Durham City Council Meeting - September 3, 2024
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Durham City Council Meeting - September 3, 2024
The Durham City Council met on Tuesday, September 3, 2024, at 7:00 PM in the City Council Chambers at 101 City Hall Plaza. Mayor Pro Tem Middleton presided in the absence of Mayor Williams. The meeting included ceremonial proclamations, unanimous approval of most consent agenda items, a discussion on an ARPA agreement with the Durham Housing Authority, approval of the Eviction Diversion Program grant, and three public hearings on annexation petitions. The meeting adjourned at 8:51 PM.
Ceremonial Items
- National Recovery Month Proclamation: Councilmember Baker read a proclamation designating September 2024 as National Recovery Month in Durham, encouraging support for recovery programs. No speaker from the public accepted.
- Jack and Jill and Carole Robertson Day Proclamation: Councilmember Freeman read a proclamation designating September 2024 as Jack and Jill and Carole Robertson Month, recognizing the organization's work with youth. Representatives Stephanie Ebrin and Giovanni Lewis accepted.
Announcements
- Councilmember Cook announced a death in her family and requested an absence for the upcoming Thursday meeting; the council granted the absence (6-0 vote).
- Councilmember Freeman provided updates on upcoming town halls: a follow-up listening session on September 5 (Thursday) at 6 PM at Holton, and the next town hall on September 26 at Edison Johnson Recreation Center.
- Mayor Pro Tem Middleton noted the launch of the Bull City Future Fund website (BullCityFutureFund.com), an initiative to address root causes of crime.
- City Manager Bertha Winbush noted that additional information requested at the August 22 work session had been attached to agenda items 7 (ARPA/DHA) and 14 (Second Quarter Crime Report).
Consent Calendar
- The consent agenda (items 1-6, 9-20, 25) was approved unanimously after Councilmember Cook pulled item 7 for separate discussion. Items included appointments to boards, grant acceptances, contract amendments, software agreements, and a crime report.
- Item 7 (ARPA Agreement with DHA): After being pulled, Councilmember Cook asked about eviction protections. Deputy City Manager Winbush explained that DHA's policy (two missed payments without contact) was referenced in the agreement, and that a proposal for any unused funds would be provided later. The motion to authorize the $280,917.73 grant passed unanimously.
Public Comments & Testimony
- No members of the public spoke during any of the public hearings.
Discussion Items
- Item 8 – Eviction Diversion Program Grant: Councilmember Cook recused herself (reason not specified in transcript). The council voted 5-0 to authorize a $650,000 grant agreement with Legal Aid of North Carolina to continue providing legal representation to low-income renters facing eviction due to late/non-payment of rent, funded by Dedicated Housing Funds. A second motion to authorize the City Manager to make sundry changes passed 5-0.
- Item 22 – Woodlands Preserve Torredge Road Annexation: Staff presented the request to annex five parcels (3.7 acres) from county to city jurisdiction with a translational zoning of Residential Suburban-20. Councilmember Baker asked about subdivision history and connectivity to a larger parcel to the north designated Mixed Residential. The applicant (via civil engineer and developer Bill Marlowe on Zoom) explained that annexation would allow density and road connectivity. The council approved all three motions unanimously.
- Item 23 – Woodlands Preserve Koback Drive Annexation: Similar request for five parcels (4.33 acres) with translational zoning. Councilmember Baker asked about place type alignment and road extensions. The council approved all three motions unanimously.
- Item 24 – Leigh Valley Annexation: This was a continuation from April 1, 2024. The applicant, Nil Ghosh of Morningstar Law Group, presented a revised plan. Key changes: realignment of the Falcon Bridge Road extension to follow Wendell Road, and a proffer to extend income-restricted units from 20 to 30 years. The proposal involves annexing seven parcels (total 31.44 acres), with six parcels (28.57 acres) rezoned to Residential Compact with a Development Plan (RCD) to allow 310–340 dwelling units, and the remaining parcel translationally zoned RS-20. The site is in a Transit Opportunity Area (TOA) on the Future Place Type Map, but staff found the proposal inconsistent with the TOA (only residential, no non-residential uses). The applicant argued that non-residential uses were not feasible on the back portion of the property but that realignment created future potential for a mixed-use area in the orange section (owned by Greenhawk). Councilmember Riss and Cook expressed concerns about lack of mixed-use and transit-oriented design. Councilmember Baker noted the project met 20 of 23 comprehensive plan policies but lacked diversity of uses and walkability commitments. Councilmember Caballero supported the project, noting the road realignment improved it. Mayor Pro Tem Middleton cautioned against burdening the applicant with systemic policy changes. The proffers (pollinator garden, EV charging, 30-year affordability) were affirmed. The council voted: Motion 1 (annexation) passed (tally not specified, assumed unanimous); Motion 2 (rezoning to RCD) passed 5-1 (Councilmember Baker dissenting); Motion 3 (translational zoning for remaining parcel) passed 5-1 (Councilmember Baker dissenting); Motion 4 (consistency statement) passed unanimously.
Key Outcomes
- Approved Consent Agenda (items 1-6, 9-20, 25) unanimously.
- Approved ARPA Agreement with DHA (item 7) in the amount of $280,917.73 unanimously.
- Approved Eviction Diversion Grant (item 8) for $650,000, 5-0 (Councilmember Cook recused).
- Approved Woodlands Preserve Torredge Road Annexation (item 22) unanimously.
- Approved Woodlands Preserve Koback Drive Annexation (item 23) unanimously.
- Approved Leigh Valley Annexation (item 24) with votes: Annexation ordinance passed; Rezoning to RCD passed 5-1; Translational zoning passed 5-1; Consistency statement passed unanimously.
Meeting Transcript
Good evening, everyone. Good evening, everyone. It's September 3rd, 7 p.m. I am officially calling this meeting of the Durham City Council to order in order to faithfully discharge the business of the people of Durham in accordance with statute and our city charter. I will be assuming the gavel tonight as Mayor Pro Tem is our His Honor, the Mayor is traveling and on city business, and we wish him well. I'm gonna ask if you would please join me uh in a moment of silent meditation. Thank you so much. At this time, I'm going to ask Councilmember Freeman to lead us in the Pledge of Allegiance. Thank you. It's our practice to stand to salute the flag as we say the pledge. I pledge allegiance to the flag of the united space of America to the Republic. Liberty Thank you so much. Madam Clerk, would you please call a roll? Good evening, everyone. And thank you, Mr. Presiding Officer. Mayor Williams has been granted an excused absence on August 5th. Presiding Officer Middleton. Here. Councilmember Baker. Here. Councilmember Caballero. Councilmember Cook. Here. Councilmember Freeman, present. And Councilmember Riss. Here. Thank you. Thank you, Madam Clerk. We have two uh wonderful ceremonial ceremonial items this evening. The first one will be National Recovery Month proclamation, a proclamation for National Recovery Month, and that'll be uh presented by Councilmember Baker, and then we will have a proclamation for Jack and Jill and Carol Robertson Day, and that will be uh presented by Councilmember Freeman in that order. Councilmember Baker. Good evening, everyone. Whereas behavioral health is now recognized as an essential part of one's overall health and well-being, the costs of not encouraging mental health and substance use recovery is significant for individuals, families, neighborhoods, and community at large. And whereas recovery from mental and substance use disorders occurs every day through a variety of prevention, recovery support resources and treatment programs. People in recovery strive to achieve healthy lifestyles, stable homes, meaningful daily activities, stronger neighborhoods, and contribute in positive ways to the larger community. And whereas people with untreated mental and substance use disorders are at high risk for many unhealthy and unsafe behaviors, including alcohol or drug misuse, violent or self-destructive behavior, and suicide. And whereas to help more people achieve and sustain long-term recovery, the recovery community of Durham, RCOD, invite all residents of Durham to participate in National Recovery Month and support those in recovery and the programs that help them. Now, therefore, I, Leonardo Williams, mayor of the City of Durham, North Carolina, do hereby proclaim September 2024 as National Recovery Month in Durham and recommend its observance to all citizens. Witness my hand, corporate seal of the city of Durham, North Carolina, this third day of September 2024, Leonardo Williams. Thank you so much, Councilmember Baker. Is anyone here to receive that proclamation that we should be acknowledging? All right. Thank you so much, Councilmember. Councilmember Freeman. Thank you. And I'll just ask if anyone's here to receive this Jack and Jill and Carol Robertson Day proclamation if they would like to join me up here. And I'll take a moment to just thank all of the residents and our community that are involved with Jack and Jill. I know there's a lot of volunteer hours that are poured in on behalf of those very young little people who grew up to be very active adults. So whereas, and I'm sorry, I have with me.
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