Durham City Council Action Agenda

Present: Mayor Elaine O’Neal Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Javiera Caballero DeDreana Freeman Jillian Johnson Monique Holsey-Hyman Leonardo Williams

Consent Agenda

1. Durham Workers' Rights Commission - Appointment

To appoint Michael R. Lyon to the Durham Workers' Rights Commission representing the category of Durham’s Largest Workplace with the term to expire on April 30, 2025.

(Due to the term expiration of Nancy Kalow)

Vote: 6/0

2. Amendment #1 - Contract Agreement with the Museum of Durham History to Provide Technology Upgrades and Staff Compensation

To authorize the City Manager to execute a First Amendment to the Management Agreement Contract with the Museum of Durham History to provide an additional $17,500 in funding and a revised contract amount not to exceed $93,600 for FY2023-24.

Vote: 6/0

3. American Rescue Plan Act (ARPA) Project – An Innovative Model for Examining the Financial Impact of Covid-19 on Small Businesses in Durham

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Duke University in an amount not to exceed $1,000,000.

Vote: 6/0

4. Interlocal Agreement with Durham County for Joint Crisis Communications Plan Contract

To resolve that the City Manager be authorized to execute an interlocal agreement with Durham County for a Joint City-County Crisis Communications Plan; and

To approve the proposed interlocal agreement with Durham County, which shall not exceed $100,000 for plan development and deliverable, with the City responsible for up to $50,000.

Vote: 6/0

5. Cooperative Group Purchase Contract – One (1) 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 $310,462.

Vote: 6/0

6. Agreement to Fund Durham Symphony 2024 Season Operated by Durham Symphony, Incorporated Using City of Durham Funds

To authorize the City Manager to execute the Agreement to fund the Durham Symphony 2024 Season operated by Durham Symphony, Incorporated in an amount not to exceed $100,000.

Vote: 6/0

7. Agreement to Create Public Art at the Former Wheels Skating Center

To authorize the City Manager to execute the Agreement to Create Public Art at Former Wheels Skating Center with Dare Coulter Company in an amount not to exceed $145,000.

Vote: 6/0

8. Contract with CenturyLink Communications, LLC d/b/a Lumen Technologies Group for City Hall Cloud Connectivity

To authorize the City Manager to execute the Lumen Master Service Agreement with CenturyLink Communications, LLC d/b/a Lumen Technologies Group in an amount not to exceed $63,149.04.

Vote: 6/0

9. Contract with Charter Communications Operating, LLC for City Hall Cloud Connectivity

To authorize the City Manager to execute the Enterprise Service Agreement with Charter Communications Operating, LLC in an amount not to exceed $71,964.

Vote: 6/0

10. First Amendment to Contract Securance LLC - Virtual Chief Information Security Officer (VCISO) Managed Services

To authorize the City Manager to execute the First Amendment to the Service Contract with Securance LLC in the amount of $106,200 for a revised, total contract amount not to exceed $451,200 for a four-year term.

Vote: 6/0

11. Grant Project Ordinance for Unified Planning Work Program FY24

To adopt Section 104(f) and Section 133(b)(3)(7) Transportation Planning Grant Project Ordinance for FY24.

To authorize the City Manager to execute the grant agreements and other documents that are required to receive the grant funds.

Vote: 6/0

12. Supplemental Agreement #2 with the North Carolina Department of Transportation for Alston Avenue Sidewalks TIP #C-5183B

To authorize the City Manager to execute Supplemental Agreement #2 with the North Carolina Department of Transportation for the Alston Avenue Sidewalks project (TIP #C-5183B) for a revised amount of $2,436,498.

Vote: 6/0

13. Supplemental Agreement #2 with the North Carolina Department of Transportation for Morreene Road Bike Lanes and Sidewalks TIP #C-4928

To authorize the City Manager to execute Supplemental Agreement #2 with the North Carolina Department of Transportation for the Morreene Road Bike Lanes and Sidewalks project (TIP #C-4928) for a revised amount of $10,760,058.

Vote: 6/0

14. Supplemental Agreement #3 to Master Agreement #18908 with Kimley-Horn & Associates, Inc. for Traffic Calming Design Services in Identified Equity Neighborhoods

To authorize the City Manager to execute Supplemental Agreement #3 with Kimley-Horn & Associates, Inc. for Traffic Calming Design Services in the amount of $438,000.

Vote: 6/0

15. Amendment #4 with Turner & Townsend Heery LLC, Contract #13441 for Program Management of the Water Management Facility Expansion Project

To authorize the City Manager to execute an amendment with Turner Townsend Heery LLC in the amount of $221,000 for a revised total contract amount not to exceed $2,831,000; and

To establish a contingency fund in the amount of $100,000; and

To authorize the City Manager to negotiate and execute modifications to the Program Management Professional Services for the Department of Water Management Facility Expansion Project provided that the total cost of the contract together with all modifications does not exceed $2,931,000.

Vote: 6/0

General Business Agenda - Public Hearings

16. Annexation - Colvard Farms Track

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

Motion 1, To adopt an ordinance annexing 'Colvard Farms Tract’ into the City of Durham effective November 20, 2023 in accordance with Session law 2014-47;

[Failed by Vote: 6/0] Ayes: None.Noes:Mayor O’Neal, and Council Members Caballero, Freeman, Holsey-Hyman, Johnson, and Williams.Absent: None.

Motion 2, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural and Residential Suburban-20, Falls/Jordan Districts A & B, county jurisdiction and establishing the same as Residential Rural and Residential Suburban-20, Falls/Jordan Districts A & B, city jurisdiction; and

No vote taken.

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

No vote taken.

17. Unified Development Ordinance Text Amendment- Simplifying Codes for Affordable Development

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

Motion 1, To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits; Article 4, Zoning Districts; Article 5, Use Regulations; Article 6, District Intensity Standards; Article 7, Design Standards; Article 8, Environmental Protection; Article 9, Landscaping and Buffering; Article 10, Parking and Loading; Article 12, Infrastructure and Public Improvements; Article 13, Additional Requirements for Subdivisions; Article 14, Nonconformities; Article 16, Design Districts; and Article 17, Definitions; and

Ayes:Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes:Mayor O’Neal and Council Members Freeman and Holsey-Hyman.Absent: None.

Vote: 4/3

Motion 2, To adopt the appropriate consistency statement as required per NCGS 160D-605. Ayes:Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes:Mayor O’Neal and Council Members Freeman and Holsey-Hyman.Absent: None.

Vote: 4/3

Other Matters


Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=612&doctype=1#mediaAndItemView "Read more details about this section"):11:45 p.m.