Durham City Council Meeting Summary - September 19, 2022

The Durham City Council met on Monday, September 19, 2022, at 7 PM. The meeting was called to order with a moment of silence and the Pledge of Allegiance. All seven council members were present. The agenda included proclamations, announcements, consent agenda items, and several public hearings on annexations and zoning changes.

Proclamations

• Melissa Wade Day: Proclaimed September 19, 2022 as Melissa Wade Day in Durham, recognizing her contributions as a gospel announcer and youth mentor.
• Algonquin Tennis Club Centennial: Honored the 100th anniversary of the Algonquin Tennis Club, a historic African American tennis club.
• Diaper Need Awareness Week: Recognized the week of September 24-October 2, 2022, highlighting diaper need as a public health issue.
• World Alzheimer's and Dementia Awareness Day: Proclaimed September 21, 2022 to raise awareness about dementia.
• Grace Month: Proclaimed September 2022 as Grace Month, encouraging kindness and patience.

Announcements

• Council reported salary adjustments for three direct employees: City Manager Wanda Page (from $255,000 to $265,200), City Attorney Kim Rayburg (from $206,700 to $219,102), and City Clerk Diana Schreiber (from $103,175 to $107,302). The motion passed 7-0.
• Councilmembers gave announcements on events including Center Fest, Hispanic Heritage Month, Pride, and condolences for recent losses.

Consent Calendar

• The consent agenda was approved with a single vote, except for item 14 (Bull City United update and contract renewal), which was pulled by a citizen for public comment. Items included appointments, minutes, contracts, and routine approvals.

Public Comments & Testimony

• Item 14 – Bull City United: Jonte Dunstan, a business owner and security company operator, spoke in support of funding for Bull City United, urging the council not to let one incident tarnish the program's work. He emphasized community mentoring and employment opportunities.
• Item 27 – Shot Spotter: Jonte Dunstan spoke against the Shot Spotter contract, arguing that the money should be used to increase police salaries and recruitment rather than on technology. He expressed concerns about over-reliance on technology and the impact on police staffing.

Discussion Items

Item 33 – 1409 Doc Nichols Road Annexation and Townhomes

• Applicant: Jared Edens (Eden's Investments) proposed annexation of 8.282 acres, rezoning to PDR 7.245 for 60 townhomes, with three units donated to Habitat for Humanity.
• Public Opposition: Several residents (Pamela Andrews, Sandy Wilson, Ronnie Turner, Donna Steinback, Gary McLean, Pam Williams, Rebecca Freeman, Thomas Freeman, Paige Polk) spoke against the project, citing concerns about environmental damage (E. coli levels in Lick Creek, turbidity), blasting, well water contamination, traffic, and the impact on existing homes. They requested a comprehensive ecological study and stronger erosion control measures.
• Developer Response: Mr. Edens addressed concerns, noting that the site is mostly fill and not likely to require blasting, and committed to additional proffers: double-row silt fencing, 100-year erosion control ponds, 60% impervious surface (down from 70%), and 0.8 opacity buffers where 30-foot buffers are provided.
• Council Deliberation: Councilmembers debated the balance between housing needs and environmental protection. Councilmember Caballero and Johnson emphasized the need for housing supply and supported the project. Councilmember Freeman and some others expressed concerns about impacts on rural residents and the environment.
• Votes: First motion (annexation) passed 5-2 (Mayor O'Neill and Freeman voting no). Second motion (zoning) passed 5-2. Third motion (consistency statement) passed 7-0.

Item 34 – 7926 Massey Chapel Road Annexation and Townhomes

• Applicant: Jared Edens proposed annexation of 5.828 acres, rezoning to PDR 4.928 for 28 townhomes, with one unit donated to Habitat for Humanity and a sidewalk connection to the American Tobacco Trail.
• Public Opposition: Pat Bocino and Jeremy Tarr spoke against the project, arguing it was incompatible with the existing single-family neighborhoods, would increase traffic, and cause light pollution. They noted the planning commission had tied 7-7 on the project.
• Developer Response: Mr. Edens highlighted the lower density, community benefits (sidewalk, stormwater detention, Habitat unit), and additional proffers (double-row silt fence, 100-year sediment ponds). He noted the project would be a transition from retail to residential.
• Council Deliberation: Councilmember Williams and others supported the project as a better alternative to by-right single-family homes. Councilmember Freeman and Hyman voted against, citing concerns about neighborhood character.
• Votes: First motion (annexation) passed 4-3 (Freeman, Hyman, and Mayor O'Neill voting no). Second motion (zoning) passed 4-3. Third motion (consistency statement) passed 5-2 (Freeman and Hyman voting no).

Item 35 – Street Closings (Arborstone Way, etc.)

• Staff Presentation: The closure of several streets in two parcels for future development was proposed.
• Public Comment: No speakers. The public hearing was closed.
• Vote: The motion to close the streets passed 6-1 (Councilmember Freeman voting no).

Item 36 – Dearborn Drive Zoning Change (Affordable Housing)

• Applicant: LDG Development proposed rezoning 9.41 acres to PDR 19.978 for up to 182 affordable multifamily units (at 60% AMI) and 5,000 sq ft of civic space for the VFW and Braggtown Community Association.
• Public Support: Larry Coleman (VFW commander), Vanessa Mason Evans, and Donna Frederick spoke in favor, citing the need for affordable housing and community benefits. They requested additional funding to lower some units to 30% AMI.
• Council Deliberation: All council members expressed strong support, noting the project's alignment with city goals and community engagement.
• Votes: Both motions (zoning and consistency statement) passed unanimously.

Item 37 – Wabash Street Parcels Zoning Change

• Applicant: Bill Chambers (via Floyd McKissick III) proposed rezoning 9.96 acres to PDR 5.170 for 44 townhomes, with a $25,000 contribution to the affordable housing fund, and preserved open space including a dog park and greenway easement.
• Public Support: Floyd McKissick Jr. (former councilmember) spoke in favor, noting the project would provide moderate-income housing in a neglected area and complement future DHA redevelopment.
• Council Deliberation: Councilmembers supported the infill development and its compatibility with the neighborhood.
• Votes: Both motions passed unanimously.

Key Outcomes

• Salary Adjustments: Approved 7-0 for City Manager, City Attorney, and City Clerk.
• Consent Agenda: Approved as amended, with item 14 pulled for comment and later approved.
• Shot Spotter Contract: Approved 5-2 (Councilmembers Caballero and Johnson voting no).
• Item 33 (Doc Nichols): Annexation and zoning approved 5-2; consistency statement 7-0.
• Item 34 (Massey Chapel): Annexation and zoning approved 4-3; consistency statement 5-2.
• Item 35 (Street Closings): Approved 6-1.
• Item 36 (Dearborn Drive): Unanimous approval.
• Item 37 (Wabash): Unanimous approval.