Durham City Council Meeting - March 21, 2022
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Durham City Council Meeting - March 21, 2022
The Durham City Council met on March 21, 2022 at 7:00 p.m. to consider ceremonial items, a consent agenda, a public hearing on the FY2022-23 budget and Capital Improvement Plan, a consolidated annexation and rezoning for the Carver Street Assemblage, and a consolidated item for the TROSA Main Campus Expansion. The meeting included numerous public comments on the budget, with topics ranging from affordable housing and homelessness to ShotSpotter surveillance and open space funding. The council approved the consent agenda unanimously, and after robust debate, approved the Carver Street Assemblage and TROSA expansion also by unanimous votes.
Ceremonial Items
- The council issued a proclamation declaring March 2022 as March for Meals Month in Durham in recognition of Meals on Wheels Durham's 50th anniversary. Jason Peace, executive director of Meals on Wheels Durham, accepted the proclamation and urged community involvement.
Consent Calendar
- Item 1: Durham City-County Appearance Commission appointments (reappoint Thomas J. Flynn, appoint Leah F. Selvy).
- Item 2: Audit Services Oversight Committee 2021 Annual Report – received.
- Item 3: ACRA Fitts-Powell Affordable Rental Preservation Grant Agreement – authorized $356,142 in Affordable Housing Bond funds.
- Item 4: Amendment #1 to contract with moss+ross LLC for communications consulting – extended 18 months and increased budget by $150,000 to $300,000.
- Item 5: Interlocal Agreement with Durham County for continuation of Gang Reduction Strategy – authorized $170,745.
- Item 6: Resolution authorizing Virtual City Auction on April 3, 2022 at 6:00 p.m. EST.
- Item 7: Contract SW-87, Bragtown Sidewalk Improvements 2022 – authorized $1,431,150 contract with SA Hauling & Utilities, LLC plus contingency.
All consent agenda items were approved unanimously by vote of 6-0.
Public Comments & Testimony
Budget Public Hearing (Item 10):
- Stella Adams urged that the budget and Capital Improvement Plan prioritize equity and address past harms to minority communities, specifically calling out neighborhoods like Braggtown, Walltown, Southside, and Northeast Central Durham, and emphasized the need for affordable housing, transit, and paratransit access.
- Danette Wilkins (speaking as a public health professional and resident of Cleveland Holloway) opposed ShotSpotter funding, citing evidence from Chicago and Charlotte that the technology rarely leads to investigative stops or evidence of gun crimes. She urged investment in evidence-based violence prevention and invited council to meet with neighbors.
- Hilda “Cookie” Kobich, chair of the Environmental Affairs Board, supported the Durham Open Space and Trails Commission’s budget request for a permanent open space implementer position and an annual recurring open space budget of $100,000.
- Laura Stroud, chair of the Durham Open Space and Trails Commission, echoed support for the open space position and funding, noting that Durham trails behind peer cities in open space provision and that opportunities are missed without dedicated staff.
- Larissa Seibel advocated for $6 million to continue eviction prevention legal aid, increased affordable housing and gap financing for developers, local housing vouchers, and reducing barriers for people with criminal or eviction records.
- Brittany Price (public health professional, Durham resident of 10 years) opposed ShotSpotter, citing lack of published evidence for effectiveness and potential harm from increased police interactions. She urged funding restorative justice, community safety, and universal basic income.
- Angela Vic Lewis, chair of the HSAC Advisory Board and formerly homeless, urged continued funding for hotel-to-home programs and shelter support for homeless individuals, noting veterans experiencing homelessness and the daily struggles of unsheltered people.
- John Talmadge, executive director of Bike Durham, supported additional staffing for project management, engineering, and community engagement to deliver pedestrian and bicycle safety projects. He urged continuation of fare-free bus service and considering increased procurement authority for the city manager.
- Austin Hopper emphasized the importance of speed and delivery of infrastructure projects to show residents tangible progress, particularly sidewalks and bus stops in underserved areas.
- Councilmembers provided comments on the budget: Councilwoman Caballero thanked Ms. Vic Lewis and highlighted the homelessness crisis; Councilman Williams stressed that homelessness is unacceptable and called for public-private partnerships; Mayor Pro Tem Middleton spoke at length in favor of ShotSpotter as a pilot, arguing it saves lives, and urged data-driven deliberation; Councilwoman Freeman emphasized equity across departments, support for open space staffing, and addressing homelessness and infrastructure needs.
Discussion Items
Carver Street Assemblage (Item 11):
- Staff reported on the proposed voluntary annexation of seven parcels (totaling ~134 acres) near Cub Creek Road and Carver Street, with an eighth parcel already in city limits. The applicant proposes rezoning to Planned Development Residential 7.000 (PDR 7.000) to allow up to 821 residential units (single-family, townhomes, apartments), including 198 income-restricted units. The proposal includes enhanced environmental protections (100-foot stream buffer, 100-year storm treatment, 22% tree save, 25% open space). The project team engaged with the Braggtown Community Association, leading to significant changes.
- Proponents: Patrick Biker (attorney) called it the largest mixed-income affordable housing rezoning in Durham; Vanessa Mason Evans (Braggtown Community Association) expressed support but also asked for gap financing and emphasized the need for future developers to also engage; Yvonne Orozco Gomez (Latino business owner) supported for neighborhood growth; Anna Arias Salazar and Stella Adams supported the project as a model for community-driven development.
- Opponents: Matthew Council (representing 18 of 20 Cub Creek Road properties) opposed the plan as presented because Cub Creek Road improvements are optional, not mandatory, and current road is unsafe for emergency vehicles; he requested that all traffic impact analysis improvements be required. Crystal Sterling echoed the need for Cub Creek Road improvements to avoid being left behind. Analfrio Castilla (representing family on Cub Creek Road) opposed the project leaving Cub Creek unimproved and unconnected and asked for true integration. Rebecca Painter opposed full road connection due to concerns about cut-through traffic and well water contamination from development.
- Council discussion: Several councilmembers praised the community engagement and developer responsiveness, noting this as a positive example of community-driven development. Councilwoman Johnson and Councilwoman Caballero highlighted the historic affordable housing commitments but also acknowledged the need to address Cub Creek Road. Councilwoman Freeman insisted the issue not be ignored and that city or county should work on road improvements. The council heard that Cub Creek Road is maintained by NCDOT and the developer cannot improve it without state approval, but staff noted ongoing community engagement and the need to address equity in planning.
- Outcome: All three motions (annexation, UDO amendment, consistency statement) passed unanimously (6-0).
TROSA Main Campus Expansion (Item 12):
- Quasi-judicial public hearing. TROSA requested a Major Special Use Permit and Major Site Plan approval to construct a two-story dormitory addition (~17,480 sq ft) on its existing campus at 1820 James Street, increasing on-site residents from 275 to 450. Parking is not to change, as first-year residents are prohibited from having vehicles.
- Applicant witnesses: Former Mayor Bill Bell testified TROSA has been a positive corporate citizen and the expansion is in harmony with the neighborhood; Former Mayor Nick Tennyson pointed to TROSA’s track record and urged approval; Grant Gardner, president of Tuscaloosa Lakewood Neighborhood Association, stated the neighborhood supports the expansion based on TROSA’s history of being responsive and considerate; Dan Jewell, landscape architect, addressed technical compliance with UDO review factors (lighting, signage, utilities, open space, environmental protection, etc.); Lyle Overcash, traffic engineer, testified no significant traffic increase is expected and the expansion would not affect adjacent properties; Jarvis Martin, appraiser, presented a study showing no adverse impact on property values.
- No opponents appeared.
- Council discussion: Councilman Williams congratulated TROSA for building lives, not just buildings. No dissent.
- Outcome: Motion to approve the Major Special Use Permit (M2100001) passed unanimously (6-0). Motion to approve the Major Site Plan (D2100306) passed unanimously (6-0).
Key Outcomes
- Consent agenda approved unanimously.
- Public hearing on FY2022-23 Budget and CIP opened; comments will be accepted until June 2022 budget adoption.
- Carver Street Assemblage annexation, rezoning, and consistency statement approved unanimously (three motions, each 6-0). Developer committed to 198 income-restricted units and enhanced environmental mitigations; concerns about Cub Creek Road improvements were acknowledged but not made a condition of approval.
- TROSA Main Campus Expansion Major Special Use Permit and Major Site Plan approved unanimously (two motions, each 6-0).
Meeting Transcript
Good evening, everybody. We would like to call the Durham City Council meeting to order for this, the 21st day of March 2022 at 7 p.m. We certainly want to welcome all of you here in attendance, and we have a pretty full house tonight, so welcome back, everybody. We are back. Yes. Those joining us remotely as well. Okay. I would ask that you all join me in a moment of silent meditation. Thank you all. I would now like to recognize Councilwoman Freeman who will lead us in the Pledge of Allegiance. Madam Clerk, if you will call the roll. Mayor O'Neill. I am present. Mayor Pro Tem Middleton. I'm here. Councilmember Caballero. Here. Councilmember Freeman. Present. Councilmember Johnson. Here. And Councilmember Williams. Present. Thank you. Thank you. We now have a ceremonial item, which is a proclamation for the March for Meals month proclamation, which will be read by Councilwoman Caballero. Thank you, Mary O'Neill. Is the proclamation down by the microphone? I have a copy of it here, I believe. Thank you. If you'd like to use this one. And Mr. Jason Peace, I believe, will be the recipient. Good evening, everyone. I'm going to apologize. I've I'm I need my reading glasses, and I can't do the mask with the reading glasses, so I'm going to take the reading, I mean the mask off. Uh this is Mr. Peace. He is the fantastic ED of Meals on Wheels. Just very quickly, I had a wonderful time delivering meals. Councilmember Williams was there, and I do want to shout out uh police officer Denise Campbell, who was there uh this morning donating excuse me, uh, volunteering her time uh delivering meals all over Durham. It's my honor to read this pledge. Whereas 50 years ago, on March 22nd, 1972, President Nixon signed into law a measure that amended the Older Americans Act of 1965 to include a national nutrition program for individuals 60 years and older, and whereas for five decades, this landmark law has helped to fund community-based organizations like Meals on Wheels Durham. And it is still the only federal program designed specifically to meet the nutritional and social needs of older adults, and whereas this year, Meals on Wheels programs from across the country are joining together for the March for Meals Meals Awareness Campaign to celebrate 50 years of success and garner the support needed to ensure these critical programs can continue to address food insecurity and malnutrition, combat social isolation, enable independence, and improve health for years to come. And whereas Meals on Wheels Durham has served our community community admirably for 47 years, and whereas volunteers for Meals on Wheels Durham program are the backbone of the organization. And whereas the senior population is increasing substantially, and action is needed now to support our local Meals on Wheels Durham program through federal, state, and local funding, volunteering donations, and raising awareness to ensure these vital services continue to be delivered for another 50 years. Now, therefore, I, Elaine M. O'Neal, mayor of the City of Durham, North Carolina, do hereby proclaim the month of March 2022 as March for Meals Month in Durham, and hereby urge all residents to honor our Meals on Wheels Durham program, the seniors they serve, and the volunteers who care for them. Witness my hand this 21st day of March 2022. If you want to, I had to.
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