to become effective July 1, 2024.

Vote (Approved): 7/0

General Business Agenda

25. SUMMER CAMP FUNDING REQUEST

To approve the City Manager to allocate funds in the FY2024 Budget for Heart of a Champion Summer Camp and allocate funding for FY2025 to cover the months of July and August 2025; and

Vote (Failed): 4/3 — Ayes: Council Members Baker, Cook and Freeman ; Noes: Mayor Williams, Mayor Pro Tempore Middleton and Council Members Caballero and Rist

To support setting up five summer camp options in a pool of funding for additional options for summer camps for students K through 6th grade in areas identified as low income near areas with a history of gun violence with a maximum of $50,000 each. [No vote taken.]

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=643&doctype=1#mediaAndItemView "Read more details about this section"): 11:53 PM