Durham City Council Meeting - November 4, 2024

The Durham City Council met on Monday, November 4, 2024, at 7:00 PM (starting late due to a closed session) to discuss ceremonial items, consent agenda, and three public hearings. Key actions included the approval of a sister city agreement with Kunshan, China (after amendment), a zoning map change for Lynley Townhouses (4-3), the consolidated annexation of Sherron Grove (4-3), and the unanimous annexation of Winsford at the Park. The meeting also featured a proclamation for Family Homelessness Awareness Week and announcements about the upcoming election and city staff salary adjustments.

Consent Calendar

• Item 1: Appointment of Maryellen (Maggie) Green to the Durham Bicycle & Pedestrian Advisory Commission (term expires August 31, 2026).
• Item 4: Adoption of five HUD Grant Project Ordinances (CDBG, HOME, ESG, HOPWA, CoC) totaling $4,482,947.60.
• Item 5: Resolution authorizing a Virtual City Auction on December 8, 2024.
• Item 6: Contract with Altec Industries for one bucket truck ($347,832).
• Item 7: Contract with Transource, Inc. for six automated refuse trucks ($2,666,702.16).
• Item 8: Acceptance of the 2024 Justice and Mental Health Collaboration Program grant ($770,999).
• Item 11: Zoning map change for Lynley Townhouses (after public hearing, moved to General Business).
• Item 12: Consolidated annexation of Sherron Grove (after public hearing, moved to General Business).
• Item 13: Consolidated annexation of Winsford at the Park (after public hearing, moved to General Business).
• Item 3 (pulled): Sister Cities Agreement with Kunshan, China – discussed separately and amended.

Public Comments & Testimony

• Lynley Townhouses (Item 11): Multiple residents spoke in opposition, citing concerns about environmental impact (clear-cutting, runoff, flooding), traffic, inadequate community engagement, and the high density of townhomes in a single-family area. Specific speakers included Jessica Dewey, Linda Shabot, Stephen DeVries, Gabriel Carrillo, Reginald Williams, Kevin Smith, Lawrence Kelly, Heaven Burrell, Kellen, and Adam Castile. The applicant (Nil Ghosh of Morningstar Law Group) argued the site is infill, already annexed, and that townhomes provide more attainable housing than single-family homes. He noted a 30% reduction in units from a previous proposal and commitments to handle the 100-year storm, 80% impervious limit, and 5% affordable units at 80% AMI.
• Sherron Grove (Item 12): Residents Pam Andrews, Donna Stanback, Pam Williams, and Wanda Allen spoke against the development, citing flooding, traffic, school overcrowding, environmental degradation (Lick Creek), and lack of affordable housing. The applicant (Nil Ghosh) explained the need to rezone all three parcels together for shared stormwater infrastructure and increased the proffer to $120,000 for the affordable housing fund and $21,000 for Durham Public Schools, plus a commitment to handle the 100-year storm.
• Winsford at the Park (Item 13): No public comments; the applicant explained it was a cleanup item to annex open space for road maintenance.

Discussion Items

• Sister Cities Agreement with Kunshan, China (Item 3): Tom Harris (Sister Cities of Durham) requested removal of a termination clause in the agreement that China opposed. Councilmember Cook questioned contract implications. The city attorney noted no penalties. Council voted 7-0 to amend the language (remove the last sentence of Section 5) and then adopted the agreement 7-0.
• Zoning Map Change – Lynley Townhouses (Item 11): Council debated community engagement, environmental impact, and consistency with the comprehensive plan. Councilmember Caballero argued infill development supports the urban growth boundary and 15-minute city goals. Councilmember Baker and Cook opposed, citing insufficient community input and failure to meet comprehensive plan standards. Councilmember Freeman expressed frustration with repeated approval of high-density projects against neighborhood wishes. The vote was 4-3 to approve the rezoning (Motion 1) and unanimously to adopt the consistency statement (Motion 2).
• Consolidated Annexation – Sherron Grove (Item 12): Discussion focused on the presentation of 120 units vs. two 60-unit projects, affordable housing proffers, and stormwater management. Councilmember Caballero pushed for higher proffers, leading to an increase from $40,000 to $120,000 for the affordable housing fund and $21,000 for DPS. The vote was 4-3 to approve annexation and zoning (Motion 1 and 2) and unanimously for the consistency statement (Motion 3).

Key Outcomes

• Sister Cities Agreement with Kunshan, China: Approved 7-0 after amending to remove the termination clause. The mayor will sign the agreement; a ceremony is planned for November 14, 2024.
• Lynley Townhouses Rezoning (PDR 8.326): Approved 4-3 (Councilmembers Baker, Cook, Freeman opposed). The applicant will provide 5% affordable units at 80% AMI for 30 years, handle the 100-year storm, and limit impervious surface to 80%.
• Sherron Grove Annexation and Zoning (RS-8 with TDP): Approved 4-3 (Councilmembers Baker, Cook, Freeman opposed). The developer will contribute $120,000 to the Durham Affordable Housing Fund, $21,000 to Durham Public Schools, and design stormwater control for the 100-year storm.
• Winsford at the Park Annexation and Zoning (RS-MF): Approved unanimously 7-0. This allows the city to take ownership and maintenance of roads in a previously approved development.
• City Staff Salary Adjustments: The Mayor announced salary adjustments for the city clerk ($126,240.12), city attorney ($264,048.12), and city manager ($292,356.48) based on closed session performance evaluations.
• Other: Council granted an excused absence for Mayor Pro Tem Middleton for the November 7 work session to attend a hurricane relief meeting in Morganton.