Durham City Council · Regular Meeting · September 21, 2023

City Council Work Session Agenda

To access Agenda-related documents, please click on the underlined Agenda Item title. Click here https://us06web.zoom.us/webinar/register/WN\_WpQ2SxWASPu69Rxo8vYiPw 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 Housing Authority Board of Commissioners - Appointment

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

2. Mayor's Hispanic/Latino Committee - Appointments

To appoint residents to fill two (2) vacancies on 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)

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

Finance Department

4. August 2023 Bid Report

To receive a report on the bids that were acted upon by the City Manager in August 2023.

Departmental Items

Audit Services Department

5. Fiscal Year-End 2023 Inventory Performance Audit August 2023

To receive the Fiscal Year-End 2023 Inventory Performance Audit approved at the August28, 2023, Audit Services Oversight Committee meeting.

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 presentation on the Fiscal Year 2023-24 carryover funding;

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 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;

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 Manager's Office

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.

Community Development Department

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.

General Services Department

9. Cemetery Ordinance Revisions and Project Updates

To receive a presentation on the Beechwood Cemetery Expansion Projects; and

To adopt an Ordinance Amending Certain Sections in Chapter 14 of the Durham City Code to Allow for Green Burials in City Cemeteries.

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.

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.

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.

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.

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.

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.

Transportation Department

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.

17. Municipal Agreement with the North Carolina Department of Transportation for NC 98 & Lynn Road Intersection Improvements TIP #HS-2005 N

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.

Water Management Department

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.

19. Contract Amendment No. 1 to the Professional Engineering Services Contract with Kimley-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.

Presentations

City Council

20. [Discussion on the Don’t Waste Durham and the Environmental Law and Policy Clinic’s Plastic Bag Ordinance [30 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=604&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation by the Don’t Waste Durham, Environmental Law and Policy Clinic and Plastic Bag Ordinance Sub-Committee on the Plastic Bag Ordinance.

Community Safety Department

21. [Update on Results from "Prescriptions for Repair" Pilot [15 Minutes]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=604&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the initial results of the "Prescriptions for Repair" pilot program.

Public Hearings

Water Management Department

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.

City-County Planning Department

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.

24. Consolidated Annexation - Brier Creek A CT

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;

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

Motion 3, To adopt a Consistency Statement as required by NCGS 160D-605.

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;

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

Motion 3, To adopt a Consistency Statement as required by NCGS 160D-605.

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=604&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.