Durham City Council · Regular Meeting · October 5, 2023

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\_qGvEmoPxQm-oWFa3NlTFwg to register to speak during the Work Session.Your registration should be submitted by10:00 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 City-County Environmental Affairs Board - Appointment

To appoint a resident to fill one (1) vacancy 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)

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

To appoint a resident to fill one (1) vacancy on the Durham Convention & Visitors Bureau (Discover Durham) with one (1) representing the category of Lodging - Limited Services with the term to expire on October 31, 2026.

(Due to the term expiration of Prerna Desai)

3. Participatory Budgeting Steering Committee - Appointments

To appoint residents to fill three (3) vacancies on the Participatory Budgeting Steering Committee representing At-Large with the terms to expire on June 30, 2024 and June 30, 2025.

(Due to the resignations of Marion T. Johnson, Dawn A. Paige, and Jadda Richardson)

4. Human Relations Commission - Appointments

To appoint residents to fill four (4) vacancies on the Human Relations Commission representing one (1) African-American Person, one (1) Caucasian/Non-Hispanic Person, one (1) Hispanic/Latino Person, and one (1) Other Person 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)

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.

Departmental Items

Budget and Management Services Department

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

To receive a follow-up presentation on the Fiscal Year 2023-24 carryover funding and employee bonuses;

To adopt a budget ordinance amending the City of Durham Budget Ordinance as amended, Fiscal Year 2023-24, the same being Ordinance #16162, to appropriate fund balance for the carryover request, appropriate fund balance to recognize encumbrances brought forward from the Fiscal Year 2022-23, appropriate fund balance for one-time employee bonuses from either Option 1, Option 2, Option 3 or City manager's recommendation and make other needed ordinance amendments;

To adopt a Resolution superseding Resolution #10296 to amend the Internal Service Funds Fiscal Year 2023-24 Financial Plan for the purpose of recognizing encumbrance carry forwards and employee bonuses from either Option 1, Option 2, Option 3 or City Manager’s recommendation;

To adopt an Ordinance, amending the General Capital Improvement Ordinance, Fiscal Year 2023-24, as amended, the same being ordinance # 16163;

To adopt an Ordinance, amending the Transit Capital Improvement Ordinance, Fiscal Year 2023-24, as amended, the same being ordinance # 16168; and

To adopt an Ordinance, amending the Parking Capital Improvement Ordinance, Fiscal Year 2023-24, as amended, the same being ordinance #16167

City Attorney's Office

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.

City-County Planning Department

8. Durham Comprehensive Plan (2023)

To approve a resolution adopting the Durham Comprehensive Plan.

Communications Department

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.

General Services Department

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.

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.

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.

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

To declare the property located at 105 W. Morgan Street, Unit 100 and Unit 421 as surplus;

To accept the offer from Kandible Inc d/b/a Indian Monsoon to amend the lease at 105 West Morgan Street, Unit 100 to extend the term by two years and include additional space at Unit 421 with a term of nine years and six months, and two options to extend the term 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 Charter;

To authorize the City Manager to execute a lease amendment with a term of an additional two years for Unit 100 and a term of nine years and six months for Unit 421 with two options to extend the term by five years with the highest responsible bidder for commercial retail space at 105 West Morgan Street; 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 100 and Unit 421 with the highest responsible bidder.

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.

Human Resources Department

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.

Technology Solutions Department

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.

Public Hearings

City-County Planning Department

17. Unified Development Ordinance Text Amendment - Changes 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

Motion 2, To adopt the appropriate consistency statement as required per NCGS160D-605.

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

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

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

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

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

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

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=606&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.