Durham City Council Meeting - February 7, 2022

The Durham City Council held a virtual meeting on Monday, February 7, 2022, from 7:00 p.m. to 11:16 p.m. The meeting included ceremonial proclamations, approval of consent items, a general business item on a United Way grant, and three public hearings on annexations and zoning changes. Key topics included COVID-19 impacts, public safety, affordable housing, and development proposals.

Consent Calendar

• Approved minutes from previous meetings (December 6, 9, 20, 21, 2021).
• Authorized an interlocal agreement with Durham County for up to $50,000 to support Community Intervention and Support Services.
• Authorized a $450,000 contract with Community Home Trust, Inc. for Down Payment Assistance Program administration.
• Authorized purchase of two tandem axle dump trucks for $442,010.80.
• Amended the COVID-19 testing contract with CVS Health, adding up to $1,209,600 (new total not to exceed $2,049,040).
• Accepted a $40,000 Welcoming America grant for fostering belonging.
• Accepted a $848,337 Connect and Protect grant for law enforcement behavioral health responses.
• All consent items were approved unanimously.

Public Comments & Testimony

• Item 3 – United Way Grant: Idiel Ortiz, representing the Protecting Our Dignity and Education (POD) Coalition, refuted concerns that the coalition would abandon racial equity or pursue privatization of public education for $15,000. She stated the funding from the Walton Family Foundation comes with no strings attached and that the coalition maintains its values.
• Item 11 – NC 55 & Hopson Annexation: Patrick Biker and Andy Smith (Scannell Properties) spoke in favor, noting a 1,000-foot buffer, restricted uses, and economic benefits. Brenda Barry opposed, citing concerns about lights, noise, and impacts on wildlife and neighboring roads in Wake and Chatham counties.
• Item 12 – 3602 Westminster Avenue Annexation: No public comments were heard due to technical difficulties; the applicant was asked to submit comments by email.
• Item 13 – Bull City Townhomes: Seven community members opposed the proposal, citing traffic congestion, safety on Ellis Road, excessive density, environmental impacts (e.g., drained pond, displaced wildlife), and lack of community engagement. Proponents Mark Bullock and Cliff (Cradle Engineering) argued the project is a medium-density affordable housing option (townhomes starting around $300,000) and would connect streets, adding sidewalks and bike lanes.

Discussion Items

• COVID-19 and Public Safety: Council members discussed the Omicron surge, current positivity rate (~15%, down from 30%), the need to balance public health and economic reopening, and the disproportionate impact on communities of color. Mayor Pro Tem Middleton requested a briefing on Durham’s policy regarding no-knock warrants following the Amir Locke case.
• Item 3 – United Way Grant: Council debated the ethics of accepting funds from the Walton Family Foundation, which has a history of supporting education privatization. Councilmembers Caballero, Johnson, and Williams expressed concerns but ultimately voted to approve, trusting the local organizations to use the funds without strings attached. The motion passed 7-0.
• Item 11 – NC 55 & Hopson Annexation: Council discussed the buffer, direct translation zoning, and lack of a full development plan. Councilmembers Reese and Freeman opposed due to insufficient commitments and environmental sensitivity. The item passed with five motions approved (motions 1-4 passed 5-2; motion 5 passed 7-0).
• Item 12 – 3602 Westminster Avenue: Staff reported the annexation is revenue-positive and non-controversial. Three motions were approved unanimously.
• Item 13 – Bull City Townhomes: Council questioned the applicant about the number of units (up to 147, but actual expected around 100-110), community engagement (one Zoom meeting with 7-12 attendees), and willingness to make proffers (e.g., $500 per student to schools, sidewalks, bike lanes). Councilmembers favored continuing the project but found the proposal vague and lacking community support. After discussion, the council agreed to refer the item back to staff for further work, including additional community engagement and clarification of the development plan.

Key Outcomes

• Consent Agenda: Approved unanimously.
• Item 3 – United Way Grant: Approved unanimously (7-0) with a $15,000 budget ordinance.
• Item 11 – NC 55 & Hopson Annexation:
  • Motion 1 (Annexation and utility agreement): Approved 5-2 (Councilmembers Reese and Freeman dissenting).
  • Motion 2 (Direct translation of six parcels to IL): Approved 5-2 (same dissent).
  • Motion 3 (Rezone one parcel to IL(D)): Approved 5-2 (Councilmember Reese dissenting; Freeman voting aye).
  • Motion 4 (Rezone three parcels to IL(D)): Approved 5-2 (Councilmembers Reese and Freeman dissenting).
  • Motion 5 (Consistency statement): Approved 7-0.
• Item 12 – 3602 Westminster Avenue: All three motions approved unanimously (7-0).
• Item 13 – Bull City Townhomes: Referred back to staff for further community engagement and refinement of the proposal. No formal vote taken; consensus reached to refer.

Other Notes

• The meeting included proclamations declaring March 1, 2022 as "Bonitta Best Day" and honoring the life of André Leon Talley.
• Council received updates on violent crime and the city's response to the pandemic, including plans for a small business convening and a meeting with the public health director.