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\_Ad-oPvnHQqWACXdndGf9sg 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 BICYCLE & PEDESTRIAN ADVISORY COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission representing Youth with the term to expire on August 31, 2027.

(Due to the resignation of Philip L. Sophocleous)

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 Diverse Backgrounds with the term to expire on April 30, 2025.

(Due to the resignation of Laura Serratos)

3. APPROVAL OF CITY COUNCIL MINUTES

To approve the City Council Minutes for the following meetings:

September 3, 2024 Regular Meeting; September 5, 2024 Work Session; September 16, 2024 Regular Meeting; September 19, 2024 Work Session; October 7, 2024 Regular Meeting; October 10, 2024 Work Session; October 21, 2024 Regular Meeting; and October 24, 2024 Work Session.

Departmental Items

Audit Services Department

4. [THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)FOR THE FISCAL YEAR ENDED JUNE 30, 2024[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=669&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation of the Annual Comprehensive Financial Report (ACFR) by the external auditor for the fiscal year ended June 30, 2024; and

To receive the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2024.

City Manager's Office

5. APPOINTMENTS & REAPPOINTMENT TO THE CIVILIAN POLICE REVIEW BOARD

To confirm the City Manager's appointment of Sean Allen, Shaquana Lindsey, Michael Sistrom, and Alexander Williams to the Civilian Police Review Board with terms expiring June 30, 2028; and

To confirm the City Manager's reappointment of Cassandra Johnson with a term expiring June 30, 2028.

6. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT – FAYETTEVILLE STREET CORRIDOR PLANNING & INFRASTRUCTURE COMMUNITY ASSISTANCE INITIATIVE (CAI)

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Fayetteville Street Planning Group, Inc. and United Way of the Greater Triangle in an amount not to exceed $1,000,000.

7. FIRST AMENDMENT TO AMERICAN RESCUE PLAN ACT (ARPA) PROJECT -- MULTIFAMILY SUPPORT & SUPPLY (MASS) DURHAM COMMUNITY LAND TRUSTEES INC. SUBRECIPIENT GRANT AGREEMENT

To authorize the City Manager to execute an amendment to ARPA subrecipient grant agreement with Durham Community Land Trustees, Inc.for the Multifamily Support & Supply program.

8. FIRST AMENDMENT TO AMERICAN RESCUE PLAN ACT (ARPA) PROJECT -- DURHAM AFFORDABLE SUSTAINABLE HOMES (DASH) DURHAM COMMUNITY LAND TRUSTEES INC. SUBRECIPIENT GRANT AGREEMENT

To authorize the City Manager to execute an amendment to ARPA subrecipient grant agreement with Durham Community Land Trustees, Inc. for the Durham Affordable Sustainable Homes program.

9. AMERICAN RESCUE PLAN ACT (ARPA) – INTERLOCAL AGREEMENT WITH DURHAM COUNTY TO SUPPORT DIGITAL EQUITY EFFORTS

To resolve that the City Manager be authorized to accept $750,000 in Durham County’s American Rescue Plan Act (ARPA) Funds and to execute the Interlocal Agreement with Durham County to support Digital Equity Efforts; and

To adopt the American Rescue Plan Act (ARPA) of 2021 Interlocal Agreements with Durham County Grant Project Ordinance Superseding Grant Project Ordinance #16401.

City-County Planning Department

10. HISTORIC PRESERVATION FUND GRANT PROJECT ORDINANCE

Motion 1: To authorize the City Manager to accept the 2024 Historic Preservation Fund grant by executing the grant documents and to authorize the City Manager to amend and negotiate the grant agreement; and

Motion 2: To adopt the 2024 Historic Preservation Fund Grant Project Ordinance in the amount of $25,000 to fund an architectural inventory survey and a National Register nomination for Emorywood Estates.

Community Safety Department

11. CONTRACT RENEWAL FOR FY25 CITY OF DURHAM DOMESTIC VIOLENCE AND GANG REDUCTION AGREEMENT WITH NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS

To authorize the City Manager to execute the FY25 City of Durham Domestic Violence and Gang Reduction Agreement with District Attorney Satana T. Deberry and the North Carolina Administrative Office of the Courts in the amount not to exceed $286,342 to fund two Assistant District Attorney and one Legal Assistant in the Durham District Attorney’s Office for the purpose of addressing domestic violence and gang violence cases.

12. APPROVE DATA USE AGREEMENT BETWEEN THE CITY OF DURHAM AND HARVARD KENNEDY SCHOOL

To authorize the City Manager to approve a Data Use Agreement between the City of Durham and the Harvard Kennedy School; and

To permit access to City employee personnel files by professional representatives of the Harvard Kennedy School, subject to the limitations in the Data Use Agreement.

Equity and Inclusion Department

13. ORDINANCE AUTHORIZING ADOPTION OF REVISION TO BY-LAWS OF THE MAYORS COMMITTEE FOR PERSONS WITH DISABILITIES

To adopt an Ordinance amending theMayors Committee for Persons with Disabilities Bylaws.

Finance Department

14. INTERLOCAL AGREEMENT WITH DURHAM COUNTY FOR JOINT FUNDING OF THE LOW-INCOME HOMEOWNER'S RELIEF PROGRAM (LIHRP)

To resolve that the City Manager be authorized to execute an interlocal agreement with Durham County for the Low-Income Homeowner's Relief Program (LIHRP); and

To approve that the interlocal agreement with Durham County is not to exceed $500,000 in program grants and $127,500 of administrative and outreach cost reimbursements.

Fleet Management Department

15. COOPERATIVE GROUP PURCHASE CONTRACT– SEWER VAC TRUCK

To authorize the City Manager to execute a contract with Infrastructure Solutions Group, Inc. of Mooresville, North Carolina for the purchase of one (1) sewer vac truck for a total amount of $588,637.92.

General Services Department

16. CONDEMNATION ACTION TO OBTAIN ONE EASEMENT AT 1025 NINTH STREET FOR THE WEST CLUB BOULEVARD UTILITY REHABILITATION AND REPLACEMENT PROJECT

To adopt the Resolution Authorizing the Condemnation of Portions of 1025 Ninth Street for the West Club Boulevard Utility Rehabilitation and Replacement Project.

17. CONDEMNATION ACTION TO OBTAIN ONE AREA OF FEE SIMPLE AND ONE EASEMENT AT 407 MORREENE ROAD FOR THE BICYCLE AND PEDESTRIAN IMPROVEMENTS PROJECT (SW-47)

To adopt the Resolution Authorizing the Condemnation of Portions of 407 Morreene Road for the Morreene Road (SR1317) Bicycle and Pedestrian Improvements Project (SW-47).

18. CONDEMNATION ACTION TO OBTAIN ONE AREA OF FEE SIMPLE AND ONE EASEMENT AT 929 MORREENE ROAD (SW-47)

To adopt the Resolution Authorizing the Condemnation of Portions of 929 Morreene Road for the Morreene Road (SR 1317) Bicycle and Pedestrian Improvements Project (SW-47).

19. RESOLUTION ACCEPTING THE UNITED STATES DEPARTMENT OF ENERGY, ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FORMULA FUNDING

To authorize the City Manager to execute an assistance agreement with the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Formula Funding in the amount of $297,140;

To adopt the Resolution Accepting the Energy Efficiency Conservation Block Grant from the United States Department of Energy to Install Rooftop Solar at W.D. Hill Recreation Center; and

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance # 16398.

Parks and Recreation Department

20. RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2024 DURHAM HOLIDAY PARADE

To Adopt a Resolution Approving the Closure of Streets for the 2024 Durham Holiday Parade.

Police Department

21. [2024 THIRD QUARTER CRIME REPORT[20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=669&doctype=1#mediaAndItemView "Read more details about this item")

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

To receive the 2024 Third Quarter Crime Report.

Public Works Department

22. STREET AND UTILITY ACCEPTANCES

To accept certain streets and infrastructure in 1104 and 1100 Edgevale Drive; 600 & 618 Linfield Drive Utility Extension; The Enclave at Garrett; Weaving Water; and Westover Road Utility Extension for maintenance by the City of Durham.

Water Management Department

23. AMENDMENT NO. 2 TO PROFESSIONAL ENGINEERING SERVICES CONTRACT NO. 15462 WITH DEWBERRY ENGINEERS INC. FOR THE WEST CLUB BOULEVARD CORRIDOR UTILITY REHABILITATION PROJECT

To authorize the City Manager to execute an amendment to the West Club Boulevard Corridor Utility Rehabilitation Project with Dewberry Engineers Inc. for professional engineering services in the amount not to exceed $267,508.66, increasing the total contract amount to $2,150,615.87;

To establish additional contingency funds for the contract in the amount not to exceed $26,750.87, increasing the total amount to $159,409.78; and

To authorize the City Manager to negotiate and execute modifications to the West Club Boulevard Corridor Utility Rehabilitation Project, provided that the total contract amount including existing contingency funds does not exceed $2,310,025.65.

24. CONSTRUCTION AWARD TO MOFFAT PIPE INC. FOR THE WEST CLUB BLVD. CORRIDOR UTILITY REHABILITATION AND REPLACEMENT PROJECT

To authorize the City Manager to execute the West Club Blvd. Corridor Utility Rehabilitation and Replacement Project with Moffat Pipe, Inc. in an amount not to exceed $20,355,978;

To establish a contingency fund in the amount of $2,035,597; and

To authorize the City Manager to negotiate and execute modifications to the West Club Blvd. Corridor Utility Rehabilitation and Replacement Project, provided that the total contract amount including existing contingency funds does not exceed $22,391,575.

25. RESOLUTION TO AUTHORIZE AN APPLICATION FOR DRINKING WATER STATE REVOLVING FUND EMERGING CONTAMINANTS STUDY GRANT FUNDING

To adopt a Resolution supporting the submittal of an application for Drinking Water State Revolving Fund Emergency Contaminants study grant funding for up to $500,000.

26. AMENDMENT 1 TO THE PROFESSIONAL SERVICES CONTRACT WITH MCKIM & CREED, INCORPORATED FOR THE NC 751 SEWER OUTFALL IMPROVEMENTS

To authorize the City Manager to execute an amendment to the NC 751 Sewer Outfall Improvements with McKim & Creed, Incorporated for professional engineering services in the amount not to exceed $1,365,600 increasing the total contract amount to $1,528,300;

To establish additional contingency funds for the contract with McKim & Creed, Incorporated in the amount not to exceed $136,500, increasing the total amount to $152,700; and

To authorize the City Manager to negotiate change orders for the service contract with McKim & Creed, Incorporated, provided that the total contract cost does not exceed $1,681,000.

Presentations

Budget and Management Services Department

27. [FY 2024-25 FIRST QUARTER FINANCIAL REPORT[15 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=669&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the FY 2024-25 First Quarter Financial Report.

Public Hearings

City-County Planning Department

28. ZONING MAP CHANGE – VIVO LIVING IVY CREEK

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 Commercial General with a development plan and Office and Institutional with a development plan and establishing the same as Planned Development Residential 35.654; and

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

29. ZONING MAP CHANGE – HILLSBOROUGH ROAD COMMERCIAL

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 Compact Design-Support 2 and establishing the same as Commercial Infill with a textual development plan; and

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

30. STATUTORY VESTED RIGHTS DETERMINATION – DAVIS PARK POD G

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

Motion 1: To adopt an ordinance approved statutory vested rights for site plan D2200108, Davis Park Pod G, with an expiry date for the site plan of December 2, 2029.

31. STREET CLOSING - PERMANENT CLOSING OF 2,899 SQUARE FEET OF VICTORY LANE

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

Motion 1: To permanently close portions of the cul-de-sac that previously served as the terminus of Victory Lane, totaling 2,899 square feet.

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

Supplemental Items

Community Development Department

32. AUTHORIZATION FOR LOAN ASSIGNMENT FROM CRESCENT ACQUISITIONS, LLC FOR THE DEVELOPMENT OF SANDY RIDGE VILLAS

To authorize the City Manager to accept the loan assignment of $3.1 million for the development of Sandy Ridge Villas;

To authorize the City Manager to execute all documents and instruments necessary and appropriate to carry out the loan assignment; and

To authorize the City Manager to make non-material changes to all documents and instruments necessary to carry out the loan assignment, provided these changes do not increase the City's financial obligations or materially diminish its benefits.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=669&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.