City Council · Regular Meeting · November 7, 2024

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\_ily2jMe\_SE-N4mNnkg6MJg 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 OPEN SPACE & TRAILS COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy representing At-Large on the Durham Open Space & Trails Commission with the term to expire on June 30, 2026.

(Due to the term expiration of Melissa Southern)

2. DURHAM CITY-COUNTY APPEARANCE COMMISSION - APPOINTMENTS

To appoint residents to fill two (2) vacancies on the Durham City-County Appearance Commission with the terms to expire on April 1, 2025 and April 1, 2026.

(Due to the resignation of Mabel Imani McCreary and termination of Makayla C. Jarvis)

3. HUMAN RELATIONS COMMISSION - APPOINTMENTS

To appoint residents to fill two (2) vacancies on the Human Relations Commission with the terms to expire June 30, 2025.

(Due to the resignations of John J. Hoffman and Asmae Qarouach)

4. PARTICIPATORY BUDGETING STEERING COMMITTEE - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Participatory Budgeting Steering Committee representing At-Large with the term to expire on June 30, 2026.

(Due to the resignation of Murphy Liu)

Departmental Items

Budget and Management Services Department

5. FY 2025-26 BUDGET DEVELOPMENT SCHEDULE

To adopt the FY 2025-26 Budget Development Schedule.

Communications Department

6. CONTRACT MODIFICATION WITH LANGUAGE SERVICE SOLUTIONS, LLC FOR SPANISH INTERPRETATION AND TRANSLATION SERVICES

To authorize the City Manager to execute the Second Amendment to Contract for Language Access Services with Language Service Solutions, LLC in the amount of $150,000 for a revised, total contract amount not to exceed $270,000.

General Services Department

7. DURHAM STATION TRANSIT CENTER IMPROVEMENTS PROJECT AUTHORIZATION TO NEGOTIATE AND EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT TO THE CONSTRUCTION MANAGER AT RISK (CMAR) 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 project, provided the total construction cost does not exceed $21,860,400 for a total revised Construction Manager at Risk (CMAR) contract amount of $21,950,402;

To establish a contingency fund in the amount of $962,151; 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 $22,912,553.

8. PROPOSED ACQUISITION OF PROPERTY FOR THE GODURHAM ACCESS MAINTENANCE FACILITY

To approve the acquisition of approximately 12.2 acres from Omni Builder Group Corp. and Home-Kim/HK Windows, Inc. located at 730 Junction Road (Parcel ID 230415), 734 Junction Road (Parcel ID 230416), and 740 Junction Road (Parcel ID 161183) for $2,000,000.

9. DESIGN-BUILD SERVICES CONTRACT WITH COLUMBARIUM PLANNERS, INC. FOR THE BEECHWOOD CEMETERY COLUMBARIUM PROJECT

To adopt the Resolution Finding that the use of the Design-Build Project Delivery Method for the Beechwood Cemetery Columbarium Project is in the best interest of the City;

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2024-2025, as amended, the same being Ordinance #16338;

To authorize the City Manager to execute a design-build contract with Columbarium Planners, Inc. for preliminary design and preconstruction services for the Beechwood Cemetery Columbarium Project for an amount not to exceed $17,500;

To authorize the City Manager to execute a design-build contract amendment with Columbarium Planners, Inc. for construction of Beechwood Cemetery Columbarium project, if the City Manager accepts the Design-Build proposal, provided the total construction cost does not exceed $157,500, for a total, revised design-build contract amount of $175,000;

To establish a contingency fund in the amount of $5,000; and

To authorize the City Manager to negotiate and execute modifications to the design-build contract, including both design/preconstruction services and construction services, provided that the total contract amount, together with all modifications, does not exceed $180,000.

Office of Economic and Workforce Development

10. AMERICAN RESCUE PLAN ACT (ARPA) - BRIDGING BUSINESS OPPORTUNITY ANDEQUITY PROJECT

To authorize the City Manager to execute an ARPA subaward grant agreement with Infinity Bridges, Inc. in an amount not to exceed $400,035.

Parks and Recreation Department

11. JANITORIAL SERVICES CONTRACT FOR THE DURHAM ARMORY

To authorize the City Manager to execute a Contract for Janitorial Services for the Durham Armory with Top Notch Carpet & Upholstery Cleaning, LLC in an amount not to exceed $129,000.

Police Department

12. 2024 COMMUNITY POLICING DEVELOPMENT MICRO-GRANT GRANT PROJECT ORDINANCE

To authorize the City Manager to accept the 2024 Community Policing Development Micro-grant by executing the grant documents; and

To adopt the 2024 Community Policing Development Micro-grant Grant Project Ordinance in the amount of $175,000

Public Works Department

13. STREET AND UTILITY ACCEPTANCES

To accept certain streets and infrastructure in Brighton Station Residential; Dogwood Pointe Subdivision; Grandin Trace Subdivision; Lakeshore, Phase 3 (excluding sewer); Lednum Street Homes; National Way Road Extension (excluding sewer); Nichols Farm, Phases 1 and 2; The Corners at Brier Creek, Infrastructure; Trailwood Subdivision; 510 E. Pettigrew Apartments Phase 1; Barbee Chapel Road Sanitary Sewer extension; and The Corners at Brier Creek, Phase B for maintenance by the City of Durham.

14. STREAM VEGETATION MANAGEMENT CONTRACT WITH RIPPLE ECOSOLUTIONS, LLC (SP-2025-03)

To authorize the City Manager to execute Contract SP-2025-03, Stream Vegetation Management, with Ripple EcoSolutions, LLC in the amount of $76,111 and establish a 15% contingency fund in the mount of $11,417 for a total contract not to exceed amount of $87,528; and

To authorize the City Manager to negotiate change orders for Contract SP-2025-03 provided that no such change orders collectively shall exceed the total contract cost of $87,528.

15. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) INSPECTIONS (SD-2024-09)

To authorize the City Manager to execute Contract SD-2024-09, Municipal Separate Storm Sewer System (MS4) Inspections, with Vision NC, LLC in the amount of $229,900.

16. CONTRACT AMENDMENT NO. 3 FOR SD-2021-06 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) INSPECTIONS

To authorize the City Manager to renew and amend the existing contract SD-2021-06, Municipal Separate Storm Sewer System (MS4) Inspections, with Duke’s Root Control, Inc. for one year and in the amount of $371,600 for a total revised contract amount of $1,510,150.

17. CONTRACT AMENDMENT NO. 1 FOR SD-2023-01 DRAINAGE STRUCTURE ACCESS AND STABILIZATION

To authorize the City Manager to execute an amendment to contract SD-2023-01, Drainage Structure Access and Stabilization, with White Oak Construction Corp of N.C. in the amount of $183,827 for a total revised contract amount of $557,796.

To authorize the City Manager to negotiate additional change orders for contract SD-2023-01 provided that the total cost of the contract, including the remaining contract contingency of $56,095, does not exceed $613,891.

Transportation Department

18. CONTRACT WITH PARKMOBILE, LLC, FOR PAY-BY-PHONE MOBILE PAYMENT SERVICES

To authorize the City Manager to execute the contract with Parkmobile, LLC, for pay-by-phone mobile payment services.

Water Management Department

19. FELLOWSHIP PLACEMENT AGREEMENT BETWEEN THE CITY OF DURHAM AND FUSE CORPS FOR TREATMENT PLANT ENERGY EFFICIENCY

To authorize the City Manager to execute a Fellowship Placement Agreement with the nonprofit FUSE Corps in the amount of $180,000 for an Executive Fellowship Project for Treatment Plant Energy Efficiency and to authorize to City Manager to negotiate and amend the Agreement in the best interest of the City so long the contract amount does not exceed $180,000.

20. AWARD OF CONSTRUCTION CONTRACT TO CAROLINA CIVILWORKS INC. FOR BROWN WATER TREATMENT PLANT DEWATERING POLYMER SYSTEM MODIFICATIONS

To authorize the City Manager to execute a contract with Carolina Civilworks Inc. for construction of Brown Water Treatment Plant Dewatering Polymer System Modifications in an amount not to exceed $1,172,653.10;

To establish a contingency fund for the contract in the amount of $117,265; and

To authorize the City Manager to negotiate and execute modifications to the contract provided the total contract amount including existing contingency funds does not exceed $1,289,918.10.

Public Hearings

City-County Planning Department

21. CONSOLIDATED ANNEXATION – CONSTITUTION DRIVE RIGHT-OF-WAY

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

Motion 1: To adopt an ordinance annexing 'Constitution Drive Right-of-Way' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Southland Associates, Inc.;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, county jurisdiction and establishing the same as Residential Suburban-20, city jurisdiction; and

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

22. ZONING MAP CHANGE – VIVO LIVING DURHAM

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 Office and Institutional, Major Transportation Corridor I-40, and establishing the same as Planned Development Residential 53.390, Major Transportation Corridor I-40; and

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

23. CONSOLIDATED ANNEXATION – DOC NICHOLS TOWNS

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

Motion 1: To adopt an ordinance annexing 'Doc Nichols Towns' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Milan Realty, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, Falls/Jordan Watershed Overlay District B, county jurisdiction and establishing the same as Planned Development Residential 5.555, Falls/Jordan Watershed Overlay District B, city jurisdiction; and

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

24. CONSOLIDATED ANNEXATION – TRI-CREEK

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

Motion 1: To adopt an ordinance annexing 'Tri-Creek' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Marsh & Partners, LLC;

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural, Falls/Jordan Watershed Overlay District B, county jurisdiction and establishing the same as Planned Development Residential 3.768, Falls/Jordan Watershed Overlay District B, city jurisdiction; and

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

25. ZONING MAP CHANGE – CARING HOUSE EXPANSION

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 Planned Development Residential 0.000 and establishing the same as Planned Development Residential 0.000; and

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

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

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=668&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.