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\_LYYnopBVRuW6pcjpTxefGA 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 CITY-COUNTY ENVIRONMENTAL AFFAIRS BOARD - APPOINTMENT

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

2. DURHAM AFFORDABLE HOUSING IMPLEMENTATION COMMITTEE - APPOINTMENT

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

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

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

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)

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.

Finance Department

6. MARCH 2024 BID REPORT

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

Departmental Items

Audit Services Department

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.

City Manager's Office

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.

City-County Planning Department

9. CITY-COUNTY PLANNING DEPARTMENT FY25 WORK PROGRAM

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

Community Development Department

10. AMERICAN RESECUE 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.

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.

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.

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.

Emergency Communications Department

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.

Finance Department

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.

Fleet Management Department

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.

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.

General Services Department

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

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance #16163 for the purpose of covering higher than anticipated bid prices for project code CC406 Carolina Theatre Roof & Structural Repairs in the amount of $224,842;

To adopt an ordinance amending the Ball Park Capital Improvement Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance #116170 for the purpose of relocating surplus funds in the Durham Bull Athletic Park Upgrades project code CC050 to support additional costs to the Carolina Theatre in the amount of $224,842;

To authorize the City Manager to execute a contract with Simon Roofing and Sheet Metal Corp. for the Construction of the Carolina Theatre Roofing Renovation in an amount not to exceed $938,297.76;

To establish a contingency fund in the amount of $140,744.24; and

To authorize the City Manager to negotiate and execute modifications to the contract with Simon Roofing and Sheet Metal Corp., provided that the total contract amount including existing contingency funds does not exceed $1,079,042.

19. [INTENT TO DECLARE PROPERTY AS SURPLUS[15 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=644&doctype=1#mediaAndItemView "Read more details about this item")

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

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).

Office of Economic and Workforce Development

20. 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.

21. 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.

Public Works Department

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.

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.

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.

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.

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.

27. [RESOLUTION TO SUPPORT THE UPPER NEUSE RIVER BASIN ASSOCIATION (UNRBA) FY2025 BUDGET[15 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=644&doctype=1#mediaAndItemView "Read more details about this item")

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.

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.

Transportation Department

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.

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.

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.

Water Management Department

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.

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.

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.

Presentations

Budget and Management Services Department

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

[This presentation will be made during the May 20, 2024 City Council Meeting.]

To receive a presentation from the City Manager on the proposed Fiscal Year 2024-2025 Budget and Fiscal Year 2025-30 Capital Improvement Plan (CIP).

City Attorney's Office

36. [PRESENTATION OF THE IMMIGRATION LEGAL DEFENSE PILOT PROJECT FROM JUSTICEMATTERS, INC.[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=644&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation from JusticeMatters, Inc. on the Immigration Legal Defense Pilot Project.

Public Hearings

City-County Planning Department

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.

38. CONSOLIDATED ANNEXATION – SHEFFIELD FARMS

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

Motion 1: To adopt an ordinance annexing Sheffield Farms into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with M/I Homes of Raleigh, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural and Falls/Jordan District B, county jurisdiction and establishing the same as Planned Development Residential 3.241 and Falls/Jordan District B, city jurisdiction; and

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

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.;

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

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

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

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

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;

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

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

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

Supplemental Items

City Manager's Office

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.

Technology Solutions Department

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.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=644&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.