City Council · Regular Meeting · August 4, 2025

Welcome everyone to city hall and um welcome to  city hall. Uh if you are in line, you will be allowed to sign up. So don't worry about rushing  there uh to sign up to speak tonight. I'm going to call this meeting to order 7 o'clock and I  will uh a moment of silence.

Please embrace it. Thank you. So moment I pass over to Council  Member Freeman for the pledge of allegiance. Thank you. It's our practice  to stand and salute the flag and say the pledge together if you'd  like to join us or if you're able. [Pledge of Allegiance]

Thank you. Madam clerk, will you please call the roll? Mayor Williams, I'm here. Mayor Prom Middleton, I'm here.

Council member Baker. Here. Council  member Caballero. Here.

Council member Cook. Here. Council member Freeman. Present.

Council member Rist. Here. Thank you. Thank you.

All right. All right, I am going to uh read our  proclamation here. I'll read the first

one. We have one other tonight uh that  will be recognizing some amazing folks. Proclamation. Whereas black-owned businesses  are a vital part of Durham's economic growth, fostering job creation, innovation,  and wealth building opportunities.

[interrupted audio from Zoom caller] I'll talk about the new technology in  just a moment. We're going to figure it out. I'll start over. We don't  want that a part of the nation.

Whereas black, Welcome back. One more time. Proclamation. Whereas black-owned businesses  are a vital part of Durham's economic growth,

fostering job creation, innovation, and wealth  building opportunities within our community. And whereas Durham has a rich history of black  entrepreneurship exemplified by Black Wall Street, which laid the foundation for strong self-  sustaining businesses and continues to inspire future generations. And whereas, Give it to  the People black business biz month dedicated to promoting economic empowerment by encouraging  education awareness and international spending with black-owned business throughout August. And  whereas, this monthlong initiative will provide valuable business education, networking, and  financial literacy resources ensuring that black entrepreneurs have the tools needed to sustain and  grow their enterprises. And whereas celebrating black-owned businesses enhances Durham's  cultural vibrancy and strengthens our local economy fostering economic fostering equitable  opportunities for all residents. Now therefore,

I, Leonardo Williams, mayor of the city of Durham,  North Carolina, do hereby proclaim August 2025 as give it to the people black business month in  the city of Durham and encourage all residents to support, engage, and celebrate black  entrepreneurship throughout the month. Witness my hand in the corporate  seal at the city of Durham, North Carolina this fourth day of August, 2025. Thank you so much. My name is Chisa Pennix  Brown.

This is my husband, Montro Brown. And this is Tammy Brown. She's a part of our  business with Give It to the People. So, on behalf of Give It to the People and  our entire community of entrepreneurs and ecosystem builders.

We want to thank the  city of Durham for this incredible honor and for recognizing that Black Business Month  is more than a celebration. It's a movement. This proclamation is a reminder that  when we invest in black businesses, we invest in the culture, creativity, and capacity  of our entire city. Through our statewide give it,

get it business membership. We're building  a pipeline of professionals, resources, and opportunities, connecting entrepreneurs  to the aligned people, targeting training, and strategic events that they need to grow  smarter and faster. This August, we're not just asking you to shop black. We're asking  you to build.

We want you to network with us, partner with us, circulate your dollars and your  influence where they matter most. Thank you for standing with us as we continue to build wealth,  legacy, community, and give it to the people. Thank you all. My thanks to his honor the mayor and to my  honorable colleagues uh for allowing me to read this proclamation for National Emergency  Management Awareness month. Good evening to everyone to all of you our neighbors in  chamber with us and all of you watching on whatever platform you may be uh watching  this evening. I'd like to invite Elizabeth

Schroder who is our chief emergency manager  for Durham County to come stand with me. Proclamation. Whereas emergencies and disasters  can occur unexpectedly, posing significant threats to life, property, and the environment. And  whereas the efforts of our nation's emergency managers have helped millions of community  members across the United States recover, rebuild, and become more resilient in the face  of adversity. And whereas emergency managers across the United States and US territories are  charged with establishing and maintaining the

capabilities necessary to effectively direct,  coordinate, and support emergency and disaster response and recovery efforts. And whereas  the mission areas of prevention, protection, mitigation, response, and recovery align with  the core capabilities identified in the national preparedness goal. The emergency management the  emergency managers serve the nation by responding to countless emergencies and disasters each  year, demonstrating commitment, compassion, and professionalism in protecting the public. And whereas the efforts of our nation's emergency managers have helped millions of community  members across the United States recover, rebuild, and become more resilient in the face of  ad adversity. Now therefore, I, Leonardo Williams, mayor of the city of Durham, North Carolina, to  hereby proclaim August 2025 as National Emergency Management Awareness Month in the city of Durham  and urge all citizens to express appreciation for

the vital work performed by emergency management  professionals across our country. Witness my hand in a corporate seal of the city of Durham,  North Carolina. This the fourth day of August, 2025. Leonardo Williams, mayor.

This  is for you. Please have some words. Good evening. My name is Mark Lockhart.

I'm the  director of Durham County Office of Emergency Services and have the honor of serving with  these fine folks you see standing behind me. Uh we greatly appreciate your recognition of National  Emergency Management Awareness Month. And whether it's preparing for, planning, responding to,  mitigating, or recovering from a major disaster, these are the folks who are doing this job day in  and day out for the city and the county. In my 40 plus years in emergency services, I can tell you  these are some of the finest professionals that

I have ever had the honor of serving with and  for, and they do this job incredibly well. from handling hazardous materials calls with our public  safety partners at the fire department, the police department to managing a response to post-tropical  Shantel a few weeks ago or as recently as a week ago Sunday, handling an active assailant drill  at not just one college campus, but two college campuses simultaneously. These folks plan and  prepare for every conceivable emergency there is, and it's an honor to serve with them. We thank  you again for this recognition.

Thank you. Testing. Thank you all so much. All right, I'll now start to  my left with Announcements

by Council. Council member Cook, good to see you. Thank you. Um, good evening everyone.

I just I'm  gonna go over a few things very briefly since I had to have an excused absence for the work  session today. Uh so I just want to welcome back my colleagues from our uh summer recess. Uh  for um I did take a little bit of a break for my honeymoon, but other than that was doing quite  a bit of work in the community during that time as well. Um so just wanted to say a couple of  things that I have done since the last meeting.

One was that I had the opportunity to read the  proclamation at the solid waste appreciation day. So, I got to hang out and have a really  delicious lunch with our solid waste workers who took time out of their uh very long shifts  to to have a day where they got a little bit of um extra celebration and just want to reemphasize  how great our city workers are and particularly the folks that are doing solid waste. It was so  so hot that day and um just remembering that folks

are out there collecting our waste for us in all  weather um and doing a really great job of it. So respectful, so kind. So had a great time at  that event. Um also wanted to talk just give a shout out to all of the neighborhoods that put  on Juneteenth events.

Had a really great time in Hay Thai uh doing wellness work um at the  West End at Braggtown. That was um all three of those were were really really fun and I didn't  even get to go to everything that I wanted to. Um also got to go to a very quick part of refugee  day that was really meaningful in Central Park. Um and then finally on the 4th of July um got to  celebrate the Durham Bowl's great win with some of my colleagues. um the Watts Hillandale Parade  and uh the Eno River Festival and just wanted to say one quick word on that which is that um I  think that we have been seeing these storms these once in a-lifetime or once every hundred year  storms happening consistently year after year

uh season after season and um and it's it's really  hard to watch and to witness and I think that it is also something that should be giving us a  great deal of warning that we don't have the ability to control the climate. Right? These  are federal and often international policies that are impacting global temperature rise. Uh  but what we do have is the power to ensure that our communities are well equipped and we just  had a conversation about disaster preparedness.

um that our communities are well equipped to  deal with the fallouts and also that we are doing everything we can to mitigate and ensure  that we are sustainable in this community. And so um a big reminder there and I want to say  a special thanks to the parks and rec team who've been doing a lot of work and cleanup  after the flooding. Um and also send my well wishes out to folks who were impacted by those two  floods. Those are all my announcements. Thank you.

Yes. Uh good evening everyone. It's wonderful to  see everyone in the room. Um our last meeting was in June, so uh we've been in in uh recess since  then.

Um appreciate uh the turnout. Appreciate all of the work that our city workers have been  doing uh throughout the the month of July and um since since our last meeting, holding things down,  um picking up the trash, doing the day-to-day work that keeps our city running. It is our workers  that keep our city running. Um we all know that we face many challenges um in this country right  now.

We are not uh we we are subjected to many of those challenges here at the local level. We see  them directly. Um Duke University, their hiring freeze and layoffs uh cuts in science, cuts in  education. We're seeing that.

We're feeling that here in Durham and across the region. Um, but one  thing we need to keep doing is working through our local government, helping our communities  survive and thrive. Um, being creative,

but also sometimes just holding the line on what  we can actually control here at the local level. making parks and trails and recreation programs  accessible to everyone, fostering a diverse economy, especially in in this time uh with  uh with uh many uncertainties in the economy, tackling root causes of violence. Um we can't  afford to look at the state of of things and throw up our hands in despair. We need to keep working.

We need to do the very best that we can. Uh we're in a municipal election year, so there's a lot a  lot of lot eyes on the uh local uh government. Um that also means we're in the midst of campaign  season. And I know uh that that my colleagues, including the ones that are that are up for  reelection, um I know that there we're going to we have this platform, but I know that we're going  to be able to continue working together, whatever happens out there, that we're going to continue  working together productively here up on this DAS. Um, so over the next year I'm excited about  working with all of my colleagues up here. We

have a lot of opportunities whether it's keeping  buses fair free or continuing continuing to invest in our city workers uh or adopting those new  street design standards that we've been talking about to make our cities uh safer. We've got the  unified development ordinance rewrite happening. um we can fight to end car-centric sprawl and  reorient our uh development rules and regulations uh to start uh working better for the environment  and for for people. So I know that we have a lot of battles ahead of us.

Um but I also know  that there's a lot of common ground uh that we can collaborate on. And finally, I missed a  little bit of what happened at the beginning, but I just want to reiterate the point that  my colleague uh council member Caballero and I have a lot of policy disagreements, but she  has every right uh to be up on this dis. Uh she won the votes to be here, and I'm I'm  glad to be sitting next to her. Thank you.

Thank you. Good evening, everyone. Uh  good to see you all. Um I just want to say thank you to my colleagues who uh  lifted up city staff.

I also want to lift up Durham Parks and Rec yesterday for their  incredible uh Durham Fiesta Latina. Uh we got incredible weather for August. It was  very fun and full of dancing and joy. So, just want to shout out staff for  dedicating their um yeah, for um [someone yelling microphone] sorry, your shouting disrupted my train  of thought, but just want to shout out DPR um staff for doing that.

Look forward  to the meeting tonight. Uh hope everyone got some rest. It'll be a busy fall and um thanks. Thank you and good evening. I um want to  appreciate um Council Member Caballero and um Council Member Baker as well as Council Member  Cook's comments and also just add that it's

um because we missed the meetings in July, I want  to make sure I do say happy disability awareness month and then also happy Black August. Um,  I'm excited about what's to come this year and focusing on the needs of our community and  uh I think we talked about a lot of uh updates this morning so I don't want to repeat myself but  uh ready to get to work that's all. Thank you. Thank you Mr.

Mayor. Good evening everyone. Good  evening colleagues. Mayor, Mayor PM, city manager.

Uh it's great to be here. Um, we did share a lot  of comments this morning as as council member Freeman said, so I'll just be brief and note a  couple. Um, I did want to we we did celebrate a bunch of celebrations this morning, some  staff. Jina Propst is now deputy city manager, our new OEWD director, Josh Gunn, who may or may  not be here.

Some great new uh changes in staff, which are exciting for the city. We also noted  Council Member Baker's daughter being born, which is great celebration. But I also noted on  this theme of we've been talking about immigrants here for a second. I did want to note where's this  where's this uh city clerk? Where'd she go? Did

she step out for a second? I apologize. She went  to go and do the print out of the uh Oh my god. So, I wanted to say so the city clerk's husband  became a US citizen in July.

Super exciting. So, congrats to the clerk. Please give they are  congratulations to her. We also did know this morning a couple sadder things, some some uh  some passings.

Um one of which is my colleague right next to me and mayor pro tem's nephew  passed away tragically. We are we grieve with your family uh and know it's a it's a difficult  time for you. So we we think good about you. Um I also know the Tom Krakauer who led the  Museum of life and science starting in 2003 and that was very much a very local institution  built that into a nationally recognized science museum.

So congratulations to Tom Krakauer on a  life well-lived. He also passed away last month. He was a again a key player in the Museum of Life  and Science, a key figure nationwide in the Museum of World. Also played a really important role  in getting the Museum of Durham History going. So again, um, our condolences to the family  of Tom Krakauer, but I want to celebrate a

life well-lived in Durham. Um, the last thing  I want to note on a tragic note, and if I can take a moment of privilege, Mr. mayor. Um,  a person that many people in this room know, um, who was the former associate pastor at our  church at First Presbyterian, Marilyn Hedgepath, who was our associate pastor for maybe 12, 15  years, later served as interim pastor for a while, and then in another transition role.

She  tragically passed away a couple weeks ago in a bike accident in Winston Salem. And again, I  know a lot of folks knew knew Marilyn Hedgepath. She was the longtime associate to Joe Harvard. Joe was the sort of very prominent folks, a lot of folks knew Joe.

Marilyn was more understated  but very powerful in her own way. We are so sad that she passed away in this bike accident. She'll  have a service later this month in Charlotte. We are a vision zero city and we seek to have no  deaths on our roads either cars, pedestrians or bikers.

And so while Marilyn's death did take  place in Winston Salem, we grieve with her family at her death and we work as we work here in Durham  um hard on a vision zero goal is to make sure no one dies on our roadways. So um thanks for your  thoughts about Marilyn HP. Thanks Mr. Mayor.

Thank you, your honor. To my honorable colleagues,  again, I want to associate myself with all the announcements made this evening. As I did earlier  today, I just want to take one other opportunity uh because I can't do it to everyone  individually. Just thank the thousands of people in this city who sent well wishes  and love uh during my family's um time.

We're still in a season of bereavement. I wish  I could give all of you an individual hug, but please accept this group hug to all of you  who expressed a condolences. I I also want to, as I did earlier, thank um the Durham Police  Department and the HEART team. Uh my nephew was fond of doing walkabouts the city uh from time to  time and had he been in a different city um well, we've seen the story.

So, I'm incredibly grateful. I want to thank every person on this day is for your unwavering and continued support for the  heart program, I'm so grateful to live in a city uh that has these type of servants and these types  of initiatives uh for his sake. Uh thank you all. Uh, I also want to say that every the people who  are charged and get paid to vet each and every one of us to be up here uh do their job. Um, it  was trash when folks said Barack Obama was not

born uh in the United States and it's trash when  a colleague up here uh is questioned about their um their uh citizenship. You're out of order,  ma'am. First warning, first second warning. Um I I count it too.

It's trash when they  did it to Barack Obama. It's trash when they do it to council member Javier Javier. Every person up here was vetted and belongs up here. Be very careful, Durham.

We don't  want them doing it to us and we shouldn't allow them to do it to our brothers and  sisters either. Thank you, Mr. Mayor. Thank you all so much.

Uh colleagues, just a uh a quick agenda  adjustment. Well, I'll get to that last. Um okay. Uh I just wanted to briefly talk about uh  the the flood that we had in Northern Durham. It

was pretty serious. Uh, and I like many of my  colleagues and many of you all as well spent time in the actual neighborhood of Rippling  Streams and um, Old Farm, you know, many of the homes there were built a long time ago. Um,  and when folks are really upset about things, uh, I I think Durham is one of the hardest  governments to understand. Uh, simply because we are Durham City and Durham County and we are the  same name but two different jurisdictions.

" And many of  us were not. And and but it wasn't about that. It was about actually listening, you know, to the  frustration. And I said, "Well, ma'am, you know,

" And you know,  I I as I've been listening, you know, this this whole government thing is so hard to  understand. And um the manager and I have been talking about a new way of communicating uh a  better way of communicating. And so I would ask you all for your patience and just be on the  lookout for um just informing on how this how all of this stuff works. Um that being said,  I am appreciative to to the nonprofits that have been present and helping people clean out  their homes.

I've been in some of the homes. It is catastrophic. Um, and I know there's been  a lot of confusion around information. Um, but we finally got the Federal Administration  is operating a little differently. The Small Business Administration is actually the receiving  agency on residential disaster circumstances. Uh,

I never would have seen it that way, but that is  that is what it is. So, it is a little confusing, but right now at the Northern Library, you can  just look on their website for the hours. Uh the Northern Region U library has the SBA staff. They have three staff members there and they have three staff members from the emergency management  services that are providing resources.

You should be able to get all questions answered if you are  living in the northern Durham region and were affected by the flood. You also can apply for  a loan. Um, you can apply for a loan and we're going to put more information out about this. We met about it today.

I am I don't want to wait until another week or so to to even mention  this because we have until the end of August. Uh, but that is an option. I do want to make sure  that, you know, I exhaust all of the options by way of information and provide that publicly. So, I'll continue to communicate about it. But I did want to say that emergency management  services, which is uh a partnership between the city and the county as well as the SBA uh on the  federal side, are providing um a host of resources

including some financial assistance. Um and I'll  continue to work and communicate with the um with the residents over there. We've uh requested an  update from the city, the county, and the schools on their response on the co on the co-response. Uh  and we'll have that on the 12th at the next joint city, county, and now schools meeting.

So there'll  be a lot of information shared there as well. After that, I requested a u a town hall with  the schoolboard chair, the county chair, myself, and inviting our colleagues or maybe quorum uh to  uh have a a town hall uh in the actual Northern Durham community uh so that we can make sure  that everyone has access to this information. So, if you're looking and listening online, please  make sure you uh just keep your ear out for those uh those resources. and Trey, if you're listening,  the community captain for the old farm area, I'll be reaching out directly to share this again. Um, have fun yesterday, the Latino Festival. Uh,

there's a lot of people out there and, you  know, just what I call strategic neighboring, just just being able to be with folks and have  each other's back and, um, just have a have a good time bringing the city together. As you all have  probably noticed, there is a lot of new technology in here. Uh, and we're getting used to it, but  it is a lot better in quality. You all can't see up here, but we used to have these giant computer  screens that took up so much room.

So, we can now, it's still junky, but we can do stuff up here  now. Um, we have better voting systems, so we won't miss votes. We have a better sound system,  as you can hear. Uh, the the sound panels in the lobby are not permanent.

We're actually going to  get some sound absorbing artwork. Uh and we have a better sound system that will be uh stationed  in the lobby as well. I know at the last meeting uh there were some technical difficulties and  folks cannot hear. So we're just addressing that as well.

Um the pictures have moved from  over here. They're out in the lobby now. Uh but

you all know what we look like and we put a new  screen here. So we have more screens in here and you'll see uh momentarily what our vote voting  system looks like. Uh so we have this this one All right. So, um, technical difficulties.

Well, yep. Vivian, come on. Help me out here. Oh, there we go.

Thank you. Don't clap. It makes  it more embarrassing. All right.

Um but yeah, so we're just trying to make sure we are  accommodating. I think uh my favorite new uh technology device in here is the new  podium. It is now, and you can clap for this,

this is ADA compliant. It can go as  low as for it can go as low as someone uh as needed for someone who's in a a wheelchair  and it can go as high as someone is taller or taller than me. Uh so this is a moving device  to make sure we are addressing everyone's needs. Okay, thank you.

All right. Um, and lastly,  uh, just a couple other things here. Uh, Director Ryan Smith and I just got back from  Albuquerque, New Mexico. We were invited by the, uh, National Mayor's Innovation Project to present  on some of the innovative practices around public safety and community safety that we're doing. And  it felt really good to sit on a stage in front of n like cities from all over the nation and you  know be introduced as okay so this is Durham North Carolina they're the leader and building out an  expansive and innovative public safety apparatus and ask us to talk about what we're doing around  our heart program and there are cities all over

America that are trying to implement what we've  done here and it just felt really good and and uh been able to talk about this work on a national  scale. Uh and we were there for days presenting over and over and over and talking about folks  answer talking about it to folks and answering questions. So uh kudos to our staff. Uh you're  amazing.

I know I tell you that all the time, but you truly are amazing because we can  create a policy, but the policy doesn't work unless we have the right people in it. And so I'm I'm grateful for them. Lastly, um we don't say this enough. You know, we we  we hear the news stories about gun violence and We just, you know, once we hear a news story, it's  like, oh my god, you know, what are we going to do?

This and that, this and that. But there is a  lot of work that is being done in this community by nonprofits, by mentoring group, mentoring  agencies, and when I got the report that crime was down in this city, 26%. I started seeing  those organizations shine brighter. And I think we need to lift them up more and more and more. So, if you know of a mentoring group or a mentor,

if you know of a mentee or young person that  is involved in these organizations, please make sure you just give them a high five and just say  thank you because there are a lot of folks boots on the ground that are doing a lot of amazing work  that that that is this is accredited to. Uh so, I appreciate our our first responders. I appreciate  our law enforcement. I appreciate our heart team.

I appreciate our nonprofits that are doing this  amazing work. It does take all of us. I'm excited to pro um work on a new holistic strategy to  to where hopefully we'll be able to say crime is down 50% and more in the coming months. So, I  look forward to that and I look forward to work with my colleagues through all of this and uh as  we are going to work meeting by meeting to try and shorten things up after my long comments in the  comments area. Um yeah, we'll we'll we'll we'll uh accommodate these meetings a lot more. With  that being said, colleagues, I'm going to make a shift because I'm looking at my cards and I  have a lot of signups uh virtually and well,

I have a lot of signups for the numbers um 26  and 27 with items 28, 25, 28, and 29. I have very little speakers for that and I think they'll  go by fairly quickly. I'd like to I'm going to go ahead and move 25, 28, and 29 ahead of 26 and  27 because those will take just a few minutes because it's going to be a while for the 26 and  27 cases. So, just be on the lookout for that.

All right. And that being said, u I will now move um over to council member I'm sorry, city  manager Ferguson for your priority items. Thank you, mayor, members of council. Good  evening. Good to be back with everyone tonight. The city manager's office has the following  priority items for this evening's meeting.

First, uh, with agenda item number eight, uh,  the resolution to support the Upper River Basin Association UNRBA FY2026 budget. Council received  a presentation at the August 4th work session held earlier today. Also for agenda item number 20,  first amendment, the contract with application software technology LLC for next generation ERP  implementation. This item was referred back to the technology solutions department.

Those are my  priority items this evening. Mayor, thank you. Um, madam attorney, I'll now pass it over to you. Good evening, Mr.

Mayor, Mr. Mayor Pro Tim, and members of the council. It's good to see  you. The city attorney's office has no priority items tonight.

Thank you and madam clerk. Good evening, Mr. Mayor, Mr. Mayor Promp, and members of city council. I don't have any  priority items, but I'm happy to update item uh three, the recreation advisory commission  appointment when we get to it. I can either

do it now. Perfect. All right. So, for the  recreation advisory commission appointments, it said to fill four vacancies.

So, um  three of those four vacancies are being filled by Laura J. Debar, Gabrielle Rivero,  Gregory Williams, and the one vacancy with a person with a disability category is  going to be filled by Larry Dale McKiel. Thank you. All right.

And we'll we'll  we'll move on that during the consent agenda. All right. At this time,  I will read the consent agenda. Item number one, mayor's committee for persons  with disabilities appointments.

Number two, Durham Performing Arts Center Oversight  Committee appointment. Number number one. Okay, Mr. Mor.

Yeah, I'm sorry. I I have you. Um, so  I'll pour that and then we'll come back. Um,

item number one, uh, mayor's committee for  persons with disability. Have that pulled. Item number two, Durham Performing Arts Center  Oversight Committee appointment. Item number four, approval of city council minutes.

Item  number five, which has been pulled, Durham Parks and Recreation Department  revenue performance audit June 2025. Okay. Item number six, Neighborhood Improvement  Services, NIS Human Relations Division, Effectness of Case Investigations Performance Audit, June  2025. Item number seven, contract renewal for fiscal year 26, City of Durham domestic violence  and gain redu balance reduction agreement with North Carolina Administrative Office of the  Courts.

Number eight, resolution to support the upper news river days association fiscal year 2026  budget. Number nine. Number nine, West Woodbridge

Drive infrastructure repairs. Number 10, contract  with Santech Consulting Services Incorporated for water quality pollutant source tracking in UT  to Rock Creek and stir up iron creek. Number 11, contract for print and mail services for the city  of Durham with Infosand Incorporated. Number 12, developer request for permanent stormwater outfall  easements at 11:45 West Forest Hills Boulevard.

Number 13, lease of North Carolina Department of  Transportation NC DOT property for the American Tobacco Trail. 14, third amendment to contract  between the city of Durham and cornerstone on demand incorporated for cornerstone learning  management SAS services. Number six, 15 contract with True View BSI LLC for pre-employment  background screening services. Number 16, US Department of Labor fiscal year 2023 through  2025 grant project ordinance for ARPA re-entry

supported funds for Fierce Fellows. Number 17,  contract for the administration of phase two of the Durham Small Business Opportunity Fund. Number  18, athletic booking agent contract. Number 19, contract with National Testing Network  Incorporated for promotional testing and assessment services.

Number 21, contract with  Weed Drop You Incorporated for Mobility Broker and operations of the Go Durham Access On  Demand Services. Number 22, amendment number six with Turner and Townson Harry LLC. Contract  number 13441 for program management of the water management facility expansion project. Number  23, award of bidterm bidterm contract for bulk water treatment plant chemicals to Kyus LLC. Number 24, professional services contract with

Freeze and Nickels Incorporated for the 2026 lift  station upgrades project. Of course, on the GBA, we have received that report, recreation advisory  commission appointments. And for our uh present public hearings tonight, we have number 25,  Cliff Street, partial street closing. Number 26, zoning map change for 401 East Lakewood  Avenue.

Number 27, zoning map change, Durham Rescue Mission, East Main Street. Number  28, revisions to Durham City Code regarding storm water facility replacement fund and  perpetual assurity requirements. And number 29, public hearing and approval of the draft 5-year  2025 through 2029 consolidated plan 2025 annual action plan and citizen participation plan. Those  are our consent items with items number one and five poll.

And of course, we have our public  hearings. I will go back up to number one, the mayor's committee for persons with  disabilities. And I have Miss Victoria

Peterson. You may um Yeah, I think the mic  is already on over here. And watch yourself. Yes.

I Whoops. Hold on one second. It's moving a little bit here. Yeah.

Yeah. Huh? It's new. We're going to raise that up, too.

Oh, is this where you were speaking  about? Yep. Well, that moves out and up. Little little higher, please.

Is Is there Viv, is there a way to lock the  uh the top part from sliding in and out? All right. Thank you. Welcome. You have three minutes.

I have two minutes. Three minutes. You have three  minutes. I I that varies based on like the the speaker load.

many of you. Um, my name is Mrs. Peterson, Victoria Peterson. I've lived in this community for quite a few years.

I graduated from  one of the greatest universities in this country and that's North Carolina Central University. Over  um several years ago, it's been three years now. Uh, I received a phone call. My husband and  I received a phone call that a baby was being born and he was still in the womb and there was  a possibility that he could have been homeless or either aborted.

My husband and I added a new  addition to our family and we've had Mr. James for well over three years now. And woo, don't  answer your phone anymore at night. But that's okay.

That's still a good thing. what I wanted to  share and ask our city. We have a lot of children

who are falling through cracks. My son has been  diagnosed with autism. If you know anything about autism, when I heard about it, I started crying. But I had to do my research.

You cannot go by what people say. My son is very bright. I'm here to ask  this council to revisit your parks and recreation programs and add to help children who fall on this  record. WD Hill, and I want all parents that are listening tonight, WD Hill has an awesome wreck,  outside wreck.

It is gated. You hear me? It is gated. If anybody has an a child that is autism,  they understand what that means. That means your child can run around and will not run out in the  street or go in an area where they're not supposed

to. They are secure. But the problem that I'm  seeing, Mayor William Williams, is the activity for these kids, for the kids that are three, four,  five, and six years old who fall on the spectrum. So, this new group of appointments, I'm asking  the city council and and our citizens to start advocating to make sure that we are bringing folks  on in the government who have an understanding about children who are falling on the spectrum.

I  want to just give you this this little information here. Durham public school has over 15,000  children who qualify for the IEP. I don't want to go into all that what that means, but if anybody  is in this room and anyone that is listening, you know what an is. When you have over 15,000  children that have been diagnosed with that,

that's something very serious. You cannot throw  that under the rug. Thank you. This is really important information and I would I think be glad  to speak with you again further but um but stay right there because I have you also pulling  item number five Durham Parks and Recreation right performance audit performing art audit.

So  when you have so many children that are falling through the cracks that they do not get to help. Now my background is criminal justice. I used to work in the big house. The big house is central  prison.

I worked in the prison system. My eyes have opened up now. I will have always wondered  how come we have so many men of color involved or caught up in that criminal justice system. And  there was one thing that I observed years ago.

A lot of them could not read and write. And when  you cannot read and write, if you cannot function, then you're gonna have a problem out here getting  a good job and a good skill. So, I'm also at and I

think that's part of the problem because I think a  lot of our young men or boys when they were coming up had issues and a lot of minority children don't  get the kind of help that they should if they've been diagnosed with a condition of autism or some  of those other various disabilities that are out here. So, Mr. Mayor, I'm asking for number five  for the parks and recreation to put monies aside, start working with WD Hill. They have a they  already have a gated community.

Okay? And parents, that facility stays open till 9:00 at night. My son, sometimes 7 and 8:00, he needs a place to run. And we go over there, Mr.

Mayor, we allow  him to run around and be free. But other parents, you also have children. Stop yelling at them. Stop  fussing with them. Bring them over to WD Hill in

the evening. We're going to try to encourage  this city government to develop some programs for children who are autism and for children  who fall through the cracks. Mayor Milton, I think as a pastor and as a minister, I'm sure you  understand that we have people in our community who have very issues, various different kinds  of issues. So that's what I would like to ask our citizens and our our representatives to please  hire some folks who have an understanding of what autism is and who also have an understanding of  children who have various disabilities starting at the age of three, four, five, and six.

Most  of your programs are for your older kids. So, the toddlers are not getting the kind of help that  they need. Now, I will say this, the Durm public school system now will take children, Mr. Mayor,  uh that are three years old. We've got to hand it

to them. Now, if you have a three-year-old child  and that child has been diagnosed with autism, the school system will accept that child. Thank you. Thank you so much.

And thank you, city council members, for allowing me  to share that. All right. Good work. All right.

And um Mr. Baker, item number five. And colleagues, I'll go back and uh ask for a motion  on items one and five in just a minute. No, wait.

You had to be five and everything. My apologies. Welcome. You have three minutes.

Good evening, uh, Mayor Williams and council  members. Could you pull that mic down? Yes. Can you hear me now?

Okay. Good evening, council  members. Uh, this is real and near to me. I lost a son to lead grandson in 1983.

Some of the same  engineers that you are using in these parks for lead. We use the same people. Lead still exists  in portion, Virginia. We went before the district courts in North Virginia and EPA who had the  the land evaluated after these engineers left and it was in worse condition than when they  came.

I don't believe as Mr. James Chambers and former council candidate Sher Rosenthal said  previously when we came before Mr. Chadwell and

them parks and recreation that that lead has  been removed. We still have hot spots. If not, why are we investing money in five more areas? Why  are we investing money in five more new parks?

If those parks have been thoroughly clean, there  was no community engagement that would satisfy the entire community. Tonight I must say that  that lead is still there. Our children have been affiliated with those PS need to be examined  by the health department. As Miss Pat Patterson was saying, they will come up with all kind of  physical conditions.

Lead is a transcinogen. A carcinogen. It travels. It don't stay in one spot. lead that was here today is over here tomorrow. So

I'm trying to tell you parents, don't fall for  the bojangle, the hood winking that you have been given that these parks are clean. They  are not clean. Thank you. Thank you so much.

Uh just uh another technical matter. We we  are trying to get the uh closed captioning up, but the meeting is being recorded  and that will give us the ability to provide a transcript or a  a captioning um post meeting. Can I make a motion? All right.

Uh so we've read  the consent agenda. I'll now entertain a motion to uh to approve the consent agenda. So  move. No, I'm sorry. I'm sorry. All

right. Uh, at this time I entertain a motion to um consider it's been moved and properly  seconded. Um, all right. All in.

Well, no. Now you have the screen tap. So, madam  clerk, will you please open the vote? I apologize, Mr.

Mayor. The um the system is isn't  allowing me to. So, I appreciate your patience. Just for clarity, this is the  consent agenda with all of the items, including the pulled ones.

Okay. Yeah. Okay. There we go.

All right. Council members,  please vote. Madame clerk, uh, one, two, three, four, five, six. There we go.

Please close  the vote. And the motion passes unanimously. If everyone will look at the screens, this  is what it looks like now. The percentage as well as the names on the side on the screen. So much more information. And now the clerk

doesn't have to read it out. Well, I guess  you do, so we can have it on closed caption. All right. Thank you.

Okay, as stated, I am going to adjust the uh  because I have a lot of speakers for two cases and like maybe like one or two for the other. So, I'm going to adjust and move items 25, 28, and 29 ahead of 26 and 27. So colleagues will  now uh staff will now hear case number 25. This is Cliff Street partial  street closing.

Welcome. Good evening. My name is Jalisa Harris,  staff planner, land development review in the planning and development department. Staff requests that all planning and development department testimony and materials  presented be made part of the permanent record.

This street closing request SC25001 is for the permanent closure of a 42 linear foot  portion of Cliff Street between Blunt Street and Rosedale Avenue. The portion of Clifree as shown  in attachment A, the context map proposed for closure has not been open and does not contain any  public improvement or uses. 46 46 acre of right ofway will be recombined with the adjacent  parcel identified with REI107722 and the address 1700 Cliff Street. 5 acre parcel as shown on the associated street  closing and recombination plaque attachment D.

The new parcel is intended to be reserved  for development in the future for which plans have not yet been specified by the  property owners. The parcels adjacent to the cliff street portion are also owned by the  parties requesting the closure. If proposed, if the proposed partial street closure  is approved by council pursuant to North Carolina general statute section 160D 501 and  160D 605, the parcel identified with REI107722 as recombined with the former dedicated rideway  should be designated established residential on the place type map of the comprehensive plan. This request was submitted to service agencies for review and comment. All substantive  comments were addressed during the review of the case except the advisory bike pedestrian  comment indicating the closure may limit access

to future Walkwood Rockwood Trail and thereby  does not conform with the comprehensive plan transportation policy 57. The the ride ofway is  not maintained by the city. It does not provide any connectivity between public streets and the  ride ofway is heavily wooded and unimproved. The closure of this rideway and recombination will not  result in the loss of street frontage for any lots adjacent to the ride ofway.

An adjacent  parcel 1700 Sycamore Street, RAID107739, is surrounded on all sides by unimproved  rights of way, including Cliff Street and single family homes. The partial closure of the  unimproved Cliff Street portion will retain street frontage potential for this parcel should the  other adjacent other should the other adjacent unimproved rights of ways become improved. The  recombination will provide street frontage for

1700 Cliff Street which is currently surrounded  by three different unimproved rights of ways in single family homes. The street frontage will  be created by the intersection intersection of the unimproved portion of Cliff Street proposed  for closure and the improved adjacent portion of Cliff Street. Staff is available for questions  and the applicant should be here to speak. Thank you so much colleagues.

Any  questions for staff? All right, you've heard the staff report. I'll  now declare this public hearing open. I only have one resource person.

I don't have  any speakers. Therefore, I'll declare the public hearing closed and back before the council. Uh,  Council Member Baker. Yeah.

Um, actually do have some questions for for staff here. I promise I'm  not trying to catch you off guard. Um, the city's

been doing a lot of work around paper streets. I'm  wondering if uh this portion came into question during that work on paper streets that the city  uh has been has been doing. I think a better resource person for that particular question  would be Bo Dinsky, our assistant director. Bodinsky Bodinsky planning development department.

Um this particular uh paper street wasn't um analyzed uh in in depth. Many of them were. We  looked at them holistically. I would say though uh as the advisory comment points out um this  does appear to be an opportunity where the existing dedicated rideway um would connect to  a trail and provide additional connections. So, uh, if accepted, uh, and improvements were made, um, it it would be a paper street  that presents an opportunity.

Um, was there any discussion around a potential,  uh, pedestrian access easement as part of this? Not that I'm aware of with the this kind  of reasonzoning, we we couldn't make that suggestion and see if the applicant was open  to it. I mean we can't apply conditions to this site. We don't have any application for  development here.

So I have no uh through the resoning. We can't we can't do that through the  through the street closing. No. Sure.

Excuse me. The street closing. Yes. Okay.

And then um is this  is section 1343 the block length standards. Um I think the maximum block perimeter in the zone  district is 4,000. Is that applicable here? That's not one of the uh criteria that need to be  met for you all to make the decision.

Okay. Okay. So the so the staff report did say that staff  finds that closing this rightway could potentially adversely affect the general public by limiting  access to the plan Rockwood Trail. So the balance

here is it's all forested. There isn't any plan to  connect, but we lose that connection. we lose that public rideway to potentially connect to a trail  by vacating this and essentially to adjacent. That's correct.

Yeah. The the dedicated rideway  obviously is not accepted for maintenance, but it does present a a situation where um an additional  connection that uh wasn't necessarily thought of to be made to the land trail. Okay. Yeah, I think  I' I'd be I'd be open to this.

I just I I think there would have been an opportunity here to both  allow for additional development and potentially get a pedestrian access easement that could have  been been improved. Um I do have heartburn sort of losing connectivity because that goes against  what we have in the comprehensive plan. So some of my thinking there but thank you for answering  my questions. colleagues, I actually need to

reopen this public hearing uh due to technical  difficulties. So, I'm going to reopen it here to comment. Uh the person who signed up, they just  clicked the wrong we have a new sign up option and it's people are getting used to it. So, I want to  make sure that we are giving grace to that.

Then I'll bring it back for us. So, I'll declare this  public hearing back open. And Mr. Hamilton, you will come on up.

Welcome. You have three minutes. Sorry about that. I'm trying to get rid of having a bunch of paper over here.

So, we're moving  everything to digital. I understand. Thank you, Eric. I am Eric Hamilton, 1706 Rosedale Avenue.

Now, this is actually my application, so fairly clearly I have, sir, would you move a little  closer to the microphone, please? Just a little. How is this? Uh, okay.

Let me let me get just a  little clarity. You're the applicant or proponent or what? I am the applicant. Okay, you're the  Okay.

Yes. Yes, indeed. So, yep, you're entitled

to speak. I apologize. You signed up for the wrong  thing, but we're going to figure this out. So, no worries.

All right. You uh So, that means how  much time do you need? Few minutes. All right.

So, uh madam clerk, if you can give five minutes,  please. Very well. Thank you. uh the packet that is came with the meeting agenda which of course  has been published with the meeting agenda and you'll be familiar with basically uh reflects the  situation as described by staff.

So I'm only going to touch very quickly on the high points here. Uh  as the uh pack meeting packet and report shows, this is currently a street to to nowhere. It's  heavily wooded. It terminates in another chunk of heavy woods and the junction of a number of other  heavily wooded paper streets. Uh closing this if you closing the street is not going to cost access  to any property. In fact, if you look at the map,

uh it seems clear that the property to the south  of Cliff Street can only be developed by building Blunt Street through from one street south from  Ward through. Uh closing cliff as the packet shows our piece of cliff does not cost any access  to any existing lot. Uh the real advantage of doing this is that when it is combined, it turns a  100 foot by 400 foot lot of really fairly awkward placement of buildings onto it into a 150x 400  foot lot with far greater development flexibility and with which we can do much more. The cons the  main concern here of course is that the proposed but not yet built Rockwood Trail runs south from  Ward Street to basically to the intersection of

the paper Cliff Street and the paper Blunt Street  and then proceed south from there. Uh should that piece of Cliff should our piece of Cliff Street  be closed, uh there is access to that point from two other streets, Flint Street south from Ward,  which I repeat is the logical way of accessing the entire area and also from uh James Street east  on the portion of Cliff Street that we did are not proposing to close. And finally, the uh access  point that we're talking about here is one block south of where the trail crosses board street  anyway. So although there is some loss of access to the relatively few people currently living on  Rosedale in the developed portion of Cliff, I'm do not I I believe that the balance here  favors closing Cliff Street that it will

not interfere with the development  of the area and the loss of access to the trail through that one block  is going to be uh small. Thank you. Thank you. Um, at this time I'll declare  the public hearing closed and back before the council.

Colleagues, are there any questions  for the applicant or staff? Council member Caballero, I know you had a comment. You're good. Okay.

All right. Yeah. Go ahead. Council member Rrist, Mr.

Dinsky or staff just looking at the comments  that were submitted by um Brian Taylor about the proposed Rockwood Trail. Right. So as I and I'm  just trying to understand the map I'm looking at. So So that trail would cross Ward Street a  few blocks above where we would the proposal is to close this uh Cliff Street and then does the  Rockwood Trail not come across is that is that Rosedale? Does it not come across Rosedale? Right  there south of Cliff Street if I get that right.

Or is that is that like is that also a paper  street? I'm sorry. Ma'am. Ma'am.

Ma'am. I We won't We It's not even being communicated. So, I want  to Yeah, I I don't have the plan in front of me, but I I know that it it uh goes along the the  left side as you're looking at the the page and the the rightway to be closed, which would  provide sort of a additional connection left, right? Uh I don't know the distance to where  it crosses below.

Oh, we'll look it up for you. Yeah. Mr. Hamilton, are you able  to answer that question?

Council member, so so the proposed trail is  going kind of south. Where does it below Cliff Street that the portion you're requesting to be  closed? Where does the trail then next intersect

with a street? It intersects Ward Street one  block north. of cliff and it's I do not know actually because I haven't looked that far south  where it next intersects with a paper street. I believe that it will intersect southwood but  I could be mistaken. Yes. If staff could just clarify where like where south of Clary where  it would intersect with the next roadway, what I must stress the trail as it passes the  part of Cliff Street we proposed to close is passing the uh left hand west to the left and west  of the end of the area that we propose to close.

Council member Rrist um it does not it  stays to the to the left. It doesn't so so where would the So okay so it does intersect  again the proposed trail with Ward Street above uh north of Cliff Street. So, so what's  the next street that that trail would then University further south. Okay.

Thank you. Go ahead, Mayor President. Thank you, uh, Mr. Mayor, and thank you, colleagues.

The, um, how far in the future are we  talking about for this trail? Do we have any idea? I would have to defer to uh yeah, I'm not with the  parks and reccks department. So, if anyone I Well, while while you uh rally your folk, um I asked  because it seems like we have two speculative future kind of events. Usually, these are pretty  routine, the these street closings. They're

usually non-controversial. Um no adverse impact  to a thorough affairs of the city. Um, however, it seems like we're balancing a future trail with  future development. And if I've read correctly, you don't know what's going to go on that  recombined acreage yet.

You just want it closed. Is that if you approach the microphone,  Mr. Hamilton? Is that correct?

You have no You basically want it closed because in the future you  may do some development on it. We have engaged get close to the microphone. Thank you. I'm sorry.

We have engaged an architect and are currently working on them to uh develop that property. Uh  we aren't far enough along to have anything to submit. But what do you plan on putting there  if I may ask? Our plan our plan is to position a single family home on it which we will move into  oursel for our own occupancy basically moving next door and to position it in such a way that there  is no impediment to placing ADUs or additional

residential units on the track of land. That's  why the flexibility of having that additional land 150 feet by 400 instead of 100 feet  by 400 is substantial. Sure. So this is for family use that uh initi this is  essentially for family use personal uh uh dwelling.

Basically we are living in a  two-story house now and have become hit a point in our life where the disadvantages  of twotory living are becoming apparent and we so want to stay in the neighborhood. Understood. While we're trying to figure out how far in the future the trail is, you have  any ballpark and you don't have any ballpark um anticipation of when you may want to develop  if it were closed. Uh as I said, we as I've said, we have engaged we have engaged an architect now  for our use of the land. Now, as to what happens to the trail, all we know is that it is proposed  and certainly would be a good thing to have. Sure.

Thank you very much. Colleagues, I you know,  as I as I've already stated, usually when it, if it's a a resident and it's their personal  abode, I usually come down on on just letting our residents and neighbors um live, as you were, but  but I understand the importance of trail access, which is future this. So, I I'm I guess  I'm trying to weigh um what ordinarily for me would be a pretty routine uh vote, but I'm  I'm curious as to to which should prevail here with this particular case. Uh DCM Chadwell, were  you going to uh were you going to say something?

M M Mr. Mayor, Mr. Mayor, Pro Tim, members of  council, Keith Chadwell. Um the in the packet there shows a representation of the proposed uh  trail to my knowledge as I stand here. It's not in any nearterm funding options for development at  this time. We haven't we can only confirm that a

little later, but I'm I'm not aware that it's  in any near-term plans in transportation for funding for immediate funding. Right. Right. Okay.

Thank you, your honor. Just one question for for staff. Is there  some balance here? Is there what what would it take to say we're going to vacate the  majority of this right away but leave some for a future connection? Would that  have to be an entirely new application? C can you repeat that again about what would  be the process to say we are going to sell the majority of this right ofway the require they're  requesting the entire right ofway in that one uh paper street block length what if we said we'll  sell everything but we want to keep 10 ft of rightway for a future connection the petition I  mean that would be a different petition as he's

that would have to be an entirely new yeah he he's  uh petitioning to close the entire of the right away that portion. So that's what's before you and  just Mr. Dinsky, thanks again. Just just confirm.

So there's there's no sale. We're just closing  that we're just closing the street. There's not a sale, right? That's correct.

Okay. And what you  said before is that in the process of closing the street, there's no within that process, there's  no there's no provisions for some kind of easement for for public access. Correct. certainly uh as he  chooses to develop the property he could provide this type of access but before you hear it's  just a petition to um close the rideway.

So yeah, I guess I have the same question as Council Baker  like what's the process to it seems like seems like there's got to be a way to to find a middle  ground here where the the the the proposal here to to combine will allow the development of  that plot, right? But we wouldn't lose public access. And I'm Mr. Mr. Mayor, I'm particularly  concerned given right now we're in the process,

as many of you know, of developing plans for the  Durham to Roxboro Rail Trail, and we've received a lot of emails from folks who are upset about their  property on the trail, access to the trail. So, that that's a real issue, and I would hate to to  make this uh closure and then later lose access to the public. So, it seems like we're I don't want  to I I appreciate the applicants interest here, but I don't want to sort of have the unintended  consequences in losing access when we are trying to build that in our in our trails and greenways. So, I was just going to ask, is it possible to refer this back so that staff can analyze  it a little bit further around the trail?

I I would probably refer to the applicant  on that. Um, Mr. Hamilton. Council member Freeman's suggestion is referring it  back to staff to better analyze how um and council member Freeman, correct me if  I'm wrong, is there can be a a like a win-win essentially just knowing that  the loss of access would likely

uh be a no for me. I would prefer I would prefer  to let staff analyze it a little bit further to figure out how that route could be realigned and  see if there's some some negotiation and where that line is. If you're obable to that, that  would be great. If not, we can move forward.

One moment. Uh yes, we're we are certainly uh  would be delighted to work with staff more to uh deal with those reservations if necessary. That  certainly possible. Now, I will point out that the there is as I read the in the packet. Uh there is  access to basically the same short point in the trail either through Blunt Street from the north  or Cliff Street movie from the from James Street further to the west and heading eastward to the  same point. And I wouldn't even argue that with

you. I would just ask staff to just make sure that  that's clearly denoted in this case before we move forward. Very well. Yes.

As say we are certainly  prepared to work with staff more if there are further concerns that have to be resolved. Thank you, Mayor Pro. Thank you. And I thank Council Member Freeman for her her questions and  observations.

My only concern is I I um the trail does not exist yet. It it's a proposition and  we've seen things that have been planned before and did not come to fruition. And the scope of  the case before us right now as as it exists right now, the facts that we have before us right  now, we have a resident who who there's a there's a line in in the memo that says staff does not see  any adverse impacts on what we're doing right now. I I just want to be very careful for careful  to to base our governance on on speculation, particularly when it's we're not talking about a a  millionaire developer here. We're talking about a

resident and particularly given how routine these  closings are. I can't I I mean, in theory, every time we close a road, there may be something in  the future that comes along that will inhibit us, which is why we we make our decisions based upon  the facts that are before us right at that moment. Um, we can always speculate that something's  going to happen. So, I I I certainly uh amanable to council member Freeman's u recommendation to  remand it back to staff, but if we don't come up with I suppose we come up with something and  we never build the trail.

Uh because as of now, it's a proposition. It's speculative. It may  or may not happen. Um and I I want to make sure we govern based upon within the scope of what is  before this council right now.

But with that said, I'll certainly support um further talking if  the applicant's immutable. Thank you. Thank you, Mayor Prom. I would just say that I think the  plan, the master plan for the trail is a plan that we're working towards and so it's a little  bit of a more than speculation. Kind of like just

trying to make sure we're leaving that option  available. So, I appreciate that. Thank you. Yeah.

And all of our plans have always come to  pass. All right. Um um Council Member Cabierro, thank you. Um very quickly, how how quickly does  staff think I I don't want to I mean sometimes our our calendar is booked out and I don't want to  leave this resident waiting for months and months.

Yeah, we we'll check the the counter and see  just well I mean I don't think the discussions would take time, you know. So we could even if  it's a night that that has a few I don't think that it would take long. So I don't want that to  since the applicant's immunable. Thank you.

Um uh to to um pausing until we can get it worked  out then I think if we can get them back quickly that would be helpful. Thank you. Certainly. Can I ask a question about the proposed route, the trail? I mean, is there not a way to I'm  I'm assuming there's probably been work put

in to propose this route, but is it not um a  possibility to reroute around this property? Uh I can't speak to the the trail the way it's  planned, but I will say is the the rightway that we're discussing is an additional connection uh  beyond um the connection on ward as the applicant had stated. So um in terms of rerouting, I I  don't I don't know if that's what we're looking at here. What we're actually looking at is an  additional um connection. Mayor I can elaborate uh you know the extent to which trail alignments  are shown in a master plan like this I believe the source of this based just based on the information  I found online is the the DPR comprehensive plan was the source of these typically at that level uh  it's a a conceptual route they look at available

land potential connections and that's the level  of work that's gone into it certainly before uh a trail were to be moved toward towards construction  and design a a detailed design process would be underway. So at this point you know we have a  conceptual routing. So to your question about you know are there alternatives certainly there you  know that is something that would be determined at a later date but I think you know we'd be  happy to provide more context around that process uh with this referral back to staff uh and the  alternatives of building not building or or what sort of design flexibility we might have at that  point. Thank you.

I, you know, thank you for being open to referring it back to staff. I think it's  an opportunity to find a win-win. I don't want to prevent pres I don't want to prevent you from  being able to expand your housing. Um, I mean, it'll expand your tax base.

It'll provide roofs  over more people head more people's heads. So, you are I think you said you're going to  do ADUs or something like that. Um, so uh but also at the same time being able to have the  have an option to have trails. You know, we want

a higher trail score. Uh, so I I would ask staff  with this um this referral back to you to try and find a win-win. Uh, I'd love to see government  more creative and innovative than just black and white. All right.

Yeah. Council member Baker. Yeah. Just one last thing.

Um, you know, I think with this case, uh, connectivity is obviously  an issue and it's one that we have stated, uh, pretty clearly in through policy that we want  connectivity in the comprehensive plan. And this is um a case where maybe conditions on the ground  are such that there are enough con connections or maybe there aren't and we're losing one. And um  and I I just hope that in the future maybe to save applicants some time these kinds of questions  are are anticipated a little bit more and worked on a little bit more before they come to us  so that we don't need to refer them back. Um, I know that we can't do that all the time, but but  I I hope that we can sometimes try and anticipate those those big questions and and address them  before they they get to council. Thank you. Yeah.

how much working on I wouldn't associate myself  with council member Baker's uh comments but but to my point the the that's the that's the issue  with anticipatory government which is why we make decisions based upon the facts as they are now. um  the plan uh I mean we we we do things we approve uh we don't approve things that are within  our urban growth boundary and that's in a comprehensive plan. I mean we do things that  contraven uh contravene our plan all the time. So I just want to be fair to folk when they bring  cases before us in real time based upon the facts that exist before us now that you know individual  residents don't bear the brunt of our speculation.

We haven't even gotten to the design phase  yet. It may very well be that we don't use that um because that's that's the nature of plans. So I  I just want to I don't want to oversell what we're going to do in consultation with the staff because  we don't know where this egress is going to

ingress or egress is going to be yet. " Because as we get  into the design phase, we may find things in the ground that won't allow us to do it. I mean, all  kinds of things can happen. So, I'm I'm a big fan of particularly when it's just, you know,  we're not talking about a multi-million dollar developer.

When residents come before us, that we  we govern based upon what we've advertised in and what the facts are at that moment. But with that  said, I'm glad, you know, we're willing to talk, but I I don't want to oversell anything to you  because we don't know. It's a plan. Thank you.

Very quick question. How long  has this application been in in the works. How long did it take from  them applying to getting it in front of

us? I don't see it on the memo. Well, B's  looking up the original application date. I'm just estimating about maybe five or six  months.

Each plat undergoes 30-day business day review period. So, most of the comments  are provided, you know, that first review. The second review which is plat did go undergo. I think just planning and bike pad had comments remaining.

And if there was a new application with  a shorter amount of linear feet would we have to repeat all of the all of that process again or  could it because it's relevant to the same plots? what the modifications will be able to review  faster and and help get through the process and not go through the same steps again. They would  not have to go through the same steps again. So, we could we could have an expedited if it  were just a reduction in the linear fee,

we could have an expedited  application. Correct. Okay. And that's what I mean by being a little more  than just black and white.

I appreciate that question. Yeah. I mean I I'm just and everyone  I'm sure can hear and and you can hear as the applicant. The concern, right, is that we lose  a a public right of way that again we don't know for sure if we're going to use it, but it's not  part of the property that you have purchased, right?

It's not something that you already  have the right to use. Um, and then if we then later needed to purchase or buy an easement  to get access to a trail, then that's going to cost taxpayer money, right? We just are in the  process of doing all of these trails and park um, builds. And so I understand that it is a  future plan, but I certainly don't want to then have us spend taxpayer money to get something back  that we already had. um and if it would be a fast

process to have a slight reduction in the linear  feet and if that would still be able to get y'all the space that you need for the development  that you're looking for. Just a conversation that you might want to have with staff given  that uh what you've heard up here. Thanks. All right. So, we are referring  this back to staff and and they'll let us know on actually yeah  I um so what I'm going to have to do is I'm going to have to declare this public  hearing back open for the third time and uh we are going to refer this back to staff  which means the the public hearing stays open and uh I would encourage you reaching out  to staff and if we can try and find a win-win here and I think I think Bo  are you working on that for a date.

Yeah, I think uh we could do October 20th. October 20th. All right,  Mr. Hamilton, you got that?

All right, so uh the public hearing will remain  open as we refer this back to staff. Uh, and we'll um hear this again on October 20th. A point of inquiry. Yes, sir.

Madam attorney, you might want to uh weigh in this on this  weigh on this one. I just want to understand what's going to happen between now and what  what is the best case scenario that you can theoretically bring back to us that we do a  partial closing and leave some that we might use for a what what's the what's what what might  happen? what what could we possibly bring back to us that would be compelling or or substantively  different than what we've discussed tonight? Yeah, I mean since the plan is conceptual and  there's not a full design I I imagine you know an easement some sort is the uh and and the  best case scenario but that that is the option. Of

course the other option is altering the rightway  to be closed. I am I don't know enough about uh the applicant's intentions in terms of what  you know uh what's to be developed. So, uh, but but the first step will be to sit down and and  have those conversations. Thank you.

I yield back. All right. Thank you. It's been referred  back to council and we'll hear this case again on October 20th.

I'm sorry, back  to staff. Thank you. Next item number 28. Revisions to Durham City Code regarding  storm water facility replacement, fund, and perpetual requirements.

Good evening, Mayor Williams, Mayor Proan  Milton, and members of city council. I am Aken Akinola with the planning and  development department. This item proposes to amend the city's stormwater  ordinance to bring it into compliance with North Carolina General Statute 160D-925 as  amended as amended by session law 2023-108. Specifically, we are proposing revisions to  sections 70-742 through 70-743 and 70-750 through 7052 and the creation of a new section  70-753 within chapter 70 articles 10 and 11 of the city code. Previously, the city required  owners of storm water control measures to provide perpetual maintenance shies or to participate in  the city's storm water facility replacement fund program. This fund created in 2008 functioned as  an insurance fund to provide financial assistance

for the long-term maintenance and repair  of permitted storm water control measures. However, section law 2023-108 prohibits local  governments from collecting or managing such a fund. Also, any payments previously collected  must be returned upon request. In response, revisions to the city code are needed to  bring it into compliance with NGCS160D-925 and session law 2023-108.

The public hearing was noticed in accordance with  state and local requirements. There are three motions that the administration recommends that  city council approve. First to conduct a public hearing to receive public comment on proposed  amendments to Durham City ordinances chapter 70 article 10 sections 70-742 through 70-743 and  article 11 section 70-750 through 70-752 and a

proposed amendment to article 11 to create section  70-753 titled refund of payment into storm water facility replacement fund. Second to adopt an  ordinance amending Durham City Code Chapter 70 article 10 titled stormwater performance standards  for development sections 70-742 through 74-743 and Durham city code chapter 70 article 11 titled  stormwater facility replacement fund sections 70-750 through 70-752 and third to adopt an  ordinance amending Durham City Code Chapter 70 article 11 titled stormwater facility replacement  fund by creating section 70-753 titled refund of payment into storm water facility replacement  fund. Thank you. I'm available for any questions.

Thank you. You've heard the staff report. Colleagues, are there any questions for staff? All right.

At this time, I'll  declare the public hearing open. I do not have any speakers. So, at this time,  I'll declare the public hearing closed to back before council. Again, are there any questions?

Great. All right. At this time, I will entertain a motion to conduct a public public hearing. Do I  have to read that?

All right. Yeah. All right. So, at this time, I'll entertain a motion to adopt an  ordinance amending Durham City Code Chapter 70, article 10, titled Storm Water Performance  Standards for Development sections for development sections 70 through 742 through  70- I'm sorry, let me go back and say that sections 70-742 through 70-743 and  Durham City Code Chapter 70, article

11 titled storm water facility replacement  fund sections 70 through 70-750 through 70-752. So moved. Second. It's been  moved and probably seconded.

Please vote. All right. Madam clerk, please close the vote. The motion passes unanimously.

Thank you. And I'll also entertain a motion to adopt an ordinance  amending the Durham City Code Chapter 70 article 11 titled stormwater facility replacement fund by  creating section 70-753 titled refund of payment into storm water facility replacement fund. So moved. Second.

It's been moved and properly seconded. Madam, please vote. Please close  the vote. And the motion passes unanimously. Thank you so much. I know all of the public  hearings are going to be just as quick, right?

That was 25. Uh number 29 was okay. Yeah. Number um 29.

All right. Public  hearing and approval of the draft fiveyear um consolidated plan 2025 annual action plan and  citizen participation plan. Welcome. Welcome.

Good evening, Mayor Williams, Mayor Prom Middleton,  and members of the city council. My name is Maggie Carnegie, and I serve as the acting  assistant director of fiscal and planning for the housing and neighborhood services department. The purpose of this public hearing is to receive citizen comments on the city's draft 5-year for  2025 to 2029 consolidated plan, the 2025 annual action plan, and the citizen participation plan. The draft consolidated plan specifies how the city of Durham will address housing and community  development needs for the next five years through the use of our community development block grant  or CDBG funding, home investment partnerships

program, home funding, emergency solutions grant  or ESG funding and housing opportunities for persons with AIDS or HOPA funding. These are our  uh four formula block grant entitlement uh funding sources. The five-year consolidated plan will  cover the period beginning July 1st, 2025 through June 30th, 2030. The consolidated plan is carried  out through the annual action plan, which provides more specific details about how the city will use  our formula block grant funding during the 2025 program year.

This covers the period beginning  July 20 July 1st, excuse me, 2025 through June 30th, 2026. The citizen participation plan  identifies and sets forth policies and procedures for ensuring residents are aware of the projects  funded with formula block grants and encourages their participation in the development and review  of all corresponding planning documents. the

support to support development of these planning  documents. We conducted a first public needs hearing on January 21st, 2025. A stakeholder and  resident survey was distributed from June 6 to the 19th, 2025, receiving a total of 42 responses. A  public meeting was held on June 24th, 2025 at 6 PM at Holton Career and Resource Center.

Meetings  were facilitated with city staff, stakeholders, and the homeless services advisory committee or  HSAC to support uh consultation efforts in the development of these planning documents. The city  also examined local housing conditions, community development challenges, and opportunities  for neighborhood improvement. The result is a focused strategy to enhance the quality of life  for our residents, particularly those with low to moderate income through projects that address  affordable housing and homelessness goals. The priorities outlined in the five-year consolidated  plan include increasing affordable rental housing,

home ownership housing, and housing stability  services, and housing prevention, housing and prevention services for those experiencing  homelessness. Over the next five years, these priorities will guide the planning and  implementation of the consolidated plan. On May 14, 2025, the US Department of Housing and  Urban Development, or HUD, notified the city of our entitlement amounts for the 2025 program  year. The city expects to receive1,936,725 in CDBG funding, $977,8820 in home consortium funding,  $176,18 in ESG funding and 1,16,643 in HOPA funding. Use of this funding is outlined  in the 2025 annual action plan. A summary of the projects to be funded includes rapid rehousing  for households experiencing homelessness,

tenant based rental assistance or TBRA, short-term  rent mortgage and utility assistance or Sturmu, supportive services, permanent housing placement  and resource identification for individuals and their families living with HIV and AIDS in  the Durham eligible metropolitan statistical area or EMSA. affordable rental housing and home  ownership activities for low to moderate income households. A section 108 loan repayment, public  services for households experiencing homelessness and administrative activities. Copies of the  draft 5-year 2025 to 2029 consolidated plan, 2025 annual action plan, and citizen participation  plan are available on the housing and neighborhood services web page as attachments for this  evening's agenda item or review in person at the following locations: the City of Durham  Clerk's Office, the Durham County Clerk's Office, and the Durham County Main Branch Library. The  planning documents are available for a 30-day

public comment period as required by HUD. This  public comment period began on July 11th and will conclude on August 11th. A summary of comments  from this public hearing and written comments received from residents during the public comment  period will be incorporated into the final draft of the planning document prior to our submission  to HUD on August 16, 2025 via the integrated dispersement and information system or IDIS. I  am available as needed for questions.

Thank you. Thank you. You've heard the uh  staff report questions for staff before we open the public hearing. All right, I'll now declare this public hearing open.

I  have one speaker, Miss Haley Cunning Cunningham. Welcome. You have three minutes. My name is  Dr. Haley Cunningham. I am the co-chair of the

coalition in the HIV epidemic in Durham. Could  you speak a little closer to that mic? Yes. Um I'm also My name is Dr.

Haley Cunningham. I'm a  HIV care provider um and also the co-chair of the coalition to end the HIV epidemic in Durham. Um  our coalition seeks to unite and strengthen local HIV support organizations by securing equitable  funding and building capacity. Our coalition includes organizations and community leaders with  invaluable experience and understanding of Hapwa, of homelessness support services, and of diverse  populations living with HIV.

At the same time, they are crippled by insufficient funds  and limited capacity, and community members with lived experience remained unhoused and  untreated. The prior two years of HOPWA funding remain untouched and the coalition submitted a  proposal in May um in response to an RFP but have yet to learn the outcome two months after the date  initially promised for notification. As the annual action plan funding chart stands, organizations  responsible for all HOPA activities are labeled

as TBD. The drafted plan states that the city  will undergo a strategic planning process and we respectfully request a seat at the table to ensure  HOPA funding is used effectively and in a timely manner. 5 million for  coordination including $200,000 for HOPA strategic planning to identify capacity building and housing  development needs across the five counties within our Hapwa region. While a significant amendment  was passed in April to amend the consolidated and annual action plans to encompass all possible HOPA  activities, the proposed plans do not include the acquisition, rehabilitation, or new construction  of housing units.

The housing housing development should be included in the five-year consolidated  plan. Finally, the HOPA data presented in the draft states that there have been zero cumulative  cases of AIDS and zero new HIV cases reported in the past year. This is simply not true. At a time  when funds are haphazardly deemed unnecessary at a

federal level, it is imperative that we understand  and correctly report the present degree of need, which is profound. Thank you. Thank you so much. Those are all of the speakers that I have.

So, they've declared a public hearing closed and  back before the council. There any questions? Go ahead. Dr.

Cunningham, could you  would you mind sending your your um speech to us by email? Thank you. All right. Thank you.

Um, so at this time I'll entertain a motion to adopt  the draft pop year 2025 through 2029 consolidated plan 2025 action uh annual action plan and  citizen participation plan upon closure of the public hearing. Moved as read. Second move. Just clarify. So you said to adopt the draft

This is the the draft. Correct. It is the  draft plan. The US Department of Housing and Urban Development will upon their review and  approval will convert it to a final plan.

So, you're giving us the authority to submit this  plan to to HUD via the integrated dispersement information system. Thank you. Thank you. Colleagues, will you please execute your vote?

I need one more person to vote. And the motion passes unanimously. Thank you. Did someone not vote? Did everyone vote? Uh, Council  Member Freeman did not vote.

All right, this is recorded  as unanimous. Thank you. All right, good. Okay.

All right. We'll go ahead to item number 26. All right, but this is going to be a while. So, colleagues,  do you uh want to take a I know we're not doing close captioning.

Would you all like to take  a bio break real quick? We're going to be here for a while on this one. All right, let's hold  on one moment. Let's uh take a quick uh let's just really quick five minutes and um 10 minutes  and get back to it. m.

Am I supposed to I I wasn't going to do anything  yet, but I didn't know if I was supposed to raise it. I think this is probably the right  height. I think Let me see. Yeah, I could just

Let's Let's bring it back to order, please. All right. Thank you all so much. We  can come in and please close the doors.

All right. Thank you all so much. We  can make sure those doors are closed. All right.

Ready for the staff report. This  is item number Which one are we on? 26,

right? Yep. 26. Zoning map change  for one East Lakewood Avenue.

Mayor Williams, Mayor Prom. Oh, one moment  for just a second. Hello. There you go.

Mayor Williams, Mayor Prom Middleton, and honorable  council members. Good evening. I am Payton Burgess with the Planning and Development Department,  and I am happy to be here with you tonight. 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 affidavit of all notices are on file in the planning department.

65 acres and located at 401 East Lakewood Avenue and 600 Fagetville Street. The current zoning is downtown design support 1 and downtown design support 2. The applicant  proposes to change this designation to downtown design core through a general reszoning to allow  for an increase in building height maximums. The

properties are currently designated downtown  on the place type map. The proposed downtown design core zoning is consistent with  the designated place type. As a reminder, this case was continued from the June 16th, 2025  meeting. The public hearing was open, but public comment has not yet been taken.

Thank you. Staff  and the applicant are available for any questions. Thank you very much. There any questions  to staff colleagues before we get started?

Just a just an update from the June 20 June  16th meeting to just say that we were able to coordinate with the applicant and community  members to get uh two two meetings on the calendar. are June, July 16th, and July  24th. Making sure I say and from that uh the applicant was able to well the applicant was  able to hear from residents in the community pe u business owners and folks who gathered at St. Mark Church and then also um after the meeting

questions were submitted to the applicant for  followup and they came back on the 24th and answered those questions um in written format and  that has been shared I believe with all of council um along with updates and a number of materials  and I just want to make sure that the clerk has all of them. Okay, that's all. Um July 31st  was also a meeting too, right? So the July 31st because that was a closed meeting of the  Durham Committee on the Affairs of Black People, um the applicant was able to provide additional  comments and a chance to share updates and um I'll leave it at that.

That's all. Thank  you very much. All right. At this time we have uh so we do have a lot of speakers as we  know in here. Um I probably have about 40 about 40 speakers if not more. Uh so with that  being said I still want to make sure that um

yeah I'll hear from the applicant  as well. Um, but I'll have the uh comments at two minutes. All  right. The How much time do you need uh for your presentation?

Good evening. I  think given the significant public interest, we'd like 15 minutes to make sure we're  addressing all of the updates that Councilwoman Freeman mentioned as well as giving a full  um presentation on the request. Thank you. Good evening, Mayor Williams and members of  council.

I'm Jamie Schwedler with Parker Poe here on behalf of the property owners Sterling Bay  and Akan Group. The zoning case before you tonight is unlike any other that you've heard recently and  that's because it's for a downtown design district core that's completely consistent with all  applicable policies of your comprehensive plan. The zoning is needed to increase allowable  height from DDS1 and DDS2 consistent with your new comprehensive plan policies which state that  the entire area of downtown is just the downtown

area marked in blue on your screen. This includes  the DDS1, DDS2, DDC, and it also includes areas that are not only on the north side of 147,  but many parcels that are on the south side, just like this parcel that's outlined in red. Consistent with that designation, the resoning is to request a DDC designation for up to 300  feet. The height is the only difference in what we're allowed to do by right today and what we're  asking permission from this council to be able to do.

The uses remain the same. Thank you. Uses  remain the same. The regulations in chapter 16 remain mainly the same.

It is simply a change  in height. And because of that, it's consistent with 14 out of the 14 applicable policies in the  comprehensive plan shown on your screen. And that is the zoning case. It's straightforward and it's  simple. But we recognize that the Hatai community and this case are not. Hate of course was a  prosperous black community back in the 60s before

urban renewal and Highway 147 sliced through it. After that time, the Heritage Square Shopping Center was developed in 1985 as an attempt to  bring back that prosperity and it actually had local investors from the community that developed  that shopping center. But the shopping center failed and last year the last of its tenants  vacated it and now it's it's boarded up and it's surrounded by fencing. It provides no jobs, no  housing, no benefits for the citizens of Hay Thai.

We were asked to continue the case from June  16th or we asked to continue the case from June 16th to allow more conversations with the  community and council member Freeman correctly noted that we held two of those meetings in St. Mark Church which were very familiar because they've been host to many of our community  meetings over the past three years. We walked the site with Reverend Pigen and understood  some of the concerns that they had existing on their site from stormwater perspective. And we also met with the Hay Thai Heritage Center interim director and talked about ideas  on how they could possibly facilitate um the

design sheret that we were willing to commit  to in phase one as well as facilitate some new um members that would be able to take advantage  of the affordable um retail that we're committing to and identify that the affordable retail was  an important aspect that the community needed. This is of of course in addition to the three  years of community engagement that we've conducted since this property was bought in June 2022. The  timeline for that engagement is top top of your screen and you can see it stretches from the right  the left side over to the right to today. That includes over 53 stakeholder meetings conducted  to date.

We met with folks in their churches. We met with folks in their homes. We met with folks  on the corridor itself. and we understood that it was important to get into the community and  understand what their concerns were. Those 53 meetings with Hatai stakeholders um are some of  the uh representative groups that are listed below and the key groups there are not comprehensive  but it's important to note that we tried to meet with each of them because Hayi does not have  one leader. It has many and we tried to weave

together the interests and the concerns of all  of them as best we could including Hayai Reborn, St. Marks Church, Hay Thai Heritage Center,  North Carolina Central, the Durham Committee, and many other leaders. They do not all agree on  what Hatai wants. But each benefit offered tonight and in our proposal is response to a real concern  brought to us from one of these community leaders, representatives, or directly from a citizen.

And  we took that three years of public engagement and we developed these community requests that kept  re reverberating through some of those meetings. We developed those into planned future benefits  that the community could enjoy. And we offered to record them in restrictive covenants that would  be binding on the land, including a restriction of the height to 250 ft to match the North Carolina  Mutual Tower, considering equity participation in future phases, and hosting community workshops to  design the commemorative signage that we heard was so important and that would be um at the direction  of community members. Now, some of these benefits and their value are easy to see, but some of  them are not, and so I'd like to list those here.

The value of the community benefits directly  paid in scholarships and donations to the community would total uh 55,000 to NCCU, 55,000  to Durham Tech, and 55,000 to Hayai Promise CDC. Each of those would be to the institutions  for to go to scholarships. We've asked for each institution to prioritize Hayai residents in  their selection in their administration process. um for the Hayai Promise CDC.

As you  know, this council invested or directed $10 million to be dispersed along the corridor  by 2026. And it also had a directive that that CDC become self- sustaining or self-unctioning and  ordered it to um attempt to raise funds so that it could be self-sufficient going forward when those  funds were expended. This is the first private donation towards that CDC's effort that will allow  it to continue its work of providing projects and benefits along the corridor. In addition to that  165,000, we were offering a 5,000 square foot of affordable retail for local businesses at a 50%  discount. And what does that mean? It means we're

reserving 5,000 uh square feet of retail within  our overall footprint, about a quarter of our retail at halfp price rent. It's exactly like an  affordable housing subsidy, except we're paying half the rent instead of the small business  owner paying the full amount of rent. Now, in order to replace this value, that small  business owner would have to rent the same amount of space across town for full rent, and we're  paying that ourselves. We value that at about $80,000 per year.

And we've committed to providing  that in talks with the Hayai Heritage Center uh for 10 years. And so, we look at the value of  that over 10 years. That's an $800,000 investment. Right off the top, the direct benefits that would  be realized would be close to a million dollars.

In addition to those direct benefits, we've put  put a value on the parking that St. Mark and Hatai Heritage Center have both requested and that we've  agreed to provide. We've agreed to provide 10, excuse me, 100 spaces on Sundays for St. Mark plus  four events per year based on conversations with Reverend Prien on site. We've agreed to provide  200 spaces for Hay Thai Heritage Center plus eight events per year based on direct conversations  with the interim director of the Hayatai Heritage

Center. If you look at the value of that parking,  if if the St. Park uh patrons had to park downtown in the city deck right across the street from us  today and pay that hourly rate. They'd be paying $50,000 annually that benefit that we're giving  them for free.

And that's in the preconstruction stage. So as the site sits vacant today and it  surface parking lot, it's only $50,000. But in the post construction after we build our buildings  and create the jobs that we're trying to bring to Hayai, we'd be giving them spaces and structured  decks which cost more money and we'd be paid more by tenants that would otherwise be renting those. And so that value is $95,000 a year.

And remember, those are annually. So those would be annualized  over the course of 10 years that we know that it's going to take to build this out. Both of those  would be provided for free to both organizations, our neighbors. The free 2,500 square foot  of conference space available to community. This was asked um in response to some of the  community meetings and we make it available to the community. Not only uh would citizens be able  to reserve space free of charge, but also Durham Tech and at North Carolina Central would be able  to use the space for their various programs, their

workforce housing, their certification programs. They like to be able to get into the community and provide a walkable, easily accessible place for  folks to gain pathways to education. And we agreed to provide that space for them free of charge. It would also provide a networking area for the young students that are looking to complete  their studies at at North Carolina Central in their real estate school or their entrepreneurship  program.

And we're excited about what that could have been. The cost of rerouting the storm water  pipe away from St. Mark um is or we've allowed for two issues that St. Mark has requested in addition  to the parking.

They had an issue with storm water and they had concerns with blasting and we've  offered to resolve them both. We've offered to reroute the storm water um away from St. Mark site  and to a an invert in the Morehead area on the DOT rightway. The reason that's important is because  St.

Mark had a sinkhole in their parking lot in about 2018. It cost them about $20,000 to repair  and we're trying to divert the water at their request from going into that pipe and off offsite  offsite into the other part of the property. that

would be on our property and if DOT and the city  would allow it, we would design it and install it at phase one and divert their water from that that  pipe that they have concerns about. In addition, we would offer an escrow account for St. Mark to  cover potential blasting issues in the amount of $125,000. Now, I know that that's six times  the amount that I just told you they have from their last documented issue with blasting,  but we believe that that's important because it shows the good faith effort to not only hire the  experts that we've committed to hiring that do the blasting as a matter of right, but they also do  the post docu the pre-documentation and the post documentation when they do the surveys for the  blasting and make sure that we haven't caused any blasting issues.

We don't believe that  there will be any issues, but if there are, there's this pot of money of $125,000 that St. Mark can draw upon in order to to pay for that. Now, these are all offers that have been made to  the church. Those conversations are still ongoing, but it's important to state on the record what  we've offered to do to mitigate these issues that the church has brought to our attention. In  addition, we've committed to exploring historical

signage. I mentioned the community cheret that  we offered to uh conduct in our phase one. The Hayatai Heritage Center again has expressed  interest not only in placing the affordable retail um components and and help helping us find tenants  that can fill that space but also potentially conducting this historical signage to rent. Now  again those conversations are ongoing but they've been offered and we're in good conversations.

In addition to all of those financial benefits we've offered a 1acre outdoor public gathering  space, a small format grocery and at least 15% MWB participation um goal over our full buildout. Now, you can't really put a direct price on these things, but they they undeniably have value to the  community. Each of these things have been asked of us. One moment.

I'm sorry. Sure. Could you pause  the time? Could you uh maybe speak closer into the mic or if Tech if you could turn it up a little?

I might have push the mic a little farther away. Okay. So, push it push it further away from you. The base.

Yeah. Is that better? Yeah, much better.

Thank you. All right. I'll um I'll start with the  historical signage that we committed to exploring in our phase one. Um we studied that and based  on some renderings that were shared with us that would be the full commemorative um signage to mark  the entry into Hay Thai as this property is at the entry of of the historic community on Fagetville  Street.

And we price that out to the tune of of $270,000. And so we're committing not only to  go through the process with the community and to possibly have that facilitated by uh the Hay  Thai Heritage Center, but we're assuming that's going to cost us $270 million now or $270,000,  excuse me. And now each of these are estimates, but they're good faith estimates based on our  knowledge in the construction industry and what folks have asked us to consider and what we've  committed and offered to do for the community to address real concerns that we've heard on  the corridor. Now, each of the things I listed, the gathering space, the small format grocery,  and the MWBE are not really translated directly into dollars, but it's undeniable that they're  valuable to the community because we've been asked

to include them. 3 million invested in this community that wouldn't come otherwise, but for this project. 3 million as a full package to address real concerns that we've heard  on the corridor. That's a conservative estimate.

It doesn't include any tax increases that the  property tax would generate. It doesn't include sales tax or other things it could generate over  the course of those 10 years. And the question before this council then really is whether the  zoning is consistent with the comprehensive plan. It undeniably is.

The community benefits offer  millions of dollars to students, residents, and business owners who are struggling. And no group  has stepped up with the package of offerings that we've made here tonight. There's no combination of  scholarships to these students, subsidized retail for black entrepreneurs, or rerouting of storm  water for a church that desperately needs their

aging storm water pipe to be replaced. 3 million is not enough, that they want more,  that they want an equity stake in the project, that denying the zoning will somehow return the  choice to the people, and that a better proposal will come along. But you seven are called to look  at the reality of the situation. And the reality is that this land is owned by a group who had to  borrow a large sum of money to purchase the land.

and it needs an even larger sum of money to build  the buildings to deliver the over 1500 jobs that they've um indicated that they like to bring to  this community. Just because a group's portfolio is large, it doesn't mean that there's a certain  amount of money that's available to give away. This concept is no different from you owning a  $200,000 home. You don't have $200,000.

The bank has the money. You just have a mortgage payment  and you owe it back to the bank. You have to pay the lender back. That's exactly the same situation  that we're in. The community is asking the wrong

question. 3 million is  enough on the one hand. It's whether they'd rather have zero. And that's the situation that we're  in tonight.

But more than that, this application led the genuine community engagement that this  council has asked us to engage in for 10 years. Whether we satisfied everyone is not the  test of whether it was genuine or whether it was effective. We did the work. We attempted to  resolve as many issues as we could and we've put put forth a landmark amount in an a community that  really needs this investment.

However, due to fear and some misinformation, some community members  appear to think that a denial is truly in their best interest. They believe they'll get more  with a denial. They believe a better plan will come back and then another Wait, could you pull  back maybe in front of the microphone? So when you look Yeah.

when you look down, we don't hear  you. Okay. So if it's backed away a little bit, then we can hear everything you're saying. Okay. They believe a better plan will come back. They

believe a developer will offer more money and that  they'll somehow get a better deal. But that is not the reality. The reality is if this plan fails,  other developers will look at this and they'll take their money and they'll invest in Raleigh. They'll invest in Kerry.

They'll invest in RTP where they know they can build a project and pay  the lender back the money that they borrowed. And that leaves Hayai with no jobs, no housing, no  millions to invest, just a vacant parcel like it sits today. We stand by what we tried to do  for the Hayai community and the process that we led and it was genuine. It's not like any you've  seen before and I stand by the integrity of that.

We mourn the loss of what could have been had  this community been willing to accept millions of dollars for its young students and its black  entrepreneurs and the opportunity they could have afforded on the corridor. The reality is  the denial does not help the people of Hatai, but neither does two hours of public discourse  when it's clear that the writing is on the wall. And so for that reason, we respectfully request  that the council allow us to withdraw this case,

which I understand at this point in time  would have to be from a motion from the council at the table. And we respectfully ask,  is the council prepared to make such a motion, please? Let's have order. Hold on one second.

One moment, my police colleagues. So, Mr. Mayor,  um this public hearing, as everyone knows, has been open since June 16th and was continued  to the state. The governing body has the right

um and the authority to allow an applicant  to withdraw an application for a zoning mount change at any time, any time up  until approval or a vote. 7B4 of the unified development  ordinance. Okay. Just to be clear, you requesting to We're request again.

We're  requesting to withdraw the application from the council's consideration. The case would be over. Okay. And we have to vote on the withdrawal.

Okay. Yeah. Um uh I will could I get order  in the in the um count chambers please colleagues? Uh to my understanding I'm  sorry we need to have order in the chambers. To my understanding, we still have to approve  whether the request by the applicant is to

withdraw their application and you just need  to vote it up or down. Will you allow them to do that or will you require that the case move  forward to a vote on the merits? All right. So, I don't I don't have written language for that.

So,  I would just ask the council for their preference for it. Attorney Raber, could could you say the  statute one more time? 7B4 of the unified development ordinance. It's not a statute.

It's it's our UDO. Okay. 7B4 [Music] of Durham's unified development ordinance. It allows an applicant to make a motion to  withdraw their application. And when the public hearing is already open, that subp paragraph 4  puts the matter before the council. If if it if the motion to withdraw occurs before a public  hearing has been opened, then potentially the

planning director could have responded to that  request, that sort of thing. But because the public hearing is open, it is now before the  council. All right. So this is not direction.

It's an actual vote. We take an actual vote. You are voting to allow them to withdraw. Okay.

Council member Freeman. Oh, Mayor Prom, I'm  sorry. You were first then council member Freeman. Hi.

Uh folks, we're going to need  order in the chamber, right? Um thank you, Mr. Mayor. I uh it it would I mean, we already  have the the applicants money for the application process and it would be unprecedented for  us.

I mean, we've we've let applicants have continuences. We sometimes we've recommended  the continuence to applicants. Um it would be

unprecedented for us to make somebody if they want  to spend their money all this money they spend on the application process and then withdraw that is  their right. It it is I can't remember a time uh I don't I don't think since I've been on the council  uh that has happened. I I would uh observe that, you know, the significant amount of community  input we've had, that was one of the things I heard people ask for that they would just go away  and leave Hayai alone. It seems like you've gotten your victory.

Um if they want they want to that  Excuse me. Excuse me. If if and it's their right. um we we're not we're not refunding their  application money uh or the money we've spent. So if this applicant wants to spend the money  on the process and and not want to go through, I see no precedent legally or logically  or or morally to make them continue. It's

their right. And with that, I'll I'll offer the  motion when ready. Uh, Council Member Freeman, I I would just um I appreciate uh your offer and  I think what I'm most concerned about is that for two nights we've had folks sitting in the audience  the entire time and don't don't just just knowing that you know the people haven't been able to  speak and I I want to say that that there was a lot said in the town hall meetings and I'd hate  for council to not hear those points because I do think to Miss Swindler's point, they were robust  conversations and a lot of things were said and I could try to repeat them all and not cover half  of what was involved and I do think that it's gerine to this because I don't think that anyone  in the community said they didn't want to see a development. They had very specific requests  um about how the development should happen,

how um a developer coming in should be like  a neighbor. um making sure that the developer was in partnership with the community like I don't  want to miss for future conversations because I do think this will come back at some point um whether  in different format with different owners whom however it came back I do think that those points  should be on the record for the council to hear if the if the case comes back it would have  another public hearing. So I I mean by repeat that I said if the case comes back it would  have to have another public hearing unless they did something by right but then there is  no public hearing by right. That was the that that was the risk that community said like  community has said very loudly and clearly we have lots of folks here tonight.

I  I think every single one of us attended at least one of those forums uh this summer  right? Um, I only was able to go to one. Um,

but they're withdrawing their application. So,  there is no project there. The what folks would be talking about wouldn't exist because  they're withdrawing their proposal. So, folks, we are going to have to be able to do our  job up here.

So, I'm going to ask that we keep order in the chamber respectfully. And I'm I'm  I also need to hear my colleagues as well. Um, did we finish? No, go ahead.

Thank you. Uh,  a public hearing is to hear the merits on a case. My understanding is that there is no case  because the applicant's asking to withdraw their application. So, I don't know what we would  be doing.

We would be having a town hall on a thing that doesn't exist anymore if we follow  through with what the applicant's asking. And if it does come back before us, which there  have been other proposals that have either failed or withdrawn and come back to the table,  there's always a subsequent public hearing. Yeah. I I'm just I'm reading the UDO and so I  think it's an important distinction that this

if it's done tonight, this is it might be by  their request, but it would be coming from the council. So it would be a council motion. It  has not formally been at this point in time. the only the only way that that it can be  withdrawn is if the council initiates it.

Um if the if the applicant wants to initiate it, they  can do so by in writing before the public hearing, but because the public hearing has been open  for two months. Um and and that's exactly I think what the attorney was saying, but because  the public hearing has been open for two months and technically there is still a project,  these folks have come twice already. I would agree with my colleague that I would be open to  hearing the public comment and then the motion I think is on the table and we could vote on the  motion after the public comment is received. Thank you.

Uh thank you colleagues. Um th this  this is still a government body and this is still an official function. If listen, I'll comm  name the time and place and I'll commit to coming

to any town hall and listening to everything  that wants to be said. However, there is no case. It this is not open mic. There has to  be a public hearing in pursuit of something.

um and to keep to keep fidelity with our charter  and as a government agency if the case does not exist then there is no public hearing a public  hearing is not just hearing now on Thursdays at our work sessions folk can come and have public  comments on whatever they want but if there is no case before this council as a government body  there are things we have to keep fidel that's the job and if if we're having a public hearing in  pursuit of no vote of Then then what what are we doing as a government body? If we're not going to  vote then excuse me, excuse me. If we're not going to vote, then there's no public hearing. But  I, you know, I I know folk have prepared stuff and and want to say stuff and and we can invite  cameras if if if folk want and and we can come and

we can hear everything because I think there are  some conversations that we need to have. I think um there's now that we've gotten our no when  something happens there by right are we going to bring the same energy to raise the money for  St. Mark? Are we going to are we going to bring the same energy by pulling our funds and buying  our land on Fagetville Street?

I I've I've seen some post about giving Hayai away. Giving away  implies ownership. We don't own it. So, so we we we get our victory tonight, but tomorrow morning  if if if if something is built there and St.

Mark is damaged and we don't have the same energy  trying to raise money for them, don't ignore the call when you see Durham City government on  your phone cuz you won't have to come talk to me. I'm I'm going to come talk to you. I'm going to be  looking for the same folk and the same leaders who brought all this energy here because we still  tomorrow it'll still be empty. We still won't have a fund to to to to buy land. It look how many  years did it take us to get 10 million a a measly

$10 million down payment on the Fagville Street  corridor. But we've shown up for a whole lot of other causes and helped other folk get stuff  passed. When we had those majorities, that's when we should have gotten our multi-million dollars  for Favville Street. That's when we should have asked for our root cause initiatives then.

So  brothers and sisters, we can have a conversation, but this is a government proceeding. There is no  case and therefore there is no public hearing, but we still need to talk. I yield back. Council  member Freeman, thank you.

I would just repeat what council member Cook said and that there  is a case. The case is still in front of us. The public hearing is still open and it is up  to the council um whether we hear it or not. I think what I'm what I'm trying to stress is that  this could have been a very different context and conversation if Miss Swindler would have just said  she didn't want to move forward in an email, but she stood here for 10 minutes and gave her side  and you didn't hear anything from anyone else. No,

Council Member No, Council Member Freeman, I'd  like to respond to that. And you could have, but that's please order. Or order. And so it just  it just just because this is the second time.

The first time we continued it this time we're  withdrawing like you're requesting a withdrawal but in both instances it's still it's still really  dis disrespectful of folks time. I mean where it's 9:30 from 7 o'clock at some point she could have  text you and said she was going to withdraw. You could have you could have not moved the cases  around like all of that could have happened. That's what I'm trying to emphasize in  that maybe it's you should just allow the pe people to just say what they need  to say.

They stayed here for three hours, you know. I'd like to explain the timing of it  if I may, Mr. Mayor. One moment, please.

Yeah, just a a couple questions um for the the  city of I'm sorry, Council Member Baker. We have to be able to do our job. And if you it  like it or not, folks, we got to be able to do

it. All right? So, please I know there's a lot of  passion around this project. Trust me, I know.

But allow us to do our job for you. Okay. Couple of  questions for the city attorney. And and if you need a moment to to think about these, obviously  we were not anticipating this um request.

Uh I want to ask, are there substantive differences  between voting a case down versus voting uh in favor an applicant who has requested a case  withdrawal? For example, is there more or less time on one or or the other avenue for reapplying? or are there any other substantive differences? So, that's um that's one of my questions. And then  if I just want to clarify what our options are here, option one is the request is on the table  to uh to vote uh to make the motion and vote in

favor of the withdrawal. If we vote in favor of  that, the case is withdrawn. If we vote that down, then we proceed with the public hearing and then  voting on the actual case. I just want to clarify that that is that is the the avenue.

So those  are my two questions. Just want to clarify and then also that first question which is are  there substantive differences between a case that is withdrawn versus a case that is voted  down. As you mentioned, council member Baker, I probably need some time to research this, but  you know, when a case is voted down, generally there is a period of time before an applicant  can bring it back, right? So one year.

Yeah. Um I have to check to I don't think if they withdraw  that waiting period applies. I don't think but I would like to research that. I will say the  way that I have received what the applicant has said tonight is akin and I know we're not all  lawyers but council member Cook is. It's akin to a

litigant saying I would like to dismiss my case. This is a motion to dismiss. And so in my mind, it would be more appropriate in the order of  things for the body to vote on the motion before it proceeds any further with another part of the  proceeding. There's a motion on the floor.

She she's making the motion. You can of course ignore  the applicant, but as I read this provision, you know, if the applicant has to withdraw in  good faith, the council should vote on that. I got it. Um, one second.

I Let me go here and  then come back up over here. You wanted to say something to the I just wanted to clarify. We we  just got the authority to withdraw hours ago. Um, and because the public hearing was open, the  proper procedure as to the attorney's I'm sorry. Again, I'm going to ask for order. The proper  procedure is that we still have to appear and

state that motion on the request for the motion on  the record. Council member Rrist, another question for Madam City attorney. So, um, on that second  question about about the sort of the timeline after either a denial or withdrawal, I don't know  whether the planning staff may have is that more of a I don't know if uh planning staff may may  know better than I do. Um, whether if a if an application is with withdrawn if it's subject to  the same waiting period before the application before the project can be brought back.

Um,  Erin Kane with the planning department. So, we're looking at that right now. I've never been  here where there's been a request. This is this is uncharted territory for many of us.

Um we're  looking at two things. One of which is 357D which talks about resubmitt of withdrawn applications. Um it says no application that was previously withdrawn or voided may be submitted in till at  least 6 months have elapsed. And then if you look

at 3515A, [Music] it says when a government body  governing body has denied a zoning map change, no new application may be filed for a similar  zoning map change until at least 12 months. So there's a possibility that there would be a  six-month delay versus a 12-month delay for any u future resubmitt. But again, this is us looking  at this in the back end. We would want to consult with legal to make sure that we're interpreting  that correctly.

Council member Freeman, I think just to that point, I think you could see my  point in that when you stood up and gave a speech, you didn't start with, I'd like to withdraw. You started with a explanation of what happened and you gave a whole siloquy about a lot  of things that you felt like needed to be said. That's what I'm So the same should  be applied to the other folks in the room. That's That's fair. That's  all I'm saying. That's it.

Go ahead. Thank you. I think that if we are  going to do that, the applicant had 15 minutes per procedures. It's 15 minutes.

I'm I we also  have another zoning case that has a lot of folks here tonight. Uh that is also controversial. And so we can vote to to the attorney's point. I think we should vote it up or down.

And I  think that if it does, if the motion fails, because that means we're not going to let her  withdraw, then I do not think we should be it per procedures. It is, it's your prerogative  whether you want to extend it past 15 minutes. But we just updated our procedures. It's 15  minutes for either side.

And the uh attorney only got 10. So I don't think that if we are going  to open it up to council member Freeman's point, it's not going to be all 40 folks that that signed  up. So that that is right because we have another uh to your point, there's a lot of folks  here for another case after this one. Yeah, just uh again uh I came here prepared to  listen to every comment tonight on this case.

That's what I expected to happen. But point of  order, if if the the opponents of this, what are they speaking in opposition to if the applicant  has withdrawn their case? There's nothing to oppose. And and I think the stat I think I think  the statute is clear.

I think we need to go ahead and vote on Listen, we we don't compel people if  they want if Listen, they've spent a lot of money in this process to get to this point. if they want  to leave that money on the table and withdraw, that is their right. They have the right to do  that. I I think I think this withdrawal should be read.

Um while we may lament and be upset  about not being able to speak tonight, what is the ultimate victory we were looking for? This  withdrawal is a reflection of the efficacy of your organizing. They they have raised a white flag. They have yielded.

What are we still shooting at now? bec. So if and again if we if we if we want  to have that was a rhetorical question. If if we

have if we want to have if we want to have a a  town hall where we want to further talk about it, I think we should because we as again we need  to talk about what we're going to do before we get in this position again as people who don't own  the land. So we do have some things to talk about, but right now from a point of order, Mr. mayor,  there is nothing to well pending the outcome of the vote, which we need to do procedurally, there  is nothing to oppose because they've taken their money, their ball, and going and they're going  home. Point of order.

Okay. Um, Council Member Freeman, colleagues, I'm going to take a few  last comments and then I'm going to close. I just want to make sure I'm clear. Um, because I  do I do appreciate U.

Mayor Potim's comment about, you know, they're withdrawing. and they're waving  a white flag. But if waving a white flag today means they're back in February, that's not a  white flag. That's a play that they're pulling on. Okay. Whether it's their right or not, I  think it's important that we as a council just

in the context of how all of these because the  mayor was was not present for those town hall meetings. I do think it's important that you do  hear and because the you know council member risk wasn't at one and at the other like I think it's  it's important that you do hear because it there was a lot more than just um feelings shared. There  was really like vision. There was really like an opportunity to think about what could happen  here.

And I do think that that should be on the record for the city to for this location. All  right. Thank you. I um so what I will do is uh I colleagues I have um I've  been asking the question uh if this isn't what you want then what do you  want?

I've been asking that question. I have not gotten a clear answer but I still want that  question answered. Uh and in the last meeting we

" Uh  and so before we take this vote, because we do have to take this vote. Um and I hope that everyone will take this proposal  up. I'm going to make this proposal on the spot. I'm going to ask that we do have a planning  meeting.

I remember at the Walltown community, uh, Council Member Baker and others, you  guys did a a small area plan meeting with the community. You put together a plan. I'm going  to ask that the same thing happens here. Um, and I would like to commit a couple of hours to  this.

Um, I will say after looking at, you know, everything and no, I did not go to the specific  meeting. Um, but as I said before, I was much more engaged in this case than than not. Uh, when  I look at this case on paper, it you would think that it's a no-brainer. If I look at the past  behavior at the council uh and studying you all,

I would think that it's a no-brainer. However,  I did say this case is special and I will listen to the folks that are actually um have DNA  in the soil over there. um without stating where I was initially going to vote uh on  that. I hope that if we can put together a um and Miss Anita, I'm looking at you because  you were the leader.

You stated that several times in our in our correspondence. I hope that  we can pull together an actual planning community planning meeting because I do I'm curious what we  are going to do over there because there is $10 million that we've made the investment for and I  want to know how that's going to be supplemented. So, whoever deems himself a community leader  in this neighborhood, I hope that we can come together and pull together a community planning  meeting because I am so curious. If not this, then what?

And I want to be able to support that. But it can't be all no and then don't respond with something. But we got to have something. I'm I  I don't want to drop down to NCCU and continue

to see the same thing. I want this to be one of  the most vibrant neighborhoods in the city of Durham. And right now I don't know what that looks  like. So what I will do, colleagues, I'm going to call for this vote and whatever the vote is then  that'll determine what our next steps are.

But I before we take this vote, I will say I hope that  we could pull all these folks together again and everybody come with their notepads and come up  with some ideas. And if we can't accept that, I don't know what I don't know what there is  to accept. Okay. So, with that being said, uh Okay.

All right. So, at this time,  I'll need a motion to accept the um the applicant's motion to withdraw. I'll make Are you making a motion? I I'm I'm  only entertaining a motion right now.

Yeah. So moved. So moved. Is there a second?

Second. Okay,  colleagues, this is a motion to hear. This is a

motion to with to accept the the applicant's  request to withdraw the case. Please vote. We will not speak from the floor. I only have five votes.

Okay. All  right, Madam Clerk. Um, please. And the motion passes 5 to2 with council  members Baker and Freeman voting no.

Okay. I'm looking to the community. I'm looking to community leaders to pull this together. All right.

And I'll  be there and I invite colleagues as well. All right. staff. We can prepare for the next one.

Congratulations. Just a few moments, please. Sounds good. All

right, we either need to have a seat or let's go ahead and get the doors  closed so we can keep going. Let's go ahead and if you're  going to leave the room, let's clear the room. If you're going to have  a seat, let's have a seat so we can get going.

All right. Thank you. Next case is item number item number 27. Thank you, Mayor Williams,  Mayor Proton Middleton, honorable council members.

Good evening. I'm Andy Lester with  the planning and development department. It's going to be Hold on one second. It's still  a little hard to hear with the door open.

Thank you so much. Thank you. 52 acres located between South Austin Avenue. Could you get a little closer on the  mic, please?

Sure. Can you hear me now? Yeah, there's a sweet spot, right? Uh yeah. Um between South Austin Avenue and

South Hullman Street and adjacent to  East Main Street and Anger Avenue. The current zoning is industrial light,  residential urban 52, residential urban multifamily, and commercial general. The  applicant proposes to change this designation to industrial light with a textual development  plan. The applicant is proposing to reszone the properties to allow civic, commercial, and some  industrial uses while limiting auto oriented uses.

The property is a currently designated transit  opportunity area on the place type map and staff would like to acknowledge that at the April  8th, 2025 planning commission public hearing, the proposal was found to be generally consistent  with the transit opportunity area place type. As the proposal prohibited many industrial uses  and autooriented uses within the development plan. Since then, comment and discussion provided  during the planning commission meeting has led staff to re-evaluate re-evaluate its earlier  recommendation. The proposed industrial light

with a textual development plan has since been  found generally inconsistent with the pl the designated place type of transit opportunity area  due to the lack of permitted residential uses, the permitted light industrial uses, and the  projected lack of employment density. Should the zoning map change be approved? Staff  recommends the place type designation be changed to mixed employment. Thank you.

Staff and  the applicant are available for any questions. Thank you. Are there any um technical  questions or comments to staff? All right.

At this time, I'll declare  the public hearing open. There any uh any applicant? Hey there. How  much time do you think you need?

Try to be brief given the hour. 15 minutes. All  right. Put 18.

Thank you. Welcome. Thank you.

I don't want to waste any time, but hey, um, can  you do the clicky thing to put it in presentation mode again? Presentation mode. phone a friend. She did like two clicks earlier.

While we're while we're getting started here, let me go  ahead and introduce myself. Uh good evening, Mayor Williams, Mayor Pro Tim Middleton. My name  is and members of the city council. My name is Laura Hollowman and I'm the project planner  for this case um with McAdams 2905 Meridian Parkway here in Durham representing Durham Rescue  Mission.

Joining me tonight is Sarah Van Every, also with McAdams, and representatives of Durm  Rescue Mission, including Pastor Rob Tart, who you'll be hearing from later, and the project  attorney Brian Crawford with Michael Best. Through this process, we have learned that there are many  folks out there, including myself, turns out, who had some gaps or misinformation about Durm  Rescue Mission and just what what it is all about and what it is not about. For that reason,  I would like to turn it over to Pastor Rob Tart to

briefly share some facts about our Durham Rescue  Mission before I talk about the zoning request. Good evening. Good evening. I am Rob Tart, CEO  of the Durham Rescue Mission.

On the 1st Monday, August 1995, I came to work at the Durham Rescue  Mission. Today is essentially my 30th anniversary of the rescue mission. Mr. Tar, if you will keep  reference to where that microphone is.

is is it it picks up well, but it's sensitive. If you move  around, you disappear. Yeah, it's hard for me to do that. But thank you.

I um we've come before  the city tonight because I've had this idea, this dream, not just me, but us at the mission  about a career development center for a long time, but there's been a lot of discussion about this  place. And I want to talk about why we need this place, why we need a career development center  in Durham. Uh the mission has made every effort we can to listen to the community. We want to be  good neighbors.

We've listened to the planning department. We want to build something that is  commensurate with the neighborhood and and in keeping with everything that's going on in the  neighborhood. And if you look at the projects

we've built over the past 15 years, frankly,  I think we built some very nice buildings and complemented the neighborhood. We haven't  built a bunch of junk. We haven't built a bunch of bad stuff. We've just built some brick  buildings and I think they look quite well.

So, why does Durham need this building? And the answer  is because the homeless problem is not getting any better. Here at the Durham Rescue Mission, in  the past three years, we've had a 40% increase in those who need our services. And that's not  just here in Durham.

According to uh 2024 surveys, 771,000 people have been determined over 771,000  been determined to be homeless in the United States, marking an increase of 18% or 118,000  people in the past year from 23 to 24. This is the largest number of homeless people ever recorded in  America. The problem isn't getting any better. So, what do we do with this problem with all the  homeless that is growing and becoming more of a more of a problem?

Historically, all we've done  is build more beds. But it has to come to a point where we ask the question, how many beds can we  build? And who are we really helping when we build

all these beds? I wouldn't suggest instead of just  building beds and giving somebody a few days stay or months or whatever it is they need and maybe  get them a job, we work on focusing and helping them work on some direction in their life, some  purpose in their life. and maybe instead of just getting a job helping them to build a career. Most  of us are defined by the jobs that we do.

She is a doctor. He is a mailman. Some of our landscapers,  whatever, barber. Your job often defines what you are and do.

And we find satisfaction and reward  in that. And that's what our lives are often built around. But when people don't have that, when  they have that lack of purpose in their life, gaining stability is a fleeting goal. I remember  years ago when I first came to the rescue mission, there was a storm coming through and in the winter  when storms come through, we go into what we call operation warm shelter. Today, the city calls it  white flag. When we do this, we go out into the to the community, we go to the homeless shelters,  I'm sorry, the homeless camps and different places where homeless would be, and we try to invite  them into the rescue mission to get out of the

weather. And uh I went to this one store one time  doing this and I thought this looks like a place where they might go and try to get in out of the  weather. I talked to the guy behind the counter hoping that if somebody come in there just to get  out of the cold and he didn't and they needed a place to go to to to leave some flyers with them. " And if it were  just that easy just to go get a job, then then our job would be easy because I mean it's much more  serious and much more difficult than that.

just getting a job that is a entry- level job with no  ceiling or too low of a ceiling, no opportunity, no future, that can sometimes be more detrimental  to a person than doing nothing at all. However, if someone finds a path or a vocation with something  they can do, something with opportunities for growth, something that will give them a future,  you do more for their self-esteem when you do that than any therapy can happen. So, why does Durham  need this building? I want to suggest because it will allow us to approach the homeless problem  in a different way and not just get them off the

street or out of the way if you will, but to help  them stand on their own, find meaning and purpose in their lives. And I honestly believe that we  all want to help the the the homeless. I honestly believe everybody here wants to help the homeless. We're not asking for anything but permission to do this in the most efficient way.

We're not asking  you for money. We're not asking you for anything, but just the ability to build this building  in the most efficient way so that we can help the most people. I'd like to notice a few things  about what is Durham Rescue Mission. First off, the Durham Rescue Mission is Durham's oldest and  largest shelter, homeless shelter around.

We offer not only emergency emergency housing, transitional  housing, permanent supportive housing. We provide clothing and so many other services. were open 24  hours a day, 7 days a week, 365 days a year. Last year, we served over a half a million meals to  people, almost 185 over 185,000 nights of shelter, and and just lots and lots of services. I won't  waste your time and tell you all these different things, but I want to read a statement. This is  what we're trying to do with this this building,

what we're trying to do with the rescue mission  in general. We believe that every person has been given a calling and through his this calling we  will help them to walk through that calling in that calling with confidence and dignity with  a focus on both practical skills and personal growth. We aim to empower individuals to break  free from the cycles of hardship and move towards independence. That's what we're trying to do in  this building.

These are just some some classes and trainings that we're looking at doing. I got  an expanded Oops. Thought I had another Okay. Well, this just some of the things we're  trying to do.

We want to do some CDL training, culinary arts, retail management. We're also  talking about uh do some coding, CNA training, and different other training. We want to bring  in here jobs that don't require college degree. Many of them don't even require high school  diploma, but jobs that can be developed into actual careers for people if they're given the  opportunity.

Because so many of our clients, frankly, almost half of them don't even have a  high school diploma. So when they're dealing with so many things fighting against them, we want  to do what we can to help. I'll turn it back.

So why is this needed and why are we here? The proposed zoning as staff said is for 15 assemblage of parcels, 15 parcels totaling  just over three and a half acres to industrial light. Reszoning process has not been quick or  efficient, but that's okay. This is these this is an important project and important projects  take time.

We had a presubmittal meeting with staff of course. We had community engagement  meetings. We submitted the resoning request that went through the neighborhood process. We had  another virtual neighborhood meeting and we went to planning commission.

And we got a lot of good  feedback and what we got was really the need to connect in person with folks and that's why we had  a voluntarily name excuse me a voluntary community meeting at Durham Rescue Mission and we got a lot  of good feedback and a and a good attendance of that meeting and now we're here tonight uh for  the public hearing. So this is existing zoning um surrounded by uh like-minded uses. There's a  lot of industrial sites and some residential sites

as well. Last place type designation. This is a  a mixed employment area. We agree with staff's recommended change.

However, this this seems  very technical um because it's it's it's ironic to me that a a career development center we get  pegged being against not not having strong enough employment when that's really what we're trying to  establish in the first place is having is giving these these folks an opportunity to to build and  create their careers. So, uh what everyone wants to wants to ask is well what changes have we  had in response to the community meeting? Well, um, in addition to revising some of the  colored renderings of the feature, uh, community development center, which you'll see  later on in this presentation, we've also limited the permitted uses even further. Um, because we  had her a lot of the the community feedback of, well, if you know exactly what you're wanting to  do, then why haven't you limited the uses? So, we took a scrub and we limited a lot of the  otherwise permitted uses. Uh, not to not to go

um into into everything, but it really comes down  to eliminating a lot of the wireless communication facilities, the gaming operations, hotel,  motel, convenience stores with gas sales, vets, kennels, office research and development, medical  offices who are typically hightraic generators, you know, just to name a few. As let me just  go back to this. As as pastor start mentioned, the reason we are doing this is to centralize  services for Durham Rescue Mission right now to provide critical sources resources like career  training classrooms council counselors and mentors uh their retail store. Those are currently spread  over five locations and buildings across Durham.

This means that critical resources are spent  transporting to various locations. Bagged lunches are made for employees and attendees. This  is resulting in loading and unloading and creating a disjointed carbon footprint by transporting  folks to and from including counselors and

unnecessary trash that ends up in landfills. With  a new facility like what we're envisioning being proposed means that all these components would  be housed under one facility. One with current and working HVAC services because a lot of this  stuff has been um you know coupled as best we can to make things work for folks don't have to  get bus to and from and get a bag lunch. They can now walk across the street and enjoy a hot  meal from the cafeteria which is is better food.

This is something um in addition to feedback, we  also heard um additional comments, you know, what are what do we what assurances do we have on what  the building will will be situated on site? So, we've we've added a a condition that limits the  maximum building coverage to 75,000 square feet. We also heard from staff as well um wanting  to contribute to that um that transit and so

we've committed to constructing a concrete bus  landing pad to meet go durm standards. That is so tremendous for a nonprofit organization like  this taking muchneeded services and investing it into the city. It's a huge ask. There's  two existing structures that are located um on site and we heard a lot of uh discussion  and questions about what would happen to them.

So Durham Rescue Mission is committed to saving  those and relocating them within the city of Durham. Um increasing their their tree coverage  currently on what's on that assemblage of of parcels is not vacant forested land. It's existing  structures. It's where the previous structure that burned is.

It's a lot of gravel and impervious. We're actually going to put more trees on there than what's currently there. We're specifying  that these trees will be uh native. We're also specifying, we also heard things to do to limit  the heat island. We're also establishing a natural

area at the at the southeast quadrant of Andrew  Avenue and South Hullman Street to try to give asurances that we're not that this is that again  we're investing in the green fabric and this isn't isn't just going to be a paved parking lot. We're also limiting the building height to 35 ft. This is so important because as you know  with most residential zoning districts in town, the maximum height is 35 ft. So, we really wanted  to establish meeting the community scale here, not increasing the allowable height about um  what's currently seen within the community and not going higher than any um existing single family  zoning district. So, we're limiting that to 35 ft, which uh we believe, as you can see, is in  scale with the surrounding neighborhood. This is the career development center that  that that pastor um tart so so eloquently

talked about. You'll hear tonight from folks  that have that have enjoyed and benefited from these critical services in Durham. I appreciate  y'all's consideration for the zoning request. If you approve this tonight, you'll be saying  yes to an attractive project that fits in with the framework of the existing community with a  similar building height and native plantings.

You'll be saying yes to the construction of a  bus pullout pad on Durham Rescue Mission's dime on the east side of South Austin Avenue that will  serve the entire neighborhood. You'll be saying yes to the career development center that supports  equip equipping local citizens for opportunities such as obtaining a CDL permit or working in in  industry such as culinary arts, retail management, data entries, graphic arts, and more. You'll be  saying yes to fresh investment in the community. Investment that leads to mo more people equipped  to advance professionally, develop personally,

and contribute positively in Durham. quite frankly  are saying yes to changing lives. Thank you very much for your time and attention to this case and  we welcome any questions you may have. Thank you so much.

Just some terminology here. You said bus  landing pad and you're you're talking about CDLs as well. Bus landing pad is a bus stop, correct? It's a it's a concrete pad.

A concrete pad at a bus stop basically, right? But CDL, so you're  not building a bus training facility on property, correct? All right. So, it will go elsewhere to  I'm sorry, I'm not I'm not understanding you.

Did you say CDL training as part of the workforce? Yes. Like just programmatically. Okay.

All right. I just wanted to clarify there. It's not going  to be a bus training facility on site because you kept saying bus landing pad. It sounded  confusing because bus landing pad is concrete slab to have a bus stop. CDL training as part of  the programming that they would provide I guess

the classroom experience and then the practice  elsewhere. Okay. Correct. Thank you.

Thank you. Uh yeah, I have a lot of speakers 27. All right. So I'm going to call up the  first five speaker.

That's my invisal lines. I'm going to call up the first five speakers. Um, Laura Hollerman. No, that's the I'm sorry, Laura.

Um, Rob is the applicant. All right. William Riyles, Jason Lloyd, Darren Sherry. Oh, yeah.

That's right. Chloe Palinger. Okay. Uh, welcome.

You have three minutes. Thank you,  Mayor Pro. I came here to talk about the drone

rescue mission. I graduated from this program and  uh now my name is William Riles and my current day as today I work for solid waste department as  a driver. Uh the D Rescue Miss Commission has a sign out front that says uh we offering a hand  up, not a hand out. And to me and to a whole lot of ladies, gentlemans, that mean to them, they  put their families back together.

They got their children back together and stuff like that. So  they become uh responsible in the community. Hey bro, I'm sorry. But you just also gives D  rest commission also gives at Christmas time, Thanksgiving time back to school donations  and stuff like this right here.

So the D race commission is a very very exciting part  of the community and I thank for helping me out during my struggles and my time. Thank  you very much. Thank you. There I'm not sure

where the button is but I'm going to take this  chance and think you can figure it out. There's a button there. You may be able to sit on your  side. You can lift that podium up.

Right under. No, further down. Further down. Yeah.

You're the first person, you're the first  resident in Durham, North Carolina to figure that out. Thank you. Um my name is Darren Cherry. Um I'm here for the behalf of the of Durham Rescue Mission.

Um, I came to the Durham Rescue  Mission in 2023. Um, I stayed for two years. Uh, just transition out of the Durham Rescue Mission  in um, what is it? July the 15th.

No, August. No, July 15th. Um, I currently now working  at Walmart as a team lead associate. Um, dur rescue mission has saved my life, restored  my life, but I now got my family back. Uh,

I enjoy time with my mom. I was fighting so hard  for to get my mom out of the situation that she was in and to help Durham rescue Mission and I  I began working at the Durham Rescue Mission. I started in the volunteers office. I started  saving money and then I was able to get my mom out of the situation she was in.

She's now living  with me here in Raleigh. Smooth Raleigh and hey the Durham rescue mission saved my life and I I  greatly appreciative. Thank you. Thank you.

Next take a chance. I would like to say that the Durham City Council  chambers are equitable at this time. We can meet all needs especially height. I'm vertically  challenged.

So, thank you. You're vertically appropriate. Okay. Thank you.

I appreciate it. Um and thank you for allowing me to speak here in front of the city council. Um in September of  2024, I was walking back to the extended state.

Just just pull that mic to your Tower Boulevard  where I have been living for three weeks. I have been out all day unsuccessfully looking for  work and running out of time and money. As I headed back to my room from the bus stop, I saw  a sign for the Dorm Rescue Mission thrift store. And I would be dishonest to say that I connected  the store with the mission and knew what it would eventually mean to my life.

I was at the  lowest point. I had not had a full night's rest in months. The week I called the mission,  I barely slept at all. I woke in the morning to fear and laid down at night to despair.

I could  not understand how after being self-sufficient for over 30 years, I had run out of solutions. What was worse is that I had run out of hope. " Homelessness is  not just about a lost job or affordable housing, nor is it always a result of mental illness or  substance abuse. In the article, Homelessness is poverty of relationship by Herb Reese, a person  living on the street was quoted as saying, "I

never realized I was homeless when I lost housing,  only when I lost my family and friends. Many times homelessness is due to the absence of community  during a crisis. If I met someone that wondered if the Durham Rescue Mission was for them, I  would let them know that community can be found there. It's not just a a meal or a place to rest,  though it is that also.

If you allow yourself, the mission will help you through the power of  Jesus Christ to get your spiritual, educational, emotional, physical, social, and vocational  needs met. And though you may come through the door hurting and in pieces, the mission will  do its best to help you become whole again. In conclusion, I was encouraged when I saw on  page 111 of the Durham 5-year consolidation plan for 2025 to 2029 that the Durhams and  Rescues missions aims are complimentary to those of the continuum of care network. Our  increased footprint will improve the lives of those outlined in table 49 from households with  adults and children at our good Samaritan in or

households with adults at our center for hope. It may be optimistic that our common goals will bring us closer to an agreement on zoning due  to a shared passion for helping some of the most vulnerable in our community. Thank you. Thank  you so much.

The next speakers I'll call up. The next speakers are Mimi Kesler,  Adil Ortiz, and Kim Cadell. Uh, as they are coming up, I'm going  to ask for Chloe Palen Palingar or Palingar. Do you see her online?

Um, Yeah, this is an online person. I'm  not sure. I just wanted to make sure you saw the transition including right  what see position opponent. Okay.

Yes, I'm transitioning. Yeah, I'm just starting  with the online person. Chloe Pchar

is only Yeah, just one online. Do you  see Chloe? Chloe, can you hear me? Miss Kesler, I'll be right with you.

I can hear  you. Can you hear me? Yes. Welcome.

You have three minutes. Awesome. Thank you. Uh good evening,  council.

And you did you did well with my name. Yes. Chloe Palanchar. I live uh just a few blocks  down the street on Main Street from the Durham Rescue Mission.

Um I think what I would like to  say, I am I am opposed to the resoning. I would like you to vote against it. Um, when I consider  reszoning requests, it's it's is is this request, which is a privilege, not a right, a good use  of the land for the community? Will it support Durham?

Will it support the neighborhood? I do  appreciate the work that the rescue mission does in helping homeless people. Um, I think that's  valuable. Well, I do agree that that's the that's an important use important thing that Durham  needs and and and may need more of. However,

that said, what they're proposing here, I  don't think is a benefit to the community or necessarily definitely not to the neighborhood. Um, they said they limited it to um, you know, 35 ft. But what you saw, and that was actually  my first time seeing a rendering of the building from Alustin at all, but what you saw in that  that very very short rendering that they showed us was two massive buildings that are going  to take up most of the block and across the street I think they're planning a little bit of  parking lot but what they're replacing there is 15 individual parcels all of which could create  vibrancy and um mixed use diverse activating energy at what is the entrance to our community  as opposed to what they showed which was like kind of basically a solid wall that says, "Maybe  don't come into this neighborhood. " Um, as the staff noted,  they're recommending a change of the type use

or whatever it's called from transit oriented to  mixed employment. But if you look again at the map that was shown earlier, there's really no other  mixed employment in the area. It was all transit oriented and a little bit of residential. I think  way down the street at one existing uh warehouse that Tro Troa has, there was one little block of  gray, but why are we taking what was intended to be higher density uh transit oriented development  and and and just putting these two big boxes there, they'll kind of deaden out the space and  deaden out one of the entrances to the community.

So overall, I'm I am opposed to this resoning  and uh I appreciate your time. Uh thank you for listening to me. Thank you very much. Uh next  I have Mimi Kesler.

Welcome. You have three minutes. Hi, I'm Mimi Kesler. Is this a good  distance? Um we can hear you as always. So,

what I uh what I was going to say um it sort of  went out the window because my first thought is why was the content of these slides not in the  application? What why is it a laundry list of things that they're not going to do? Now, they're  telling us something about what they'll do, but it's not in writing. So, I would be much more  comfortable if it was in the application what they intend to actually build, not what they're  not going to build.

As for the other case, residents are tired of the wealth inherent in land  ownership going to people who live elsewhere. I object strongly that you would not let us be  heard. Why shouldn't the people advocate to the last minute? And I suspect this was not new news  to some of you, but a tactical political move. I don't think it will end in your favor. And I'm  pretty sure it was not what is best for hat.

Welcome. You have three minutes. Miss Ortiz, thank  you. My name is Ideal Ortiz.

Good evening. I've been a resident of East Durham for the last 22  years and I've doodly volunteered there for years for everything from block parties, organizing  community safety meetings, trash cleanups, tree plantings, you name it. I'm also the owner  of a blackowned business that focuses on equitable engagement and uh we like to give it to the  people. So, shout out to those folks that got the proclamation.

I say that to give context to  know that the rescue mission, in my own opinion, is not a good neighbor and often does not conduct  business when handling their neighbors in a good way, especially when proposing changes to  East Durham, like trying to close streets, which is how I got to know Driana Freeman. Now,  they are seeking to reszone the gateway to our community, constantly posing themselves  as a moat between East and downtown. Many of the details they are sharing tonight are  quite frankly new to me despite feverishly reading through everything and attending as many meetings  as I can. And I'd like to know maybe from staff

or the council what parts of what they've shared  tonight are actually legally binding. We're also not voting on the program's effectiveness. We are  voting on how land is to be used. They have not submitted, in my opinion, from what I can see any  legally binding items except for what you've seen.

Um the design isn't in anat. They have insinuated  that they will build at the community meeting they did at the very last moment, the very last  moment that they were going to in fact buy uh build a buy by by the pound thrift store. That's what we were told at that meeting. They shared images of what they thought might  build they might build at a last stitch meeting.

What they shared was a solid building  with no windows or doors on three sides and one entrance that faces Anure. The side that you're  seeing faces Anger, not Alustin. So what people see on Alustin when moving into East Durham is  a block, a solid roadblocks looking block. Their application at the planning commission was not  recommended and no one from the community spoke in support of the mission's application. Today  they've shown you a picture with an extra mural

and some trees. As our mayor prom has said today,  we shouldn't make decisions based on speculation. We have very little known and legally binding  facts on which to make a good decision on this resoning. The idea of approving this resoning  is akin to giving the rescue mission a blank check given how little is provided for a neighbor  like the mission who leaves properties dilapidated for decades has buildings they own catching  fire causing damage to nearby properties and antagonizing nearby businesses.

It would be ill  advised to let folks with that kind of history have a blank check to anything. Council, I implore  you to vote no. Thank you. Last I have Kim Cadell.

Is there Kim Cadell in the room? Oh, okay. All right. Those are all of my speakers.

I'll at this time declare the public hearing  closed and back before the council colleagues. We don't all speak at once. Some  questions. I'll go ahead.

Council member Cook. Thank you. Um couple staff questions. Um there are commitments made but I don't  maybe have a good grasp of which ones are binding and which are not.

Um so I  have I mean I guess two questions. one is I I would like for to get an answer to um  Miss Ortiz's question about whether or not any of the design part is going to be binding, which I  think it's not. Um and then there was a comment

made during the planning commission meeting by  the applicant about there being intent and plans, I quoted that because I thought it was  interesting, intent and plans to move the residential homes to other parcels in  the Durham city limits and whether that is a commitment that's actually been made as well. Sure. I'll address the second question first. Um, so yes, there is a zoning standard built in to  their development plan that would relocate two houses that are facing north or east main  street.

As part of the development plan, they are required to relocate them um in order  to satisfy that zoning condition. So that is a requirement of the plan. Okay. The second item  is what is committed. Um so the illustrations that were shown are not commitments. Um the only  commitments of the development plan are found in

attachment F which is the zoning ordinance. In that attachment, you'll see the one, two, three, four, five, six, seven, eight,  nine, 10, 11 commitments. And those are the specific zoning standards for this  site. And so all those things would be um would govern the development of the  site.

Okay. Thank you. You're welcome. Um I'll go ahead.

Thank you, Mr. Mayor. Um,  well, first of all, I want to just say I appreciate the work of the Durham Rescue  Mission. Thank you for the presentation.

Um, and thank you for the gentlemen that shared  their story. It's was quite powerful. Um, also want to appreciate your commitment to  building a bus pad there on the uh near the site there. We've heard a lot of from the  neighbors and we've got emails about this about lack of clarity.

I think ultimately our  job is to rule on the case before us. For me, um, I see and I think I think one of the folks  on the phone mentioned this. I see an area if

I pull out the place type map that really is  all about transit opportunity areas. Oops. And so for me to to change the place type map to  mix employment which essentially like downzoning, right? We're downzing.

I mean I think the  idea of transit opportunity area is we're developing dense corridors that are that are  really dominated by transit. people can walk and and so forth to to employment to restaurants  and so forth. I think the language for transit opportunity area talks about having um you know  retail on the ground floor, housing up top and so the fact that there's no housing here in an  area that's actually ripe for redevelopment, right? There's a lot of older industrial uses in  this area.

To me, this is a perfect place for a transit opportunity area. So, I'm not comfortable  with with essentially downing this to to a mixed employment area. So I I I like the idea that  we've got a whole area there that's got a dense network that is designed to be transit opportunity  area and I like I like the plan. I like keeping fidelity to the plan. So for that reason I'm I'm  I'm concerned about changing the the look and

feel of what this neighborhood is intended  to be in the plan. So thank you Mr. Mayor. Oh D Freeman.

Thank you. I appreciate um council  member Cook's question and um council member Rrist's comment. I will say that as a resident  who sits in between both the rescue mission and urban ministries, I have a very unique perspective  and this case brings forward a whole lot of emotion that I'm not going to unearth tonight. But  I will say that it is incredibly disappointing to just see a a big gigantic box. Um, I know that  this is Austin Avenue corridor and it's a great opportunity for us to actually have a actually  front-facing streets like streetscaped parcel that is conducive to actually a neighborhood kind  of feel where there is a mixed use. um whether

that's retail or um apartments, houses, like it  really shouldn't feel like a strip that folks just speed past on 55, which I'm concerned about. Um as  we've worked really hard to make that corridor not a speedway. And so I would love to see a plan that  uh was a little bit more in line with the transit opportunity area. Um but definitely um I'm also  trying to understand the career center frame when there's two un like there's two universities and  a community college like within a within two miles and then there's also a lot of city resources  that are available. Some I just have a lot of questions but I'm I'm I'm definitely not ready to  toward a a big box on Austin Avenue. Thank you.

Thank you, Mr. Mayor, and thank you, colleagues. Um, and thank you for your work for over the years. Um, I used to work in that neighborhood  at at a church um, not far uh, from there.

I've spent many a holiday serving meals there uh,  throughout the years. Um, I want to thank you brothers who came tonight as well and shared your  stories of redemption and and coming back. Um, I want to be very transparent and I want to I want  to make sure I state this on the record. I was disturbed by a lot of the nature of the opposition  to this project because a lot of it was based upon the critique of the procilitizing that people  believe goes on uh at the Durham Rescue Mission, religious uh reasons. Um, and I I I say that  because there's a everything I voted to reszone, uh, whether it was for a a school or a company,  there were there were instances of of of failure and things that we could have focused on in those  organizations. So, I want to be very careful that

I don't allow that um to to skew uh my particular  vote. With that, that said, I do have some questions. um if the applicant would come back to  the uh podium. Um and again, I want to say thank you for for being so transparent and sharing a  story.

I've heard many a story over the years of of folk who have had their lives turned around. I've heard many a story of folk that have left the facility and and did some some unsavory things  in the neighborhood as well. So, I I want to be transparent about that. um to the applicant the so  subsequent to the planning commission appearance you agreed to build the bus stop there is that  correct and and and that is a firm commitment the the it's I want to be clear about bus stop we  agreed to con to construct the concrete pull out not the bus shelter want to be transparent about  that got you okay u and the two concerns that the planning commission comments raised were the  the bus accommodation and a lack of transparency.

That's for those who actually wrote comments,  that's what I sort of gleaned. Um, so you've made an attempt to address the the transit uh issue  with the bus uh pad. The the presentation you gave to us tonight, why why was that not used as  part of your your community meetings? uh that the changes that we made were a result of the both  the planning board and the community feedback received at that at that meeting.

Um the result  of what we heard from the community meeting were um we need more. We need to you say that this is  going to be a community development center. Well, why haven't you limited any of the otherwise  permitted uses? So, we went back after the community meeting and you see in your um as staff  said in your attachment the list of prohibited uses that were added. Uh we also heard concerns um  about um neighborhood scale and whether this would fit, which is why we limited the the building lot  coverage and limited the building height. We also

um heard um our you know about your landscaping. So we about what? I'm sorry about landscaping. So we um added the the native plantings and we added  assurances that there would be a natural area at the corner because folks were concerned about  what they were going to be looking at and if there was going to be buildings on every corner.

So we wanted to assure them that there would be a natural area where there wouldn't be, you know,  masses of buildings on on every corner. This is a result of the engagement working like it's  supposed to. Um I I can't go back in time and and um say that that we um you know I wish that we  would have had that in-person meeting sooner, but we had it when we had it and we responded as soon  as as soon as possible and we got and we worked with staff to get those to get those conditions  so that staff had them in time to properly vet. We went back and forth with some of the language. they agreed that everything was legally sound and

then those were those were made for your your  packets and uh consideration tonight. Yeah, I I I appreciate that. And there there's nothing  I mean for the sake of clarity there's nothing exotic about the final presentation to the  council being amended or or evolving subsequent to a planning commission. We actually like to  see that u that type of tension.

Um so so I it it does not necessarily for for members of the  public if you see sub even substantive changes by the time it gets before us this is where  it counts and and one should not be surprised by that. That's actually sometimes a sign and  symbol that the process worked that it got better uh as it evolved. So I think it's important to say  it does not necessarily imply subtrafuge maybe for some folk but but the profers that are made before  this body are binding. " Then that does become uh uh binding and I want folk uh to be aware of  that the presentation you made tonight. So the the graphic sometimes we put out RFPs and they'll send  nice proposals back, but they're not architectural

drawing. They're not necessarily and and that's  and that's why I didn't describe the building. This is a con a conceptual perspective and that  was made known to the community at the meeting and that's made known to you all tonight and um  so that's why and and staff is correct and the community is correct that that um we we have not  offered any archite architectural conditions which is not uncommon for for commercial u buildings. what we were concerned about and what we heard um resoundingly at the community meeting was um the  scale of of this of of a building that we quite frankly haven't designed from an architectural  standpoint.

We we have some architects that were that were kind enough to do some proono work  for us and this is what you see tonight. But it's certainly hasn't been hasn't been vetted  by Durham Rescue Mission. This is just meant to show as a good faith effort that we've tried to  respond to to community meetings and and you heard

tonight. This this is different from what uh was  viewed. This has this has required landscapecaping around it. It has we heard um you know we heard  well what about glazing?

You know you're going to have some glazing at the entrance. So yeah,  we we added we added what we expect to see, but we are by no means at a point to, you know,  design a building that, you know, quite frankly, we heard tonight that that the council isn't  isn't even sure that they're on board with. And and with when you're dealing with a nonprofit  organization such as Durham Rescue Mission, like other organizations, you know, they they what  they're willing to spend at this stage is are more efficient than others. This is not a this is not  a for-profit developer. So, I think that they've um they took a pause and they um added, you know,  they accepted this delay and we've really tried to uh add profers that we feel like uh further limit  and provide clarity to the community. Uh but at

this stage, you know, this is this is what the  process is. So, how do you how do you respond to the concerns about it being a block, the building  just being a a block? You know, I I say it it um I I understand their point, but at this but I also  say that this is a this is a building that hasn't been fully designed, and shame on us for for  trying to show a look and feel of a building. But, um you know, to that point, you know, this  this isn't an exact replica of what the building's going to look like.

You did you want  to add something? Just identify yourself. I'm a Hello. There you go.

I'm Brian Crawford. I'm the  project attorney. Um you're you're the what? I'm the project attorney.

Project. Brian Crawford. Michael Best and project attorney. Um as far as a block, again, this is a a rendering. We're  not sure what it's going to look like at the end, but I want to make sure we appreciate what's  happening. So in with rescue mission right

now their operations are all over the city and  what they're trying to do is respond to a need that has been pressing for them and that need is  they have the homeless facilities and the homeless population inside their area and they want them  to be able to walk to a certain place next to the facility to lower the carbon footprint but also to  make sure that they all can work together in the central facility. So, we just put up a rendering  right now what we thought would be reaction to the community, but that's not necessarily what  the building is going to look like in the end. It may be in the development process that  we try to make sure that it's even more immunable to what the community needs. But  for now, this is just a rendering.

But it's, you know, these are homeless homeless population  and there's a need for the rescue mission to bring them all together as a community. And so this  facility fits that need. It will decommission

sites all over the city and make sure that  this population has a place and a center to go to that's quite frankly different than  what the rescue mission has been doing all along. Final question. The you you own those  parcels already, right? Yes.

What will what will you do if if this is not resone? What what  will you do with it? To the podium, please. But I'm sorry.

Could you start? Could you speak  into the mic, please? First thing we would do is is we would pray. But uh we would probably I  mean by right right now we can build a 40,000 square foot building and u we just wouldn't be  as efficient.

We would would I don't know what it would look like. I don't know. I don't I don't  know. We don't have plans for that. We're not planning on not getting the result. We don't have  plans for not getting resonant, but we have looked

at what we can by right do now. We can put a  40,000 foot building there by right and we can put another 10,000 foot separate building in the other  zoned areas because there's three zoned areas there. Yeah. I I I'll say this in in conclusion.

My my visceral response to this was similar to what I feel when we have um because of the nature  of the work there, affordable housing projects were before us. I mean, we got really excited  about one on Dearborn um uh that that the old the old VFW uh property. That that's the visceral  response, but of course there's due diligence we need to do with with nuts and bolts. I want to  be very careful not to burden this particular development with any um un unexamined filters  that I do not apply to other um resonings as well. I know for a fact that despite what people  may think about the Durham Rescue Mission, if you close tomorrow, uh Durham's housing uh unhoused  population uh would grow up exponentially. Um I I

I know that when there are white flag nights that  we are not shy about using that particular in in you know accordance with our other uh institutions  to to meet the city's needs. Um so we don't have a problem then um when when it's an emergency and  when there's a need. Um so that that that matters um to me. Um, and I will say that, you know, um  it seems to me that as I read the the planning commission's comments, the two marquee items,  the bus stop and ambivalence, if you will, um seem you seem to cross the threshold for me  tonight in terms of the and you know, we get renderings all the time. they may or may not look  like um the the actual build, you know, the actual picture of a building when it's finally analyzed. I don't know that a 40,000 square foot building by right won't look like a block either or or  but but but your your representations tonight

um give me more comfort than you know that 40,000  foot building would still have the same kind of it it may be residential, it may be not. Um, so  there are some choices you have there. But I, um, I think the work that's been done over  the years, I think the bus pad, I think the, uh, the filling in of the blanks, the the height,  um, restrictions that you've committed to, uh, the responsiveness um, satisfy um, you know,  my scrutiny uh, with it. So, I leave it at that.

Thank you, Mr. Mayor. I yield back. Yeah.

Go ahead. Just a couple questions. Um couple questions for staff actually. Um so the first  question I have is around the UDO rewrite and um this these parcels within this uh resoning case  are located in the transit opportunity area.

And um and with the UDO rewrite, there's  also going to be a comprehensive remapping um and reszoning based upon  the the place type map. So were that to happen, which is we don't know when  and we don't know exactly because we still need to have discussions about it. It still needs to  be uh draft still needs to be finalized. an area like this would automatically get uh reszoned and  and remapped based upon the UDO rewrite and the comprehensive remapping process.

Um would it still  allow under that scenario? Would it still allow uh the use that is based based upon  the existing draft? would still allow the use that is being pursued here but  with additional kinds of standards that uh foster more kind of placemaking design  on the street. Sure, I can answer. Um so

this area is intended to be the CX8 zoning  district. Unfortunately, it does not allow um some industrial uses. So those would not  be permitted in the CX. Get a little closer, please.

that sweet spot again. Um, so the  Yeah, so warehouse and freight would not be allowed as part of the CX8 zoning district. And  this is one of the uses that was um wanted by the applicant and was what was the warehouse  and freight use um that would not be allowed in other commercial zoning districts. So that's  why I was chosen to accommodate that use. Okay. And then um could you just what what would it  take what would something like this like this specific application what kinds of things would  you be looking for for it to remain consistent

with the existing uh place type map? Where where's  this uh what would you determine as the gap here? Verinsky and my sweet spot is much lower. Um I mean certainly some of the uh I could imagine some design commitments in terms of um the  building itself. I will say that I know that the maximum height of 35 ft that they're committing  to um within the idea of keeping um in context with the area is uh not necessarily consistent  with what is imagined in the transit opportunity areas as that's you know imagines uh more intense  development higher densities vertical mixed use or mixed use in general. Um, so you know that  I think there's uh reason to think, you know, if you're going to have a shorter building with  up to 75,000 square feet of warehouse or freight, you know, if that if that weren't possible, then I  think it would be uh easier to be more consistent.

Um, and obviously I'll also just note those those  types of commitments or those types of proposals really limitless, right? Like that's just up to  the applicant. So yeah. Yeah.

Okay. Thank you. There's a question for the applicant. The height restriction that you agreed to 35 ft was was was that in  response to community input?

Where'd you get that number? Yes. Um, we heard  a a lot from a lot of concerns when we shared an image similar to this one. this.

We're concerned  about I'm sorry, pull the microphone. I'm sorry. We'll get used to this. I promise.

Uh we heard a  lot of concerns about how will this fit in with the community framework? Is this in keeping with  the community character? So that was in response uh to the building height because they were  concerned that the that it looked big and

massive and we wanted to quell some of those  concerns about lowering the building height similar to right the existing and surrounding  structures. Yeah. The one of the things about the comprehensive plan and future place type  is that every every area that we have a future place type Matt has an existing presence and even  the people that live there now don't always even though they want a new comprehensive plan they  don't they don't want their neighborhood to change even though we may have a plan to do something  different there. So, it it sounds as though you were being responsive to community needs, but  along comes our comprehensive plan to talk about um the future.

I don't know how much our  comprehensive plan informed your decisions, but you know, you can choose what the community  wants right now, as we often hear. Um you know, we'll talk about what the comprehensive  plan says the neighborhood should be and folk will come in here and rail against it  because that's not what's there right now. And you know, we'll sometimes we'll sing the  virtues of the comprehensive plan when it's

useful and then other times we'll respond to, you  know, wellorganized groups that are before us that are clearly railing against something that's in  the comprehensive plan. Uh but because they're organized, you know, it there's impact. So, it's  an interesting this is just a little primer, a little interesting dynamic that that height  restriction was in response to community uh input. And I I think that's important uh to know.

notwithstanding what the comprehensive plan says, which I think is important. Um, I'm one of the  people that voted for the comprehensive plan. So, thank you, Mr. Mayor.

Thank you. Thank you. Any  other colleagues? All right.

Um, I'll close this out. I I think there's an opportunity here. I  think my colleagues have shared mostly um a lot of what I've agreed with. I um I think about, you  know, workforce development and I think about, you know, what you're trying to do here. I think about  homeless services and I think about, you know,

uh what we're doing with homeless services and I  think about what you guys are doing. I think about um the development as the city is growing east and  I think about how you all are a major component in that area. Um I think there is an opportunity  here for us to work together. Um, and you know, despite what we've heard tonight, I hope that,  you know, I hope that we can find a way to have a uh I want to say Germaine to this case, but  also within what you're offering here, I hope that we can find a way to work together because  I believe that uh what the city is and the county is trying to do and the work that you all are  point, it should be very well aligned.

However, I feel like it's very separated. And I think  that what you're trying to do can actually be larger and bigger and more impactful. Uh, and I  honestly think in partnership with what you all

have there resources wise and what you're trying  to do, we can solve the I believe we can solve the homeless crisis in Durham, but we do have  to work together. And and I I don't sense that enough. " Um, but you, you  know, you're looking to reszone, you're coming to the public, you're trying to identify this  public good and and then we have what what it's already intended for. Um, so I'm not necessarily  wholeheartedly against this resoning. I just think that it can be better and I want to be a part of  helping them make it better and I would like us to uh I just want to see what that looks like and  I don't think this is it and and uh so I want to be your partner and I want us to be able to  um you know really develop this area together. Um I I considering you know what's proposed, what  is there already and yeah I I I think there's an

opportunity here and I think we can do better. Um and that that's where I lean with it. Uh, and I I hope that we can communicate after this  meeting because that that's I I look at Denver and their rescue mission and how they work with their  city and I I I mean the solutions are there, the relationships are there and I think that we need  to make sure we do that as well. So, I'm going to say no in what's proposed.

Uh, but I will commit  to working with you all as an organization. Uh, and I hope that you'll be amanable to working  with us as well. Um, so with that being said, uh, there are no more comments. I'm going  to go ahead and, uh, call us to the vote. All right. I'll entertain a motion to adopt  an ordinance amending amending the unified development ordinance by taking property  out of industrial white residential urban 52 residential urban multif family  commercial general and establishing

the same as industrial light with a with a  textual development plan. It's been moved Is there a move and properly seconded? Uh, please execute your vote. All right, madam clerk, please read out.

And  the motion fails with Mayor Patent voting yes. Six to one. All right. Thank you.

That means  I just go through the consistency statement. Right. All right. So, considering the uh  the failure of that, I'll just read the What is that?

20. You're on 27. 27. Yeah.

All  right. All right. And I'll entertain a motion to adopt a consistency statement as required by  North Carolina General Statute section 160D-605.

Mr. Mr. Mayor, you don't need to do the  consistency statement since the since the vote for the zoning failed. There's no need  to Okay.

My apologies. My apologies. No, you still need to do it. I'm sorry.

up here. So when you all are doing a consolidated  annexation item and the annexation fails, you do not have to adopt that last motion for a  consistency statement. But anytime you're voting on zoning, whether you approve the resoning  or deny it, you have to adopt the consistency statement saying that you've acted consistently  with Does that make sense? Okay. All right. So, we've executed the motion on the first  motion, the second motion to adopt the consistency statement as required by North  Carolina General Statute section 160D-605.

It's been moved and properly  seconded. Please execute your vote. And the motion passes unanimously. Thank you so much colleagues.

I do need to go back  to number three to entertain a motion. It's been moved by Council Member Cook and  seconded by Council Member Baker to It was Yep. to appoint residents to to appoint  residents to fill four vacancies on the recreation advisory commission with one  representing person with disability with the disability with the terms to expire on August  8th, 2028. Please execute your vote.

All right, madam clerk, please read out. And the motion  passes unanimously. Thank you, colleagues. Oh,

you need to settle the agenda. We got All  right. Thank you all so much. We are adjourned at 10:59. Thank you all.