Durham City Council Meeting – August 8, 2023

The Durham City Council met on August 8, 2023, at 7:00 PM in City Hall Chambers. The meeting included a proclamation of August as Compassion Month, council announcements, a special presentation from residents of JFK Towers regarding deplorable living conditions, and public hearings on limited obligation bonds and several zoning map changes. Key decisions included approval of the consent agenda, passage of resolutions for a $138 million bond refinancing, and votes on four rezoning cases, with two passing by 4-3 margins.

Consent Calendar

• The consent agenda was approved 7-0, with item 10 (water quality web portal contract) initially pulled by a speaker but later withdrawn and approved separately.

Public Comments & Testimony

• JFK Towers Residents: Multiple residents (C. Burris, Phyllis Bryant, Joshua Allen, Terrell Dungey, Felicia Kozar, Shontae Vox, Lee Moavenzadeh, John Lovey, Jonte Dunstan, Andrea Hudson, Janetta Austin) testified about hazardous conditions at JFK Towers, including sewage backups, inoperable elevators, pest infestations, mold, lack of air conditioning, and security issues. They called for a full building inspection, accountability of property management company Millennia Housing, and immediate remediation. Some speakers expressed frustration with the council’s response and demanded action.
• Brightleaf North (Item 16): Carolyn Arias, a resident of Brightleaf at the Park, spoke in support of the project but raised concerns about traffic congestion, environmental impact, and the lack of retail component.
• Fletcher Crossing (Item 17): Pam Williams and Donna Steinback opposed the project, citing narrow roads, traffic, flooding, inadequate tree preservation, and lack of affordable housing proffers. They requested lower density and better environmental protections.
• Fairhaven Walk (Item 18): No opposition; the project received broad support for its 100% affordable housing and community engagement.
• 602 N Hoover Road (Item 19): No public speakers.
• 631/633 Clayton Road (Item 20): Tanisha Wiggins, a neighboring property owner, opposed the development, stating it does not fit the neighborhood and expressed disappointment with the affordable housing framing.

Discussion Items

• JFK Towers Conditions: The council heard detailed testimony from residents and community organizers. City Manager reported that code enforcement opened 55 cases after inspections in July. Property representatives Tom McNonia (Millennia) and Alexandra Thompson (regional director) responded, acknowledging issues and outlining steps (elevator repairs, increased pest control, trash chute cleaning, sewer jetting). Council members expressed skepticism, noting that promised improvements had not materialized. Mayor Pro Tem Middleton committed to follow-up within 48 hours. The city’s code enforcement process gives owners 30 days (until August 19) to submit a plan; failure may lead to the Housing Appeals Board.
• Limited Obligation Bonds (Item 21): Finance Director Tim Flora presented a public hearing for a $138 million bond refinancing to fund capital projects, refunding prior bonds and achieving cost savings. The council approved four related resolutions (7-0).
• Zoning Map Change – Brightleaf North (Item 16): Proposed rezoning of 20.4 acres to allow up to 90 townhomes. Planning commission recommended approval 8-1. Council approved both motions 7-0.
• Zoning Map Change – Fletcher Crossing (Item 17): Proposed annexation and rezoning of 9.47 acres for 80 townhomes. Planning commission recommended denial 5-4. Council voted 4-3 to approve annexation and zoning, with Mayor O’Neill and Councilmembers Freeman and Holsey Hyman dissenting. Consistency statement passed 7-0.
• Zoning Map Change – Fairhaven Walk (Item 18): Proposed rezoning of 8.19 acres for 192 affordable apartment units (100% affordable) and a daycare center. Unanimous support from planning commission (12-0) and council (7-0).
• Zoning Map Change – 602 N Hoover Road (Item 19): Rezoning 1.2 acres to light industrial with restrictions on adult establishments and bars. Planning commission recommended approval 13-0. Council approved 7-0.
• Consolidated Annexation – 631/633 Clayton Road (Item 20): Annexation and rezoning of 7.7 acres for 61 townhomes, including 9 affordable units at 80% AMI. Planning commission recommended approval 6-2. Council voted 4-3 to approve annexation and zoning, with Mayor O’Neill and Councilmembers Freeman and Holsey Hyman dissenting. Consistency statement passed 7-0.

Key Outcomes

• Consent Agenda: Approved 7-0.
• JFK Towers: 55 code violations identified; 30-day cure period ending August 19; council will monitor and Mayor Pro Tem to follow up with property owners.
• Limited Obligation Bonds (Series 2023): Resolutions authorizing negotiation, filing with Local Government Commission, retention of professionals, and other actions passed 7-0.
• Brightleaf North (Item 16): Zoning ordinance and consistency statement approved 7-0.
• Fletcher Crossing (Item 17): Annexation and zoning approved 4-3; consistency statement approved 7-0.
• Fairhaven Walk (Item 18): Zoning ordinance and consistency statement approved 7-0.
• 602 N Hoover Road (Item 19): Zoning ordinance and consistency statement approved 7-0.
• 631/633 Clayton Road (Item 20): Annexation and zoning approved 4-3; consistency statement approved 7-0.
• Council Announcements: Excused absences for Councilmembers Johnson and Caballero for the September 7 work session were granted.