City Council · Regular Meeting · September 19, 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\_kiCbwBKhR8WIUy4khmHbdg 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

Ceremonial Items

Week Without Driving 2024 Proclamation Announcements by Council

Priority Items by the City Manager, City Attorney and City Clerk

Administrative Consent Items

City Clerk's Office

1. DURHAM HOUSING AUTHORITY BOARD OF COMMISSIONERS - MAYORAL APPOINTMENT

To appoint S. Nicole Diggs to the Durham Housing Authority Board of Commissioners representing Mayor's Appointee with the term to expire on September 28, 2027.

(Due to the resignation of Kimberly V. Williams)

2. 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 resignation of Shakira R. Campbell)

3. DURHAM CITY-COUNTY APPEARANCE COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Durham City-County Appearance Commission with the term to expire on April 1, 2025.

(Due to the termination of Alejandro A. Ibrahim)

4. RACIAL EQUITY COMMISSION - APPOINTMENTS

To appoint residents to fill three (3) vacancies on the Racial Equity Commission with one (1) representing Ward 1, with one (1) representing Ward 3, and with one (1) representing At-Large with the terms to expire on October 18, 2027.

(Due to the term expirations of Delvin M. Davis and David G. Williams and termination of Derek S. Rhodes)

5. DURHAM HISTORIC PRESERVATION COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy on the Durham Historic Preservation Commission representing Architect with the term to expire on September 1, 2027.

(Due to the term expiration of Andrew C. Goolsby)

6. APPROVAL OF CITY COUNCIL MINUTES

To approve the City Council minutes for the following meetings: Minutes of the 8/5/24 Work Session, 8/5/24 Regular Meeting, 8/8/24 Work Session, 8/19/24 Regular Meeting and the 8/22/24 Work Session.

Departmental Items

Audit Services Department

7. 2024 FISCAL YEAR-END INVENTORY PERFORMANCE AUDIT AUGUST 2024

To receive the 2024 Fiscal Year-End Inventory Performance Audit approved at the August 26, 2024 Audit Services Oversight Committee meeting.

Budget and Management Services Department

8. CONTRACT AGREEMENT WITH ETR SERVICES, LLC TO PROVIDE SERVICES FOR THE FY25 COMMUNITY CONVERSATIONS PROJECT

To authorize the City Manager to execute the contract with ETR Services, LLC for professional services not to exceed the amount of $163,150 for FY2024-25.

9. REQUEST TO CARRYOVER FUNDING FROM FISCAL YEAR 2023-24 TO FISCAL YEAR 2024-25 TO AMEND THE FISCAL YEAR 2024-25 BUDGET, CAPITAL IMPROVEMENT PLAN ORDINANCE, GRANT PROJECT ORDINANCE, SETTLEMENT PROJECT ORDINANCE AND INTERNAL SERVICE FUNDS SPENDING PLANS

To adopt a budget ordinance amending the City of Durham Budget Ordinance as amended, Fiscal Year 2024-25, the same being Ordinance #16337, to appropriate fund balance for the carryover request, appropriate fund balance to recognize encumbrances brought forward from the Fiscal Year 2023-24 and make other needed ordinance amendments;

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2024-25, as amended, the same being Ordinance #16380;

To adopt a Settlement Project Ordinance for the City of Durham Opioid Settlement Funds superseding Grant Project Ordinance 15984;

To adopt The U.S. Department Of Justice, Bureau Of Justice Assistance, Office Of Justice Programs, 2023 Patrick Leahy Bulletproof Vest Partnership (BVP) Program Grant Project Ordinance;

To adopt the American Rescue Plan Act (ARPA) of 2021 Interlocal Agreements with Durham County Grant Project Ordinance; and

To adopt a Resolution superseding Resolution #10342 to amend the Internal Service Funds Fiscal Year 2024-25 Financial Plan for the purpose of recognizing encumbrance carryforwards.

City Attorney's Office

10. CONTRACTS FOR STATE AND FEDERAL LOBBYING SERVICES

To authorize the City Manager to execute the Contract for State Lobbying Services with Checkmate Government Relations, LLC, in an amount not-to-exceed $240,000;

To authorize the City Manager to execute the Contract for Federal Lobbying Services with The Ferguson Group, L.L.C. (Washington, D.C.), in an amount not-to-exceed $172,000.

City Manager's Office

11. GRANT PROJECT ORDINANCE ACCEPTING AN AFRICAN AMERICAN MAYORS ASSOCIATION GRANT TO SUPPORT ECONOMIC MOBILITY PROGRAMS

To adopt the Grant Project Ordinance Accepting an African American Mayors Association Grant to Support Economic Mobility Programs in the amount of $30,000.

General Services Department

12. DURHAM ATHLETIC PARK FEASIBILITY STUDY

To authorize the City Manager to execute the Contract for the Durham Athletic Park Feasibility Study with Perkins + Will North Carolina, Inc. in an amount not to exceed $179,000.

13. REQUEST FOR A TEMPORARY CONSTRUCTION EASEMENT AT RIVER FOREST PARK

To authorize the conveyance of a temporary construction easement for $1,000 to 443 Infinity LLC or its successor in title for the construction of the Infinity Townes project;

To authorize the City Manager to convey the temporary construction easement via a non-warranty deed once work in the temporary construction easement is scheduled to begin; and

To authorize depositing the sale proceeds into 0100-661100.

Office of Economic and Workforce Development

14. FIRST AMENDMENT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT ADULT & DISLOCATED WORKER PROGRAM DELIVERY CONTRACT WITH ECKERD YOUTH ALTERNATIVES, INC., CONTRACT 19714

To ratify, and authorize the City Manager to execute, the contract amendment with Eckerd Youth Alternatives, Inc. to implement the WIOA Adult & Dislocated Worker Program for the period of July 1, 2023 through December 31, 2024 in the amount of $337,524 for a total, not to exceed contract amount of $777,442.

15. CONTRACT AMENDMENT #2 FOR DURHAM WORKFORCE DEVELOPMENT BOARD, WORKFORCE INNOVATION AND OPPORTUNITY ACT YOUTH PROGRAM ECKERD YOUTH ALTERNATIVES, INC.

To authorize the City Manager to execute a second amendment with Eckerd Youth Alternatives, Inc. d.b.a. Eckerd Connects to extend the WIOA Youth Program for the period of October 1, 2024 through September 30, 2025, in the amount of $300,000 for a total, not to exceed contract amount of $600,000; and

To adopt the U.S. Department of Labor PY 2024-2026 Grant Project Ordinance for Federal Grant to execute City of Durham Workforce Innovation and Opportunity Act (WIOA) Employment Training Program, recognizing the grant award in the amount of $625,311.

Presentations

General Services Development

16. [DURHAM CONVENTION CENTER AND HEADQUARTER HOTEL MARKET AND FINANCIAL FEASIBILITY STUDY[30 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=661&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the Durham Convention Center and Headquarter Hotel Market and Financial Feasibility Study.

Public Hearings

City-County Planning Department

17. CONSOLIDATED ANNEXATION – YATES RIGHT-OF-WAY

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 the Residential Suburban-20 and Falls/Jordan Watershed Protection Overlay District B, county jurisdiction and establishing the same as Residential Suburban-20 and Falls/Jordan Watershed Protection Overlay District B, city jurisdiction; and

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

18. CONSOLIDATED ANNEXATION – BRISTLEWOOD RIGHT-OF-WAY

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 the Planned Development Residential 4.166, Residential Suburban-20, and Falls/Jordan Watershed Protection Overlay District B, county jurisdiction and establishing the same as Planned Development Residential 4.166, Residential Suburban-20, and Falls/Jordan Watershed Protection Overlay District B, city jurisdiction; and

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

19. CONSOLIDATED ANNEXATION – PARMER EDGE

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

Motion 1: To adopt an ordinance annexing 'Parmer Edge' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Parmer Edge, LLC;

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

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

20. ZONING MAP CHANGE – SUNROCK CAMDEN

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 Industrial Light, Industrial, Falls/Jordan Watershed Protection Overlay District B, and establishing the same as Industrial, Falls/Jordan Watershed Protection Overlay District B; and

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

21. ZONING MAP CHANGE – DUKE CENTRAL CAMPUS ADDITION

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, Commercial General with a Development Plan, Office and Institutional, Office and Institutional with a Development Plan, University and College, University and College with a Development Plan, Residential Urban-Multifamily, Commercial Neighborhood, and Compact Design-Core with a Development Plan and establishing the same as University and College with a Graphic Development Plan; 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.

Supplemental Items

City Council

22. RESOLUTION TO ADOPT THE NACTO “URBAN STREET DESIGN GUIDE” AND “URBAN BIKEWAY DESIGN GUIDE” AS OFFICIAL CITY OF DURHAM BIKEWAY AND STREET DESIGN GUIDES

To adopt by resolution the NACTO Urban Street Design Guide and Urban Bikeway Design Guide as the Official City of Durham Bikeway and Street Design Guides.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=661&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.