Durham City Council · Regular Meeting · October 16, 2023

Durham City Council Action Agenda

Present: Mayor Elaine O’Neal Mayor Pro Tempore Mark-Anthony Middleton and Council Members: Javiera Caballero DeDreana Freeman Monique Holsey-Hyman Jillian Johnson Leonardo Williams Absent:None.

Consent Agenda

1. Durham City-County Environmental Affairs Board - Appointment

To appoint Taylor Price to the Durham City-County Environmental Affairs Board representing At-Large with the term to expire on June 30, 2026.

(Due to the resignation of Juilee N. Malavade)

Vote: 7/0

2. Durham Convention & Visitors Bureau (Discover Durham) - Appointment

To appoint Prerna Desai to the Durham Convention & Visitors Bureau (Discover Durham) representing the category of Lodging - Limited Services with the term to expire on October 31, 2026.

(Due to the term expiration of Prerna Desai)

Vote: 7/0

4. Human Relations Commission - Appointments

To appoint Alexandria Gwynn representing African-American Person, Michael L. Ross representing Caucasian/Non-Hispanic Person, Michael Maldonado-Melgar representing Hispanic/Latino Person, and Demorio Melvin representing Other Person to the Human Relations Commission with the terms to expire June 30, 2024 and June 30, 2025.

(Due to the resignations of Christine L. Cody, Maria L. Solis-Guzman, Ebony Sneed, and Hayley A. Thompson)

Vote: 7/0

5. Approval Of City Council Minutes

To approve the City Council minutes for the following meetings:August 21, 2023 Regular meeting; August 22, 2023 Special meeting; August 24, 2023 Work Session; August 31, 2023 Special Joint meeting; September 5, 2023 Regular meeting; September 7, 2023 Work Session; and September 11, 2023 Special meeting.

Vote: 7/0

7. New Position Classification - Associate Attorney

To authorize the City Manager to amend the plan of position classification to add the classification of Associate Attorney.

Vote: 7/0

8. Durham Comprehensive Plan (2023)

To approve a resolution adopting the Durham Comprehensive Plan. Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson, Williams. Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.Absent: None.

Vote: 4/3

9. Service Subscription Agreement with Sprout Social, Inc. for Social Media Management Platform

To authorize the City Manager to execute the Service Subscription Agreement with Sprout Social, Inc. in an amount not to exceed $77,328.50.

Vote: 7/0

10. Increase In Authority for Construction Contract with Bar Construction Company, Inc. for Athletic Court Renovations – Piney Wood Park Pickleball Project

To authorize the City Manager to negotiate and execute a change order to the construction contract for the Athletic Court Renovations Piney Wood Park Pickleball contract with Bar Construction Company, Inc. in the amount of $22,223 for a revised, total contract amount of $734,606; and

To authorize the City Manager to negotiate and execute modifications to the Athletic Court Renovations Piney Wood Park Pickleball contract provided the total contract amount including existing contingency funds does not exceed $769,246.

Vote: 7/0

11. Contract Amendment No. 1 For Geotechnical Engineering and Materials Testing Services with A1 Consulting, Inc. for the Public Works Operations Center Project

To authorize the City Manager to execute Amendment No. 1 to the Agreement to Provide Geotechnical Engineering and Materials Testing Services between the City of Durham and A1 Consulting, Inc., in the amount of $12,485 for a revised, total contract amount of $62,445;

To establish a contingency fund for the contract in the amount of $10,000; and

To authorize the City Manager to negotiate and execute modifications to the Agreement to Provide Geotechnical Engineering and Materials Testing Services between the City of Durham and A1 Consulting, Inc., provided that the total contract amount including contingency funds does not exceed $72,445.

Vote: 7/0

14. Proposed Lease with Beyond Da Corners, LLC d/b/a Mi Barrio Nutrition at the Morgan Rigsbee Parking Garage, Unit 103

To declare the property located at 105 W. Morgan Street, Unit 103 as surplus;

To accept the offer from Beyond Da Corners, LLC d/b/a Mi Barrio to lease 105 West Morgan Street, Unit 103 with a term of seven years with one option to extend the tenancy by five years;

To advertise for upset bids pursuant to the Upset Bid Procedure (G.S. 160A-269);

To authorize the City Manager to accept the bid from the highest responsible bidder at the conclusion of upset bidding, pursuance to Section 86,3 of the City Charger;

To authorize the City Manager to execute a lease with a term of seven years with one option to extend the tenancy by five years for commercial retail space at 105 West Morgan Street, Unit 103 with the highest responsible bidder; and

To authorize the City Manager to execute subsequent documents permitted by or required by either the Lease and License Agreement or lease related documents for commercial retail space at 105 West Morgan Street, Unit 103 with the highest responsible bidder.

Vote: 7/0

15. Consultant Contract for Classification and Compensation Study

To authorize the City Manager to execute a contract between the City of Durham and Logic Compensation Group, LLC in the amount of $169,000 to conduct a classification and compensation study.

Vote: 7/0

16. First Amendment to Contract with SHI International Corp. for Microsoft Enterprise Software Licensing Agreement

To authorize the City Manager to execute the First Amendment to Microsoft Enterprise Software Licensing Agreement with SHI International Corp. in the amount of $113,590.76 for a revised, total contract amount not to exceed $2,092,846.52.

Vote: 7/0

General Business Agenda

12. Construction Contract with Pinam Construction, Inc. for Downtown Trash Compactor Project at 315 Holland Street

To authorize the City Manager to execute a contract for the Downtown Trash Compactor Project at 315 Holland Street with Pinam Construction, Inc. in the amount of $286,589;

To establish a contingency fund in the amount of $42,988; and

To authorize the City Manager to negotiate and execute modifications to the contract, provided that the total contract cost does not exceed $329,577. [This item was referred backto the General Services Department]

General Business Agenda - Public Hearings

17. Unified Development Ordinance Text Amendment - Changed Related to the Comprehensive Plan

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

Motion 1, To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 3, Zoning Map Change; Section 5, Development Plan effective upon adoption; and Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson, 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.

Vote: 7/0

18. Zoning Map Change - Aventon Harris Farms

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

Motion 1, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural, Falls/Jordan District-B and establishing the same as Planned Development Residential 12.471, Falls/Jordan District-B; and

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

Vote: 4/3

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.

Vote: 7/0

19. Zoning Map Change - Hillsborough Road Coca-Cola Bottling Site

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

Motion 1, To adopt an ordinance amending the Unified Development Ordinance by taking property out of Industrial Light and establishing the same as Planned Development Residential 64.223 and Commercial General with a graphic development plan; and

Vote: 7/0

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.

Vote: 7/0

20. Zoning Map Change - 2610 South Miami Boulevard

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

Motion 1, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20, Commercial Neighborhood, Industrial Light, and Industrial Light with a development plan and establishing the same as Planned Development Residential 19.824; and

Vote: 7/0

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605.

Vote: 7/0

The following items were disposed during the October 5, 2023, City Council Work Session:

3. Participatory Budgeting Steering Committee – Appointments

[This item was postponed until the November 6, 2023 City Council Meeting]

6. Request to Carryover Funding from Fiscal Year 2022-23 to Fiscal Year 2023-24,

Amend the Fiscal Year 2023-24 Budget, Other Capital Improvement Plan

Project Ordinances, and Internal Service Funds Spending Plans

[A presentation was made during the October 5, 2023 City Council Work Session

and the item was approved.]

13. Proposed Amendment to Lease Between City of Durham and Kandible Inc

d/b/a Indian Monsoon At Unit 100 And Unit 421 of the Morgan Rigsbee Parking

Garage

[This item was referred back to the General Services Department]

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=608&doctype=1#mediaAndItemView "Read more details about this section"): 10:39 p.m.