Durham City Council Meeting - March 7, 2022

The Durham City Council met on Monday, March 7, 2022, at 7:00 p.m. (adjourned at 8:36 p.m.) for a regular meeting. The agenda included ceremonial proclamations (Senator Jeanne Hopkins Lucas Day and Charlie Reece Day), acceptance of Councilmember Charlie Reece's resignation, approval of a consent agenda, a public hearing on reproductive freedoms, consideration of an interlocal agreement with GoTriangle, and two zoning map change public hearings (Ellis Road PDR Rezoning II and U Tower). All actions were taken with votes as noted.

Consent Calendar

• Approved minutes for January 3, 6, 18, and 20, 2022 meetings.
• Received FY2021-22 Second Quarter Financial Report.
• Adopted the Resolution in Support of the Declaration of Fundamental Reproductive Freedoms after a public comment from Tara Romano, Executive Director of Pro Choice North Carolina, who expressed strong support and noted Durham would be the first city in North Carolina to pass such a resolution.
• Accepted 2021 attendance reports for Boards, Committees, Commissions, and Taskforces.
• Granted an expedited hearing request for Zoning Map Change Z2100037 (East Geer Street Residential).
• Authorized a professional services contract with Schnabel Engineering South, Professional Corporation for Little River Dam Embankment Settlement and Seepage Improvements in the amount of $1,139,721, with a $114,000 contingency (total not to exceed $1,253,721).
• Received January 2022 Bid Report.
• Authorized acceptance of the 2022 Duke Doing Good Award grant ($5,000) and adopted the corresponding ordinance.
• Authorized Amendment No. 1 to the Emergency Watershed Protection Stream Bank Stabilization contract with KBS Earthworks, Inc., increasing the amount by $273,216.80 for a revised total of $1,059,806.56 (total not to exceed $1,176,869.63 with contingency).
• Executed a five-year janitorial services contract with Dynamic Cleaning and Maintenance Company, LLC, for a not-to-exceed $785,703.
• Accepted various streets and infrastructure for city maintenance.
• Appointed a new Finance Officer. The consent agenda was approved 6-0 (Councilmember Reece had already resigned).

Public Comments & Testimony

• Tara Romano (Executive Director, Pro Choice North Carolina) spoke in favor of the Resolution on Fundamental Reproductive Freedoms, calling it a proactive step and the first of its kind in North Carolina. She emphasized that restrictions disproportionately impact Black, Indigenous, and people of color, low-income communities, rural communities, youth, immigrants, LGBTQ people, and those with disabilities.
• Jacob Hall (Ellis Crossing resident) expressed support for the Ellis Road PDR Rezoning, citing improved walkability and biking, but noted concerns about traffic; he was glad the proposed rezoning would reduce daily trips compared to current commercial zoning.
• Patrick Biker (attorney, Morningstar Law Group) spoke for both the Ellis Road and U Tower applicants, detailing benefits and responding to questions.
• No other public speakers joined for either hearing.

Discussion Items

• Councilmember Reece Resignation: A motion to accept Councilmember Charlie Reece's resignation effective immediately was moved by Councilmember Freeman, seconded by Councilmember Johnson, and passed 7-0. Councilmembers gave heartfelt tributes to his service.
• Interlocal Agreement with GoTriangle (Item 6): Authorized the City Manager to execute an agreement reimbursing the city $39,000 (half of the $78,000 cost) for relocating a 36-inch waterline under Gregson Street for commuter rail. Councilmember Freeman expressed transparency concerns about GoTriangle and voted no. The motion passed 5-1.
• Ellis Road PDR Rezoning II (Item 15): The applicant (represented by Patrick Biker) downzoned 30 acres from Commercial General (CG(D)) to Planned Development Residential 18.220 (PDR 18.220), allowing up to 519 apartments. The planning commission recommended approval 10-1. During the hearing, Councilmember Johnson asked about voluntary contributions; the applicant proffered $50,000 to Durham Public Schools and $50,000 to the city's Affordable Housing Fund, to be paid before any certificate of occupancy. The rezoning reduces traffic: AM peak by 327 trips and PM peak by 791 trips. The developer had previously invested $5 million in road improvements and $1 million in sewer extensions. Two motions (zoning change and consistency statement) passed unanimously (6-0).
• U Tower Zoning Map Change (Item 16): A 1.5-acre site at 3007 Petty Road was rezoned from Office and Institutional with Development Plan (OI(D)) to Office and Institutional (OI), removing a prior restriction to only office uses. The applicant plans 208 apartments. The planning commission recommended approval 10-1. No public opposition. Both motions passed unanimously (6-0).

Key Outcomes

• Councilmember Reece's resignation accepted (7-0).
• Resolution on Fundamental Reproductive Freedoms adopted as part of the consent agenda.
• GoTriangle Interlocal Agreement approved 5-1.
• Ellis Road PDR Rezoning II approved unanimously with proffers of $50,000 each to Durham Public Schools and the city's Affordable Housing Fund.
• U Tower Zoning Map Change approved unanimously.
• Process for filling the vacant at-large seat outlined by Mayor Pro Tem Middleton: a 60-day statutory clock began upon resignation; the Procedures Committee will meet March 8 to develop a timetable; a supplemental item will be presented at the March 10 work session; the process will include public application, interviews, and a public vote.