Durham City Council · Regular Meeting · September 5, 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 Leonardo Williams Absent: Jillian Johnson

Consent Agenda

1. Workforce Development Board - Appointments

To appoint Bryan Fox and Jerry L. Jones representing Private Sector, Michelle Muir representing State Employment Service, Elizabeth "Lizzie" Ellis-Furlong representing Adult Education & Literacy, and Dewarren K. Langley representing Out-of-School Youth Organization to the Workforce Development Board with terms expiring on June 30, 2027.

Vote: 6/0

(Due to the term expirations of Kenneth Angeli, Gregory Bellamy, Quillie Coath Jr., Jeffrey L. Frederick, and Ernest Mills Sr.)

2. July 2023 Bid Report

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

Vote: 6/0

4. American Rescue Plan Act (ARPA) Project - Merrick-Moore Community Preservation Project

To authorize the City Manager to execute an ARPA subrecipient grant agreement with Merrick-Moore Community Development Corporation in an amount not to exceed $525,000 to support community members by assisting with home repairs, energy upgrades, flood prevention, and improving air quality.

Vote: 6/0

5. Durham Open Space and Trails Interlocal Agreement Update

To resolve that the City Manager is authorized to execute the updated City of Durham and County of Durham Interlocal Cooperation Agreement for Open Space and Trails Planning.

Vote: 6/0

6. FY24 Interlocal Agreement with Durham County Regarding Bull City United and Project Build

To resolve that the City Manager be authorized to execute an Interlocal Agreement with Durham County for an amount not to exceed $1,176,100 to support Bull City United and Project BUILD.

Vote: 6/0

7. Renew Contract with North Carolina Administrative Office of the Courts for Domestic Violence Caseload

To authorize the City Manager to renew a contract with North Carolina Administrative Office of the Courts in the amount not to exceed $176,460 to fund an Assistant District Attorney and Legal Assistant in the Durham District Attorney’s Office for the purpose of addressing domestic violence cases.

Vote: 6/0

8. Renew Contract with North Carolina Administrative Office of the Courts for Gang Reduction Caseload

To authorize the City Manager to renew a contract with the North Carolina Administrative Office of the Courts in the amount not to exceed $99,714 to fund an Assistant District Attorney in the Durham District Attorney’s Office for the purpose of addressing gang violence cases.

Vote: 6/0

9. Contract Renewal with Legal Aid of NC to Administer the Durham Expunction and Restoration (DEAR) Program

To authorize the City Manager to renew a contract with Legal Aid of North Carolina in an amount not to exceed $245,000 to administer the Durham Expunction and Restoration (DEAR) program for Fiscal Year 2024.

Vote: 6/0

10. Limited Obligation Bonds, Series 2023

To adopt a Resolution approving an amendment to an Installment Financing Contract not to exceed $138,000,000 and associated documents, and providing for certain other related matters.

Vote: 6/0

11. 2023 Second Quarter Crime Report

[A presentation was made during the August 24, 2023 Work Session]

To receive a presentation on the 2023 Second Quarter Crime Report; and

To receive the 2023 Second Quarter Crime Report.

Vote: 6/0

12. Joint Funding Agreement with the U.S. Geological Survey for Operation and Maintenance of the City of Durham Rainfall and Streamflow Network

To authorize the City Manager to execute a joint funding agreement with the U.S. Geological Survey for the continued operation and maintenance of the automated rainfall and streamflow monitoring network at an amount not to exceed $485,500 for the period covering October 1, 2023 through September 30, 2026.

Vote: 6/0

13. Contract Amendment No. 2 for SD-2021-06 Municipal Separate Storm Sewer System (MS4) Inspections

To authorize the City Manager to renew and amend the existing contract SD-2021-06, Municipal Separate Storm Sewer System (MS4) Inspections, with Duke's Root Control, Inc. for one year and in the amount of $422,850 for a total revised contract amount of $1,138,550.

Vote: 6/0

14. Professional Services Contract Award to Hazen and Sawyer, P.C. for Planning for Biosolids Treatment and Renewable Energy at the North and South Durham Water Reclamation Facilities

To authorize the City Manager to execute a professional services contract with Hazen and Sawyer, P.C. for the Planning for Biosolids Treatment and Renewable Energy at the North and South Durham Water Reclamation Facilities for a not to exceed contract amount of $1,412,215;

To establish a contingency fund for the contract in the amount of $140,000; and

To authorize the City Manager to negotiate and execute amendments to the contract provided the total project cost does not exceed $1,552,215.

Vote: 6/0

15. Contract Amendment No. 2 to the Professional Engineering Services Contract with Freese and Nichols, Inc. for the South Durham Phase III Hydraulic Model

To authorize the City Manager to execute Contract Amendment No. 2 with Freese and Nichols, Inc. for professional engineering services in the amount not to exceed $248,800 for a total revised contract amount of $1,602,130; and

To authorize the City Manager to negotiate modifications to the contract provided that the total contract cost, including contingency funds, does not exceed $1,636,130.

Vote: 6/0

16. Resolution to Authorize an Application for a Drinking Water State Revolving Fund Lead Service Line Replacement No-Interest Loan and Grant

To adopt the resolution authorizing an application for funding for a service line inventory field verification project for disadvantaged areas through a $1,000,000 Drinking Water State Revolving Fund loan and grant.

Vote: 6/0

25. U.S. Department of Transportation - Federal Aviation Administration - Airport Improvement Program Grant Offer 3-37-0056-064-2023 (Grant 64)

To accept the U.S. Department of Transportation - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Offer 3-37-0056-064-2023 (Grant 64), in the amount of $10,000,000; and

To authorize the City Manager to execute the associated Grant Agreement.

Vote: 6/0

The following items were disposed during the August 24, 2023 City Council Work Session: - Agenda Item #11 – 2023 Second Quarter Crime Report \[A presentation was made during the August 24, 2023 Work Session.\] - Agenda Item #18 – American Rescue Plan Act (ARPA) Update \[A presentation was made during the August 24, 2023 Work Session.\] - Agenda Item #19 – Annual Update on Progress of Bull City United \[A presentation was made during the August 24, 2023 Work Session.\] - Agenda Item #20 – Police Satisfaction Survey Results by ETC Institute \[A presentation was made during the August 24, 2023 Work Session.\]

General Business Agenda - Public Hearings

21. Unified Development Ordinance Text Amendment - Phased Development and Tree Preservation

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

Motion 1, To adopt an ordinance amending the Durham Unified Development Ordinance, incorporating revisions to Article 7, Design Standards; Article 8, Environmental Protection; Article 9, Landscaping and Buffering; and Article 13, Additional Requirements for Subdivisions, effective October 1, 2023; and

Vote: 6/0

Motion 2, To adopt the appropriate consistency statement as required per NCGS - 160D-605.

Vote: 6/0

22. Consolidated Annexation - 1102 and 1034 South Miami Boulevard

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

Motion 1, To adopt an ordinance annexing '1102 and 1034 South Miami Boulevard' into the City of Durham effective September 30; and to authorize the City Manager to enter into a utility extension agreement with BPC NC Miami Durham, LLC; Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Freeman, and Williams. Noes: Council Member Holsey-Hyman. Absent: Council Member Johnson.

Vote: 5/1

Motion 2, To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-20 and Commercial Center, Falls/Jordan District B, County Jurisdiction and establishing the same as Residential Suburban Multifamily with a Development Plan, Falls/Jordan District B, City Jurisdiction; and Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Freeman, and Williams. Noes: Council Member Holsey-Hyman. Absent: Council Member Johnson.

Vote: 5/1

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

Vote: 6/0

23. Zoning Map Change - 301 Infinity Road

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, Eno District-B and establishing the same as Planned Development Residential 7.203 and Office & Institutional with a development plan, Eno District-B; and [FAILED by Vote: 3/3] Ayes: Mayor Pro Tempore Middleton and Council Members Caballero and Williams. Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman. Absent: Council Member Johnson.

Motion 2, To adopt a Consistency Statement as required by NCGS 160D-605. Ayes: Mayor O’Neal, Mayor Pro Tempore Middleton and Council Members Caballero, Holsey-Hyman and Williams. Noes: Council Member Freeman.Absent: Council Member Johnson.

Vote: 5/1

24. Proposed Updates to Connection, Pump Station Review, and Flow Monitoring Fees

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

To adopt an ordinance amending Part 13-106 and Part 13-109 of the City's fee schedule.

Vote: 6/0

Supplemental Item

26. Engagement Plan Update for Unified Development Ordinance Text Amendment, Simplifying Codes for Affordable Development (TC2200001)

To receive an update on the engagement plan for the Simplifying Codes for Affordable Development proposal.

Note: Item referred back to City-County Planning Department. No vote taken.

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=596&doctype=1#mediaAndItemView "Read more details about this section") 10:03 p.m.