Durham City Council Meeting – August 1, 2022

The Durham City Council met on the evening of August 1, 2022, from 7:00 PM to 8:52 PM in City Council Chambers. The agenda included ceremonial proclamations, council announcements, approval of the consent agenda (with one item pulled by a public speaker), and four public hearings on annexation, street closure, and three zoning map changes. The council approved all consent items except a zoning change for East Cornwallis Commercial, which failed unanimously on first motion.

Consent Calendar

• Approved minutes for five prior meetings.
• Appointed Emily C. Yeatts to Audit Services Oversight Committee.
• Appointed Tynetta Walker to Carolina Theatre Board of Trustees.
• Appointed Ann Rebeck to Citizens Advisory Committee.
• Appointed Torrey Swain to Environmental Affairs Board.
• Appointed Ari S. Medoff to Durham Convention Center Authority.
• Appointed W. Vinson Pierce III and Terence Priester to Open Space & Trails Commission.
• Reappointed Bryan Luukinen as Mayoral appointee to Open Space & Trails Commission.
• Appointed Alice L. Sharpe to DPAC Oversight Committee.
• Appointed Krista T. Kenney to Workers' Rights Commission.
• Appointed John W. Jordan, Kenneth Webb, Cynthia Wood, and Prince C. Rivers to Participatory Budgeting Steering Committee.
• Appointed Jordan Vereen to Racial Equity Commission.
• Appointed Lesley J. Stracks-Mullem, Teah Rawlings, and Jill S. Thomas to Recreation Advisory Commission.
• Received Bid Report for May and June 2022.
• Received 911 Staffing Performance Audit.
• Authorized contract with Cherry Bekaert LLP for external audit (FY2022 fee $75,500, three-year total $242,500).
• Adopted ordinance amending city code to comply with N.C.G.S. §160A-175 (remove criminal penalties from certain sections).
• Approved 2023 City Council Meeting Schedule, cancelling specific work sessions and the July 17, 2023 meeting.
• Adopted Opioid Settlement Funds agreement with Lincoln Community Health Center (not to exceed $992,082 through June 30, 2027).
• Accepted FAA Airport Improvement Program Grant Offer of $1,319,026 (item #20 pulled from consent, then approved separately).
• Approved multifamily housing facility 300 East Main with revenue bonds up to $22,500,000.
• Authorized contract with Volunteers of America of the Carolinas for Coordinated Entry with Diversion ($955,000, Dedicated Housing Funds).
• Authorized Tri-Party Agreement with NCHFA and NCHBA for Construction Training Partnership ($71,400 City funds).
• Authorized construction contract with Crofton Diving Corporation for Little River and Lake Michie Reservoir safety improvements ($942,911 base + $94,000 contingency, total not to exceed $1,036,911).
• Authorized Change Order No. 2 with Incline Construction for Convention Center repair ($190,594, total $670,548.85; contingency $20,000).
• Authorized contract with White Oak Construction for Chapel Hill Road Transit Corridor Improvement ($461,969 base + $55,500 contingency, total not to exceed $517,469).
• Authorized Amendment No. 2 with A1 Consulting for geotechnical services for Fire and EMS Station 18 (contract increased to $67,380; contingency $15,000).
• Authorized modification of GMP Amendment with Monteith Construction for Fire and EMS Station 18 (contractor contingency $100,000 + escalation $155,329, total GMP $6,867,922).
• Received update on 505 W. Chapel Hill Street; rejected all proposals from RFP.
• Authorized contract with Durham Technical Community College for Youthworks Program ($436,800).

Public Comments & Testimony

• Mr. Calvin Yadov (speaking on consent item #20, but remarks not germane): Introduced himself as CEO of an ethical AI platform, offering technology for human trafficking, public safety, and airport situational awareness. He was advised that work sessions are appropriate for such comments.
• Mr. Scott Horman (proponent, item #32 – partial Henderson Street closure): Architect representing the owner; described the dead-end spur as abandoned and gated, and noted the historic warehouse encroaches on the right-of-way. The closure would enable legal renovation. He held a voluntary neighborhood meeting and spoke with three neighbors.
• Mr. Paul Young (proponent, item #33 – Durham County Utility Administration Building rezoning): Architect for Durham County; explained the site would house the county’s public utilities division and a backup emergency operations center. Two virtual meetings were held; two attendees total, one environmental concern.
• Mr. Jeremy Anderson (proponent, item #34 – 5202 Garrett Road rezoning): Land planner; proposed up to eight townhome units on a 1-acre parcel with floodplain protection. Units would face Garrett Road with rear-loaded driveway.
• Mr. Neil Ghosh (proponent, item #35 – East Cornwallis Commercial rezoning): Morningstar Law Group; argued the parcel is under single-family residential but adjacent to industrial UDI and a bus route, making commercial appropriate. He eliminated many uses; client wants an EV repair shop. He requested a continuance but staff recommended referral back; he accepted a vote.
• Mr. William Love (opponent, item #35, online): Resident at 1604 East Cornwallis Road; stated he lives adjacent to the property and opposes commercial rezoning, preferring houses or townhomes. He expressed concern about visual impact and loss of neighborhood character.

Discussion Items

• Item #31 – Consolidated Annexation – Carolina Civil Works (7.86 acres at 3511 US Hwy 70 E): Staff recommended approval. Councilman Williams supported for economic activation. Council voted to annex and establish Industrial Light zoning (first motion 6-0 with Freeman not voting? clarified as unanimous; second motion 7-0).
• Item #32 – Partial Closing of Henderson Street (157.05 feet): Mayor Pro Tem Middleton asked about city value; staff said none. After public comment, council voted unanimously to close.
• Item #33 – Zoning Map Change – Durham County Utility Administration Building (40.37 acres at 6001 NC Hwy 55): Staff noted inconsistency with future land use map but recommended approval. Councilman Middleton emphasized need for county growth and asked about outreach. Two motions adopted unanimously (7-0).
• Item #34 – Zoning Map Change – 5202 Garrett Road (1.098 acres, RS-20 to RS-M(D) with text-only development plan max 8 townhomes): Planning commission recommended 10-0. Councilwoman Freeman asked about unit orientation and housing choice expansion. Motions adopted unanimously (7-0).
• Item #35 – Zoning Map Change – East Cornwallis Commercial (0.982 acres at 1606 & 1608 E. Cornwallis Road, RS-20 to CG(D) with prohibited uses): Staff noted planning commission failed 0-10. Applicant requested continuance; staff recommended referral back if continuance, but vote could be taken. Council heard proponent and opponent. Councilwoman Johnson opposed auto repair use; Councilwoman Freeman moved first motion (to rezone) which failed 7-0 (after confusion, unanimous no). Second motion (consistency statement) passed 6-1 with Councilwoman Caballero voting no.

Key Outcomes

• Consent Agenda: Approved unanimously (except item #20 pulled then approved 7-0 separately).
• Public Hearings:
  • Carolina Civil Works annexation: Approved (6-0? and 7-0).
  • Henderson Street closure: Approved (7-0).
  • Durham County Utility Building rezoning: Approved (7-0).
  • 5202 Garrett Road rezoning: Approved (7-0).
  • East Cornwallis Commercial rezoning: First motion (rezone) failed 7-0; second motion (consistency statement) passed 6-1.
• Other: Council granted excused absence for Mayor O’Neill and Councilwoman Johnson for the August 4 work session. Council announcements included parking and panhandling working group, shot spotter map transparency, and updates on COVID-19 and monkeypox.