City Council · Regular Meeting · April 6, 2026

Recording in progress.

Good evening, everyone. Welcome to Durham City Hall. It's great to see everyone here tonight. And as we are getting started, I'll ask that you all join me in a moment of silence. Thank you so much. Now I pass it over to Councilmember Rist for the Pledge of Allegiance.

Thank you, Mr. Mayor. It is your practice. I invite you to rise with me and recite the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you all so much. Who's up first? Okay, Madam Clerk, will you please call the roll?

Good evening, Mayor Williams.

I'm here.

Mayor Pro Tem Caballero. Here. Council Member Baker.

Here.

Council Member Burris. Here. Council Member Cook. Here.

Council Member Kopac. Here. And Council Member Rist.

Here.

Thank you so much. I'm going to go ahead and start us out with our ceremonial items. First up is Mayor Pro Tem Javiera Caballero. She'll be reading the National Community Development Week And I believe we have Director Sarah Vinas here.

Is she here?

There she is with Neighborhood Services Department.

If all community members and members from the CAC could also join me up here, that would be great. Good evening, everyone. This is lovely. Thank you for joining me.

Whereas the week of April 6th through April 10th, 2026 has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant, CDBG program, and the Home Investment Partnerships program, HOME. And whereas since 1975, the CDBG program has provided annual funding and flexibility to local communities to provide decent, safe, and affordable housing, a suitable living environment, and economic opportunities to low and moderate income people. And whereas, since 1992, the HOME program has provided funding to local communities to create decent, safe, and affordable housing opportunities for low-income people, with over 1 million units of affordable housing having, having been completed nationally using HOME funds. And whereas, the city became an entitlement community in 1975 and since then has received millions in funding that have been deployed by the city to support affordable housing and community development projects across the city.

Over the past 5 years, the City of Durham has received a total of $10,193,000— oh, sorry— $876,000 in CDBG funds and— oh no, excuse me— $5,849,090,065 in HOME funds. And whereas the City of Durham has used CDBG and HOME funds directly or in partnership with community partners to develop and preserve hundreds of affordable rental units for low- and very low-income households to help revitalize neighborhoods, to address issues surrounding homelessness and to leverage millions of dollars in additional public and private investment within Durham neighborhoods. Federal funding continues to play a vital role in advancing the City of Durham's affordable housing and community development goals. Now therefore, I, Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim April 6th through 12th, 2026, as National Community Development Week in the City of Durham and support of these two valuable programs that have made tremendous contributions to the vitality of the city's housing stock, infrastructure, public services, and the economic vitality of our community, witness my hand and the corporate seal of the City of Durham, North Carolina, this 6th day of April, 2026.

Thank you. And who is receiving this? Director Viñas, thank you so much. Thank you.

Well, I will keep this brief. Good evening, Mayor Williams, Mayor Pro Tem Caballero, members of the council. Again, I'm Sarah Viñas, Director of Housing and Neighborhood Services, and I'm pleased to accept this proclamation on behalf of the city and the Citizen Advisory Committee. National Community Development Week was created in 1986 by the National Community Development Association as part of a grassroots effort to bring national attention to the CDBG program at a time when the program was facing national scrutiny.

The main objective of National Community Development Week is to educate Congress and elected officials on the importance of the CDBG and HOME funding programs and to share their impact on the community and the needs for sustained funding for these programs. This year, the NCDA has designated this week, April 6th to 10th, as National Community Development Week. To celebrate, the Citizens Advisory Committee, with support from Housing and Neighborhood Services, are highlighting the impact of CDBG and HOME programs in the following ways. The first is receipt of this proclamation and declaring this week CDBG Week.

Um, following the proclamation, the CAC is hosting a reception with partners who receive CDBG and HOME funding, uh, for community projects. The second demonstrates our CDBG and HOME dollars at work by showcasing projects in Durham. That contain these funding sources through an interactive GIS data story that will be published on the open data portal later this week. I want to thank members of the Housing and Neighborhood Services Department staff and the Citizen Advisory Committee for their support in planning these activities.

Um, the CAC facilitates resident participation in programs and activities that are financed with entitlement funds from HUD. And make annual recommendations to the city on the planning, implementation, and expenditure of entitlement funds, as well as housing and community development needs. The committee consists of 15 members, and I want to acknowledge all members of the CAC, including the chair, Valen Alford, vice chair, Sherard Johnson, and secretary Ebony Watts. In closing, I want to acknowledge and thank our community partners, many of whom are here. This evening who have received allocations of CDBG and HOME funding. Thank you for your partnership in addressing critical housing needs in the city of Durham.

Thank you all so much. Next, we'll have—

Good evening. If I could invite Sheila Williams. From the Durham Regional Association of Realtors. Is Sheila with us this evening, or another representative?

Would you like to join up at the podium? Proclamation. S. and whereas the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability and commits recipients of federal funding to affirmatively further fair housing in their communities.

And whereas the City of Durham is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all. And whereas our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities. More than 50 years after the passage of the Fair Housing Act, discrimination persists and many communities remain segregated. And whereas acts of housing discrimination and barriers to equal housing opportunity are repugnant to common sense of decency and fairness.

Now, therefore, I, Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim April 2026 Fair Housing Month in Durham and encourage all residents to support the efforts of the city and all those upholding the Fair Housing Act. Witness my hand and the corporate seal of the City of Durham, North Carolina, on the 6th day of April 2026. Leonardo Williams, Mayor.

Uh, bringing you greetings from the Durham Regional Association of Realtors. We once again ask for your continued support to help us with affordable housing and just making sure that everyone has an opportunity to become a homeowner. Thank you.

Thank you.

Testing, test. Okay, there we go. Thank you so much. Next, we'll have Black Maternal Health Week, Black Maternal Health Week, it's a typo, read by Councilmember Burris.

Good evening. As Joy spent—

here you go.

Why you bring the baby? Okay, okay.

All right. Whereas 1 in 4 babies born in Durham are birthed to Black women, Black women nationwide, regardless of income or education level, are 3 to 4 times more likely to die from preventable pregnancy-related complications. And whereas research demonstrates that that the services of diverse birth workers, health advocates, community organizations, and healthcare providers are a crucial component of eliminating disparities, enhancing Black maternal safety, and improving birth and health outcomes. And whereas we recognize and uplift community-rooted responses to addressing this crisis and we promote initiatives to reduce Black maternal morbidity and mortality, such as doula services, midwifery services, peer support, mutual aid, and mental wellness support.

And whereas Black women deserve to have a beautiful, safe pregnancy and birth experiences with access to care of their choice through being empowered and resourced to make informed decisions based on their needs. And whereas Black maternal health was founded by the Black Mamas Matter Alliance to increase awareness around the state of Black maternal health and promote activism and investments in solutions. Attention and action are needed to improve Black maternal health outcomes in Durham and across North Carolina. Now therefore, I, Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim April 11th through 17th, 2026, as Black Maternal Health Month in the City of Durham and encourage residents to support the community response to the Black maternal health crisis. Witness my hand, the corporate seal of the City of Durham, North Carolina, this 6th day of April, 2026.

Thank you so much, Council Member Burris and City Council, for accepting our, um, request to proclaim April 11th through 17th At Black Maternal Health Week, we join communities across the nation as we celebrate Black mamas, Black birthing people, Black babies, and Black families. This is the 10th year that Black Maternal Health Week is being celebrated, and this year's theme, as proclaimed by the Black Mamas Matter Alliance, is rooted in justice and joy. So this is very timely and very powerful as it reminds us that everyone deserves autonomy, choice, justice, happiness, dignity, wellness, and prosperity. Justice is more than a buzzword or a talking point.

It is aligning our actions, our rules, our policies, our budget with core values to ensure everyone is treated like a human being and has access to what they need when they need it in the way that they need it. So justice is a way of life. Unfortunately, racism and all the other isms have sustain harmful and inequitable government systems and institutions that allow things like maternal health disparities to exist. But fortunately, there's a role that we can all play to dismantle this oppression and harm.

So I'm grateful to stand beside community organizations, social groups, advocates, community leaders, churches, initiatives, and individuals that work daily to fill gaps and bring justice and joy to families.

People often help how, or often ask how they can help families and expected families. And so I encourage everyone to just put their ear to the ground, see what your neighbors and the people in your life need. We all know someone who has had or will have a baby, and it truly takes a village to raise a child. And so be kind to folks, drop off a meal, offer to babysit, lend a listening ear, give a ride.

Help clean a room. There's always something that you can do. You can volunteer or donate to local initiatives and organizations, especially those led by Black, brown, and Indigenous individuals who are most impacted by the issue. And there's always opportunities to be fierce advocates to help families get off the streets, get into adequate housing, for people to get the healthcare they need, including mental healthcare, put an end to gentrification, which by definition leads to displacement.

We can advocate for feeding families.

And advocate to end family separation. We need radical acts and radical decisions, and we must do different things in order to get different results.

Actions always speak louder than words, so thank you all in advance for doing your part.

Thank you.

[FOREIGN LANGUAGE] All right, good evening again, everyone. I will be reading our last proclamation for tonight. Realtors Week. Realtors Week.

Am I saying that right? Realist? Realtors. Come on up here and join me.

Welcome, welcome, welcome. All right, this proclamation reads, whereas Realtors Week is observed nationwide to acknowledge the efforts of real estate professionals dedicated to advancing fair housing, expanding homeownership access, and strengthening communities through equitable housing practices. And whereas the Triangle Board of Realtors, TriBOR, the local chapter of the National Association of Real Estate Brokers, NARAB, works throughout the Triangle region, including within the city of Durham, to promote housing opportunity, economic empowerment, and civic engagement. And whereas the city of Durham is a vibrant and historically rich community experiencing continued growth, investment, redevelopment, creating both opportunities and challenges related to affordability, displacement, and neighborhood preservation.

And whereas TriBoard members actively engage in housing education, public, public policy dialogue, and community partnerships aimed at supporting sustainable development, protecting pathways to generational wealth and fostering inclusive prosperity. And whereas during Realtors Week, Tri-BOE hosts programs and initiatives designed to encourage collaboration among housing professionals, elected officials, residents to address issues impacting Durham's evolving housing landscape. Now therefore, I, Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim April 12th through 18th, 2026, as Realtors Week in the City of Durham and encourage residents to support the effort of fair housing, economic opportunity, and responsible growth with the Durham community. Witness my hand in the corporate seal of the City of Durham, North Carolina, this 6th day of March, 2026.

[FOREIGN LANGUAGE] Good evening, Mayor, members of council, and the Durham community. My name is Melvin Watson. I am the president of the Triangle Board of Realtors, known as TriBoard. The local board of the National Association of Real Estate Brokers, known as NARAB. On behalf of TRIBOR, thank you for this proclamation and for recognizing Realtors Week here in the city of Durham.

It is truly an honor to accept this acknowledgement on behalf of our members and our mission. NARAB was founded in 1947 in Tampa, Florida, and is the oldest minority trade association in the United States.

It was created to advocate for fair housing, and to challenge the exclusion of Black real estate professionals from the National Association of Realtors. Because Black agents were not permitted to use the term "Realtor," our founders, 11 men and 1 woman, adopted the name "Realtors," a title that still carries deep meaning today. From the earliest days, NARAB stood on the front lines of change with the mantra "Democracy in Housing," an organization that played a pivotal role in the passage of the Fair Housing Act of 1968. Which outlawed discrimination practices such as redlining, denial of housing based on race, color, religion, national origin, sex, disability, or familial status. The work continues today as NARAB advocates for equitable lending, combats appraisal bias, and partners with HUD and other organizations to expand housing protections.

Durham has its own powerful connection to this history. Attorney Eric Michaux of Durham served as the key legal counsel for NARAB in its early days, helping to shape the organization's foundation and its advocacy strategy.

His brother Mickey also played a major role in advancing civil rights and expanding opportunities for African Americans.

Their legacy reminds us that Durham has long been a catalyst for progress. Our local board was established in 20— was re-established in 2013 as TriBoard, and since then we have remained committed to educating, empowering, and advocating for affordable, sustainable homeownership and economic growth throughout the community.

At the heart of our mission is a simple, unwavering goal: creating equal housing opportunity for all.

Realtors Week, first observed in the 1970s, and formally recognized in 1981 by President Ronald Reagan as a national—

how—

as a national effort to spotlight the importance of Black homeownership and uphold the professional standard of the realtors. This year, 115 NARAB boards across the country will participate in this national week.

Here in Durham, April 12th through the 18th, TRIBOR will host a full week of events designed to educate, empower, and engage residents. Our schedule includes a day of worship, a Realtors at the River Church, a Realtors safety—

oh, okay, okay— a Realtors safety session, a political advocacy panel, a community service project with Love for Jesus, a fair housing panel, which will be a Zoom, and our InvestHER Wealth Summit. All that comes together in a finale as the National Community Day back at the River Church, where there'll be a host of events and sessions encompassing from home buying, home selling, youth financial literacy, and we're just looking at trying to encompass everything there is to help the community in their financial goals. One of the main classes or sessions that we will have, What to Do with Big Mama's House, addressing wills, probates, estates, and trusts.

We are grateful for our partners who make this work possible. The Nehemiah Church, who we worked with in the past, the River Church, Renewed Covenant Christian Center, Durham and Raleigh Regional Association of Realtors, North Carolina Realtors Truist Self-Help, Southern First Bank, and the Durham City Council who we worked with last year, and the entire Durham community.

And finally, to our Tribal members who are the driving force behind everything that we do, the dedication and professionalism.

com. All sessions are free and open to the public.

Thank you, Council and Mayor.

com is where you can register. Thank you. You're not supposed to look back when I'm saying, all right, bring it to a close. You look back and you have me all embarrassed.

Uh, no, thank you all for the work, and thanks for partnering, uh, last year with the, uh, financial playbook. Thanks for the work you're doing. Council Member Rist, you want to get us started or announcements? Announcements. You can go to get it started.

Thank you, Mr. Mayor. Surprised me from over there. Good evening, colleagues, Madam Pro Tem, City Manager, staff, residents here online.

Good to see you all. Just a couple of announcements. The first thing is I had great pleasure late in March to participate in the retirement celebration for Dr. Jermaine Brewington.

I think we talked about Dr. Brewington maybe before here from the dais. She was a longtime city employee and also most recently led the Audit Services Department for many, many years, provided great leadership. I just want to express my deepest appreciation for her service to the city and for— and for her dedication to the work we do here.

You know, not every city has an Audit Services Department. Sounds kind of wonky, you know. But the fact is, we have people here in the city who are looking at things like not only our finances at the city, but also how we run programs, how we— how we follow our hiring practices. How we manage contracts, and how we deliver programs like the Community Safety Department.

So I just want to express my deepest appreciation again for Dr. Brewington and wish her the best in her retirement. She's been— made a great contribution to the city of Durham. Um, the next thing is, it is baseball season, y'all.

And so last, last Tuesday was opening night for the Bulls. I joined the mayor, the city manager before he left on vacation, our city manager, a number of colleagues at the opening night for the Bulls. They're not doing too well this year. So if you all are baseball fans or even if you're not baseball fans, coming out and support the Bulls this year at the Durham Bulls Athletic Park.

Also want to mention that last Thursday we had a really important meeting here at the City Council. The Legislative Committee of the City Council met with our lobbyists at Checkmate Government Relations. Our relationship with state government is probably our most important relationship as a city here in the state. There's so much important things we have to do that relate to our relationship with the state.

So having paid professional staff representing us in Raleigh is so critical when there's issues like local revenue-raising authority on the table, when there's issues like how we can increase our funding and our support for transit projects and how we can deal with key environmental issues like PFAS, which is a growing challenge in water, and things like soil in our city parks— sorry, contaminated soil. So I just want to say we really appreciate having that relationship with Checkmate. And again, we as a City Council understand that important relationship we have with the state and are working our hardest to have quality people representing us as we deal with our relationship with the state government, which is so important. The last thing I want to say is last Friday I was grateful to participate in the 100th birthday celebration of the Carolina Theatre.

We are so lucky to have such a great institution here. I see some people clapping. Great to have an institution like the Carolina Theater that's been around for 100 years delivering all kinds of important cultural events for this community— film, live events, and other events. So I just want to thank Randy McKay, the director, and the staff for organizing that.

And I want to thank all you, the residents and folks out in the audience, who are so supportive of the Carolina Theater. And we're hoping for another great 100 years for the theater. Be on the lookout, there's all kinds of things going on this year to help celebrate that 100th anniversary. So look on their website and be sure to participate in that.

It's a great thing to have in Durham, and, uh, we're so, we're so grateful to have that institution. Thank you, Mr. Mayor.

Thank you, Council Member. Council Member Cook.

Thank you. Good evening, everyone. I will also be brief. Um, I want to echo the comments, um, celebrating Dr.

Brewington. Also want to talk about one other city employee who retired in the last couple of weeks, which is Keisha Barnett, who was our homelessness systems coordinator. She will be very missed. Uh, she and I have worked together very closely for the years that I've been on council.

So thank you both to both of those incredible employees. And Chag Sameach to those who celebrate. Happy Passover. We are in the last couple days of that celebration.

It's a heavy one this year. I mean, I think the past few years have felt pretty heavy. It's hard to celebrate liberation and think about freedom when so many people are not free, both in this city and state and also around the world. So I just want to say a special shout out to my community in Durham who gathered at my house, several of them last night.

I've been to other seders as well this week to talk really seriously about our role in bearing witness to some of the atrocities that we're seeing and how important it is just to still be present. A lot of times it feels like we talk about not being able to do much, but there is always something to do. And if we're not taking direct action, then we can bear witness and we can experience pain and trauma and give that real grief and life to us as we share the world with people who are still striving for that liberation. So as we say at my seder, hopefully next year in peace and liberation, and I hope that for all of you as well. Thank you.

Thank you, Councilmember Burris.

Good evening, everyone who is with us present in the chambers, also those who are watching us virtually. I feel like it's been a long time since we've met.

I enjoyed it though. I'm excited to be back with you all this evening.

I'll be brief with my remarks as well, so I won't read or bore you with my entire schedule, but I've been very busy a couple weeks. So I want to extend my sincerest gratitude to Senator Natalie Murdock for an invitation to participate in Senator Jeanne Lucas Commemoration Week. I had the opportunity to take a wonderful panel with Mayor Pro Tem as well, um, and some other strong leaders such as Sydney Batch, Senator Murdock, as well as Dr. Stanberry and Commissioner Burton.

We had a great time this discussing women in politics, a lot of candor and great conversations while we empower our young people. Also want to extend my sincerest gratitude to the Student Government Association at Durham School of Technology, especially Ms. Nelia Hurley, I'm sorry, who reached out to me asking to participate in their Women's History Month event, and I sincerely enjoyed engaging with young people, talk about my journey into public office, but also inspiring them, and they were really, they asked some really good questions that caused me to relive some memories, but I'm also I had an opportunity to share with them more about that. I also want to extend my sincerest condolences to our fallen Eagle, Ms.

Carrie Everett, who lost her battle with cancer at the age of 22. She was the first NCCU— I'm sorry, first HBCU student to become Miss North Carolina, I believe. And so want to extend condolences to our Eagle family, but all those who knew and loved her, and remind us that life is so very, very precious. And then finally, for my last remark, and I have a minute 30, I could just [FOREIGN LANGUAGE] I just want to call attention to an issue in our community that happened, and it's not really sitting well with my spirit. Last week during Holy Week, on Thursday, right before Good Friday, got some notifications that there was an attempt to remove our unhoused neighbors from Oakwood Park.

And I—

how we treat our most vulnerable people reflects us as a city. And when we mistreat the most vulnerable people, it shows where our priorities are. And we do not have our priorities together right now. I know that people want to utilize public spaces, and I do agree that kids should be able to play in public spaces, but there are also parks, the one on Long Meadow Park for about 2 years was overrun by people who were unhoused as well.

So it's really an equity issue in thinking about this is human, these are human lives, and our greatest asset in Durham is our people. And if when you can mistreat the people who are very vulnerable, I question what you'll do for the rest of us. So I'm really concerned about the criteria we're utilizing to determine which voices we elevate, because I know folks along the Fayetteville Quarter have been complaining for a long time about the encampments there, also the fires that have been there. Also, just on my side of town where I live at, I have an encampment by me. This is a humanitarian issue.

It's not just a single—

it's not a black or white issue. We have people who do not have anywhere to go. And if you think about just, we can be one paycheck away from being out there. So I really encourage you to love your neighbors and take care and support your neighbors, but also hold your government accountable, especially when it comes to your money. Thank you.

Thank you, Councilmember Baker.

Good evening, everyone. Thank you to my colleagues for all of your wonderful announcements. I wanted to repeat something that Director Williams Williams spoke to earlier, which was that the city is going to be making available a story map about CDBG funds in our city and the impacts that that has had. I want to encourage us to, to push that out as much as possible because I think that is such an important program and an important story for us to, to tell and highlight for our residents and for our higher-level elected officials.

They need to know how important CDBG funds are, uh, for the people of Durham. Um, we operate under a dark cloud of, at the federal level and, and global happenings, um, that are impacting everyone in this room right now, um, with where our tax dollar— federal tax dollars are going, with the cost of gas, uh, and, uh, frankly, with, uh, the soul, I think, of this, of this country. And I think that one thing that speaks to at the local level here is how important it is that we plan for a resilient future, uh, that we make sure that we are creating a city that is not entirely dependent upon fossil fuels and the burning of fossil fuels, and that we transition, uh, to the degree that we possibly can to a city that is more walkable and more transit-oriented, um, and has the elements of a, uh, an equitable and walkable walkable city. We, we of course can build a walkable city that is not equitable, but we cannot build an equitable city that is not walkable.

And so we need to transition in that direction. Part of that is going to be through the rewrite of the Unified Development Ordinance. Many folks in the room and watching may know that we are going through the process of a UDO rewrite is currently on pause because of, uh, it's kind of strange state enabling legislation and amendment that was made in 2024 to that enabling legislation. and it paralyzes not just Durham, but every single, uh, small town and big city across the state of North Carolina is paralyzed until the legislature takes action on fixing, uh, that, uh, those provisions. And so I hope that they will, uh, because, uh, we need to be able to build a city that is, that is more walkable and, and move toward a more resilient, uh, uh, future for our city. Thank you.

Thank you, Councilmember Kopac.

Thank you, Mr. Mayor. Good evening, colleagues, staff. Wonderful to be with everyone who is here this evening in person and online.

First of all, happy Passover and a blessed Easter in this season. As a liaison to the Citizens Advisory Committee, was really proud to see the proclamation of Community Development Week. I've seen the effort that staff and our residents have put into preparing for this week, as well as reviewing applications. For grant programs that are critical to help us bring resources to this community for the housing we need in Durham.

So please do check out the story map on the open data portal when it is released later this week. I was really proud to represent the city and the mayor for Crop Walk, reading a proclamation from the city in recognition of the efforts over 5 decades of groups coming together to address the critical issue of hunger in our community. Was glad to celebrate the legacy of Senator Jeanne Hopkins Lucas, the first Black female state senator in North Carolina. And I was really pleased to be able to join Founders Day for the Center for Senior Life in Durham, which among others honored civic leaders like our former council member Howard Clement for their role in supporting seniors in our community and founding the center.

At this gathering, I had the opportunity to meet Ms. Catherine Farrell, North Carolina's oldest resident. At 113 years old, and she walked into the room like she was decades younger. It was an honor to meet her, and her bio states that her life exemplifies resilience, community involvement, and a dedication to education and faith.

So all of my best well wishes to Ms. Farrell, uh, and looking forward to a good meeting this evening. Thank you.

Thank you, Mayor Pro Tem.

Thank you. Good evening, everyone. Appreciate all of my colleagues' comments. I have nothing further. Thank you.

Thank you. I do have a— well, I had a few, and listening to my colleagues, much of the comments have been shared. I did want to— Councilmember Burris addressed this as well. We have received numerous emails on a a number of encampments in our parks.

And I want to say that homelessness is literally one of the most complicated issues that we're dealing with in this city. We have two existing realities, and both must be addressed. It is, we are at capacity with government-sponsored housing when it comes to housing our homeless or folks that are transient. And there are private organizations that do have capacity.

However, whether it's shelters, whether it's their private organizations, they all have their rules, their things that you have to follow, their norms. And it's really important that we try our best to support that work until we figure this thing out, because no city right now has figured out the silver bullet to homelessness. But what I will say is we all have norms that we have to follow. It is also a reality, and it's not right, that, you know, we do have public spaces that are filled with needles, that are filled with fires when there's a ban notice, you know.

And I think that, you know, we do have vulnerable folks, and we have to figure it out. And I'm going to say right now that Durham and no other place has figured it out. But what I can say about Durham is we do have homeless recommendations that we're going to be raising money to support those plans. But right now, in the short term, this is a very complicated issue and we don't have a solution for it.

And I can appreciate staff that are trying to, and I'm going to support the staff because they are the ones that I can say are doing something. But at the same time, we have two realities that are existing. There are families that cannot go outside and go into the park, and then there are folks that are living in the parks and not in the places where we need them to be, so we can't support them. So I'm not going to simplify this issue.

I'm going to say that it's very complicated. I'm going to be vulnerable and very honest that we have a lot of work to do in Durham as well as other places across the country. And I hope that we can have the community support. This is not about pointing fingers.

This is not about us versus them. It is about a community issue, and I'm going to agree with Councilmember Burris when I say— when she said it's a humanitarian issue. If we can fund a war at $2 billion a day, we can at least put a roof over someone's head. And that is America right now.

That is what we're dealing with. So in Durham, You hear the word compassion a lot. You hear it a lot. I hope that we can do our part, but please support our local government as we're trying to work with everyone to get this figured out. Thank you. All right, um, I'm going to at this time pass it over to the manager for, uh, your priority items.

Thank you, Mayor, Mayor Pro Tem, members of council.

The City Manager's Office has one priority item this evening.

That is for agenda item number 15, the Preservation North Carolina option to purchase Home Security Life Insurance building at 505 West Chapel Hill Street. Several modifications were made.

The second motion of this item was deleted from when you saw the work session.

The resolution of conveyance and rehabilitation agreement was also deleted so, uh, council can provide feedback on the proposed development prior to property conveyance. Those are the manager's office priority items.

Thank you. Madam Attorney.

Good evening, Mayor Williams, Mayor Pro Tem Caballero, and members of the council. It's good to see you. City Attorney's Office has no priority items tonight.

Thank you. Madam Clerk.

Good evening, Mr. Mayor, Madam Mayor Pro Tem, members of City Council. The City Clerk's Office has one priority item, and that's the item on the general business agenda, and it's the name of the majority appointment. I can either announce it now or I can, I can do it when we get to it.

You can announce it now. Well, it's, uh, and then I'll entertain a motion to, uh, all right, I'll read out the motion with the name included.

All right, so, um, the majority of council voted Shannon M. Salentine, so it's to appoint Shannon M. Salentine to the Human Relations Commission with the term to expire on June 30th, 2027.

All right, you've heard the motion and the name. I'll entertain a motion to approve.

So moved. Second.

It's been moved and properly seconded. Madam Clerk, please open the vote. Please close the vote.

And the motion passes unanimously.

Thank you. At this time, I'll read the consent agenda. Item number 1, Citizens Advisory Committee appointment. Number 2, Durham City County Environmental Affairs Board appointment.

Number 3, Durham Open Space and Trails Commission appointment. Number 4, Durham Historic Preservation Commission appointment. Number 6, Department of Water Management contract management performance audit, January 2026. Number 7, interlocal agreement for the distribution of sales tax between the City of Durham and Durham County.

Number 8, fiscal year '26-'27 budget development guidelines. Espanol. Number 8. Number 9, Mayor's Hispanic Latino Committee 2025 annual report.

Number 10, Second Amendment to contract 19650 with Housing for New Hope Incorporated for the provision of landlord Engagement Services. 11, resolution authorizing the virtual city auction. Number 12, utility revenue refunding, Bond Series 2026. Number, uh, 13, fiscal year 2026 Capital Improvement Plan, CIP, project closeout.

Number 14 has been pulled, eminent domain action to obtain 4 parcels at 515, 517, and 509 East Trinity Avenue. Number 15, Preservation North Carolina option to purchase home security life insurance building at 505 West Chapel Hill Street. Number 16, construction of rectangular rapid flashing beacons at school and trail crossings. Number 17, maintenance agreement with the North Carolina Department of Transportation for the North Rock Southfield Street at Horton Road and Denfield Street project, TIP number W5705AI.

Number 18, maintenance agreement with the North Carolina Department of Transportation for the North Carolina 54 and Hobson Road project, TIP number HS-2405AH. Number 19, check my virtual speakers. Number 19, amended and restated reimbursement and lease agreements between North Carolina Department of Transportation and the City of Durham for the lease of the Durham Amtrak station. Number 20, purchase contract Ferguson Enterprises, LLC, a Virginia water meter bulk order, no relation to our city manager.

And on GBA number 5, Human Relations Commission appointment, which we just did. General business agenda, public hearings, 23, zoning map change Reserve at Infinity, and 24, zoning map change Topgolf dorm mixed-use phase 2. All other items are not actionable items. They were information only at our work session, which— well, I'm going to— before I ask for a motion, I do want to address the design of the agenda.

It's going to look slightly different because we are— we're trying to be able to clarify what information is what. So actionable items versus items that do not need action. And so when we're signing up, if you see something on there, if it says no action agenda items informational purposes only. That means we heard it, it was addressed on work session, it will not be addressed tonight or at the actual general body meeting.

Uh, just information only. So I just— for the public to know, and I'll probably announce this again, that is not an item. Those aren't items you pulled, they're not items that we'll be discussing. It's not— they're not items that will be taken on.

They're just on this in rotation because we heard it already and addressed it. During the work session. At a later date, there may be action, but as of right now, you'll see on the agenda, um, no— the no action agenda items, information purposes only section, uh, which is a new item.

Mr. Mayor, I signed up for number 15.

Mr. Mayor, I think number 8 was pulled as well.

Give me one second. Miss Peterson, you were trying to pull item 15, correct?

Yes, Mr. Mayor. She was— her intention was 14, 15. But apparently it was reported as 14, so she would like to pull 15 instead.

Got you. All right, that's okay.

Does she want to pull both of these items, or was she only trying to speak to 15?

Yeah, number 15.

Okay.

Because that's what we were talking about outside. The 505 Chapel Hill Street item, right?

I'm sorry?

You are referring to the 505 Chapel Hill Street.

Which is one of those non-actionable items.

What? No, this one is actually— this one is. So yes, so Madam Clerk, if you can just record for the record, it's item 15, not 14. All right, so I have you down.

Yeah, no problem. I have you down as number 4, number 15. So number 14, colleagues, have not been pulled. It's item number 15 and number 8.

I'm happy to make a motion for the consent agenda with the exceptions of 8 and 15.

Thank you so much. It has been moved. Is there— is there a second? It's removed.

And probably second. Madam Clerk, please open the vote for the consent agenda with exception items number 8 and 15. Please close the vote.

And the motion passes unanimously.

Thank you so much. All right, first up, item number 8. Uh, this is Pablo Freeman.

Good evening.

You got 3 minutes.

Good evening, Mayor Williams. Good evening, uh, Pro Tem Caballero, members of council. Staff and the millions of viewers and all those here tonight. Um, I want to first commend staff for this budget guidelines document.

I think it's a really good intent, desire to try to get council, particularly voting members, where they're aligning in terms of how they're going to spend the dollars. I think that's really good, but I also want to continue my comments from the public hearing that you had at your last meeting. Because I think you're not focusing enough on the revenue side with the budget stuff. And I want to offer a couple more ideas on the table, because if you don't address the revenue side, I think you're going to be placed in an impossible situation at the conclusion of this process.

Specifically on the revenue side, as many of you know, um, there was a decision to move some of the occupancy tax revenue into a politically connected nonprofit— millions of dollars. I want to thank Council Member Baker for speaking out against that. Maybe you might want to ask the powers that be on that board to give some of that city money back so you can move some of the revenue pieces around without burdening the property tax owners, the residential property tax owners. Last time I was here, I talked about how the property tax reevaluation uniquely impacted residential owners, and I think really didn't fairly hit commercial owners.

Since that meeting, I really haven't heard much public comment from those of you who have the governing authority on this council. So I think you should speak out on a fair property tax evaluation process. Additionally, um, I think it's kind of ironic that Republicans in the state legislature, particularly the state house, have released a proposed set of legislation that actually remove a multi-billion-dollar nonprofit's exemptions for property taxes under one of their proposed bills for the short session. I find it ironic because you have Republicans being more progressive on taxing billion-dollar entities than we have progressive elected members of city council.

And so I think if you don't address the revenue side, what you're going to come down to is increasing The property tax owners, the residential ones, have already faced such a significant burden, and I don't think that's fair in this economic environment. And so I'd really push all of you to use your power on the revenue side. And I also want to address that the last thing I found out from Bike Durham, that the county has hundreds of millions of dollars of tax revenue for transit, and it hasn't been released from that fund. Maybe it's time you call the county commissioners and tell them to move some of that money so you don't have to deal with an aggressive ask on fare-free transit, and you can move some of that money elsewhere, maybe like housing some of our unhoused folks here in Durham that I think we so urgently need to move. Thank you for your time.

Thank you for your remarks. Uh, I have Adon Bey. Can you hear me virtually? Hey, good afternoon.

Can you all hear me?

I can. Welcome, you have 3 minutes. Great, thank you. Glad to be here.

Revolutionary love to the mayor, to the city council members, to everybody in there.

I wish I can be there tonight, but I'm on daddy duty and it would not work too well with my son being there. But I just wanted to just of course, lift up the great work that you all are doing and continue to encourage you all to add safety, of course, community safety as a line item on the budget. I know there's already some items there around safety, but I want to be more specific when I talk about community safety, about violence interruption. And I don't know if folks are like that familiar with what violence interruption is.

I know some folks are from Bull Cities United when it was up, but we do not currently have any violence interruption program currently right now. And just looking at it, it will cost the city around $10 million to have a successful, fully thorough infrastructure to support a full-wide violence interruption program. And that is the only thing we are missing right now in this CVI, community violence intervention ecosystem. We have HVIP with Duke.

We have, of course, the Durham BUILD, Project Build. There's so many great pieces, the Office of Community Safety. But again, the biggest piece that's missing is the Violence Interruption Program. So again, my name is Adon.

I'm a violence— community violence interrupter with North Carolinians Against Gun Violence. Thank you. Thank you so much. Next up is item number— I'm sorry, I need to entertain a motion.

So moved.

May the entertain— I'll entertain a motion to approve fiscal year 2026-2027 budget development guidelines. It's been moved.

Second.

It's been seconded. Matt Kopac, please open the vote. Please close the vote.

And the motion passes unanimously.

Thank you. Item number 15, that's next. Pulled by Ms. Victoria Peterson.

Welcome. You have 3 minutes. 3 minutes, Ms. Peterson. Ms. Peterson, 3 minutes.

And you know I need longer than 3 minutes.

3 minutes, Ms. Peterson. Okay.

I've got a real serious problem about this whole project. I do not know why historical Preservation Foundation of North Carolina wants us to give them this property. And why I say give them, because I have gone to several meetings and I have not heard one day how much money they would like to purchase this property for. Now, my little research, and we're speaking about, so folks will know, I'm not sure why they don't want to say what this building and who was using this building.

This was the old police station. The old police station, 501 West Chapel Hill Street. I heard quite a few of you folks, young folks up there at the council, that we have a homeless problem. So I'll cut right to the chase.

We need this building to be used to help persons who are living on the street. And Mr. Mayor, one of the problems is that the homeless shelter is full. It's running over.

They do not have enough room. So this building, instead of just giving it to this organization, the research that I've done, the property itself is over $1 million. And the building, my understanding, is about $33,000. Well, that building really should be a lot more.

But anyway, Mr.

Mayor, what I would like to see this building turn into housing for persons income starts at zero and it does not go beyond $600 a month. So if you have a person that's working for McDonald's or for, who is it, Bojangles, which a whole lot of us like to go, Their folks are only being paid $14 an hour. We have a lot of folks who are only being paid $7 an hour, particularly for the African American community. Please do not give the people's property away.

If folks want to buy our property, they need to pay for it. And then we could take that monies and use those monies for other buildings, fix those buildings up, for persons who have zero income. I'm tired as a person of color going through the African American community on Austin Avenue, Fayetteville Street during the winter months, seeing Black men living on the street, having to have a fire to keep warm. I'm tired of seeing it.

And I'm tired of our community allowing this kind of foolishness to go on. Durham has plenty of money. We have plenty of individuals, and we— and this, this government, our property, we have plenty of land, and we can take some of that land and really help the homeless people. Thank you, Mr. Mayor.

Thank you, Ms. Peterson. And staff, thank you. Thank you.

And staff can help let you know what's actually happening there. We're not just giving it away. There's a I implore you to go back and watch the work session discussion on this item.

Well, I've been to the work session. I haven't heard any money being mentioned that they're going to purchase it.

All right, they can let you know exactly what it is.

Is that person here that can speak?

He's walking out to the door right now. His steps are Order! I just want you to know exactly what's going on here, Miss Peterson, that's all. All right, colleagues, I just want you to know exactly what's going on with it.

I listened to your comments and I want you to know exactly what's happening. Yep, they're gonna— he's gonna— he's gonna help you out. Okay. So that's not why he was going out, but I'm— he's the smartest person I know right now, so he can help you out.

Or someone over there, you got it. Yep. Could someone help her? Gotcha. All right, thank you. All right, colleagues, I entertain a motion, uh, to authorize the, uh, city manager to negotiate and execute an option to purchase a portion of 505 West Chapel Hill Street containing the Home Security Life Insurance Building to the Historic Preservation Foundation of North Carolina Incorporated for the preservation and rehabilitation of the Home Security Life Insurance Building in recognition of its historical significance.

Mr. Mayor, I'll make that motion, but I would like to have an opportunity for discussion. Yeah.

It's been moved and properly seconded. Discussion?

Thank you. Um, I have a— whoever wants to come up, staff person, or maybe, I don't know, maybe it also might be Attorney Miles. I don't know, maybe Attorney Miles. You can call in a friend if you're not the right person.

Um, I Um, in my understanding of the conversation that we had at the work session, Ms. Turner said that it was not going to be an option to have the rehabilitation agreement come back before the council before it was executed because the developers are subject to— the timing, she said, didn't seem to work out. However, in the amendments that we have, or in the final draft of the contract, it does in fact seem like the rehabilitation agreement is going to come before council, and that is our sort of last opportunity for a check. So can you just talk about the discrepancy there from what we heard at the work session?

Yes, so the option that is attached to the agenda is a draft version. It's still under negotiation, um, but what we understood at the work session was that you all wanted to see this item come back before you all for information or approval prior to the selection of a developer, or before the sale went forward, is what we understood. And if you would like to clarify that, we can make sure that's clear. Or would you like to see the rehabilitation agreement?

Um, no, I think that's exactly what we had talked about. But the— I, I'm curious about the methodology of that coming back before us, because at the work session, Miss Turner said that it was not possible for it to come back in the rehabilitation state agreement stage, and in the draft contract that we have in front of us, that is when it's coming back. And so I'm just confused about why she said that was not possible and now why we are looking at that language.

So what is in the current draft allows for the city to author— to review and approve the rehabilitation agreement before it's signed by the developer. What was discussed at the work session was that this item will come back before you all before the sale has been executed so that you can have conversations with those developers. So the sale itself— so this just allows the option to move forward, but prior to us executing the sale, before the manager signs off, it comes back to you all for a vote on executing the sale.

Okay, I, I— yes, I mean, I'm just— I'm reading and I understand that this is a draft But we are voting on it tonight. And so I want to make sure that I'm, I'm just clear on the timing, um, that it does say prior to execution, but it— I, I remember having this conversation and when you said it, I was like, that sounds like a great idea. And then I remember her coming up immediately after you and being like, that's not going to work with the timing of how, how we work with developers. So this is after we do rehabilitation, after Preservation North Carolina does a rehabilitation agreement with a developer, they've already selected developer, then it comes to us prior to the formal execution of that?

So before they enter the rehabilitation agreement, it's going to come back to this body so you all can get information from the developers that have been gone through their marketing process. So that's prior to the rehabilitation agreement. So it will come back to you all before the rehabilitation agreement is even part of the consideration on the part of PNC. So that will happen before the execution of the sale, and the rehabilitation agreement will be entered into prior to the execution of the sale. So you will see it before both of those things.

Okay, that makes sense. And that has— y'all have gone over that with Preservation North Carolina and, and for the, the process of theirs, their getting a developer and being able to develop the land, this all makes sense to them.

As written, I think the one thing that they would need clarification on is whether or not it's coming back to you all for information or approval before the sale is executed. So, so we see it ourselves.

It does say approval in this draft. So are we expected to vote tonight without that being clarified?

So what's before you is to allow the, the staff to continue negotiating with Preservation NC. If there's anything in the option in the draft form that you're seeing that you'd like changed, I'm happy to make those changes. If you can direct, direct that as a part of the motion, then I can absolutely make those changes.

Um, it actually— I mean, it, it looks— I like, I like the approval phrasing. I just wanted to make sure that I think that was— it didn't seem like it followed with Preservation North Carolina's statements at the work session, so I just wanted to make sure that it had run by them. So we will see this contract again before it is approved, even though it is not— I mean, this is— it falls below the manager's threshold.

So you wouldn't see the option again, but you would see the final sale agreement before it goes forward.

The 505 of the building?

Yes, of the building in North Carolina.

Not—

no. Okay, thank you. Thank you for clarifying that.

All right. Yes, go ahead.

I appreciate the questions from residents, from my colleague. I just want to say that I'm excited to see us move this forward and see my colleagues come together with a big picture view for the site to take this tangible action around reuse and preservation for this building, which will then bring in revenue. It will, it will help bring in revenue for the city when this is developed. The possibility that there is now for affordable housing development is exciting, as well as the long-term option for that denser mixed-use development to make sure we're really activating the site and bringing that additional revenue into the city.

So just really excited to see that, that phased approach that we're working on and to see this agenda item tonight. Thank you, Mr. Mayor.

All right, thank you, colleagues. It's been moved and properly seconded. I'll now ask the clerk to open the vote.

And the motion passes unanimously.

Thank you. Just, uh, so that I don't forget to do this, colleagues, I actually need to ask for an excuse absence.

For Thursday.

I failed to do that earlier.

Can you remind me?

All right, don't worry about it. I'll ask you at the end of the meeting. All right, next item, number 23. Nobody wants to talk about 23, I see.

That's what everybody signed up for. So that being said, I don't have any for number 24, so I'm going to just do— get that one knocked out of the way. Colleagues, I'm going to actually address number 24 first. All right, this is our zoning map change, Topgolf, Durham Mixed Use Phase 2.

Thank you, Mayor. Mayor Williams, Mayor Purrington, Caballero. Good evening, I'm Andy Lester with the Planning and Development Department. It's good to be with you all tonight.

Uh, before I begin, staff would like to state for the record that all Planning Department hearing items have been advertised and noticed in accordance with state and local law, and affidavits of all notices are on file in the Planning Department. 85 acres. And located at 4840 Topgolf Way. The current zoning is industrial park.

The applicant proposes to change this designation to commercial general with a textual development plan to allow for a range of commercial and civic uses. The properties are currently designated highway commercial and recreation and open space on the place type map. The proposed commercial general with a development plan zoning is generally consistent with the designated place type. Thank you. Staff and the applicant are available for any questions.

Thank you.

You've heard the staff report. Are there any technical questions or comments? If not, I'll now declare the public hearing open.

Yeah.

All right. Oh, there we go. Yes, please. How much time do you need?

I'm going to endeavor to stay under 5 minutes if it pleases the council.

All right, thank you. Welcome.

Thank you, Mr. Mayor, um, Madam Pro Tem, and council. I'm Anne Anderson. I am not Neil Gosch, but I work in the office next to him, so thank you for allowing me to be here with you tonight.

Oh, I represent the applicant in this matter, and as Miss Mr. Lester said, this is a rezoning of a small portion of a large, uh, 50-acre assemblage. Um, this is seeking to rezone a less than 3-acre parcel at the corner. I think I have a PowerPoint slide here if I can pull that up.

Oh, it's got my name on it. Just a moment. This is just a quick visual so that you all have something to look at. Good enough. You see it?

Okay, thank you.

So as you can see, they're highlighted in light green. 85-acre parcel that's part of what everyone, I think, is now starting to considered to be the Topgolf, um, property. And Topgolf there is at the backside, if for those of you who haven't been there. In general, the existing zoning of this assemblage works well to accomplish what has turned out to be a commercially successful use of this highway-adjacent property.

It's the industrial parkway zoning. But there are some limitations that don't allow the development to proceed with some retail uses that would help round out the successful use of this assemblage. 85-acre parcel there you see at the— that's adjacent to Page Road to allow broader use, um, of— for retail. So this could be a small shop, it could be a restaurant, it could be, um, it could be a fuel station.

It's adjacent to I-40. Um, the developer has committed to having no direct vehicle access to Page Road, so the traffic impacts will be minimal on Page Road. I've also committed to doing a 10-foot shared pathway adjacent to Page Road to allow for bike and pedestrian movement. The, um, the impact will be minimal in the sense that they've committed to doing a maximum of 4,000 square feet of, of conditioned space on the site, which is a fairly small footprint for interior space, and then a maximum of 50% impervious to exceed the, the requirements of the UDO.

All plantings will be native species, and we of course will meet the 10% tree cover requirement on this particular parcel, even though the entire site overall exceeds the tree cover requirement of Durham's UDO. And then I think importantly, some of the less desirable— well, depending on how you look at it, but less desirable uses of the commercial general zone are we commit to not doing, and that includes electronic gaming operations, indoor firing range, payday lenders. And then this will not be used for, um, for living facilities and educational facilities. So those are the commitments.

Uh, as you may have noted, the, um, Planning Commission recommended approval, um, unanimously, and there were a broad number of comments amongst the planning commissioners that this was, uh, an appropriate use for this site. We agree, um, it's— it remains in the, uh, major transportation corridor, um, and, and the, the existing overlay, that will not change. So the only thing that's changing is the underlying zoning to allow for retail uses. I can answer any questions that you have. We appreciate your support, um, if you, if you would give it, and I'm here to address your concerns, if any.

Thank you.

Thank you.

Thank you.

I think if we have any questions, I'm just hearing—

open.

So I just— I don't think I have anyone else registered to speak on this item. So I'm going to go ahead and close the public hearing, colleagues, and questions for the applicant or staff. Thank you.

Thank you.

I need— well, first motion is to adopt an ordinance amending the Unified Development Ordinance by taking property out of Industrial Park Major Transportation Corridor I-40 overlay and establishing the same as Commercial General with the development plan Major Transportation Corridor I-40 overlay. So moved. Second. Have a motion and a second. Madam Clerk, please open the vote.

OK, please close the vote.

And the motion passes unanimously. You have a motion to adopt a consistency statement as required by NCGS Section 160D-605.

So moved.

Second. I have a motion and a second. Madam Clerk, can you please open the vote? Can you please close the vote?

And the motion passes unanimously. Thank you. Next up, I have item number 23, zoning map change, preserve at infinity. Good evening.

Good evening. Um, thank you. A request for a zoning map change has been received from Maria Farmer, Parker Poe, for 2 parcels of land totaling approximately 18 acres and located at 401 and 301 Infinity Road. The current zoning is Residential Suburban 20.

185 and Office and Institutional with a Development Plan to allow up to 90 multifamily units and up to 5,000 square feet of non-residential uses. The properties are currently designated Transit Opportunity Area, Mixed Residential Neighborhood, and Recreation and Open Space. On the place type map. 185 zoning is generally consistent with the TOA place type, while the OID zoning is generally consistent with the mixed residential neighborhood, um, place type allowing for non-residential uses within residential areas.

Thank you.

Staff and the applicant are available for any questions.

Thank you. Before I open the public hearing, do any colleagues have any questions for staff? Currently. Okay, I'm going to go ahead and open the public hearing. If the applicant could go ahead and join us. Good evening.

Yes, good evening.

How many minutes do you think you'll need this evening?

Um, 10 minutes.

Okay, Madam Clerk, could you please put 13 minutes on the clock? Thank you.

Good evening, members of council. My name is Mary Farmer with Parker Poe, 301 Fayetteville Street, Raleigh, here on behalf of the applicant and property owner this evening. I am joined tonight by the project's landscape architect, Jeremy Anderson with Thomasson Hutton, and Jeff Hockendell, the project's traffic engineer with Timmons Group. Although a TIA was not required for this project, uh, Jeff was hired by the applicant and is with us tonight.

Because the applicant wanted to better understand the development's traffic impacts based on community feedback related to traffic. As such, both Jeremy, uh, and Jeff will be available to answer questions this evening. The property owner bringing this proposal tonight is a local resident with a small family business that has owned this property for 7 years and has partnered with friends to develop the site. Well, this is not what they do full-time.

Through their family business, they have site work experience with both private and municipal projects, including with the City of Durham, and will complete the horizontal site work for this development while looking for a partner for the vertical build. The applicant is here tonight and is excited for the opportunity to take on this project, which offers a new housing type in close proximity to existing food, retail, parks, trails, and transit with environmental and income-restricted commitments. So, just to orient you with the location of the site, um, again, it is 2 parcels, as Andy went over. It is within city limits, just along Infinity Road, uh, east of the intersection of North Roxborough Street and Infinity.

The total acreage for the property is a little over 18 acres, but the actual developable acreage is much smaller given the environmental features on the site, which do require a 100-foot stream buffer. And we've also made multiple voluntary environmental commitments, including increasing the tree coverage from 20% to 25%. So, as a result, a significant portion of what is already a fairly constrained site given its unique shape will be undeveloped. The current zoning on the site is RS-20, and the applicant is proposing PDR and OI with a textual development plan, which will allow for a small-scale mixed-use project with townhouses and small office consistent with the comprehensive plan.

Again, as Andy went over, the place type does identify 3 designations. For the site: transit opportunity area, mixed residential neighborhood, and the recreation and open space. This proposal does meet each of these designations because, again, we are proposing a mix of uses, including new housing types near existing single-family homes and commercial uses and transit services, all while protecting the most environmentally, uh, sensitive areas of the site. By clustering the buildings close together, ensuring 50% of the open space will contain environmentally sensitive areas.

Again, providing that additional 5% tree preservation and a 100-foot stream buffer that aligns with that identified recreation and open space that you can see in green that bisects the site. Other key commitments with this proposal include a commitment Uh, that existing floodplains and wetlands will not be disturbed except for access, commitment to native trees in both districts, variation in appearance for the residential units, active open space, income-restricted units, 5% at 80% AMI for 30 years, and those will contain 2 or more bedrooms, and a commitment to, uh, contribute $15,000 to Durham Public Schools. Additionally, the applicant added a text commitment during staff review to provide a pedestrian crosswalk with accommodations for safe crossing at Windermere Drive in response to feedback from neighbors, city staff, and the BPAC. If approved by DOT, this will provide residents with pedestrian access to the parks and trails just on the other side of Infinity Road.

The Planning Commission was split on this case, 6 to 5, but as you can see from the written feedback from the commissioners, the votes that were in favor of this project focused on the development's consistency with the place type map and the comprehensive plan, which is the main objective of the commission's review and recommendation. So, as you can see, Commissioner Piontek found that the development fits in with existing site plans and developments within the area to increase housing in, in the transit opportunity area. And Commissioner Ritchie found that the development accomplishes a great deal in increasing access to housing near natural areas. After Planning Commission, we did also receive additional feedback on the project, including from the Durham Open Space and Trails Commission, which led to the applicant adding an additional commitment to offer a permanent conservation easement for the floodplain and recreation and opportunity area to address the permanence of the open space that will be provided by this project.

We appreciate DOST and the Open Space Committee for taking an interest in our project after Planning Commission, after seeing all of our environmental commitments and helping us identify ways to further improve the project. And we are proud to be the first project to receive a positive report card from DOST. Overall, this request is consistent with 22 out of 25 applicable policies of the comprehensive plan. This request is consistent with 3 of the 4 TOA place type policies by, again, providing income-restricted units in a location near job services and existing transit.

and a mix of uses at a neighborhood-oriented scale. And finally, this rezoning is consistent with the review criteria in the UDO. Before concluding our presentation, the applicant would like to come up and say a few words about the request as well.

Thank you for this opportunity.

My name is Sunny Rathie.

I'm— and that's my dad, Billy.

Um, we invested in this property 7 years ago because of our longstanding connection to the city through our small local construction business.

Um, after more than a decade proudly serving Durham on numerous city projects, we look forward to completing the site work on this project ourselves using local talent. We are grateful for the opportunity again to continue working and investing in Durham and respectfully ask for your approval for our request tonight. Thank you.

And we would just like to thank the council again for your time, and the team will be available to answer questions. Thank you.

Thank you, Mr. Mayor. Pass it back.

Thank you so much. I'll start with our online speakers.

Hi.

Miss Katie Ross.

Mr. Mayor, she's not in the queue.

Brittany Westfall. Hi, Brittany, can you hear me?

She's off mute.

I see. Miss Westfall, can you hear me? And just to be sure, Jeff Sturkey, you're in person? Okay.

All right, I'll come back. All right. I have a few speakers here, so I'll call up a few at a time. Jeff Hachanadel. Okay.

Oh, I—

can you hear me now?

There you go.

Sorry about that.

That's okay. Can I still have my time?

Welcome, Miss Westfall. Yeah, go ahead, you have 3 minutes.

Okay, thank you. Yeah, um, apologies for coming in on this a little bit late. I think maybe there was another meeting that I had missed, but, um, I do just have some concerns. You know, I recently moved into a house off of Infinity, and, um, you know, one of the big draws to this area is the wooded area.

You know, it's very nice to be near, um, you know, the amenities in Durham, but to come on to Infinity Road to get away from the traffic on Roxboro and, um, all of the craziness over there, and to be in a nice wooded area, area by the Eno River. There's a lot of wildlife, there's regularly deer crossing the road. Um, so tearing out a lot of these trees over here and, you know, creating a lot more traffic Putting retail over here just feels very out of place. It's really going to change the feeling over here.

And I'm very concerned about it. There's already a lot of traffic on Roxborough, increasing traffic on Infinity. Putting something this dense in there is very concerning, both for the people and the wildlife and the much-needed tree coverage in this area. I also am concerned about the flooding that regularly happens on Infinity Road and, you know, what the plan is for that, if there's going to be more development in that area. So just have some real concerns about this development.

Thank you for your remarks.

Thank you. All right.

I will now start with in-person. Steve Cohn, welcome, followed by Andy Lowe and then Astrid Cook and Minetta Hood. Welcome. You have 3 minutes.

Steve Cohn, 1406 Pennsylvania Avenue, chair of the Open Space Committee of the Durham Open Space and Trails Commission. As the citizen group that advises Durham's governments on all matters connected to open space, we've sent you our open space report card on the preserve at Infinity with grades of 1A and 3Bs. This property has substantial open space impact because it includes a rocky and valuable Eno River tributary stream that runs along the eastern edge of the residential parcel and between that parcel and the smaller parcel proposed for Office Institutional. The city's Eno River Watershed Improvement Plan shows this stream as one of the only Eno tributaries rated excellent in stream quality and by far the longest such stream reach in all of Durham County.

Per the Eno Plan, this tributary, unlike the majority of the Eno's tributaries in Durham, needs no bank stabilization or stream restoration. What it needs is permanent protection. By offering to donate a conservation easement, this development is providing that permanent protection. The property's most ecologically sensitive areas are being protected by a commitment to leave these areas undisturbed, and the proffered shared use path along Infinity Road with a constructed crosswalk across Infinity Road will allow ready access to River Forest Park and the Eno River Trails for everyone living, walking, or biking along the north side of Infinity Road, a number likely to increase significantly as the area gets further developed, whereas there is no good access across Infinity Road now.

Williams.

While we wish the developer had been willing to proffer a publicly accessible natural surface trail along the west side of the tributary stream, on the whole, we believe this development project is doing the right thing by leaving undisturbed all the areas that are designated recreation and open space and by offering to put them under permanent protection just as the Durham Comprehensive Plan expects. Thank you.

Thank you. Welcome. You have 3 minutes.

Uh, good evening, Council. Uh, Mayor Pro Tem Mayor Williams, uh, thank you for, uh, your time tonight. Uh, I wanted to speak in favor of this project here tonight. Is, uh, 9 up to 90 multi-family homes, probably townhomes, who knows.

something different than the single-family homes that are in that existing area, which follows the spirit of the comprehensive plan of mix of housing types and also a mix of uses with the commercial space. So overall, I'm very happy to see, you know, this is a better project than just more single-family homes in this area, and certainly has a lot of positive environmental impacts, as the speaker before me noted. Um, but this growth, of course, is not without cost, and I do want to acknowledge tonight there is both benefits to growth, which I'm a big proponent of, but there's also costs, and I'm, Certainly willing to acknowledge that, and I know, and I would say a vote yes for this project can still acknowledge that, you know, Southeast Durham has lots of growth, South Durham has lots of growth. Now North Durham has growth.

I've lived next to a construction site before.

Um, and so all that to say that we can acknowledge these costs while also all benefiting from growth. Growth has lots of benefits. Um, and be able to weigh those trade-offs as we have these cases before us. So, uh, the project's great.

I really appreciate, you know, a local small business owner investing in the community and, trying to make a really good project. Proffering the crosswalk was a nice touch to get across the street. That was something I actually noticed on the map when I first looked at this project. Um, so yeah, uh, please vote yes on this project, and, uh, thank you for your time.

Thank you.

Next. Hello. Oh, let me— okay. Uh, my name is Astrid Cook.

I'm representing the Environmental Affairs Board. We sent this letter to you all. I'm going to read it for public record. Dear members of the Durham City Council, the Durham Environmental Affairs Board Land Use and Planning Subcommittee has reviewed the Preserve at Infinity rezoning application and offers the following comments solely regarding environmental impacts.

This site presents a constrained and environmentally sensitive context. It lies within the Eno River protected area and contains a stream corridor with associated buffer, steep slopes and drainage features running through the property. The site is also immediately adjacent to the Eno River critical area to the south, increasing the importance of protecting on-site water resources and maintaining the integrity of the connected downstream system. A defining characteristic of this site is that the stream corridor and associated environmental features are not peripheral, but central to the parcel.

The proposal relies on a textual development plan without a corresponding graphical development plan, which limits the ability to evaluate how development will be arranged relative to the stream buffer and slope constraints. Given the constrained nature of the parcel, this lack of spatial clarity is a significant concern. The proposal's density is influenced by the inclusion of environmentally constrained land within the density calculation. The stream buffer, steep slopes, and other constrained areas are counted toward allowable development intensity rather than serving solely as protected features that shape the design, design of the site.

This approach increases the importance of strong and clearly defined environmental protections. Planning staff has indicated that the development plan could allow for stream and floodplain intrusion. While the applicant has committed to avoiding direct disturbance of wetlands and floodplains except for access and utility crossings, this commitment does not address indirect impacts. Increased runoff, concentrated flow paths, and sediment transport can significantly affect downstream water quality and floodplain function, even where direct encroachment is avoided.

Although no regulated floodplain is mapped on the site, the on-site stream corridor drains directly into downstream floodplain systems. As a result, disturbance within the site has the potential to impact floodplain function indirectly through increased runoff and sediment delivery. We are concerned that this risk is not adequately addressed in the current proposal. Of particular concern are the steep slopes associated with the stream corridor.

While limited in extent, These slopes are located within the most hydrologically sensitive portions of the site. Disturbance of these areas can accelerate runoff and amplify erosion, increasing the likelihood that sediment will be transported directly into the stream system. Even where buffers are preserved, upslope disturbance can overwhelm their effectiveness. The subcommittee is also concerned that the proposal anticipates compliance with standard mass grading and phasing practices, which may not be sufficient given the site's constraints. On a site where steep slopes and a central stream corridor are present, large-scale grading increases the risk of erosion and sedimentation over the course of construction.

Thank you. Following Ms. Hood, we have Samantha Boyd, Mary Ann Caitlin, Jax Epsten, Williams and Pablo Freeman. Welcome, you have 3 minutes.

Good evening.

I'm against this project because of the problems that we're going to have with the traffic just trying to get out of River Forest on Infinity. Sometimes there's a lot of traffic now, but with this project it's going to be even worse just trying to get out to go to work or go anywhere leaving out around neighborhood. Thank you.

Thank you. Next, Ms. Boyd.

Thank you for this opportunity to address everyone. Um, I live in River Forest. We stay the closest to the light. The traffic— each house will have 2 to 4 cars.

I can see us not being able to get out of our neighborhood. We also experienced the flood before they did anything. Before, with the building that they had already done, people were up to here. I just learned that we had neighbors, children, and them were rescued in a boat.

Now, they talk a good game. Will they honor it? That's what I want to know. Because once they start, they can do whatever they want.

They don't—

but also, the growth should not depend on taking from the poor and give to the rich. My My taxes increased twice. I'm paying $200 more in my mortgage. The apartments are like $60,000.

I mean, the homes are like—

your average income is $60,000. I never even made that in my— I barely made $40,000. And now that I'm near the retirement age, also, they cannot guarantee the flood won't happen again. And the environment costs.

We have wildlife and everything. That's a lot to sit there. I know you think that, uh, and I'm not saying you think, but I know, would you bet your life that the flood won't happen again? Would you bet on your life?

Because I'm the one that has to live it. I've been in my house 30 years. I'm at risk of losing it. They'll still have something.

I'll be homeless because there's nowhere in Durham to live. And I don't want my front view to be my neighbor's back door. Where we share the same driveway and everything. Can you promise us safety?

Can you promise us that everything will work out? It looks good on paper, but once you live that situation, you can't go back. You cannot go back. Please help us.

This is almost like throwing us into the lion's den. Because it's like throwing us into the lion's den where we lose, where we're going to be devoured by everything. Thank you.

Mary Ann Caitlin.

Hi, my name is Mary Ann Cantlin Barker. I live at 702 Crestview Drive. That's in the Hickory Ridge neighborhood. That's just north of this development. I know you guys hear a lot of traffic concerns and complaints about increased traffic, but I want to talk particularly about the intersection of North Roxborough Latta and Infinity Road.

Traffic there is atrocious.

At one time, the DOT, who owns that intersection, was going to update that intersection. There was a public meeting held in 2018. There were maps drawn up. A map was chosen.

It was, it was in the plan to be updated. However, October of 2019, there was a budget shortfall and it started to get pushed back. And each, each date that I could find— January '21, January '23, October '24, January '25— kept getting pushed back, pushed back, push back. I emailed the project manager for that project, which to be in the record is Transportation Improvement Plan number U5516.

I emailed him and asked him what's the status of this, um, improvement to the intersection, which would increase, like, help out with traffic and introduce some roundabouts, have some right turn onlys just to improve flow of traffic. And he told me that there is no clear indication on if or when the project may come come back online because I figured maybe it would be pushed back to the 26 to 35 STIP plan, which is the State Transportation Improvement Program. It's not even on that. So there are no plans to improve that intersection at this time, which it dreadfully needs as is.

And if we continue to put in more dense housing in this area, it's going to get worse. I also want to highlight that there are existing developments going in around this area already. Goodwin Crossing, 149 homes Lada Park on Guest Road, 176 homes. Ina Village on Roxborough Street, 382 apartment and townhomes.

Alta Durham Summit, 312 multifamily homes on Duke Street. All of this is adding to the traffic on North Roxborough Road, and with this intersection not getting improved— we know that, that, that it's not going to be improved— it would be irresponsible to move forward with this plan. And I think you need to follow the plan— the Planning Commission's recommendation to not rezone. Thank you.

Thank you. Next, Jax Epstein.

Hello, my name is Jax Epstein. I'm a librarian and I live in Hickory Ridge adjacent to this proposed development. I'm opposed to this development as it is currently proposed, and respectfully, so far everyone who is pro this does not live in the area or the neighborhood. As this rezoning stands, this does not address the city's affordability needs and could lead to displacement, as 68% of renters in the census tract are cost burdened, which is more than the county average.

Only 5% affordable units at 80% AMI is not sufficient. The current built environment and infrastructure cannot handle these developments. As I appreciate— even though I appreciate the developer's environmental additions, we need to look at this area holistically. Not just rezoning by rezoning.

As you proclaimed at the beginning of this meeting, we need responsible growth. Right now, this is one of the 3 rezoning proposals in the area representing over 40 acres of mostly forest. With the other significant developments already in progress very close by, which Caitlin just mentioned, including Eno Village, which was just completely clear-cut, these account for over 1,000 new homes, townhomes, and apartments. I'm worried about the strain those, those plus these two adjacent rezonings will put on our infrastructure, including sewage, wastewater, roads, traffic, emergency dispatch, schools, and more.

The increase of impervious surfaces leading to runoff will put additional burden on our neighbors, many of whom were flooded during Chantal, which many of the planning commissioners were concerned about as well. I care deeply about Durham, the area, my neighborhood. And I want thoughtful, sustainable, and holistic approaches to development that prioritize affordability, green space, walk and bikeability. Right now, there are no contiguous sidewalks in this area, very few crosswalks, limited bike lanes, and hardly any dedicated bus shelters.

And while there will be a crosswalk, that's great. It does not lead to actual contiguous sidewalk infrastructure. I wish we could walk and bike safely to nearby schools, libraries, and bus stops. We can't.

The bus stops just are just the side of the road. Um, right now, as planned, these developments are not aiding in housing affordability or infrastructure beyond the perfunctory. Um, development for development's sake is not going to support the area. Please deny this proposal as is and invest in actual affordable housing and improving the infrastructure in this area before we continue to develop more. Thank you.

Thank you. Next, uh, Pablo Friedman, um, followed by Jeff Sturkey. Welcome. You have 3 minutes.

Good evening, Mayor Williams, Mayor Pro Tem Caballero, members of City Council, staff, and the millions of viewers in attendance tonight. Um, I want to specifically, in the theme of the budget guidelines, where staff, I think, prepared a really good recommendation. I really want to highlight this new model around the change report. I haven't seen this one until this one tonight.

May have been done before and I just hadn't noticed it, but I really like it because I think it lays out some really clear metrics as you go about making your decision. And if you're following along either online or on the dais, I want to go to page 4, specifically around, uh, Section F, Social and Built Infrastructure, some particularly pages 4 and 5. So the developer is proffering $15,000 to the public schools, and I want to be really clear, I'm speaking tonight in a personal capacity, somebody who pays premium taxes in Durham and lives and votes in Durham. I'm not speaking— I'm only speaking in that capacity tonight.

As you'll notice from pages 4 and 5, you're going to add net 25 students to the school system. If you divide the proffer by 25, it's about $600 per student. I think that's too low when we talk about public goods. I know many of you are products of public schools, sent your kids to public schools, believe in public schools, even issue statements around Lee Andrew.

This is something you can control, right? I think the council sets the expectation on proffers when it comes to public schools. I think $15,000 is too low, right? If we care about our public schools, especially with the funding situations we're in, I think they could be asking for this special permission.

They should be profiting a higher amount. Secondly, in this table that you have before you where it says percent of existing capacity, I think you should have another line under there that says how many students until you reach that capacity. As you all know, the school system recently did a major reassignment, and so you add, for example, at the middle school 5, you're right at 96, almost 97%. When does 5 here, 10 there, 20 there, you quickly get 100%.

You're gonna have to do another reassignment. And so as you approach those numbers in your back pocket, you could ask developers when they come to you, be like, hey, are you going to hold some land in trust to build a new school? Consumer reaching at capacity with this proposed development. I think that's something that you can do to support our public schools, not just for this request, but moving forward.

I mean, these are very smart people that they've hired. Parker Poe is not, you know, they know what they're doing. Same with Morningstar Law. We know who these folks that are coming up.

They're very smart people. The applicants pay top dollar. I think the public good needs to be defended from the dais. And these are some questions that all of you as our elected officials can be asking these folks to preserve, fund, and ensure our public schools continue to thrive because they're the last backbone for our democracy. Thank you very much.

Thank you, Jeff Serkey.

I'm a little rusty on my protocol. Mr. Mayor, Madam Pro Tempore, Commissioners, thank you for allowing me to speak.

People far more eloquent than I have already spoken on this tonight.

Really, we can't depend on the state to reduce the traffic. We've got the preserve at Infinity, Goodwin Crossing, Latta Park, Black Meadow Ridge, all within a mile and a half of that. The folks living in River Forest have one left turn option to get out of their neighborhood. They've got two right turn options in, but that only one.

And with the additional traffic, they're going to be locked in their place. Um, has the, uh, has the Durham fire chief seen these plans and given his or her blessing on availability of equipment and firefighters for any emergencies? There's only 5%, uh, affordable housing, and affordable housing, as I understand it, is, uh, 70 to 80% of the going rate in that area. And I have a hard time imagining it being affordable for a teacher, a Durham Public School teacher with, uh, 3 years experience, 2 kids and a spouse, a single wage earner family, being able to afford, uh, 70 to 80% of a $400,000 townhome.

That just makes no sense to me. Uh, the traffic— most of the day you sit through the light 2 rotations to get from Infinity to North Roxborough. In the evening, uh, rush hour, traffic will back up on Ladder Road past the Lucky Dog for about a quarter mile to get through that intersection. And again, it's usually the second or third time for them to get through.

Again, $15,000 for Durham Public Schools. That's— bless your hearts, you have great opportunities here, but it's time to kind of share. Let's look at tithing. I know— I don't know if that is a legal term anymore, but We don't have the infrastructure to try and put this in.

And once those bulldozers start, they start taking down trees and they replace one that is 2 inches around, which is a year or two old, and a 2-foot-tall tree. You can't put the toothpaste back in the tube. Please take the advice of the Planning Board, Planning Commission, and do not support this.

Thank you. I think those are all the speakers that I have signed up. Would you like to have a response?

Just briefly, um, we would like to address, um, the traffic and the flooding concerns that were raised, as those were two of the, um, biggest concerns that, that you all, um, we all just heard. Um, we certainly understand that traffic is a concern in this area. And that folks are frustrated that the NCDOT project that would have addressed the traffic at the intersection of Infinity and Roxborough fell off the STIP. We want to see that project move forward as well, but we cannot control the timing of that project, and the property owners cannot control the timing.

Um, but what we do know is that DOT's list of projects is long, and where the most people are impacted is where prioritization occurs. And so, again, this area is growing. The city's comprehensive plan identifies this area as a transit opportunity area. The new draft UDO plans to upzone this property to CX-5 and RX-3.

And so development is coming to this parcel, to these two parcels, and to this area, whether it is through this rezoning, which is offering income-restricted units, and numerous environmental commitments, or whether it's through the city's own efforts. And so all of that, uh, will increase likelihood that the DOT project will become a priority. Uh, more importantly, this project is again only 90 units with 5,000 square feet of office. So it does fall well below the threshold for a TIA.

But because we understand that these have been concerns, these are concerns that we heard about. 5% of the traffic at the intersection. And we do have again our traffic engineer that is available to answer questions as it relates to that. And so while we certainly recognize that it would be ideal for improvements at the intersection to occur before development occurs.

We know that that's not often reality. And so this project should be able to move forward because it is consistent with the Comp Plan, what the new UDO is calling for, and, uh, will, uh, still provide roadway improvements as the, the text commitments reflect. And then just quickly, as it relates to flooding and stormwater, Currently, there are no stormwater control measures on the site, and city and state rules do require the treatment of the difference in impervious by not allowing a higher volume of water to leave the site than it does today. And so what this means is that stormwater control measures will be required to be installed on the site on both the residential parcel and the office parcel to control the flow, treating for not just quantity, but also quality for multiple storm events, which will be better than the sheet flow that is just running off the site today.

So, on the residential parcel, this will most likely be a stormwater pond, and that will be adjacent to the stream buffer, and that will retain and release water over time. So again, instead of it free-flowing downstream into the River Forest neighborhood, that pond will retain that water and it will slowly release over time. So allowing the site to be developed means that stormwater will be treated. If the site is left undeveloped, that means that the conditions will remain the same, which, as you've heard, are not favorable. Uh, and again, our team is available to answer any other questions you may have. Thank you.

All right, thank you. Those are all of the speakers that I have for this item, so therefore I'll declare the public hearing closed and back before the council. Councilmember Kopac.

Thank you, Mr. Mayor. Thank you, the applicant. Thank you to residents who've come and spoken.

Um, you know, there are clearly concerns about flooding in this area and other areas of Durham with the changing climate and increasing development. Um, you know, I hear that there's development, there's flooding issues now on the site. And so I think it's an interesting point about, uh, with the right control measures, it may, it may lessen, uh, versus what's being faced today. Uh, I'm curious, in addition to what you've stated based on what you've heard, if there are any other commitments you're able to make around trying to address peak flow rate, uh, you know, given the, the concerns and what folks have experienced in the past in this area.

Yes, so, um, our team did, after, uh, Planning Commission, look to evaluate what we might be able to do, um, in terms of additional stormwater treatment on the site. Um, because of the unique shape of the parcel, we are not able to upsize the pond, um, that will be provided on, uh, the residential parcel that I previously discussed before. Um, but that said, Um, we have looked at other ways that we may be able to address this flooding concern, and we are prepared tonight, um, if it is the will of the council to add an additional commitment that where the discharge from the stormwater control measure will flow to the culvert that exists underneath Infinity Road, the post-development peak peak flow will not exceed the pre-development peak flow for the 100-year storm event at the inlet to that culvert. And we think that that is really important because that culvert is where the water from the site ultimately drains downstream. And so that is something that we are prepared to do in addition tonight.

Okay, uh, thank you. Um, obviously affordable housing is a critical issue that we face as a community. I appreciate that this site is within a quarter mile of transit, which is a good place for housing generally, um, you know, but we always want to see higher commitments. We often do see higher commitments around affordability. Uh, and so I'm wondering if the applicant will be willing to increase that 5%, uh, possibly upwards of 10%. Um, would you be willing to go higher than what's previously been proffered on that?

So our understanding is that projects that have been able to do more than 5% that have offered more than 5% have been able to do so because they happen at a much higher density, which allows the project to then absorb the cost of subsidizing those units. And so, because this is not a large developer, um, again, this is a property owner with a small business who has invested in the site and plans to undertake a significant portion of this themselves. We have been mindful of overcommitting. And not being able to deliver the project. Um, but, uh, we do understand that affordable housing is a priority, particularly for the transit opportunity areas. And so, uh, we are prepared if it is, um, the will of the council to increase that commitment from 5% to 8% tonight.

Okay, uh, thank you for that. Um, you know, you heard from the Environmental Affairs Board, um, some recommendations around the stream buffers. Are there any enhancements that you think are possible along the stream? I know what we heard from Durham Open Spaces and Trails, which I appreciated, was that, you know, that the protection was going to be the most crucial here. But I'm curious about what measures can or other, you know, measures you could take around the stream buffer protection.

So my understanding is from, from those comments, the The concern was really about erosion control, and our understanding is that the Durham UDO has been updated within the last few years to add additional erosion control requirements that will be required at site plan for this site. So in the past, it, it was typical to commit to additional silt fencing or things of that nature, and all of those enhanced erosion control, uh, requirements that you often used to see as commitments are now requirements of Durham's code. And so we will follow all of those, um, as, as the site is developed.

Steph, could you speak to that? Yeah, thank you. Um, so several years ago, there were additional requirements for sedimentation and erosion control that did increase the silt fencing, I think, to 2 for soils in the Triassic Basin. And there were other soil erosion controls done at that time.

What we have seen is applicants have committed to 3 rows of silt fencing to better address sort of the sedimentation issue at construction. Or the size of the temporary pond. But that's just— those are just some of the examples that applicants have done beyond what has been amended in the UDO. So, so there is the potential to do more on this site, but you are acknowledging there's enhanced standards from where it was before.

So it'd be worth considering that if there are additional measures, if you're able to consult on that. You know, I saw there was going to be a commitment to some native species. I'd be curious to know if you're able to just do 100% on the site, 100% of new plantings being native species.

Yes, for the PDR District.

For the PDR District. Okay. You know, and finally, I think, you know, the point around Durham Public Schools is a really important one. And, you know, we see the financials in terms of operational costs, and that doesn't even speak to the reality of needing to build more schools in the future.

And so, you know, I think this is an area where I would like to see us have higher expectations around, you know, per pupil contributions, and a year higher than what's existed in the past, which was $500. We're now seeing $2,000, $2,500 higher per pupil. And so, and I think there's good cause for that. I know that as an applicant, you have to weigh a bunch of considerations in trying to make a project come together. But I would be curious to know if that's an area you're able to increase as well, given, uh, that, you know, we hopefully will see additional students in our public schools from these developments.

As you noted, our hope was that our commitment by doing the $600 per student when the typical, um, is $500 per student was going above and beyond, um, in terms of, of what we were able to do. And, uh, adding additional commitments at this time, I think our priority would be, um, increasing the affordable units, um, from the 5% to the 8%, um, and, uh, prioritizing those other environmental commitments, which do add significant cost to the project. Um, so I do not think that increasing the school commitment is something that we are able to do at this time.

Okay, well, I would like to declare— I think that's an area we should increase expectations, uh, around, um, you know, for applicants to consider as part of an overall application. I'll say in my remaining time— I won't take my remaining time— that I do want to acknowledge the partnership with DOST, that committee's work on this, and the acceptance of the recommendation, the permanent conservation easement, something I don't believe we've seen before in environmentally sensitive areas and, and the open space area. So I appreciate that. Also the steps around the BPAC recommendations on multi-use paths in the crossings.

You know, we don't have contiguous sidewalks at this point, but this sort of project can help us be another step towards having that connectivity in the future. And so I see that as a positive. I really appreciate that it leads across the street, the crossing to Mountains and Sea Trail, which is state treasure, as well as the, the River Forest Park. And so that helps us with our, our goals around walkability and access to to great amenities like parks. And once again, the TOA site and the quarter mile from transit is a, is a positive as well. So I will leave it at that, and thank you for answering my questions.

Thank you.

Thank you, Councilmember Baker.

So we know that there, there is one very valuable use that is already on the site today, and that is forest, which serves many different uses. Very good for sustainability, wildlife and habitat, stormwater filtration, all sorts of things. So it's not a vacant site, it's not an empty site. It is a forested site.

It is serving very vital use at this time. The comprehensive plan and the place type map calls for more intense development on this site, transit-oriented development. Um, we— that, that was a robust community process to develop the place type map, the comprehensive plan. And so, um, we have, we have to come to this kind of question of if we are going to tear down something that is already valuable, whether it's forest or anything else, are we replacing it with something that makes Durham better?

Um, I think it comes down to that simple question. Is it, is it, uh, is it consistent with the comprehensive plan? Is it truly consistent with comprehensive planning? Does it make, does it make our city better?

Um, I, for me, uh, this case, uh, and I had a long list of questions, but for me, this case does not reach that point. Um, I am willing to vote for density on forested land. I'm willing to vote against a room full of people in opposition. Um, but I stick to my guns on cases like this.

I think that it's vital as we grow, we need to grow well and sustainably and equitably. I don't think that this one gets us there. Um, there I would, uh, again, consistent with the comprehensive plan, I would support multifamily and mixed-use development on this site, again, consistent with the future place type map. Um, but I am not comfortable with this specific rezoning request.

It is on the eastern edge of the transit opportunity areas as designated in the place type map. Um, that is the far edge from, uh, Roxborough, from where there is actually, uh, potential, where there's actually existing transit and potential for, um, more transit and transit accessibility. Uh, we need to make sure that it is a cohesive, cohesively planned area and make sure that we are maximizing connectivity and accessibility throughout that entire area. And it is full of irregularly shaped parcels, but we still need to be thinking cohesively about this entire transit opportunity area if we are truly serious about wanting to become a city that is more transit-oriented.

That is more equitable, that is more sustainable, that is more resilient to these major global disruptions in energy and fossil fuels, if we are truly serious about that, then we need to be truly serious case after case to make sure that we are being responsible to what we say that we are, that we care about. Again, I, I do believe this could in, in the future at some point become a more densely developed parcel. I think we have a lot of other areas in our city that could be developed with multifamily and density today that would be more accessible to transit. Um, and so again, I'll just reiterate that at this time, I don't think that this is something that I'm comfortable comfortable moving forward with, and I would encourage a denial. And if colleagues are not comfortable with a denial, at least a continuance on this case so that we can try and get it closer to something that, that is more consistent with the values of our comprehensive plan. Thank you.

Councilmember Burris.

I'll be brief.

I don't have very much to say on this issue. I thank you for the applicant as well as community members who have uplifted these concerns community. I do know someone who stays up a lateral, I think off of Stardust, so I am familiar with how traffic does back up and it feels like you're kind of trapped in your community.

But also at certain points of the day, it does take several light cycles to get through there.

Um, I don't feel necessarily great about knowing that the deal— we're basically at the whim. We don't have a state budget, so I can only imagine when DOT would be able to address these issues. And it's a quality of life concern for me, um, thinking about what's happening in other portions of our community where we have haven't thoroughly thought about the impacts of growth, and I just can't imagine our other neighbor putting someone else through that experience with the quality of life. Um, particularly for this project, I feel as though— thank you for proffering affordable housing, it does nothing to sway me with this.

Um, I think you have like— it is particularly around just like 80% of the AMI and thinking about where our touch points are in the city about who needs housing as well, which we talked about a lot tonight. So it's really important to me as well. And then just also cannot overlook the environmental concerns.

I do think that one community is already flooded during Shenandoah.

Yeah, so yes, and so it's like though we can't— I couldn't imagine someone buying a home in an area potentially flood and then you're not probably get insurance in the future. Think about some of the things that happened in Florida. So we have to make sure that we are being good stewards of public land but also making sure that we are not putting people in, in, in risk of, um, being stuck in something, upside down in something. So while I do appreciate you all for your presentation.

I have not been moved based on the environmental concerns and also the lack of affordable housing, what I deem to be. I know you're a small developer, but considering what's happened in our community right now, uh, like, was it like 7 units at this point that you'll be proffering for 80% of it, does not move me in this area. So thank you all for your time.

Council Member, um, Rist.

Thank you, Mr. Mayor. Thanks for the presentation. Thanks for the applicant here.

Thanks for the residents who come and spoken about this. This is a— this is a— as some of the folks from the EAB have said, tricky case. It's a constrained site. And so I have a couple of questions about that, actually.

I do wonder, first of all, this is maybe a simple question, but I know there's a question from my colleague, Councilman Kopac, about native trees. You said native trees would be on the— on the PDR site, right? But not the OID.

So we committed to 100% native trees in the PDR district and then 75% native trees in the OID district. And that's simply to account for the difference in the commercial versus the residential landscaping.

But what's the difference? You mean in terms of what's typically done in commercial landscaping, or—

I have Jeremy, our landscape architect, explain.

Hey, good evening. Jeremy Anderson, Thomas Nutton.

The reason we left that at 75 for the commercial parcel— there's typically landscape buffers, larger landscape buffers, more variety of material required in those buffers and parking lot landscaping. So just a lot of little flexibility for material. It's a small site. If we want to go 100% on everything, we'd be comfortable doing that, but it just allowed flexibility for some variety of plant material for the street trees on the PDR is pretty straightforward, and that's a great place to use the native trees, but the commercial gave us a little flexibility.

Appreciate that. Yeah, if the applicant would consider that 100% in that— in the OID parcel, we'd be fine going to 100%.

Thank you. It's a small amount of trees.

Appreciate that. Thank you. My next question is about the— again, about this site. So it is— it's fairly constrained, right?

And I know there's some concerns about the relationship between the development of site stream buffers and steep slopes. So, and I know with, with the textual development plan that you can't— it's, it's— you can't really describe what that looks like. Would the applicant consider proffering a graphical development plan as well so that it can be clear, like, what the relationship is between the developed— the developable parts of the site and those steep slopes and streams?

At this point, I would defer to staff. I do not believe that we're able to switch from a text-only development plan to a graphic development plan. Um, but what I will say is, what if you could add that?

Is that— maybe staff can clarify if that could be added as well. I don't know, would love to. Thank you. So if the applicant was looking to change a textual development plan to a graphic development plan, it would need to go back through the review process and go back through the Planning Commission for a new recommendation vote, and then back to City Council. So they can't— you couldn't simply add a Gravigle plan to the existing text?

Um, no.

Yeah, that's— yeah, the, the Graphic Development Plan is its own zoning district. You'd have to— if you're changing it mid, um, mid-process, it's got to go back through the review process and then basically start, start anew.

Good evening, Sarah Young. I'll just add that that is prescribed in the ordinance, and that is why there is not flexibility, because the ordinance explicitly calls that out.

Okay, thank you.

Yeah, if I may, I will say that we did submit this rezoning with the Textual Development Plan. I believe it was May of 2025, and we did that because the city's process had recently changed to allow the textual development plans for the PBR district. And our understanding is that this was in part to help streamline the city's process and make the upfront costs of development, um, uh, to limit that so housing can be more affordable. Um, here in the city, and so that is why the property owners did take advantage of, of that option.

Um, so, uh, I, I would like to also point to the graphic that we do have here on the stream in terms of the permanent conservation easement and where the place type map shows that recreation and open space designation, because that is directly in line with the floodplain. And so you can see where the stream, um, uh, is in the center of the site. That is where our 100-foot stream buffer will be located. Our steep slopes are, uh, almost entirely inside that stream buffer.

Um, we've also again added that textual commitment that, uh, 50% of our open space will contain those environmentally sensitive features. And again, as you can see here, that floodplain will also directly correlate with that stream buffer. So while we don't have that graphic that may identify and show all of those things through the city's maps, we are able to see where a lot of those features are located.

I appreciate that. Thanks. And actually, while you're on that, let me keep that up there if you would. I do have a question about the stream there.

So in the text amendment, you're— let's see, for the PDR and OID, So existing floodplain and wetlands shall not be disturbed except for access, including vehicular, pedestrian, and utility access. Can you say more about that? What's— what is planned, or what may be planned for that?

I have Jeremy. Yeah, to that one as well.

Appreciate it. Yeah, thanks.

I appreciate the question.

So the reason the vehicular access provision was put in there, you can see Infinity Road there at the bottom of the site.

It's almost encovered.

It's kind of included in the floodplain, which is why the road does flood at occasions. That's where a driveway has to be.

So in order to—

this was a driveway—

our road, public road access to the site has to be right there where the floodplain is. So we will impact the floodplain getting into the site, not raising it, but our driveway will technically touch the floodplain for the road coming into the site. That's why we had to put the provision that we won't touch the floodplain except for vehicular access.

And that's why it's not so, because I think, you know, I think the Environmental Affairs Board and others would love to see, like, you know, only crossings if absolutely necessary. But you're saying it's absolutely for this site.

You can see that the floodplain basically covers the entire southern boundary of the site where it touches Infinity Road.

So we have to cross it to get into the site. And is that the only planned crossing? Are there others?

Yeah, it is.

Okay, appreciate that. Yeah, you know, this is, um, it's a This is a relatively, again, small site, 90 units. I appreciate the additional properties of affordable housing as well as the— put my notes up here— the additional proper— about the stormwater treatment. Really appreciate that.

I appreciate the, you know, thinking carefully about the BPAC comments. I'm the representative of BPAC. I appreciate the work with DOS to sort of do the easement. So I think, I think there's no perfect case.

I think you've done a lot to really work with the community, with the council here to sort of, sort of thread the needle on this one. So I think you've done a— I think you passed the threshold and I will be supporting this. So thank you. And also, you know, again, the things we're saying, we are— we know that we're growing in this community, in this region.

The data shows that by 2055 we're going to grow by 50%. So we need more housing, including affordable housing. And so I appreciate every bit of housing that we get, and especially the 8% commitment. So thank you.

Thank you.

Councilmember Cook.

Thank you, and thank you to the applicant and everyone who's come to speak tonight. Um, are these residential units going to be for sale or for rent?

The plan is for them to be for sale.

Okay. Um, And that's— I know that there was a potential diversity, and that will be for all of the units no matter the build type, or if there's a diversity, will that change for the income-restricted unit commitment? Just for all. I thought that there was some conversation of potential for different types of housing.

My—

oh, so we, we do have the option for multiple housing types, and that's simply because the UDO defines a townhouse as being located on individual lots, which requires subdivision. And so we just wanted to preserve flexibility in terms of whether or not the units will be subdivided on individual lots or not.

Okay, not making a difference in the for sale versus for rent.

Yeah, and given the shape of the parcel, townhouses is what makes the most sense.

Okay, um, can you talk more about the stubouts. I think it was on the western and the northern part of the parcel.

Yes, and I will pull up, um, I guess this is the most accurate. Um, and if you can see, I believe the mouse will maybe follow along with me, maybe not. Um, so stubouts will be required at site plan to the north up here and, uh, to the west. And as neighbors had mentioned, there are other development projects that have submitted applications.

Um, so there is an application for rezoning right here. Um, and the DOT project that was pulled off the SIP, um, but has been designed, um, does show how there could be connectivity, um, through the site to make another connection up here to North Roxborough Street. So we would be providing a public street through our project with that stub out to the north and to the west to provide cross connection.

Okay, and the, and the crosswalk goes across and can you just leave that map up? The crosswalk goes across Infinity Road down here at the bottom across also the floodplain.

Yes, at Windermere Drive, it is also where there is floodplain, but we are again required to provide provide that 10-foot multi-use path along Infinity Road. So, um, there will be that slight impact there, but I think it is important to note, while there are gaps in the sidewalks along Infinity Road, there is sidewalk along Windermere Drive here. So, but by providing that crosswalk here at Windermere Drive, folks will be able to fully access River Forest Park using a sidewalk.

Okay. Um, and then, so the development that's planned for— or there's, there is a potential development for the western part. Does that go all the way down to Infinity Road?

The— you mean the, the parcel to the, the one, this one?

Yes.

So that is, that is not, um, this applicant. That is a different applicant. Our understanding is that Um, it is, uh, 3 narrow parcels right here, um, uh, adjacent to, to the site.

Okay. Have y'all had any conversation with them about shared use paths or anything being contiguous across that property? I know obviously you don't own it.

No, not directly.

Haven't reached out to them. Okay. But had, had some conversation about that stub out going on the west side as well.

Well, and we've had conversations with City Transportation that it will be required. Okay.

Um, thank you. Those are all my questions.

Thank you. Mayor Bartschel.

Thank you. I appreciate everyone's questions and comments tonight. I will say that, um, it is a tricky case. We have both our DOSD.

Interestingly, we have, in my mind, 3 resident-led groups that kind of provide us in different ways, uh, different lenses around environmental issues— BPAC, DOST, and EAB— and even amongst them, they're not aligned. So I just, I find it— these are the cases that I find tricky. I will say that it is also a smaller case, and I do actually appreciate that it's a Durham resident. I think we are slowly boxing ourselves into what we've, you know, allowing or not allowing.

We don't want the big builders because they are not from our communities. Um, they, they don't live here. They don't have the same skin in the game necessarily. But then those projects are smaller, and so they can't necessarily offer the same things that a Pulte or a Lennar or whatever.

So we are in this hard space of, you know, basically we want a cookie but not that cookie. Um, so, uh, while I definitely hear the concerns of community, This is Comp Plan aligned. To Councilmember Baker's point, the comprehensive plan had thousands of residents' input. Staff spent years, we spent lots of money hiring consultants, doing outreach in a way that many communities actually don't do.

And this is a transit opportunity area. I sit on the TPO. I know very much about this Ladder Road project, how it's been taken on. Put back on.

Where's the funding? Where's that? It's not one of the— it's not the only project, um, that we are seeing lots of moving around on. It is a statewide issue.

In fact, the entire funding formula around transit and roads in North Carolina is being discussed currently. Uh, I actually encourage residents to not just come to our public hearings but to actually advocate at the General Assembly, where much of the decisions impact you very directly. You want that project Happy to connect you with a Division 5 engineer and have you advocate for that project. Please email me.

I'll make sure it happens. If they hear from residents, if you show up to our TPO meetings, if you provide public comment there, it might actually happen because most people don't show up in those spaces. And that will improve your quality of life radically in that intersection. I don't know what's happening on the other side of that project.

But what will happen if, if it is able to move forward is those small traffic improvements that this project is doing, they will also be required of those folks. Um, there will be continuous, contiguous sidewalk frontage that would connect that parcel to this parcel. Is it ideal? Absolutely not.

Is it better than what's there currently? Yes. This is a, at the end of the day, an infill project. It's in city limits.

It's not an annexation. That means that this developer can sell or build whatever is by right. They do not have to come back before us. All of the things that are being proffered currently would not necessarily have to be proffered.

The protection of that stream would not have to be proffered. The donation of affordable units would not have to be proffered. So again, is it ideal? No, but I don't live in an ideal world.

I live in a world where I have to make hard decisions. Decisions, tough decisions. And at this point, I'm leaning yes on this project. Again, sometimes we ask for continuances.

Again, I appreciate Councilmember Baker's point on that, but for 90 units, we're getting against the wall about what, what a developer can actually offer. And for the public school comment, I— believe me, I really want our public schools to be funded. Our public schools are so defunded that parents are actively choosing to send their kids to different types of schools, and our enrollment is actually decreasing at Durham Public Schools. In fact, there was a large article a few weeks ago about how they're going to have to shut down some of our public schools or merge them because they're seeing enrollment decreasing, uh, so rapidly in Durham Public Schools, which is, uh, heart-wrenching, quite frankly, as a product of public schools, uh, myself, of North Carolina public schools, uh, 4th grade through college.

Didn't go to a private college, didn't go to a private grad school, um, and currently have 3 public school students and another student at a public university in North Carolina. Again, didn't do the private track. Um, so I, I hear the, uh, the concerns from residents. I, um, I understand again all of the tension points.

And when we have a developer who is again bigger and can offer more, I do think we need to push more, and we've seen more and better cases. I will also say that this is probably one of the smallest cases as far as units provided offer as much as they are offering. So I do want to thank that Durham resident for, for doing as much as they have. Thank you.

Thank you. I'll be voting yes on this. Uh, and I, for me, I've driven over here several times and everything regarding traffic, floods that the neighbors said is real. But I also know that the more that we ask for proffers in here, which I'm okay with that.

I actually want— I would like us to start just partnering with the Durham Public Schools Foundation and making donations there because they have a lot more agility, and at least we'll know exactly where the money is going. And I do like— I would like more sizable donations to the schools, but I also realize— careful— I also realize that the more we have donated up front, the more on the back end we can't control. Control when it comes to how much something costs. And that's just reality.

I'm not going to pretend we're in some mystical world that we get everything we're asking for here and we think we can control what's happening on the back end. But I'm willing to get that because at least I know what we get up front, we got. I also know that we need housing at every level and at every income. We need every housing type.

And we also need housing at every income level and every type. I'm looking at, you know, what we're dealing with, with the budget, and I am looking at the fact that we need housing. And people say we need more housing, but we don't want you to approve this housing case, or I'm not going to support this housing case. We have a budget shortfall, or we have these new improvements that we need.

And the only way we can pay for it is through property tax or sales tax or taxes that we generate. But we don't want to take these taxes. You know, the site, you know, as it is, is suffering from flooding. To my understanding, there can be some mitigation to help if it's the site as engineered can help with mitigating that.

So, you know, in regards to the comprehensive plan, we went through all of that work. We went through all of that work to get the comprehensive plan consistent, to come up with a comprehensive plan. And when we have something that's consistent and it's still not good enough, I— it just, you know, and everyone votes their conscience. And I appreciate community members coming in and speaking their conscience because it does help us, you know, just hear the whole picture, see the whole picture.

So those are just— I just wanted to clearly state some of the angles in which I'm looking at, you know, it's mostly consistent with the comprehensive plan. It's going to be more housing. It is a small development, and Mayor Pro Tem just stated what I was going to say. We don't want the big guys coming in here, the big developers.

So what we have left are the smaller ones, and we can't expect from a smaller developer to be I can't expect you to be Lennar Homes, you know, but I can expect you to be a better partner than Lennar Homes. And so we do need more housing where folks can buy, can purchase. I appreciate that. And so whenever we're leaning that way and we have an option for it, I am mostly going to support it. So I am going to support this project tonight for just the basic logical reasons.

Thank you, Mayor Williams. If I may, just briefly, um, we would like to confirm with staff if we can the, the proffers that we made tonight.

Sure, uh, there are a total of 3. Uh, the first one is the stormwater control measure, in which it will state where discharge from the stormwater control measure will flow to the culvert under Infinity Road. The post-development peak flow rate will not exceed the pre-development peak flow rate for the 100-year storm event at the inlet to the culvert. The second proffer was an update from 5% income-restricted to 8% income-restricted units. The third item was an increase from 75% native trees in the OID district to 100% native trees.

Thank you. And I did talk to my client, and if it is the will of the council, they are prepared to increase the donation to Durham Public Schools from the $600 per student to $1,000 per student.

Thank you. That's amazing. Thank you so much. And I think I've said this in the past.

I'm going to say it again. The funds that go to Durham Public Schools, it's like we just had a commitment tonight. I'd love to be able to track that money. I have no idea where it is.

I don't know how the schools use it or what's in it in total. And I know it tracks differently than when it's committed, but I'd like to know, have a better idea of what— and I think that's information we'll probably have to get from Durham Public Schools or Williams. I just don't want to— we're always asking for a profit Durham Public Schools at this point in time, and we never check back up on that again. And I— we have a public school foundation as well, and I just want to be able to have more tangible, more of a tangible relationship with the funding that we are providing through these transactions with our, with our schools. That's nothing we need to necessarily respond to tonight if you, if you don't need to, but if you have an answer I'd love—

thank you, Miss Mayor. I'll second that. I think it's a really great idea. Some kind of accounting would be really helpful.

So we do keep track of those proffers and when they are received. Um, DPS does let us know when they receive the proffer, so we, you know, uh, check those off because that is a condition of the zoning. We can follow up with them to see if they can give us information about how those funds are used. I do not know, you know, how that operates behind the scenes, whether that's just money that goes into a pot and they can't then give us details about, you know, what went to what. But I do know that we do verify that the funds are received prior to the appropriate time.

Can we start getting an annual report of how much we've— how much they've gotten, you know, within the year? I think, I think that's just— it's very helpful to to say that a city is actually supporting our schools.

Sure.

So it'll feel good to say X amount of thousands of dollars went to Durham Public Schools from the city of Durham because most cities don't support their schools financially. Council Member Cook.

Thank you. I'm actually really struggling with this case too. I want to echo what Mayor Pro Tem said about our community-led groups. I also want to say a big thank you to all of those.

Those folks are all volunteers. We have a lot of committees and commissions and so many people who both want to serve and do serve and give their time. Um, I just want to send appreciation out. We had feedback actually from 4 volunteer groups, right, because we had the Planning Commission as well.

Um, And it is— it's a really difficult one. I watched part of the Planning Commission meeting. I read the comments, and even the ones who said yes were not really enthusiastic. I'm really, really grateful for this increase in the donation to DPS. I feel like that is going to set us up in a direction to have a better standard moving forward. Is no joke that education is—

we—

someone, I think maybe it was Mr. Freeman, mentioned the Leandro case today. I mean, we're watching the defunding of public education in real time. So, um, no question that the support is needed there, um, and that affordability for house purchasing is also necessary, even in small projects.

So I do appreciate y'all sort of, um, setting a better bar. I think we still have places to go in those aspects. For me, it's going to come down to the question of the flooding, and I just am so struck by— we lost a whole bunch of— and not we, but in Chapel Hill, they lost a whole bunch of commercial businesses after that flood, and everyone was like, why are those buildings there? People were like, oh, well, because they didn't have restrictions on building in a floodplain at the time that those buildings were built.

Buildings were built and now we see the results of that. And we know that the environment, the environmental disasters are getting worse every year. That's no question. We are wrecking our environment.

We are. And it— and I say we, and I do take responsibility for part of that because it's partially us up here making land use decisions, but it's also our decision to corporate millionaires' decision to continue to keep us requiring to use fossil fuel and also like bad agricultural practices, whatever, we don't have to get into it. But we know that it's getting worse. We know that global— with global warming comes these more increased flooding. And I don't want us to be looking back in 30 years and saying like, oh gosh, who chose to build in that floodplain? Like, why?

Who?

Or even to say like, who could have expected it? Because we can expect it and we do. So that to me is the biggest issue right now is just are we setting ourselves up for failure because of a need that we're sort of creating in this moment? And I'm undecided, but that is, that is probably my biggest issue right now. So thank you again to the applicant and thank you again to all of the community members and our numerous volunteers.

Just one more point about the funding. There was a court case that just came down, a decision on the Leandro case. I was in 7th grade when that case was filed in Halifax County, and I grew up in a world where funding of schools was just nonexistent. So I think tonight you're setting precedent of increasing this, and I just want to, as a Leandro kid, thank you all for that.

'Cause we have to, obviously you see where our state funding is and where our federal government is, and we are trying to pick up the slack here at the local level. And it's a lot of burden. I mean, taxes are, we're charging a lot for taxes between the city and the county. And so thank you for that.

That just based on the Tommy alone, it's a bigger deal than you can imagine. All right, all right, colleagues, thank you all so much. So, uh, with all discussion had, I'll entertain a motion to authorize the city manager to enter into a utility extension agreement with Sunhouse Realty LLC. So moved.

Second.

It's been moved and properly seconded. Senator Shanetta Burris, please open the vote. Please close the vote.

And the motion passes 4 to 3 with Council Members Baker, Burris, and Cook voting no.

Thank you. 185, Office and Institutional, with the development plan Eno Watershed Overlay District B.

So moved.

Second.

It's been moved and properly seconded. Madam Clerk, please open the vote. Please close to vote.

And the motion passes 4 to 3 with Councilmembers Baker, Burris, and Cook voting no.

And I'll entertain a motion to adopt this consistency statement, consistency statement, as required by North Carolina General Statute Section 160D-605.

So moved. Second.

So moved and properly seconded. Madam Clerk, please open the vote. Please close to vote.

And the motion passes unanimously.

Thank you, colleagues. I would like to— well, I have to be out on Thursday. Can you facilitate that?

Yeah, can I please get a motion to excuse the mayor from our work session on Thursday, April 9th? So moved.

Second.

I have a motion, a second. Madam Clerk, can you please open the vote? I'm trying to vote and it's not letting— there it goes. Thank you.

Can you please close the vote? And the motion passes unanimously. Thank you.

Thank you so much, folks. Thank you all. Have a good night. Be safe.