Durham City Council Regular Meeting - May 7, 2024

The Durham City Council met on May 7, 2024, at 1:45 PM for a regular meeting that included four proclamations, council announcements, a consent agenda, and action on four priority items. The meeting lasted until approximately 11:53 PM. Key outcomes included a failed vote to fund a summer camp, unanimous approval of a small annexation, approval (4-3) of the Fox Crossing 2 rezoning, and unanimous adoption of stormwater rate increases.

Proclamations & Recognitions

• Dr. Johnson O. Akalaye Day: Mayor Williams proclaimed May 6, 2024 as Dr. Johnson O. Akalaye Day and presented the key to the city to the retiring NCCU chancellor.
• Year of the Aerial Insectivore: Councilmember Rist read a proclamation declaring 2024 as the Year of the Aerial Insectivore, presented to New Hope Bird Alliance.
• Police Week and Peace Officers Memorial Day: Mayor Williams proclaimed May 12-18 as Police Week and May 15 as Peace Officers Memorial Day; Chief Andrews accepted.
• Drinking Water Week: Proclamation for May 5-11, 2024; accepted by plant operator Eric Note.
• NPHC Day: Councilmember Middleton read a proclamation for May 10 as National Panhellenic Council of Durham and Orange Counties Day; accepted by Truett O'Neill.
• The council also acknowledged a group of visiting LDF fellows from Duke Stanford School of Public Policy.

Announcements by Council Members

• Councilmember Cook commented on NCCU graduation, UNC protests, and the situation in Gaza, stating that criticizing genocide is not anti-Semitic.
• Councilmember Caballero spoke against HB 10, an anti-immigrant bill, urging voting and noting its impact on public safety.
• Councilmember Freeman highlighted community organizations, water art competition, and graduation season.
• Councilmember Rist noted Book Harvest's Books on Break program, a recent homicide, two pedestrian accidents (one fatal), and recommitted to Vision Zero goals.
• Mayor Pro Tem Middleton celebrated his election as president of the NC League of Municipalities, acknowledged gun violence in all neighborhoods, and urged continued focus on safety.
• Mayor Williams announced the Emily K Center Mother's Day Ball (raised nearly $500,000), Lincoln Health awards, a fundraiser for public school children, and voiced concern about 11 shootings in two weeks, calling for action.

Consent Calendar

All 24 consent items were approved unanimously without discussion. Items included:

• Participatory budgeting steering committee appointment
• Public hearing for permanent closure of Dacian Avenue
• Conveyance of surplus properties for affordable housing to Durham Community Land Trustees, Black Lamb Development, and Habitat for Humanity
• Contract amendments and bond resolutions
• Sidewalk and transit improvements
• Utility and stormwater rate ordinances

Public Comments & Testimony

Item 25 – Summer Camp Funding (not on consent)

• Dr. Joyce Blackwell (Built to Last): Requested support for training underserved entrepreneurs.
• Denise Rawlson (Durham Freedom Schools): Asked for funding for a literacy-rich summer program serving 110 children.
• Cassie Abdullah (Believers United for Progress): Requested $200,000 for food insecurity (23,000 boxes/year) and $5 million for a Hope Center.
• Megan Wilder (Bull City Best): Requested funding for programs including essentials bags for houseless, book bags, and arts initiatives.
• Otis Lyons & Tanisha Adams (Campaign for Change): Requested $500,000 (split city/county) for a gang transitional house to de-brainwash and re-educate youth.

Item 23 – Fox Crossing 2 Rezoning

• Timothy Jones (819 Midway Ave): Opposed, citing traffic dangers, lack of warning to neighbors, and unsafe roads.
• Donna Stanby: Opposed, noting only 13 of 22 comprehensive plan policies met, concerns about auto-centric design and creek impacts.
• Pam Williams: Opposed, argued traffic analysis undercounted US 70 and Pleasant Drive volumes, requested 100-foot undisturbed creek buffer.
• Melody Peters (Spring St resident): Opposed, said Spring St is too narrow, predicted deaths, urged stronger creek protections.
• Paul Joe (705 Pleasant Dr): Opposed, showed photos of narrow streets, cited accidents and backups.
• John Curry (1222 Lynn Rd): Opposed, said 640+ additional cars would overwhelm the community, noted creek as wildlife refuge.
• Adam Gross: Opposed, presented petition, noted neighbors felt unheard and that the community is marginalized.

Discussion Items

Item 25 – Heart of a Champion Summer Camp Funding Councilmember Freeman proposed allocating $41,000 from FY2024 budget for the camp, with additional FY2025 funding for July-August. Council debated process vs. need. Mayor Williams expressed concern about setting precedent and politicizing children. City Manager Page stated she would propose a community fund in her FY2025 budget. The motion failed 3-4 (Freeman, Cook, Baker voting yes; Williams, Middleton, Caballero, Rist voting no).

Item 22 – Annexation and Zoning for Cates Family (2625 Farrell Rd) The applicant, Rebecca Cates, requested annexation and RS-20 zoning to build a single-family home on 2.8 acres. Staff noted it is a satellite annexation due to sewer access requirements. After brief questions, the council voted unanimously (7-0) to approve all three motions: utility extension agreement, zoning ordinance, and consistency statement.

Item 23 – Fox Crossing 2 Rezoning (PDR 12.750) Applicant KDM Development proposed 320 apartment units (5% affordable at 80% AMI for 30 years) and 2,000-7,000 sq ft of commercial/civic space on 25.6 acres at 734 S Miami Blvd, 1220 Lynn Rd, and 101 Spring St. Planning Commission had recommended denial 7-6. After public comment, council discussed traffic, creek protection, and density. Councilmember Baker secured commitments: 100-year stormwater ponds, 30-year affordability, native trees, Energy Star certification, high-visibility crosswalks, and prohibited uses (clubs, drive-throughs, wireless facilities). Mayor Pro Tem Middleton and others supported as infill development within the urban growth boundary. Councilmembers Cook, Baker, and Freeman voted no, citing traffic safety, environmental concerns, and process. Motion one (utility extension) passed 4-3 (Williams, Middleton, Caballero, Rist yes; Baker, Cook, Freeman no). Motion two (zoning ordinance) passed 4-3 after a recall vote (same split). Motion three (consistency statement) passed 7-0.

Item 24 – Stormwater Rate Increase Staff proposed raising monthly rates: tier 1 (+$0.75 to $5.70), tier 2 (+$1.55 to $11.80), tier 3 (+$3.11 to $23.64), and non-residential increase of $1.55 per 2,400 sq ft. No public comments. Councilmember Freeman noted there is no hardship fund for stormwater fees; Councilmember Cook raised concern about cost pass-through to tenants. The ordinance was adopted unanimously.

Key Outcomes

• Item 25 (Summer Camp): Motion to fund Heart of a Champion failed 3-4. City Manager will propose a community fund in FY2025 budget.
• Item 22 (Cates Annexation): Approved unanimously (7-0) for all motions.
• Item 23 (Fox Crossing 2): Approved 4-3 for utility extension and zoning, with added commitments. Consistency statement unanimous.
• Item 24 (Stormwater Rates): Unanimously adopted, effective July 1, 2024.
• Consent Agenda: All 24 items approved unanimously.
• Proclamations: All five proclamations read and accepted.