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 Housing Authority Board of Commissioners - Appointment
To appoint Torrell Armstrong to the Durham Housing Authority Board of Commissioners who has: (1) Demonstrated experience in analyzing financial statements; (2) Demonstrated understanding of financing housing developments with tax credits and bonds would be helpful but not necessarily required and (3) Some experience in the successful development and/or management of real estate and housing construction would also be helpful but not necessarily a requirement. The term will expire on September 28, 2028.
(Due to the term expiration of Torrell Armstrong)
Vote: 7/0
2. Mayor's Hispanic/Latino Committee - Appointments
To appoint Luis F. Olivieri Robert and Joshua O. Toth to the Mayor’s Hispanic/Latino Committee with the terms to expire on October 1, 2025.
(Due to the term expirations of Luis F. Olivieri Robert and Joshua O. Toth)
Vote: 7/0
3. Approval of City Council Minutes
To approve the City Council minutes for the following meetings:
July 20, 2023 Work Session Minutes, August 7, 2023 Regular Meeting Minutes andAugust 10, 2023 Work Session Minutes
Vote: 7/0
4. August 2023 Bid Report
To receive a report on the bids that were acted upon by the City Manager in August 2023.
Vote: 7/0
5. Fiscal Year-End 2023 Inventory Performance Audit August 2023
To receive the Fiscal Year-End 2023 Inventory Performance Audit approved at the August 28, 2023, Audit Services Oversight Committee meeting.
Vote: 7/0
7. American Rescue Plan Act (ARPA) Project – Strengthening of Durham Nonprofits
To authorize the City Manager to execute an ARPA subrecipient grant agreement with The Triangle Nonprofit & Volunteer Leadership Center (TNVLC)in an amount not to exceed $147,000.
Vote: 7/0
8. Contract With North Carolina Coalition to End Homelessness (NCCEH) To Provide Homeless Management Information System Lead Agency Services
To authorize the City Manager to execute a contract with the North Carolina Coalition to End Homelessness, Inc. to provide services as the HMIS Lead Agency for one year in the amount of $63,383.00 using Dedicated Housing Funds.
Vote: 7/0
9. Cemetery Ordinance Revisions and Project Updates
To receive a presentation on the Beechwood Cemetery Expansion Projects; and
[A presentation was made at the September 21, 2023 City Council Work Session.]
To adopt an Ordinance Amending Certain Sections in Chapter 14 of the Durham City Code to Allow for Green Burials in City Cemeteries.
Vote: 7/0
10. Extension of Lease Between City of Durham and LRC-GB, LLC at 807 East Main Street, Golden Belt Suite 5-100 for the Office of Economic and Workforce Development
To authorize the City Manager to exercise the three-year option to renew the existing lease agreement with LRC-GB, LLC, in the amount of $516,264 for office space at Building 5 Suite 100 of the Golden Belt complex located at 807 East Main Street.
Vote: 7/0
11. Resolution Authorizing the City Manager to Execute a Lease and License Agreement with Cellco Partnership D/B/A Verizon Wireless at 1701 Cole Mill Road
To adopt a resolution authorizing the City Manager to execute a ten-year lease with Cellco Partnership d/b/a Verizon Wireless for a portion of the City-owned property located at 1701 Cole Mill Road (parcel #174121), having first determined that this portion of the property is not needed for any defined future public purpose during the term of the lease; 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.
Vote: 7/0
12. American Rescue Plan Act/Coronavirus State Local Fiscal Recovery Fund Funds Subaward Agreement with Central Pines Regional Council of Government for Administration of the Durham Solarize Low to Moderate Income Program
To authorize the City Manager to execute an ARPA subrecipient grant agreement with Central Pines Regional Council to administer the Durham Solarize Low to Moderate Income Program in an amount not to exceed $241,000.
Vote: 7/0
13. Ellerbe Creek Rookery Dedicated Nature Preserve
To authorize the City Manager to execute the Articles of Dedication with the State of North Carolina Department of Cultural Resources;
To authorize the City Manager to make changes to the Articles of Dedication, as required;
To authorize the City Manager to execute a Management Plan for the Dedicated Nature Preserve with the State of North Carolina Department of Cultural Resources; and
To authorize the City Manager to make changes to the Management Plan, as required.
Vote: 7/0
14. Contract Amendment 3 with CMTA of Kentucky, Inc. for the Durham Performing Arts Center HVAC Phase 2 Project
To authorize the City Manager to execute the Third Amendment to the Contract for Commissioning and Peer Review for Durham Performance Arts Center HVAC Upgrades Between the City of Durham and CMTA of Kentucky, Inc., in the amount of $227,500 for a revised, total contract amount not to exceed $383,500;
To amend the existing contingency fund of $19,650 by an increase of $27,300 for a revised, total contingency fund of $46,950; and
To authorize the City Manager to negotiate and execute modifications to the Contract for Commissioning and Peer Review for Durham Performance Arts Center HVAC Upgrades Between the City of Durham and CMTA of Kentucky, Inc., provided that the total cost of the contract together with all modifications does not exceed $430,450.
Vote: 7/0
15. Purchase Contract with Brady Trane Service, Inc. for the Durham Performing Arts Center Phase 2 HVAC Project
To adopt an ordinance amending the Durham Performing Arts Center Capital Improvements Project Ordinance, Fiscal Year 2023-24, as amended, the same being Ordinance #16169, for the purpose of allocating additional funding for the Durham Performing Arts Center Phase 2 HVAC project;
To authorize the City Manager to execute a purchase contract with Brady Trane Service, Inc. in the amount not to exceed $8,278,870;
To establish a contingency fund in the amount of $993,464; and
To authorize the City Manager to negotiate and execute modifications to the purchase contract, provided that the total cost of the contract together with all modifications does not exceed $9,272,334.
Vote: 7/0
16. Supplemental Agreement #2 to Master Agreement #18919 with Stantec Consulting Services, Inc. for Multimodal Improvement Design Services
To authorize the City Manager to execute Supplemental Agreement #2 with Stantec Consulting Services, Inc. for Multimodal Improvement Design Services in the amount of $353,468.50.
Vote: 7/0
17. Municipal Agreement with the North Carolina Department of Transportation for NC 98 & Lynn Road Intersection Improvements TIP #HS-2005N
To authorize the City Manager to execute the Municipal Agreement with the North Carolina Department of Transportation for the NC 98 & Lynn Road Intersection Improvements project (TIP # HS-2005N) in the amount of $500,000.
Vote: 7/0
18. Triangle Land Conservancy South Fork Forest Watershed Protection Project – Authorization to Fund
To authorize the expenditure of $70,000 from the City’s Watershed Protection funds for the Triangle Land Conservancy South Fork Forest Watershed Protection Project.
Vote: 7/0
19. Contract Amendment No. 1 to the Professional Engineering Services Contract withKimley-Horn and Associates, Inc. for the 2021 Lift Station Improvements, Group B Lift Stations Project
To authorize the City Manager to execute Contract Amendment No. 1 to the FY21 Lift Station Improvements Group B Lift Stations project with Kimley-Horn and Associates, Inc. in the amount of $549,400 increasing the total contract amount to $1,929,700; and
To authorize the City Manager to negotiate modifications to the contract provided that the total contract cost, including existing contingency funds of $138,700, does not exceed $2,068,400.
Vote: 7/0
The following items were disposed during the September 21, 2023 City Council Work Session:
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.
[This item was referred back to Administration – Budget and Management Services.]
20. Discussion on the Don’t Waste Durham and the Environmental Law and Policy Clinic’s Plastic Bag Ordinance
[A presentation as made at the September 21, 2023 City Council Work Session.]
21. Update on Results from "Prescriptions for Repair" Pilot
[A presentation was made at the September 21, 2023 City Council Work Session.]
General Business Agenda - Public Hearings
22. Proposed Ordinance to Adopt Updated Capital Facility Fees
To conduct a public hearing to receive comments and consider the following motion:
To adopt an ordinance revising the City’s Capital Facility Fees for water and sewer service as authorized by City of Durham Code of Ordinances, Section 70 - 50, and to make the required changes to Part 15-103 (a) (Capital facility fees) of the City’s fee schedule, effective January 1, 2024.
Vote: 7/0
23. Consolidated Annexation - Sagebrook
To conduct a public hearing to receive comments and consider the following motions:
Motion 1, To adopt an ordinance annexing 'Sagebrook' into the City of Durham effective December 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Sagebrook Durham, LLC;
Motion 2, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural, Falls/Jordan District-B, county jurisdiction and establishing the same as Planned Development Residential 6.943, Falls/Jordan District-B, City jurisdiction; and
Motion 3, To adopt a Consistency Statement as required by NCGS 160D-605.
[No vote taken. This item was referred back to the Administration – City-County Planning Department.]
24. Consolidated Annexation - Brier Creek ACT
To conduct a public hearing to receive comments and consider the following motions:
Motion 1, To adopt an ordinance annexing 'Brier Creek ACT' into the City of Durham effective December 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with CSH Brier Creek ACT, LLC;
Vote: 7/0
Motion 2, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural, county jurisdiction and establishing the same as Planned Development Residential 13.367, city jurisdiction; and
Vote: 7/0
Motion 3, To adopt a Consistency Statement as required by NCGS 160D-605.
Vote: 7/0
25. Consolidated Annexation - Smallwood Townhouses
To conduct a public hearing to receive comments and consider the following motions: Motion 1, To adopt an ordinance annexing 'Smallwood Townhouses' into the City of Durham effective December 31, 2023; and to authorize the City Manager to enter into a utility extension agreement with Holly Springs Associates, LLC; \[Approved by Vote: 6/1. Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman, Johnson and Williams. Noes: Council Member Freeman.\] Motion 2, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Rural, county jurisdiction and establishing the same as Planned Development Residential 7.405, city jurisdiction; and \[Approved by Vote: 6/1. Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman, Johnson and Williams. Noes: Council Member Freeman.\] Motion 3, To adopt a Consistency Statement as required by NCGS 160D-605. \[Approved by Vote: 7/0\]. (Resource Person: Brooke Roper - 919-560-4137 ext. 28211) (PR# 16459) | ---
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=607&doctype=1#mediaAndItemView "Read more details about this section") – 10:16 p.m.