Durham City Council Meeting – November 20, 2023

The Durham City Council met on Monday, November 20, 2023, at 7:00 PM in City Hall. The meeting included ceremonial recognitions, public hearings on the annexation of Colvert Farms and the Simplifying Codes for Affordable Development (SCAD) text amendment, and a consent agenda. The council voted to reject the Colvert Farms annexation and passed a modified version of the SCAD amendment by a 4-3 vote.

Ceremonial Items

• Recognition of Arnold Dennis: The council honored the life and legacy of community leader Arnold Dennis, a former detention center director, social worker, and founder of the Rights of Passage mentoring program. His wife, Miss Betty, spoke about their 52-year marriage and his work.
• Proclamation – Day of Remembrance for Road Traffic Victims: Councilmember Caballero read a proclamation declaring November 20, 2023 as the Day of Remembrance for Road Traffic Victims in Durham. The proclamation noted that from January to October 2023, 25 individuals lost their lives in motor vehicle crashes, including 8 pedestrians and 5 people on bikes or motorcycles. The council urged safe driving practices.

Announcements

• Councilmember Freeman reported on attending the National League of Cities Summit in Atlanta.
• Councilmember Williams announced a $300,000 state appropriation for the Heron Rookery natural heritage site and recognized the passing of Wake County Commissioner James West and former Commissioner Betty Lou.
• Mayor O'Neill highlighted the Bull City Biz Summit held earlier in the week and noted that this was the last meeting for the outgoing council, with a new council to be seated on December 4.

Consent Calendar

• The consent agenda was approved unanimously. Items included:
  1. Durham Workers' Rights Commission appointment
  2. Amendment to contract with Museum of Durham History
  3. ARPA Opera Project on COVID-19 impact on small businesses
  4. Interlocal agreement with Durham County for joint crisis communications plan
  5. Cooperative purchase of one bucket truck
  6. Funding for Durham Symphony 2024 season
  7. Public art agreement at former Wheels Skating Center
  8. Contract with CenturyLink for City Hall cloud connectivity
  9. Contract with Carter Communications for City Hall cloud connectivity
  10. VCO managed services contract
  11. Grant project ordinance for unified planning work program FY24
  12. Supplemental agreement with NCDOT for Austin Avenue Sidewalks
  13. Supplemental agreement with NCDOT for Marne Road Bike Lanes and Sidewalks
  14. Supplemental agreement with Kimley-Horn for traffic calming design in equity neighborhoods
  15. Amendment with Turner & Townsend for program management of water management facility expansion

Public Comments & Testimony

Colvert Farms Annexation:

• One resident, Brett Williams, spoke in support of the council's apparent decision to reject annexation, stating that residents were unaware of the pending annexation and appreciated the council's consideration.
• No other speakers; the public hearing was closed after one speaker.

SCAD Text Amendment:

• Proponents (13 speakers) argued that the amendment would:
  • Simplify codes for small-scale development, reduce red tape, and lower housing costs.
  • Enable infill development, reduce sprawl, and improve walkability.
  • Include green building standards and energy efficiency.
  • Allow faith-based organizations to build affordable housing.
  • Increase supply of housing, which they claimed would lower rents and purchase prices.
  • Support local small businesses and create more affordable commercial spaces.
• Opponents (32 speakers) argued that SCAD would:
  • Benefit large developers rather than small local builders.
  • Reduce community input and transparency by eliminating public hearings for many projects.
  • Weaken buffer requirements, leading to environmental damage and property impacts.
  • Accelerate gentrification and displacement in low-wealth neighborhoods.
  • Not genuinely increase affordable housing, as the PATH program only required 5-15 years of affordability (vs. 30 years for other programs).
  • Be a developer-driven process that bypassed proper planning and the upcoming UDO rewrite.
  • Include provisions that apply countywide, not just in the city, undermining the urban growth boundary.
  • The applicant, Jim Anthony, was criticized for past statements suggesting gentrification is necessary.
• Habitat for Humanity of Durham stated they did not support SCAD as written and that their name was used without authorization.

Discussion Items

Colvert Farms Annexation (Item 16):

• Staff presented the history: the 2014 state session law allowed the city to annex the subdivision at its discretion. The council could vote to annex or not. If annexed, city services (fire, police, waste collection, reduced water rates) would be provided, but no infrastructure would be automatically accepted.
• Mayor O'Neill indicated early in the hearing that a straw poll showed 5 council members opposed to annexation. The public hearing was brief.
• The council voted 5-0 (or 5-2) to reject the annexation ordinance. The motion failed.

SCAD Text Amendment (Item 17):

• Staff presented the proposal, which had been revised multiple times over two years. The Planning Commission recommended denial in December 2022 (6-6 vote). The applicant made changes, including extending the PATH affordable rental term from 5 to 15 years.
• The council extended speaking times to allow all 45 speakers (13 proponents, 32 opponents) to be heard.
• After public comments, council members discussed:
  • Councilmember Holsey-Hyman questioned the evidence that increased supply lowers rents; the applicant cited 15 sources.
  • Councilmember Williams suggested continuing the task force process rather than voting on the full amendment.
  • Councilmember Freeman emphasized the need for fidelity to the legal process.
  • Mayor Pro Temp Middleton advocated for adopting staff-recommended provisions and deferring controversial items.
  • Councilmember Johnson proposed a motion to approve the SCAD proposal with specific exceptions, including removing the PATH program and items not recommended by staff.
  • Councilmember Caballero expressed concern about losing items like ADUs on church properties.
• After further debate, a motion by Councilmember Johnson to approve the SCAD amendment with the outlined exceptions was seconded by Mayor Pro Temp Middleton and passed 4-3.
• A second motion to adopt the consistency statement also passed 4-3.

Key Outcomes

• Colvert Farms Annexation: Rejected. The council voted down the annexation (vote tally not explicitly recorded, but mayor indicated 5-0 against).
• SCAD Text Amendment: Approved in a modified form. The motion passed 4-3, with Councilmember Johnson, Mayor Pro Temp Middleton, Councilmember Williams, and Councilmember Caballero in favor; Mayor O'Neill, Councilmember Freeman, and Councilmember Holsey-Hyman opposed.
• Consistency Statement: Approved 4-3.
• The council directed staff to finalize the ordinance language reflecting the approved provisions, with the PATH affordable housing program and other non-recommended items deferred to the UDO rewrite.
• The meeting adjourned at 11:45 PM.