City Council · Regular Meeting · March 6, 2023

m here in City Hall Plaza in our first floor council chambers we welcome those of you who have joined us in person and those of you who have joined us remotely as well please join me in a moment of silent meditation thank you all so much we will now recognize councilwoman Freeman who will lead us in the Pledge of Allegiance thank you it's our practice to stand and salute the flag say pledge

[Music] thank you all thank you all we will now have our roll call I our Clerk and I believe that councilwoman Jillian Johnson has an excuse absence for tonight thank you mayor mayor O'Neill I am president you're protem Middleton I'm here council member Caballero here councilmember Freeman president council member Halsey Hyman President councilmember Johnson has an excused absence and councilmember Williams I'm here thank you thank you we are all in our places with our bright shining faces and we're going to now move to our ceremonial items we have four proclamations today starting with Arbor Day 2023 Proclamation by mayor Pro tem the second will be woman's

women's day month Proclamation by councilwoman Freeman the third will be National Social Work month Proclamation by uh Dr Jose Harmon and the last will be the mayor's virtue 42 month Proclamation which will be read by councilman Williams mayor protein good evening Madam Merit to my honorable colleagues all in the chamber and all watching wherever you may be good evening it's my honor Madam mayor to read this Proclamation for Arbor Day and before I do I'm going to invite Dan hickey of general service urban forestry our department to come up in Tanya dot lick from keep Durham beautiful to please join me good evening Proclamation whereas Arbor Day is officially recognized as an annual observance by the state of North Carolina and whereas trees provide numerous environmental benefits to the Durham Community by lending summer shade buffering winds moderating year-round

temperatures reducing glare filtering the air of pollutants absorbing noises diminishing erosion by retaining soils and reducing runoff building soils providing habitat in food for wildlife reducing energy consumption and absorbing carbon dioxide and whereas trees beautify the city enhance the value of property and provide Pleasant surroundings for residents and for new and existing business businesses and whereas planting and caring for trees is a living testimony of Durham's commitment to the Health and Welfare of present and future Generations and whereas involving the community in maintaining and caring for germs tree canopy is included in the city's strategic plan now therefore I Elaine M O'Neill mayor of the city of Durham North Carolina do hereby Proclaim March 25th 2023 as Arbor Day in Durham and hereby

urge all residents of Durham to observe this day in recognition of the value and benefits which trees provide and to promote the planting and care of trees within the city of Durham witness my hand and the corporate seal of the city of Durham North Carolina this the sixth day of March 2023 Elaine M O'Neill mayor foreign thank you good evening and thanks for having me Dan hickey an urban Forester the general Services Department um so yeah just to get into it a lot of reiterating what he said um mayor O'Neill city council member city manager Paige I'd like to thank you for reading the Arbor Day Proclamation Arbor Day is a day to celebrate the significance of trees and all the benefits that trees provide our community this Arbor Day celebration marks the 40th year that Durham is recognized as a tree City by the Arbor Day Foundation that's 16 years longer than the town of Chapel Hill eight years longer than the

city of Greensboro and five years longer than the City of Raleigh trees provide us with many benefits such as shading sidewalks and streets during the summer months cleaning our air and water reducing noise pollution and much more thus it is vital that trees are equitably distributed to all communities in Durham so that these benefits can be enjoyed by all Durham residents both present and future lastly thank you for your support of our tree planting program which aims to plant 1500 Street trees each year to speak on behalf of keep Durham beautiful and their contributions to Arbor Day and the city's tree planting program Tanya Dalek thank you Dan good evening I serve as executive director of keep dorm beautiful a non-profit and a program of the city of Durham Department of General services we've been strong partners with City urban forestry for many years and sharing the goal of helping the city plant 1500 Street trees each year through public-private Partnerships we

encourage additional investment in trees and encourage volunteers to join us in their planting on Saturday March 25th the city of Durham keep Durham beautiful and members of the Duke carbon offsets initiative will be planting the 50 Street trees between Hillside Park and Shepherd Middle School in celebration of Arbor Day 2023. org to find more information about this and many other volunteer events if you haven't already done so we encourage you to also register to attend a creek week litter prevention event Creek week begins March 18th this year volunteer opportunities like Arbor Day and Creek week help contribute to making

Durham a clean healthy and beautiful Community thank you [Applause] good evening everyone I am joined here with folkloris writer historian and um Museum consultant and lecturer who focuses on race history art history and politics Kirsten Mullen thank you so very much it's my honor to be here this evening with you

and uh we're reading the women's History Month Proclamation which honors the women in history and I'll start whereas this Proclamation theme is women who tell our stories the month of March has gone purple green and white in honor of the women who have paved the way and continue to do so today the use of the colors purple green and white to represent women's History Month have their roots and suffrage in the suffrage movement in England and whereas the suffrage suffragette flag of the women's social and political union of the United Kingdom composed the colors in 1908 purple for loyalty and dignity white for Purity and green for Hope and whereas women of the United States have played and continue to play a critical economic and cultural and social role in every sphere of our

nation's Life by constituting a significant portion of the labor force working in and outside of the home and whereas every March women's History Month provides an opportunity to honor the generations of trailblazing women and girls who have who have built our nation shaped our progress and strengthened our character as people and whereas throughout our history despite hardship exclusion and discrimination women have strived and sacrificed for equity and equality in communities across the country and whereas black women who fought to end slavery as advocates for civil rights and to pass the Voting Rights Act of 1965 suffragettes helped pass and the 19th Amendment to the Constitution so that no American could be denied a vote based on sex and whereas despite these contributions the role of women in history has been consistently overlooked and undervalued

and the body of the history of the United States and whereas women of the United States have systemically been made to feel unsafe in the workplace due to sexual harassment ordering of a national conversation surrounding workplace conducts by bravely stepping forward during the metoo movement and whereas women of every race ethnicity and background have been leaders not only in securing their own rights of freedom and in every equal in an equal opportunity but also in the Abolitionist Movement the Emancipation movement the industrial labor movement the civil rights movement and especially the peace movement which creates more fair just and inclusive Society for all people now therefore I Elaine M O'Neill mayor of the city of Durham North Carolina do hereby Proclaim March 2023 as women's History Month in this in Durham and hereby urge all residents to listen to

women's voices learn about women's experiences and confront gender inequality and biased basis biased decision making Witness by hand and the corporate seal of the city of Durham North Carolina the sixth day of March 2023 [Applause] foreign this Proclamation is a marvelous and head-spinning surprise and I am grateful to Adriana Freeman Mary Lane O'Neill and the entire city council for honoring me in this way before her triumphant mayoral campaign Elaine O'Neal and I were occasional hiking buds while it is true that she walked me into the ground on our first outing at the Washington Duke Trail I was relieved to see the parking lot coming into view only to realize she was picking up the pace and beginning the course for a second lab I greatly enjoyed our exchanges

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but it will relieve some of the worst of the horrible stressors our neighbors face every single day I am part of a group of dormites that is trying to address wealth inequality in our city the project we Advocate the Durham 1000 is a pilot program that would provide one thousand young families with an asset that could provide the foundation for Economic Security and opportunity for them and their children the amount each family would receive would be adjusted based upon their parents wealth accumulation Mel Williams and Keith Daniels William Sandy Dairy and I have been refining the structure of the initiative while trying to identify potential funders the city of Durham had agreed to be a partner on a particular on a similar initiative when the Kellogg Foundation was considering a wealth equality project unfortunately the Kellogg Foundation did not take up the initiative to my knowledge Durham city council is the only Municipal body in the country that has

S slavery I am extremely proud of that fact and I encourage you to invite other cities to do it like Durham and I am gratified that we have not launched a city-based quote reparations in quote initiative a financial impossibility what we do have is a racial Equity initiative the result of a year-long conversation and Analysis of what the city needs to do to reverse a century of injustices to Black to our its black residents we eagerly await its updates from the city as it acts on those recommendations lastly I've had the privilege of working with many artists in town the award-winning playwright Howard lcraft comes immediately to mind what I have observed is Durham's artists welcome other artists to join them and

share their accomplishments but Durham is a very hard place for artists to make a decent living we need more resources for the artists that go directly to the artists rather than through intermediaries I'm totally tickled to be the object of this Proclamation and to share the news of women's history month and I will always remember this validation of my work thank you [Applause] thank you good evening to my colleagues to the residents and to everybody here assembly in City Hall this Proclamation would be for social work month but I'm going to just take a point of privilege to say

that I'm very humbled to be able to do this Proclamation um I started my career in the 80s in New York City as a social worker in the beginning of the crack epidemic and then I have that's over 25 years and then over 70 years of now teaching social workers and I have my my chair of my department here so I thank you for giving me this privilege and also I want to thank my colleagues for unanimously unanimously appointing me I can't even say the word because I'm humbled um in May as a first social worker I think on city council and I appreciate that so I'm going to ask the heart team uh and I'm going to ask the Valerie Annette who is the MSW uh MPA MPP executive director National Association of Social Work for North Carolina chapter nasw and Dr Belinda Cheyenne Creighton the chair of the MSW program at North Carolina essential my other boss okay all right we're at Social Work social

workers have worked for many than us more than a century to improve the human and well-being and enhance the basic needs of all people and whereas social workers have followed the code of ethics that calls on us to fight for social injustice and respect and dignity of worth of all people and whereas social workers positively touch the lives of millions of Americas Americans each day in the variety of places including schools hospitals the military child welfare agencies community centers and federal and state and local governments working daily to Hope thousands of Americans and whereas the 2023 Social Work month theme social work breaks barriers embodies the social workers to have empowered individuals families communities and our society to over overcome hurdles that prevent them from achieving better well-being and whereas social workers are on the front lines of Nationals opioid addiction helping people get treated they need to

Prevail over substance abuse and disorders and whereas social workers have helped people overcome mental illness such as depression anxiety cope with death and grief and help people in communities recover the national and National and natural National excuse me uh disasters that are increasingly Feud by warming climates including hurricanes droughts flooding and we as social workers have helped this nation live up to its values by advocating for equal rights for all people including people of color people who are indigenous people who are of the lbgtqia2s plus and people who follow various faiths and whereas the social work profession is one of the fastest growing careers in the United States with more than 780 000 social workers today and more than six thousand sixty thousand more social workers expected to enter into the profession over the next decade and whereas social workers have continued to push for challenges and changes that make our Society a better

place to live including livable wage improve workplace safety social safety Network programs and help alleviate poverty hunger and homelessness and whereas social workers Endeavor to help work through our society to meet people where they're at starting where the person is helping to empower people in our society to reach the goals that they wish to obtain now therefore I Elaine M O'Neill mayor of the city of Durham North Carolina do hippie proclaim the month of March as National Social Work month in Durham and hereby urges all residents to join the National Association of Social Work you have to be a social worker and celebrate and support the social work profession witnessed by my hand in the corporate seal of the city of Durham North Carolina this sixth day of March 2023 mayor m o O'Neill you're going to have the heart team first

good evening and thank you to Mayor O'Neill to our esteemed council members and city manager Paige my name is abena Betty Jaco and I am here with my counterpart Lee Mazer and she wrote a few things now um but we are clinical managers but most importantly we are social workers who have a heart for this who love what we do and willfully we'll continue and bring more social workers to the city so we are honored to accept this recognition on behalf of all of those in our department we work with a truly inspiring group of people many of whom are social workers and over the past year we've had the privilege of working with councilwoman Halsey Hyman in building our connection with nccu School of Social Work we wanted to give a special shout out to two of our social work interns Lucas and

Tracy thanks you guys so much for coming tonight and all of the work that you do [Applause] so they along with all the other staff members in our department do so much work to support our neighbors in Durham and we're so appreciative of them and this opportunity right now so thank you all so much things we're going to next have our executive director for National associations of Social Work North Carolina chapter good evening everyone my name is Valerie arndt I am the executive director of the National Association of Social Workers in North Carolina chapter aren't too glad to be here celebrating Social Work month it is great to see so many aspiring social workers in the audience this evening including the social work interns and I'd like to thank mayor O'Neill the city council members especially council member and social worker Dr Monique Jose heiman for the honor of recognizing the importance of

the social work profession during March which is National Social Work month as we learned the this year's theme of is social work breaks barriers each day in the city of Durham social workers help break down barriers that prevent people from living more fulfilling enriched lives they work on the individual level helping people overcome personal crises like food insecurity lack of affordable affordable housing or limited access to Good Health Care they also Advocate on a systems level to ensure law laws and policies are adopted so everyone can access such Services thank you for your service of the 15 000 licensed clinical social workers in North Carolina 994 live and work in the city of Durham these clinicians are providing clinical Mental Health Services in every aspect of your city in Durham public schools in your hospitals the Durham VA in private practice and in Durham Department of Social Services thank you again for this

recognition of our amazing Social Work profession social workers truly make an impact in every way in the city of Durham thank you and I'm also a member of ndsw and I'm going to call my other boss Dr Belinda Cheyenne Creighton who is from the nccu social work program the only HBCU Social Work program in Durham [Applause] good evening mayor O'Neill Pro champ mayor Middleton console and my colleague Dr Jose Hyman thank you thank you for recognizing social work during Social Work month but specifically thank you for recognizing the only Social Work program in this in Durham North Carolina the Department of Social Work at nccu our faculty are dedicated and committed to Preparing culturally competent and

ethical students to become social workers to help the residents in Durham and surrounding areas our administrators are Chancellor Dr Johnson atkinlaly our Provost Dr David Jackson and our Dean Dr Carlton Wilson all believe in what we do in social work with their support and the continued support from the council the Department of Social Work at nccu will continue to grow and Thrive again I thank you for recognizing us this evening [Applause] foreign

good evening everybody it's good to see everyone in here I know we asked for security tonight but uh goodness you guys do go above and beyond don't you all right um tonight I get I have the honor of presenting the mayor's um unique characteristic for this month and it's the word fortitude so here's our Proclamation whereas our daily lives are filled with news regarding inequity discrimination violence and misinformation often causing feelings of self-doubt uncertainty fear and whereas the many daily acts of upholding our values moments of tenacity self-control shared such priorities of community members go unnoticed and not celebrate it and whereas by recognizing the need to honor

ourselves acknowledge our feelings and practice being self-compassionate all members of our community will be made aware of the importance of practicing fortitude and whereas the purpose of fortitude month is to remember the importance of having the strength of Mind during times of adversity we all experience hardships and how we respond is what dictates our character and whereas when we remain Relentless in our optimism we can better recognize growth and conceptualize the Gap and opportunities for the advancement of all people and whereas we are all Extraordinary in our different paths allow us to show our strength encourage in numerous ways and whereas we should be thoughtful and considerate of ourselves and others when making decisions

we should be mindful during our day-to-day activities and be courageous and authentic to ourselves so we are striving for greatness in creating opportunities that enable Durham to be a welcoming inclusive kind safer and more secure place to live work and play and whereas the city of Durham honors those who positively impact our community and world now therefore I Elaine M O'Neill mayor of the city of Durham North Carolina do hereby proclaim the month of March 2023 as fortitude month in Durham and hereby urge all residents to work on mindfulness self-control and remain optimistic while always spreading kindness and respect generosity and consideration of others witness my hand in the corporate sale of the city of Durham this day 6th of March 2023. thank you

[Applause] all is so good to start this meeting off with some moments of Celebration we appreciate you all to my walking partner we'll get back out there again soon so good to see you and your your husband here tonight to all of the social work social workers who give so much for so very little in a lot of instances thank you and for our trees we love our trees and we celebrate Arbor Day and we're going to be committed to moving our city forward with fortitude determination and deliberation so with that I'll turn to my colleagues to my left to see if they have any announcements for this evening dot com good evening mayor I do have one announcement um I am going

to be asking for excuse absence for March 20th I am still a professor and uh in the tenure track and so I have to do scholarly work and so I have put in two proposals to present at the naysat which is the National Association of student affairs and they were accepted and so I'll be presenting those two proposals on the 20th so I'm asking for a excuse absence so moved second it's been moved where I actually moved it and saying it by councilwoman copier all those in favor of he was signed by saying aye aye all those opposed having the same hearing none you are excused and again I just want to say thank you for allowing us to do the problem the uh Proclamation for social work one very dear to me and also happy women's month thank you councilman Williams yeah thank you uh mayor um just really quick he's watching tonight so shout my son out happy birthday Isaiah

his homemade for watching so happy birthday young man all right I'll turn to my right to see if councilwoman Freeman thank you that messed me up but I'd like to also celebrate my son's birthday was a Friday before last but um yeah thank you I just um I just wanted to and I lost my train of thought all in that moment um and specifically I did want to thank the darities for being here Dr Derby and Kirsten Mullen and the wonderful commentary around women's History Month just acknowledging that there are still folks in poverty that women like Kirsten Mullen are still fighting for I did want to um just make sure that I meant that I know in this same vein the real estate

meeting that we had essentially talked about in the last meeting or work was a work session for the Deep dive I wanted to make sure that folks knew we were moving forward with the March 16th date and that Amber Wade was taking the lead on coordinating and I want to thank her for doing that and make sure the folks who are interested are aware that's all thank you any other announcements no just good evening everyone happy Monday hopefully your week is great I do want to and I'm going to have to look back on my calendar and recognize a young man we were over at Hayti heritage on our last Sunday and we were over there to celebrate an event involving our firefighters specifically focusing in on I'm doing so many meetings I have to go back and look there's Excelsior hook and ladder uh which was a specialized fire unit of

black men who basically I think they had one picture of it but this young man who's in the audience tonight is a Raleigh firefighter and he'd done a whole lot of research on the Excelsior group I just want to recognize him being here tonight it was a great event and stay tuned we will try to make sure that we have some honoring of of them at another date but I did want to recognize him it was the firefighters of Black Wall Street and this young man who did the research on that what's up I can't think of his name Chaz kind of waved to the audience Chaz Moore Mr Moore so stay tuned it was a very very nice presentation and I learned a lot today I

never heard of the excessive hooking letter company that basically provided support from for the whole city so stay tuned thank you for coming tonight Jazz I appreciate you and that would conclude my announcement tonight I will turn to our city manager and see if she has any priority items for us good evening Madam mayor Mr Mayor Pro tem members of the Durham city council I do have two items for you this evening that are priority items agenda item number 12 affordable housing Deep dive presentation from Durham Regional Association of Realtors pursuant to City council's request additional information has been provided under priority items by the city manager City attorney and city clerk for your information agenda item number 17 Consolidated annexation 4109 indoor Lane attachment H which is a utility extension agreement was replaced

to include the applicant's signature that is all I have this evening thank you city manager Paige I now turn to attorney marenburg our city of current attorney to see if she has any priority items good evening mayor O'Neill mayor pretend Middleton and members of the city council it's good to see you all the city attorney's office has no priority items thank you attorney Robert and I turned to our city clerk Donna Schreiber to see if she has any priority items for tonight thank you madam mayor Mr Mayor Pro tem and City Council Members the city clerk's office has no items this evening thank you so much we now turn to our next sort of business which is the consent agenda the consent agenda consists of items that the council has previously considered in a work session all items on the consent agenda may be approved by a single vote of the council items may be removed from the consent agenda by a council member or a member of the public and those items will be considered separately at the end of the meeting tonight so we will go through our entire agenda

beginning with our confinogen item number one it's the Durham city county appearance commission appointment number two January 2023 bid appointment be it report I'm sorry thank you I'm going to learn how to read one night item number three into local agreement for the distribution of sale tax between the city of Durham and Durham County item fours boards committees commissions and task force calendar year 2022 annual attendance reports item five resolution entitled the first First Responders resolution Madam mayor I'd like to pull that please I'd like to pull that please thank you thank you item six 2022 fourth quarter crime report a presentation was made at the February 23 2023 work session

item seven construction of a traffic signal at Renaissance Parkway and Leonardo Drive item eight amendment number four to the Homeland Avenue stream relocation project professional Engineering Services contract item nine amendment number three to Aiken Avenue stream relocation project professional Engineering Services contract 10 professional Engineering Services contract with brown and Caldwell Inc for the Western intake partnership environmental permitting project amendment number one on our general business agendas public hearings we have item 14 which will be led uh the discussion will be led by mayor Pro tem is a Consolidated annexation Carpenter Falls item 15 will be led by councilwoman I'm Monique Jose Harmon which is item 15 Consolidated annexation Crescent Drive

assemblage item 16 Consolidated annexation votecom f-o-n-d-c-o-m-b-e and item 17 Consolidated annexation 4109 Ender Lane will be led by councilwoman javiera and item 18 is the unified development ordinance text Amendment sedimentation and erosion control which will be led by councilwoman Freeman I'd now like to entertain a motion to approve the consent agenda with the exception of pooled item number five second and moved by councilwoman councilman Williams secondary councilwoman Freeman Madam clerk if you would please open the vote if you close the vote and Report out

the motion passes six to zero all right the eyes have it thank you sure and we're going to move to our Port item first we have a lot of folks here I think for that one and I'm going to turn it over to Mayor Pro tem to conduct that hearing before we get started thank you your honor and to our my honorable colleagues for allowing us to move this item up Madame and friends there is a movement afoot across our state to properly recognize the role of emergency call takers those whose voices we hear when we call 9-1-1 and I want to thank my friends at the North Carolina Department of Information Technology who could not have Representatives here tonight as Governor Cooper is delivering his State of the State address but that movement is asking cities around our state to Echo voices in the halls of our legislature at the municipal level to

consider first response to consider our call takers first First Responders and I want to thank the number of First Responders I see here tonight Chief Andrews in your command staff and our officers who are in the room tonight who's watching the city our officers who are in the room tonight uh in support of their fellow uh first uh responders before the fire department gets there before police get there before emergency medical technicians get there there is a voice those over there there is a voice that is heard and we have represent representatives of those voices here tonight I'm glad to uh welcome Mr Randy Beeman who's the director of our emergency call center and he's got several folk here tonight who who take those calls I've had opportunity a number of times to sit and Shadow and listen to some of those calls in our call center and uh these are very special people these are very special people this is

hard demanding work I was there for a few hours but they hear these type of calls over and over and over again and have to keep their composure to direct their appropriate response so I am proud uh Madam mayor and I I'm so thankful to my colleagues for agreeing uh to receive this resolution and to pass it tonight on behalf of Durham and on behalf of our uh part of the family of 9-1-1 call takers here in Durham and our hopes is that our hope is that the state will adopt language that will not only just recognize 9-1-1 call takers as first First Responders but it will change uh their posture in terms of retirement in terms of benefit in terms of salary down the road as well and I am proud to offer this resolution I'm going to ask Mr Beaman in a minute to come and just give a few words and introduce the folk who are with them but it's important to know that in our darkest hour in our most challenging times in Durham when you call we will come for you and help is on the way and it starts with these folk that

are in the room here tonight so director Beaman if you would come and just give us a few words and introduce some of our heroes that are here with us thank you mayor mayor Pro Tem council members Madam manager executive staff colleagues friends truly tonight is historical for the things that we are doing here in Raleigh here in Durham but in the area and most particularly the fact that we do so many firsts and so standing before you tonight are the first First Responders they truly are you hear many phrases about they are the headset Heroes they are the the silent

the voice of reason in the most chaotic moment of a person when they dial 9-1-1 and mayor Pro tem you stated it very well because you've sat in that chair and you've heard those calls just to give you a little example and then the problem in the resolution you're getting ready to read you speak about North Carolina we do over 7 million calls a year Durham does about 480 to close a half a million calls a year just 9-1-1 calls it's a very busy Center just this weekend for example on a Friday evening and a 24-hour session of people working in the center we provided over one we answered over 1 000 911 calls in a 24-hour period these folks it's unrelenting it's consistently call upon call upon call so this is a great honor and a privilege tonight I have

with me this my assistant director Tangela Walker who's joined us tonight I also have with me our administrative operations person hey Randy the mayor the mayor directed that these folks should come down so we could see them so if you would with mine and either as you introduce them thank you and with the council's indulgment we our administrative operations person is on crutches so she is staying in the background but very supportive so I will start here to closest to me is uh two ladies together they're standing together here who were long-standing in the center for many many years who have come back

Simone and Cindy who have come back to help us in training and they are engaging with our new recruits and our folks very well seasoned and are very dependable so they just couldn't stay in retirement they needed to do something so they came back home to help us so those are our training folks they also answer calls they also participate next individual there is Ely and so Ely joined us last year during the National telecommunicator Public Safety week and so she can she can do it all she's been here with us many many years she takes those calls dispatches those calls helps train next to her is April she's our database coordinator April has been with us about four months she has gotten very involved you know it's when that caller calls we need to know where they're calling from she

helps in the database the mapping the new technology we use today eighty percent of our calls today come from cell phones and so it's very important when you pick up that cell phone we know where you're where you're calling so the key role there next is supervisor Ollie wall who's been with us a long time and we appreciate her service and she's certainly uh commands a great staff and keeps people moving doing very well thank you for that Ollie next to her is Fatima Singleton she is one of two that is in our Training Division she's training analyst and so she's in the classroom she's on the floor she keeps things moving and Simone and Cindy as well so she kind of oversees those ladies next to her is Maureen Mitchell we call her Mo and she's also a supervisor been with us for quite some while we appreciate her

leadership and then next to her is Dwayne and Dwayne has been with us about two and a half years seems like about 10 because he also you will see him on some of our videos and he also is part of the dit project and so we've seen him in the hallways but he is a telecommunicator he's now a com officer because he's learned another trade and or several of the different initiatives that we have when we when we promote internally and so Dwayne is growing with our organization and doing very well so that is some of our key folks a good mixture of people who answer the call and those who administratively support us so thank you for that thank you so much folk if you don't if you don't mind hold on just a second

[Applause] if you don't mind since you're here if you don't mind standing there while we talk about you while I read this resolution into the record and take this vote I think it's appropriate that we stand there and look at you while we talk about you rather than behind you well I'm behind your back but we want to I want you to hear to your face a resolution to recognize the value of 9-1-1 telecommunicators in their role in North Carolina public safety for responding to emergency calls from citizens of the state and dispatching those calls to First Responders in the field whereas 911 telecommunicators are an essential part of the public safety infrastructure in the city and state and whereas 911 telecommunicators are trained to play a critical role in emergency response as the first line of communication for persons for persons needing law enforcement fire or Medical Response and serve as a Lifeline to law enforcement fire and Medical Response Personnel in

the field and whereas 911 telecommunicators served 24 hours a day seven days a week the same as firefighters law enforcement officers and Emergency Medical Services Workers and whereas 911 telecommunicators make the same sacrifices in their personal lives as firefighters law enforcement officers and emergency Emergency Medical Services Workers by leaving their families friends and the safety of their homes to handle the emergency 9-1-1 calls that save the lives protect the property and ensure the safety of their Community during emergency events and whereas 911 telecommunicators heroically answer emergency 9-1-1 calls Around the Clock whereby they provide medical guidance instruct callers on staying safe and extremely trying and often terrifying situations and help God call us to safety during disasters while simultaneously dispatching field units to the emergency situations and whereas 911 telecommunicators must handle the

stress of answering 7 million calls each year one after another daily while serving as the voice of calm in chaos and providing assistance during a call that may represent the worst day of the caller's life on a daily basis 9-1-1 telecommunicators hear cries of Devastation and screams for help and serve as a support as Citizens cope with loss of loved ones and whereas 911 telecommunicators routinely toggle between several calls at the same time while working with multiple high-tech Emergency Services delivery platforms to manage all elements of each call to efficiently and smoothly process and dispatch 9-1-1 and Non-Emergency pressing calls responding to each call professionally which presents a unique stressor within the first responder world whereas telecommunicators handle all of these stressful situations for the callers while working to keep their fellow First Responders in the field safe and whereas to honor the women and

men who serve in this crucial position the Durham city council recognizes the work of 911 telecommunicators in public safety as the first First Responders now be therefore resolved the Durham city council recognizes 9-1-1 telecommunicators serve as First Responders of North Carolina's Public Safety and proclaims them to be the first First Responders the Durham city council expresses a depreciation for the 911 telecommunicators of this city and state for their dedication to their communities and the state of North Carolina this resolution shall be submitted to the city clerk for immediate publishing this resolution is effective upon ratification by the city council and Madame mayor is my honor to offer the motion second to move my mayor Pro tem secondary by councilman Williams if you would open the vote Adam Clerk if you will please close the vote and Report out

the motion passes six to zero thank you thank you May O'Neal yes I also wanted to pull this item but not for to just to thank mayor Pro tem for spearheading this this is very very special and also just to add that we also are putting social workers with the 9-1-1 in the crisis called diversion but I wanted to thank Mary Pro Temp for spearheading this and getting this done thank you thank you that was a beautiful thing mayor Pro tem beautiful beautiful you know we've heard so much in the news about how 9-1-1 our call center and tonight it was just great for us to be able to put faces with people that we

talk about a lot in the news but you don't ever see and then to kind of understand the sacrifices that you know that they make each and every day to keep us safe so I thank you for that being pro-tem that's a beautiful way for us to to continue our meeting and now we turn to our public hearing tonight I do want to note that we have two callers on our on the internet who have not identified a particular um item that they would like to speak to and so if you uh and that will be Miss Jackie Wagstaff and Miss Jessica Faulkner Faulkner f-a-u-l-c-o-n-e-r when you hear the item uh when we get to the item that you would like to speak to please raise your virtual hand and we will be able to direct that it's my understanding that on Monday nights you sign up to speak to a particular item on Thursday night there is a portion within the city

council within the agenda at the work session where you can sign up as a citizen and you can speak to any item that you like to to speak to is that correct or any issue or any issue anything at all right pretty much all right so for on Thursdays on Thursday at the work session but not but tonight we do ask that you sign up you let us know what item you would like to speak to as we call them and we will proceed as I outline in the reading of the consent agenda and at this point I turn into mayor Pro Tem thank you madam your honorable colleagues we now turn to our general business agenda public hearings our first public hearing is item number 14 Consolidated annexation for Carpenter Falls this is a public hearing but we're going to receive our report from the staff first good evening mayor O'Neill mayor Pro tem Middleton an honorable council members good evening I'm Brooke Roper with the planning department and I'm 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 affidavits of all notices are on file in the planning department a request for a utility extension agreement voluntary annexation and initial zoning map change has been received from Jared Edens of Eden's Investments Inc for one parcel of land totaling approximately 132 acres and located at 2621 Burton Road the annexation petition is for a contiguous expansion of the primary corporate limits the applicant intends to develop property as a 235 single-family unit conservation subdivision the properties are currently designated very low density residential on and Recreation and open space on the future land use map if the proposed zoning is approved there will be no change in the future land use map designation of low density

residential and Recreation and open space the applicant is not seeking a change in the underlying zoning District as part of this annexation petition a direct translational zoning is one in which the existing County zoning is translated to identical City Zoning District upon the annexation of the property into the city a translational a translational zoning does not include a development plan and any future development May proceed according to what the zoning would allow while the current use of the property is vacant future development under the existing zoning of residential rural allows for agricultural activities single-family residential developments on lots of one acre or greater in conservation subdivisions commercial and Industrial Development is prohibited in the residential rural zoning District as a reminder three motions are required for this application the first is to

adopt an ordinance annexing the property and entering into a utility extension agreement the second is to approve the zoning ordinance and the third is to approve the consistency statement thank you staff and the applicant are available for any questions thank you so much for your report I'm going to officially declare this public hearing open but before we turn to speakers in the gallery and online I'm going to ask if any of my colleagues have any questions or comments for staff all right seeing none we're going to turn to our speakers we have a several cards and I have uh perform I have one is the app who's the applicant is the applicant here all right that's right my bad I have one card proponent for Rebecca Carpenter what we will hear from the applicant first and then we will turn to our cars the rest I have our opponents but we will pull the house to make sure the cards are correct so everyone have a chance to speak

good evening how much time do you anticipate needing for your presentation to start off roughly five or six minutes five or six minutes yes sir put put seven minutes on the clock please good evening I remember city council Jared Edens with Eden's Investments I appreciate your time this evening I also appreciate Brooks summary and staff's time to date on the project I'm just going to touch on a few highlights and explain some of our thinking here as Brooke said the property is roughly about 132 Acres it's a direct translation so it's zoned rural residential today and we would intend to keep it rural residential once it's annexed the property is located between right in the middle of two city annexed Parcels already there's a property to the East and then directly across Burton Road that are both been annexed previously sufficient utilities exist at the site I mean that's that's one of the first things we look at for any property in any annexation is where's water and sewer a sewer for this project is

directly across the property along the stream it's on our side of Panther Creek which is a good thing so there's no impact there we've got water and Burton and Carpenter Road there's sufficient capacity for the development I mentioned Panther Creek I know there's a lot of environmental concerns obviously locally with Panther Creek and any of our major tributaries like that and I think on sites like this where the the creek runs actually across the property on a large site where you got floodplain and whatnot obviously those concerns are they're always valid but they're extremely valid in that case I think what we're proposing on the site plan we're proposing a conservation subdivision which I think if if you're wanting to air towards the environmental side of things you would you would like that kind of design a conservation subdivision allows for two units per gross acre but you have to preserve at least half of the property as permanent open space it can't be any open space the code

requires that it be a quality open space environmentally a floodplains stream buffers it's there's a list of priorities that you have to to hit those marks hardwood areas things like that so it results in 50 open space which is good it also allows us to keep the density up near the road at the front at Burton and Carpenter and as you go downgrade to the creek the open space is in that area so from an environmental standpoint I mean I've been a stormwater engineer by trade for a while we've got stormwater ponds there they're going to treat 85 percent TSS so you've got 85 percent pollute removal just from the ponds themselves but then these ponds exit and drain through undisturbed property that's wooded with shrubs and ground cover and it gets naturally treated for you know two 300 plus feet before it enters Panther Creek so I think this design is is really perfect from an environmental standpoint

um excuse me I think the use makes sense from a land planning perspective Council recently approved an apartment project we had near the Walmart East of the side that was a high density project and I talked at that time about how the area is playing out zoning wise and development-wise if you start and sort of transition east to west if you start at the Walmart and the apartments to the east at sort of gear in Junction you'll see a transition on the history of approvals where you have high density commercial retail you've got the flex space large office project right there and then as you transition East you go through Griffin place which is a large development with a large number of town homes but as you go further east the density drops as you enter more into the rural areas also as you move East those properties are the properties where Panther Creek actually goes across the rear of the property you know up at Walmart I'm not sure but gear in

69 units an acre both very similar designs to what we're proposing here we have as staff mentioned around 235 Lots on the site plan that density over that acreage is roughly that same ballpark you know one six one seven it's a consistent density and what's a little bit more rural part of town so I think it all works together uh other thing Transportation um we did cause the projects over 150 units

single family units the tias required the results you know not only are we doing left turn Lanes into the development at the driveways but we're required by dot in the city to monitor a couple of intersections for future signalization that's the Burton Fletcher's cheek Road intersection and also the carpenter-in-cheek intersection where for the life of the project at some point we'll have to do a signal warrant analysis through Dot and if the signal is warranted we'll have to install the signal as required by the Tia we're also doing other offside improvements improvements at the intersection of gear and Burton with left turn lane improvements with storage and improvements at Carpenter and cheek um lastly you know we always try to try to incorporate some affordable housing in our projects something we work towards I've been talking with staff for a few months about the ability to to somehow tie an affordable housing profit to an annexation with it with a utility extension agreement which we talked

about on and off and sort of worked out that's where I think we can do that so as part of the utility attention extension agreement we've talked to Habitat for Humanity we would like to donate it's three finished Lots so three finished slots to Habitat as part of the project you know they're excited about it they they see these as as doing community builds for the units I've talked to them directly so it's three lots spread throughout the neighborhood where the the community can help build it they have a little bit more input on the architecture when they build their own units and also just Pace habitats actually got a lot of volume coming on thankfully due to some of the recent approvals and I think this helps them spread things out so I appreciate your time I used up most everything and all the glad to answer questions thank you thank you Mr Eden I'm going to start with our proponents I have one card Rebecca Carpenter are you present this evening

it says it's marked proponent on the card are you opponent no worry are you an opponent okay sure then that will will deal with our opponents now Rebecca Carpenter Mr Ricardo Rodriguez who will require translation I don't it's not Mark proponent or opponent um on the car but we will hear from Mr Rodriguez after uh Rebecca Carpenter Pam Andrews then Thomas Freeman then Donna Steinbeck good evening welcome thank you for being with us if you'll state your name you'll have three minutes my name is Rebecca Carpenter and if that rings a bell cause others families I and my brother on the last piece of the greater piece of land and we are very thoughtful about how we would like to see that area developed but I also

and the native duramite I very strongly believe in looking at the future of all of Durham city and county and I would very much like to see more interaction where the city and the county come together to do what is best for all the people city and county it was very interesting for me to learn I went to all the meetings to begin with and I specifically ask for would there be any thought for affordable housing or in particular oops the policeman left I wanted them to consider affordable housing for police and sheriff and fire because that is very difficult in Durham some can't even afford to live here and have to come into work so I'm simply stating how it feels to be a native of

that part of the county even though now I live in the city and I vote in the city and I would like to see it come together to think about everything we don't want this area to end up Los Angeles Junior where everybody runs away because we've developed I would like to see an overall plan together I would like to see that the city County planning board could be respected as a group working together what has there been only one acceptance one rejection of all the ones that have been brought from the Planning Commission to the city council who are the only ones who can vote make the final vote about the city and you've only rejected one and I'd like to see more thought in that my connection I have to say this I

retired from teaching at Oak Grove Elementary School I was taught there by my mother in the eighth grade and she graduated from Oak Grove so that when I see what's going on in that part of the county it's not what we would like to protect you talk about trees I would like them protected you talk about land and I'm concerned because we saw because the people who did the environmental study parked on my land and so my brother went over and did the Inquisition so that was my time yes ma'am thank you so much that was your time appreciate you being with us tonight Mr Ricardo Rodriguez foreign

you'll have three minutes and we will not uh deduct translation time from the time so the clock will stop during translation he'll have his full three minutes so thank you so much my name is Ricardo Rodriguez and I have a property about an acre in the area Burton Road um so I have received a notification that about 600 feet are going to be used as part of the changes or a program that they're doing and I would like to have more information on how that works

is [Music] and I would love to know how I can participate more in what's happening I'm open to know I just need to know what what is going to happen El Mimo project so I understand that these projects take a long time but as a father of two kids I would like to know what's happening my property and to help Mike and to allow my kids to be part of this project as well so I would love to know if I could have more information about what's going on so that I'm not left without any

information of what's going on gracias thank you very much thank you so much for being with us tonight Pam Andrews Thomas Freeman and Donna Steinbeck good evening and welcome if you give us your name you'll have three minutes we have a PowerPoint that we're waiting to be loaded but we were told that Brooke had it and I'm supposed to tell you slide when I want to change is that correct okay so if you could flip to the first slide that's just a little Mission pay statement and flip one more slide Brook if you would please thank you all right good evening my name is Pamela Andrews 6108 Wake Forest highway I appreciate the mayor and all the city council and staff for letting us come tonight and speak so first thing I'm going to say is what is the rush we have been in two meetings tonight one from six to seven for a neighborhood

meeting we rushed up here on a zoom meeting to come be a part of this meeting what is the rush I want to speak on the parcel of land that flows into Panther Creek the proposed development is a conservation subdivision which sounds promising as was shared this summer by county commissioner Wendy Jacobs we were led to believe this was a new development designed to have less impact on the sensitive land in the Watershed little did we know that all the development on the west side of Doc Nichols Road were using this strategy according to a conservation with Scott Whiteman we had no idea this model was already being used slide please by the way those are the conservation subdivision requirements there's a parcel of land is on Olive Branch Road and if you look at that what is in the green and what is in the blue as you can see that is National Wetland it could not be used if they wanted to you could not use it so Will these conservation subdivisions go back to the previous slide if we don't have to you you're

fine um will there all 12 criteria be met in this new neighborhood because there are 12 criteria which are neighbors in Northern Durham have brought up in question in a recent lawsuit and I'm sure Robin's going to speak to that in just a minute slide Brook please I have personally been to numerous neighbors homes that have been impacted Time After Time After Time by these conservation subdivisions blasting along the residence property line damage to whales and homes when you look at these developments honestly there's not much different with a land that is preserved supposedly 50 percent is only what cannot be used anyway which is the creek beds and the and the lit Creek tributaries floodplains and the Udo it says it's to provide flexibility of design in order to promote environmentally sensitive and efficient uses of land The only green space that is left along these creek beds and tributaries couldn't be developed anyway the runoff from these job sites as you can see my picture that was taken last Thursday on a tour with

some reporters that is what's coming off a job site it is flowing into lick Crete that is an accurate picture taken these stuff is still running this red tomato soup and per your website it says from the city of Durham Panther Creek received a c in 2021 in 2019 it received an 81 so it is degressed and there are no scores for 2023 but there is current blasting getting ready to start in another project that was presented by Mr Edens the people got notices this week blastings getting ready to start okay I apologize if it wasn't yours but they're getting ready to start blasting because the neighbors got word this week please protect our water excuse me water sources thank you very much it's Freeman good evening sir if you'll state your name you'll have for the record drop three minutes thank you for being with us please same same PowerPoint please

good evening my name is Thomas Freeman I'm lifelong resident of Durham I reside at 1818 Southview Road I draw your attention to the slides that Miss Andrews just discussed these are current slides the the image on your left is coming off of a best management practice device to catch the sediment the larger slide to your right the image you will see that's the product of that best management practice that has now destroyed Lick Creek these are shots of Lick Creek I draw your attention also to the fact that what is uh before you today is Panther Creek and what we're looking at is the first corporate residential build out of Panther Creek as you see we are at a juncture there are many similarities of Lick Creek

has the same soils Triassic Basin soils steep slopes which will be impacted by mass grading and Blasting and they're all Falls Lake tributaries these best management practices are not effective take a look uh I'm a drummer I've been a drummer for many years a little story like to tell you in the late 60s as many of my friends in East Durham were waiting for their draft notices we took a lot of consolation in our music one of my favorite artists Ruth Franklin she's a poet and a prophet and a prophet almost She Wrote a Song in 1968 think in The Chorus Line it states think about the consequences of your actions thank you very much

thank you Mr Freeman staying back good evening if you'll state your name for the record you'll have three minutes thank you for being with us it's the same slide presentation I'm the next slide Slide Five yes my name is Donna stainback I live at 4825 Jimmy Rogers Road in Durham North Carolina um I'm speaking about the second purpose of the Udo on conservation subdivisions to preserve and pep perpetuity unique and sensitive natural resources such as groundwater floodplains wet plane Wetlands streams steep slopes woodlands and lifestyle wildlife habitat what um you're seeing on the left is a picture of the site that we got in the Tia and it's got pictures seven Retention Ponds needed for this site how is that going to affect the world the wildlife there

and we have on the right side a picture from another conservation uh subdivision and this is the water that's coming in the runoff from that because the Retention Ponds that we're using now just are not doing the trick there so um how are we going to meet these at this purpose and how will it be monitored is the developer providing a wildlife Corridor a 300 foot buffer on each side of Panther Creek so um we can help meet the needs of the wildlife and and actually the humans also um the um there is much land to be clear-cut 90 some acres and well and mass grading in one or two phrases it wasn't in the documentation in fact very little was in the documentation that was provided on

site I went through it all and and this caused us a lot of issues um a plan is not visible of how the phasing and tree conservation will be used to protect the spaces with this elevation changes from 368 feet to 294 feet blasting will be probably be used and that will destabilize the natural areas these will impact the wildlife and natural areas it is not clear how this will promote contiguous green spaces for the inhabitants both people and Wildlife so the key thing is I have a lot of questions that we don't have answers for and I'd like to see you know the plan that would have these answers in it so and that that's what I'm looking for is a better plan thank you thank you so much for being with us for my next set of cards uh Pam Williams

Rebecca Freeman James Chavis Robin barefoot good evening if you'll state your name for the record you have three minutes thank you for being with us sure could you bring up slide six and I'll tell you when you go to slide seven uh good afternoon my name is Pam Williams I live at 2130 Adventure Trail um I would like to address item number eight of the 12 purposes of a conservation subdivision uh the main statement encouraging you supports and Community facilities as focal points in the neighborhood this proposal showed no mention of Parts playgrounds dog parks or gathering places on this proposal what will be provided for the 252 dwellings are 655 residents we don't know neighbors to this site along Burton Road already have drainage problems grading this site with increase the drainage issues has a developer coordinated with these neighbors there's

no mention of affordable housing for those that serve this area such as police EMS teachers etc etc I do understand he just stated he would donate three finished Lots out of the 252 units I don't feel like that's enough we need to provide for our police EMS and teachers in this area there is a proposed Wildlife Corridor along Panther Creek with the developer be providing the 300 foot buffer along the creek the proposed subdivision parallels the proposed Panther Creek rail trail but it would be hard for the community to use this Trail uh since Panther Creek will separate them and Burton Road has no shoulders on it to walk down to the trail how does developer plan to connect this and will or will it just be the city's cost uh that's like six slide seven please uh on uh the 10th item of the 12th um

items to address the purposes of the conservation subdivision I like to bring to your note reduce automobile or Reliance on automobile there is these are tiny curvy Country Roads nine to ten foot lanes and shoulders are non-existing there are no sidewalks bike lengths along comfort upon Burton or cheek to go to any business connect communities around and to connect to Panther Creek Trail this community rely on nothing but automobiles since there is no Transit within three miles of this property and the nearest grocery store is approximately four miles of this property there is a service station but the shelves provide little to eat I would like to remind everyone that in this area between 85 70 and Leesville Road over ten thousand dwelling units have been approved that are under construction now and I'm not saying they've already been built they're under construction now and are pending

instruction and these have been approved just in this area Panther Creek little Lick Creek and liquid thank you thank you so much for being with us tonight Rebecca Freeman good evening thank you for being with us if you'll state your name you'll have three minutes thank you for being with us next slide please thank you okay um mayor O'Neill and council members I'm Rebecca Freeman a lifelong resident of Easter Rome most of my life has been in southeast Durham I'm an 1818 South South Bureau now I'm going to address number two of the 12 items that are listed under a conservation subdivision requirements the conservation subdivision shall be established for the following purposes number two is to protect Prime agricultural land and preserve farming as an economic activity on this particular plan we can't see whether or not there's going to be any agriculture or farm land protection or not is very difficult to see much of

anything with the with what is on the agenda item online the the plans are just images and they're not detailed at all for us to be able to to determine anything that's really going on this plan I want to also call your attention to the fact that this subdivision is supposed to conservation subdivisions shall have at least 50 of the gross area in open space which this says it does and in doing so it uh decreases by half the number of buildable Acres of the acreage that's there so that would be 66 acreage Acres of buildable Acres uh land and on that would be 235 single family homes which doesn't include just the home but includes the streets the sidewalks any of the infrastructure that's there too so I'm not sure exactly how tight these houses are going to be there's no image that that was on the agenda that that showed us anything about that and um the next slide please

this shows you a slide of the image of the property which is at the lower left-hand side and it uh it shows you the elevation changes and as it gets darker the elevation is um is is greater and is spoken to earlier that elevation changes on this property from 368 to 294 and so in order to get that flat building space that's required in some of these in these corporate building sites that they're they're using now there's going to have to be blasting most likely and a lot of land movement and land disturbance that's going to be very damaging to the property there and as you see in the very back of it on the uh the green part it goes right down there into Falls Lake through Panther Creek one other item that this guy thank you very much for your time thank you so much for being

with us Mr Chavis good evening thank you for being with us if you'll state your name for the record you'll have three minutes good afternoon my name is James Chavis I'm 2813 Ashfield Apartment B as you know this area they're talking about is part of Pat district one so some of you wondering why I'm here I want you to know that's our area one different one and I'm very concerned because I've seen what these developers has done in our area and one of this I sent you these questions and also that this deals with what these peoples are talking about the same thing we was dealing with the wheels our answers has not been our question has not been answered by our workers that our taxpayers make so each one of you got these questions these questions I sent to you and the reason why I'm supporting you because honey you've been to Twin Lake right here in Durham

where the same thing has happened on that slide one lake is beautiful blue the other one is good Brown you can't see it you can't use it you can't go out there and even look because you see the disaster that the builders have done right there often 98 okay this is true what's going on some of you all are busy doing other things but it takes the community that they live in to get and bring you the truth now somebody is lying are they the people who live in this community line or is that the developer line it's a developer not telling them all the truth or the people that live in that Community are not telling you all the truth because I will ask each and every last one of you have you been out there to that area have you seen that area have you talked to the peoples in

that Community have you really talked to this developer uh are you just gonna take the word of your staff because your staff also lies and we know that so please before you vote for this make sure that each and every one of them go back to the table and sit down and talk and reason these things out because if you do you will find out Don can go further and quicker with everybody joined together because their affordability is not what they're saying they're saying that we cannot live here today what about tomorrow because if they continue to get what they want what's going to happen to you next thank you thank you Mr Chavis Robin Barefoot thank you for being with us if you'll state your name for the record you're up three minutes thank you good evening members of the council mayor O'Neill my name is Robin Barefoot I live at 6726 Johnson Mill

Road that's in North Durham I've lived there for 40 years I've also practiced law for 40 years estate planning real estate business corporate and currently philanthropy I work for a foundation in Charlotte I'm here to alert the council and to perhaps inspire you to think carefully and to continue your diligence with regard to conservation subdivisions what was proposed in the uniform development ordinance decades ago when it was first passed as something that would protect the resources of Durham County has over decades Across the Nation been titrated by the development Community writ large to become a loophole by which they developers can gain quick and ready access to approval from boards and councils such as yours in other states and other jurisdictions

and they can very quickly and often in a buy right context which is our context here in Durham get approval to go forward with the development and the challenge with that is that they are not actually preserving or conserving any of the natural resources there or the neighborhoods or the people and the gentleman that just spoke made it clear that if you were to be visible if you were to go and look at this property you would see and and the Damage that's being done what's interesting is that I am a plaintiff in a lawsuit against Durham County with several other individuals in North Durham we are challenging the approval by the County commissioners of a pres development called Mason Farms on Preston Andrew road which is near Johnson Mill where I live and we're challenging it because the planning department believes that only an elective number of those statutory requirements under the conservation easement

um conservation subdivision ordinance have to be approved or presented or accomplished by the developer and and my reading as an attorney of that ordinance and the lawyers that we've hired their reading of the of that ordinance would tell you that all 12 need to be met and the conservation subdivisions that have been approved in southeast Durham and that are are now being challenged not only by these community members but by other other organizations in the state as being violating water and other kinds of environmental concerns those were also approved as conservation subdivisions to my point you can get in the door as a developer using this Theory this this ordinance and then you can go forward in a manner in which you'd like to do I had other points I'd like you to recommend a movie if you haven't seen it kiss the ground kiss the ground narrated by Woody

Harrelson thank you so much thank you so much for being with us thank you so much mayor protest all right thank you for all of you that are here personally with us in chamber we're not going to turn to our speakers online I have two indicated first Vicki Johnson and then Tina Motley pair will start with Vicki Johnson medical clerk if you can make her a hearable good evening Vicki Johnson can you hear me thank you so much for being with us if you'll just state your name for the wreck I know I already said it but if you'll state your name for the record you'll have three minutes thank you for being with us tonight I did not intend wanted to listen in but I'm really even more concerned after hearing all the things these people have had to say and seeing the PowerPoint presentation and I really would beg the commission to

think carefully before allowing the annexation to be approved thank you very much thank you Ms Johnson for being with us tonight next we'll have Tina Motley Paramount clerk if you will make her hearable hi can you hear me I can thank you very well if you'll state your name for the record you'll have three minutes thank you for being with us hey good evening mayor O'Neill and members of the city council my name is Tina Motley Pearson I live at 2205 Olive Branch Road in Durham um you know the idea of a conservation subdivision sounds really good if you happen to read each item that the developer shall do it sounds great however I was shocked to find out that the development and progress on Doc Nichols and Olive Branch Road has it has multiple violations in fact that's one of the ones um that the selc has been involved with

um it's in fact a conservation subdivision I'm I just can't even believe it because if you haven't been there they masqueraded very close to the residents and they even cause damage to these houses with their blasting the sediment and erosion issues have been notorious and part of the reason for the selc letter if your mama lived there you would be pissed it is so noisy and so messy and muddy and horrible and the houses have been damaged so it's also my understanding that triple crown Farms was annexed under the premise that it was going to be a conservation subdivision but then the developers decided to change it after it was annexed so you have to ask Bears the accountability who's keeping tabs on whether all the boxes for a conservation subdivision are checked conservation subdivisions are annexed by right under

the premise of the developers are abiding by a certain checklist but we don't see evidence that the developers are abiding by the list and as far as we can tell no one holds them accountable for not abiding to the list so hopefully you can understand the frustration of the residents anyone with a conscious conscience would realize this isn't right there are so many loopholes workarounds and blatant non-compliance that it is very difficult to support any of the developments in this area thank you very much for listening thank you so much Miss Pearson and I apologize for butchering your name in the little box on my sheet it stopped at pair so please forgive me and thank you for being with us all right colleagues and friends that uh ends all of the registered speakers uh that we had before I pull the house for anyone who else might like to speak Mr Edens would you like to respond to anything you've heard

yeah thank you I appreciate the uh the chance to respond I was taking notes and I'll try to go through some of these uh Miss Carpenter mentioned affordable Workforce housing which I've met with Mrs Carpenter and I believe her brother a couple times at their house and got to talk to him a little bit the one thing about this side is you know we we don't have the Builder completely lined up yet but we are looking at homes that are more on the affordable side compared to the current market uh you know you've got higher interest rates coming on that's going to bring down prices material costs are getting lower construction costs to get lower so I think it would allow for you know a little bit more affordable more Workforce kind of housing I also want to mention this property is within the existing and the proposed Urban growth area I know staff has a proposed line and there's an existing now but we're inside of that in both scenarios Mr Rodriguez the I think the 600 feet he may have been referring to the the notice area required by uh by the code whenever we have

neighborhood meetings and whatnot we have to send notices out but we're not proposing any impact to anyone else's property um Mr Andrews mentioned environmentally sensitive areas and efficient use and again I think that's what the conservation subdivision is I mean it specifically saves environmentally sensitive areas like the lists we're all talking about I was on Planning Commission when this was passed in 2008 and I know the list intimately and we've used this several times and the the staff planning staff is very forceful in making you go down that list and the word shall is definitely in there and the word shall is enforced so they say you know number one is stream buffers number two is floodplain number three is Wetlands things like that this is not a decades-old Udo it was 2008 as I recall also on Wetlands you know we we delineate the wetlands for every project before we start I wouldn't start a project if I didn't know where the wetlands were because you have no idea what the impact could be but we've had those delineated

6 foot deep but I'll make the same argument I made before on sites where

69 units an acre but that Corridor exists you know it may not be 300 feet consistent all the way but with the conservation it's I look it's easily 200 feet plus and the

4 units an acre in our our zoned you know in in city with water and sewer

by right but you know it would impact you know this this guarantees 50 of the property doesn't get touched and it is permanently preserved and it is maintained by the HOA and it is permanently recorded in an easement so again I think it's a good design and a good use and I appreciate the opportunity to respond thank you thank you um colleagues I'm going to now turn is that since we've gone through all exhaust all of the registered speakers well uh as per usual check for any other speakers who may want to speak on the side of messages of public hearing but I will turn now to my colleagues for any questions or comments they may have councilmember Hyman thank you thank you I'm just a little confused on there were a couple of things that you said that were well that the residents said that they were not in the plan but then you said you were thinking about the affordable housing piece and then some other things just collect because I'm kind of confused on what was in the

plan and what you're adding to the plan and yeah I appreciate that so so we had multiple neighborhood meetings on the lunch process I think we had three two maybe three again and I met with several neighbors walked their property walked through their property lines I didn't mention the 50-foot perimeter buffer that we've got on the plan that's not required anywhere in the code but yeah on the affordable it again it's on rezonings it's historically been easier to do that you get more density and you can you know you can afford things like that and we've got profits in place to do it again but for this one I thought you know it's a great opportunity to find a way to attach affordable to utility extension agreement which is a good way a good trend is set and I think that it would just provide more units so um yeah and the mention of open space and what's included I mean it's it's there it's on the current plan staff's going to enforce the current plan obviously it's still in review and it takes time to go through this but we we have all the items that I said that we have

thank you thank you councilmember councilmember Freeman thank you I just wanted to hear from Miss Barefoot again your explanation of how the Conservation District is used yeah so um you know I hear that you can boil a frog in water if you slowly increase the water till it gets so hot that the frog doesn't know it's dying and I think that over decades the development Community has worked really hard to convince lawmakers Across the Nation and elected officials who enforce those laws that the kinds of changes that they are seeking are to accomplish ready ready um you know forward progress when applications come forward in other words they don't want unnecessary delays nor do we but I also think that they are looking

for opportunities to not necessarily have to reveal the full scope of what what their plans might entail so I think it's it's um they've they've made the they've made the development process and the application process very favorable to themselves and so this conservation subdivision when I I believe and I have a colleague who is a neighbor and friend who is um doing work to research back to the earlier versions of the Udo I think that the original version of conservation subdivision was intended to be an exception to the rule in other words if there was an amazing property that had historic things to preserve acreage to preserve Wildlife corridors agriculture then the city or the county could give that developer the opportunity to push all the housing

together through more concentrated density and to even use if they needed a waste water septic treatment rather than sewer which is being offered in this context but in the context of Mason Farms which is the appeal that I'm in it's not an option because we're way far out in Northern Durham County and so so I think that the this intention of a conservation subdivision was really to be a very infrequently used opportunity because I think that it was going to be a rare set of circumstances that really allowed a developer to say hey we're going to do all 12 of these things and that's why we want you to let us consolidate the housing and mass grade to put in a septic treatment system but but I think that by virtue of again this narrative about how we can do more affordable housing if things cost less for us to get through the hurdles of good government they um the developers I believe are

abusing this I I think that they they are getting in the door with plans they're getting approval because conservation subdivision sounds great right I mean it does sound really good but but what's happening on the ground is not conserving anything the damage is very vital you saw pictures of it and and I've been seeing it myself um and so the the real concern here is that that the it's they're being the developers I think are being given keys to the kingdom but then they're not really following through um and so and I and and again one of the one of the real concerns I have and my education in this is very short-lived but affordable housing I've been told by people who are working in affordable housing both here in the triangle and in Charlotte you cannot build in 2023 affordable housing you can't build it what you have to do is find something called NOAA no ah which means naturally occurring affordable housing there are

properties within the city that are both residential and commercial that for a far lower price point could be turned into affordable housing so that folks don't have to try to get depressed in Andrews Road there's no way someone at 30 Ami or 50 Mi is getting to Preston Andrews okay it's eight nine miles out of town um I'm not even sure they can get to Carpenter Falls um from from where they might live or work and so so I think the county and the city have you know I'd be having to introduce folks to the people in Charlotte that are now working on their second Fund in order to do naturally occurring affordable housing it requires different funding it requires Venture philanthropy you have to have patient Capital you can't have the kind of capital that I believe this um this gentleman probably represents inpatient Capital where they on a return on investment and they're entitled to their return on investment but the concern is

is that the price that's being paid by the environment and by the neighborhoods and ultimately by the city of Durham um I I just feel as if I I feel as if there are other strategies for affordable housing I'd love to talk more about them I'm not an expert but I I know people who are and um and I I would love to see that because our firefighters and police officers certainly need affordable housing but there are so many folks who do and and because no one's going back to work anytime soon because the next epidemic is going to come there's going to be commercial property to turn into affordable housing let's do that work I'm I'm ready to help if I could ask you to join us on the March 16th date if you're available that would be helpful okay I'm not sure what that is but I'll follow up with you we're taking that deep dive conversation around the real estate and affordable housing and some of your commentary tonight would be

helpful too I would love to be there I'll mark my calendar and let you know if I can't be there thank you thank you thank you councilmember colleagues anyone else questions or comments councilmember I yeah I actually had a question for the applicant foreign could you uh and I dare not ask you to go inside of your bank account that's none of my business but could you help us get a little closer to reality around how um Finance thing that the things that you've offered such as the the preservation here um and the the profits that you stated how how does how do the numbers work and

I'll give a little context on why I'm asking this question um we have we've created our culture where we demand very specific things without understanding the specificity of making the project happen and I think that it'll be really although we keep having these deep Dives that are invaluable and I still think that there there needs to be a little more discussion and since you're here tonight in the hot seat could you break down how this works foreign yes I appreciate the question and um I'm just trying to think I think there's you're asking the tough question right um but yeah I mean the numbers are different on each project you know I've made a reference earlier to you know in re-zoning cases when you go into a project and and often rezone cases if you look at it you know base densities in in Durham if you say to RR is to an

acre almost every zoning has a PDR for a grader so you're looking at sort of a doubling of density minimum almost every time a zoning comes through when you have that and you run the numbers and and it's very important that you can spread costs among more units I mean every every number is based on a per unit development cost and a per unit land cost and permitting it all goes in so the calculations are different for each one on the ones that are zoned you've got more flexibility and we tried to do that you know we've had a 15 recently ones like this where you're doing a trans translational zoning and you know it's 264 homes allowed we're not hitting that Max I mean it's around 230 I think we're like 231 right now that's a different calculation because it's um it's a little bit lower density obviously we know that going into it but it's just different you know different finances I mean it's not easy and it's not just a matter of I mean I know the numbers I can run the numbers and I've

done it for a long time but it's not just a matter of running the numbers I have to find Builders who are willing to do what I'm asking them to do you know we're land developers we do horizontal but you know I don't build a vertical construction at least not yet so we've got to find a builder that's willing to do that you know we found some good builders on past projects but this is not you know we try to financially try to hit singles and doubles on our projects I mean we've had a lot of projects but not all of them make it to fruition and there's a lot of money spent which that's our risk and that's on us but there's a lot of money spent to get to these projects to these points and sometimes they fall through they don't get zoned things happen and and it affects everything because all the projects are are affected but I think the finances you know they support the three finished pads out here if I could do more I mean I would be trying to do more but again I think it's a great precedent to attach it to the utility agreement and I hope that answers your question okay thank you

what what is some of the other feedback that you've gotten because when I look at the when I look at the map here there are a lot of houses out here a lot and I I don't I don't want to be facetious here but based on what I'm hearing we need to clear these houses out and and get back to just the land being natural because I I don't know how we have all of these homes and we can't put more here in this type of format so I'm just trying to better understand what is what is being asked and I want to know what these thousands of people who live out here saying so if you could generalize that as far as what is some of the feedback that you've gotten since walking throughout the neighborhoods and talking to folks I mean it's it's consistent um you know slightly

7 unit an acre got a couple different product types we have some 30 foot and 40 foot product um but just you know a lot of concern about growth and how to dress it best I can but thank you I have a question for um one of the residents gentleman Williams I might just uh give um a notice that we are close to the top of the hour so at

9pm we'll be taking you well around 9pm we'll be taking your break for our closed captions just wanted to give it a three-minute warning heard um Miss Andrews would you like to answer this question or is it is it to your interpretation that the current development is causing the high stability levels and the other issues with the water out there now yes I would concur that all right so my my concern there is false Lake has been an issue it was developed in 1981 and if it became an issue in 1983 and and it's only continued to be there so I just want to make sure that what is happening now considering Durham has some of the strictest routes across the state I I want to make sure that I'm not missing something there

that the development is called the current development is causing the issue that is reported back in 1983 and and continuously fell yes and I I follow you all this is something on your website as the city of Durham website that has the report card on the various Creeks so this is coming directly off your website where they get a grade every two years and so 20 2021 was the last time a grade was given it has not been updated in 2023 and so as you know we've been following this and watching the turbidity and I don't want to embarrass the reporter but she's in the room that went with me this past week Mr Freeman and myself went and we saw it happened to be the day after heavy rain and I'm not going to say the development name but the red water was pouring off the site it was pouring the pipe out the side was pouring but it was also going around the double silt fence and I know that's something that's in the the plan tonight matter of fact I was out there

on Friday and I saw Ryan thank you so anyway but anyway so that would be my answer and I hope that answers it but gotcha this this helps a lot while on your website got you the uh the Water the the land out there the dirt is Clay dirt is Triassic Basin soil which is Clay dirt yes and turbidity is cloudy water right it is making so that you cannot see and the meter that is used is put in there if you haven't seen it's pretty amazing it's not mine because it's very expensive and it measures it so yes so it's going to be cloudy when it rains it is but the devices that we have on site should are hoping to stop that which is why Ryan's amendment is so important tonight and that's another thing like what is the urgency let's please get these amendments placed that's what I beg every week thank you so much and and the urgency is is clear as we all know there's a lot of people moving here we can't stop that I understand we need those amendments badly thank you gotcha got you thank you uh I'll I will suspend and I do have

another comment uh I'll suspend into that thank you councilmember we will be in recess until 9 10 we'll go back in at 9 10. thank you all

org you can also follow updates with hashtag drum Creek week on Facebook Twitter and Instagram can you tell me what the difference is I'm sure some of our viewers would like to know what the difference is between maintenance and repair yeah so

maintenance that's more like pothole repairs doing patching things like that small so you're thinking about small scale work that that's maintenance so repair that would actually fall in our Paving program we're doing large sections of Roads so entire neighborhoods um you know miles of Roads versus small little sections so Tasha how do you determine what kind of repairs are actually needed on a street so there are various factors that we consider first is the the PCI what is the condition of the road as it was last rated and then we look at the condition of the road in real time so if the road is in good condition we perform a specific uh category of repairs if the road is in fair condition there's another category of repairs and if it's in poor condition yet another category that we can apply

cracks and the type of distress also impacts the type of treatment you will see even within the goods Affair category have you noticed more electric cars on the road recently they are gaining popularity as more models become available and charging infrastructure continues to expand let's discuss some basics of electric driving there are two types of electric vehicles battery electric vehicles are powered solely by an electric motor with rechargeable batteries plug-in hybrid electric vehicles are powered by a combination of a gasoline engine and an electric motor with rechargeable batteries electric vehicles offer drivers multiple benefits including Fuel and maintenance

savings enhanced vehicle performance a fun Driving Experience and environmental friendliness there are many types of electric vehicles to choose from and new models continue to enter the market for your typical passenger vehicles there are electric sedans SUVs and trucks for medium and heavy duty Vehicles there are electric vans buses tractor trailers and Specialty work trucks and we can't forget about the two-wheel vehicles electric motorcycles and bikes are quickly becoming Rider favorites all of these vehicles get their fuel from the electric grid by plugging in to charge there are three levels of charging level one level two and DC fast charge level 1 charging uses an adapter to plug into a standard 120 volt Outlet providing around three to five miles of range per hour

level 2 Charging uses a 240 volt outlet and provides 12 to 60 miles of range per hour level 2 charging stations can be installed at home and are commonly found in public locations including shopping centers downtown communities multi-family housing and workplaces DC fast charge stations provide the quickest charge adding about 60 to 80 miles of range in 20 minutes DC fast charging is usually located in high traffic public spots and along Highway corridors while drivers tend to do most of their charging at home there are multiple apps and websites to help locate Public charging stations with electric vehicle and charging options growing daily drivers are zipping around their communities and traveling the country cleanly and quietly with plenty of places to plug in along the way a lot of people for a parking there you sure you don't want a surface area on the ground a little more

so the concept is but you're inviting the city to it yeah it's a big city friend if you'll come to order it's 9 10 we're going to get started okay thank you so much if you come to order it's 9 10 15 yeah summoning our colleagues will give our few minutes for our colleagues to get back doing all right continuing with our public hearing

my thing is We are continuing our public hearing for item number 14 Consolidated annexation uh Carpenter Falls um council member uh Williams I will I will yield back you for your your I think you had one final question I'll just go ahead and make um my comments uh now I want to um firstly thank the residents for for coming out tonight uh I did notice a number of the speakers uh tonight alluded to the same um slide presentation which suggests coherence would suggest organization so I'll address uh the bulk of my comments to those who who are in organization um firstly I want to say since I've been on the council the colleagues this is a direct translation this is this is almost one of the most perfunctory things we do um it's it's so perfunctory that the Planning Commission doesn't even take a vote on it they just passed a resolution

because whatever can happen after this vote can happen before it it'll just be on Wells probably as opposed to connected to our city water and sewer this is almost a layup um for us and I don't think I've ever seen uh this much opposition to a direct translation vote which leads me to my next comment I think that some of what's going on is is the application of one solution to all problems everything is looking like a nail in this case and and you know be it far for me to give tactical a strategic advice but the you know our responses I think should be tailor-made to the to the item that's before us um you know America's had a challenging history but one of the part of the genius of our system here uh in America is that we're democracy we're deliberative um our system of jurisprudence is adversarial um you know I don't know who's going to Prevail in any upcoming litigation but I

do know that you know one side has an opinion and another side has an opinion uh and we'll we'll hash it out but it is not the purpose it is not the role of this council tonight to anticipate what's coming down the road or to behave as if what's coming down the road is actualized now we have to vote on what is before us tonight and as the law exists uh tonight um the residents of Durham are not Liars and our staff aren't Liars people have different views that is the genius of a deliberative system we come with our views and sometimes differing values we engage in debate we don't kill each other we go home and we preserve our democracy that's how it's done um you can be wrong and not be a liar about something on both sides so I I do want to say that but for tonight I'm supporting this because it's a direct translation we're not being asked to rezone anything um the the what it's known for now Will Will just change over uh to the city uh

and I think that you know this approach of and and final final comment it's clear and I think preserve real Durham has been clear that the goal is a a moratorium until we adopt uh the Udo amendments and I I do not support a moratorium I I do also want to say just from a tactical and kind of a message crafting a point of view if if the issue is damaged to the environment then why quibble over the number of affordable housing units if if if if the if the issue is damaged to the environment what difference does it make is the is the suggestion that well if we cross a threshold of 10 affordable homes we'll forget about the environmental damage and Let It Go um so the the notion that it's not enough I think it's a bit of a bit of a red herring if the issue is is environment then whether it's one unit of affordable housing or 18 or all of it out there I I think that there's

something to be said about message crafting and making sure it's not contradictory uh when it's presented but this is a direct translation we don't get many layups on the council uh it has historically been perfunctory again so much so the Planning Commission doesn't even vote on this they just passed a resolution saying yeah this is a direct translation um I I think that should be kept in mind as we proceed with the rest of this discussion this evening I'll be supporting this direct translation thank you colleagues council members councilmember Javier yeah I just wanted to have a little bit of understanding so the affordable housing to the utility extension agreement we have never had one of those if I'm good evening Sarah Young with the planning department we've had I think maybe on one other occasion a commitment built into a utility extension agreement so it is possible the attorney uh City attorney has some language if you all

decide to go that route to amend the first motion in order to capture that and let staff work behind the scenes to make sure that the attorney's office is comfortable with that language afterwards thank you um oh sorry I I'm gonna thank you um I will be supporting this I did actually drive the site earlier today I went to both sides for both of Burton side and the carpenter side walked the property as I tried to do with most of my zoning cases unless like later this evening where it's just one single house I'm not gonna drive that that's pretty straightforward but there was a resident earlier curious as to what are our knowledge is on the sites and so um just want to be real clear that I drive my zoning sites and when I'm able to I walk the property sometimes that's I'm not I'm not going to walk in there today it was interesting there was lots of leaves I didn't want to get bit by a snake um but it it made sense when the developer shared this evening kind of the strategy close to where the industrial park is

going near the Walmart and the the density closer to that and and then the lowering of density I understand why this is a conservation subdivision I don't particularly want that many single-family homes I would love more density but because of the ecological um the ecological nature of the site the streams that I saw on the property myself I understand why this is a good a good tool um and I appreciate the affordable housing commitment I appreciate the trails throughout the property that will be open to the public as well so other folks in in part of Durham that that doesn't have a lot of these public amenities will be able to to utilize that so these are all um things that I think are are important and and positive I know that we've had several residents who have now been here many months I do find it interesting that it started specifically in the Searles Basin and now has moved into other Geographic areas of Durham using the same arguments

um so I am a little bit curious about that and just the other thing I do want to highlight and it's something that I've noticed a lot when I drive my sites when I go into these neighborhoods because I often will drive the site and then if I can depending on how much time I have several of the surrounding communities around so if I see a few subdivisions I drive them I want to see what's it look like in there how close are the houses what what's the layout how's the connectivity what are we doing and are we doing it well the one thing I have noticed is how diverse these neighborhoods are most of the folks that I know who've been able to buy in Durham since 2015 this is the part of Durham they've been able to buy in and these folks are black and brown and that's important our inner core neighborhoods unless you are gentrifying in parts of East Durham are not affordable you can't afford to do infill development in these places because it's too expensive the dirt itself is so expensive it's for millionaires at this point it's not even for comfortable people it's literally for millionaires

so if we don't build housing around these areas we are pricing out a lot of folks and the folks who are getting priced out are often our black and brown professionals and that's reality and I will continue to support things especially when developers go beyond the basics of their and and give us affordable housing and think more about the environment and I'm glad that we have some of um the soil and erosion text amendments later on those are also important and I'll also be supporting that thank you thank you councilmember councilman Williams did you want to finish up yeah I'll just finish up I just wanted to make sure that because it's often stated when we do have a little debate back and forth that um you you all as community members we're putting you on trial and that's not the case so I just wanted to make sure that you know the The Exchange is respectful uh we may not always agree I can't remember her

name but she said I hate your voting record but I wanted to call and make sure you were fine and that's just simply being cordial so you are heard you're being listened to but we do have to you know make these tough calls we have to make these tough decisions um again another Trend will set tonight you know and we don't have the luxury of stopping clay dirt when it rains from being tomato soup we just don't have it and because of you all Preserve Road Durham the same folks that come in here every single meeting because of you you've inspired me to really really really dig deeper into this and what I learned was that Durham has the most strict water management requirements out of the entire state and I honestly don't know I don't know

what other I don't know what else we can do because we can't control people from moving here they they're gonna go somewhere and a lot of what doesn't come before us is by right so people are going to build people are going to they're going to grow but I'll close with this and this is where my I do get frustrated around this and I know we don't like putting rates into it but when I look at our schools and I look at how young black boys are performing in our schools nobody is blowing the school board meetings up about the curriculum or teachers teaching people are dying every day at a hospital and nobody's knocking the glass wall the glass doors down about doctors administering Medical Care now we may come from two different backgrounds of privilege

we may come from two different worlds but this is the reality that we share and the fact of the matter is there are folks that need a roof over their heads and developers develop they build whether they're a private landowner or whether they're someone that's building on behalf of the other person who does on the land people build and those are the folks that do it we mitigate and we try to get as much as possible out of them we try our best without pushing the legal parameters of a quid pro quo that's why we can't demand it but if we don't act tonight something's going to happen on the land something will happen so we can take action to mitigate the growth or we cannot take action and just make it more more uh difficult to get a get anything affordable but we can't say stop building and also

use the word affordable in the same sentence that is impossible thank you thank you council member I'm going to declare this public hearing close the matter is back before the council this matter requires three emotions but I'm going to check one last time that any council members have any questions or comments all right uh motion number one to adopt an ordinance Annex and Crescent Drive assemblage into this am I reading the right thing I'm sorry this uh forgive me Carpenter Falls number 14 resubmitting emotion number one to adopt an ordinance Annex Annex and Carpenter fall subdivision into the city of Durham effective March 31st 2023 and to authorize the city manager to enter into a utility extension agreement with Eden's investment Inc pardon me maripartum do you all want to consider the profits that the developer made this evening yes has does the motion need to reflect those problems question number one will then need to be amended would you give me the language please I will to adopt an ordinance

Annex in Carpenter Falls subdivision into the city of Durham effective March 31st 2023 and to authorize the city manager to enter into a utility extension agreement with Eden's investment Inc with the Proviso that appendix B of the attached UEA will be amended to add language satisfactory to the City attorney specifying the following profit that has been offered by the developer this evening the donation of three finished lots to Habitat for Humanity has an affordable housing contribution to the city of Durham I'll entertain the motion as read so move second higher motion from councilmember Williams in the second from council member Caballero Madam clerk would you please open the vote Madam clerk would you please close the vote and Report out there's a tie the vote is three three with mayor O'Neill councilmember Freeman and council member

Halsey Hyman voting no emotion fails uh do we need to carry on we don't need motion number two motion number one fails correct counselor all right I do have a question um Madam attorney when in in the past when profits have been offered uh by uh developers on the spot in real time I know that there has been some exchange between staff capturing it and I can't recall the motion ever being amended should that be the process going forward is there the reason that that was the process this evening is because we don't have a development plan before the council got you absolutely thank you to my colleague councilmember Hyman for item number 15. thank you mayor Pro Tem the next item on there is number 15 consolidation Consolidated annexing Crescent Drive assemblage I'm going to ask for a report from our staff

37 acres and located along the intersection of Crescent Drive and Wendell Road this annexation petition is for a contiguous expansion of the primary corporate limits the current zoning is residential Suburban 20 for the initial City Zoning of this site if the annexation is approved the applicant proposes to change this designation to residential compact with the development plan to allow for the construction of up to 107 multi-family units including apartments and a minimum of 15 townhouses this request received a recommendation of approval from the Planning Commission

on November 15 2022 by a vote of eight to one the properties are currently designated Design District on the future land use map the proposed residential compact with a development plan zoning is consistent with the designated use shown on the future land use map if the proposed zoning is approved there will be no change to the Future land use map designation of Design District as a reminder three motions are required for this application the first is to adopt an ordinance annexing property and entering into a utility extension agreement the second is to approve the zoning ordinance and the third is to approve the consistency statement thank you Stefan the applicant are available for questions from staff and I'm going to declare this public hearing open first are there any questions from set for staff from the city council members

seeing that there is none I am going to ask the applicant to come forward and I'm going to ask you how much time do you think you need good evening um just I'll be very brief couple minutes uh at most five minutes I'll be less but that's fine thank you thank you very much good evening my name is Andrew bodois good evening mayor and council members appreciate the opportunity to be here tonight I am with Park Grove Realty and our project is proposing on the Crescent Drive assembly to have 107 multi-family housing units um I think it's a really fantastic location for what we're proposing as planning staff mentioned it was approved eight to one at the Planning Commission and is consistent with the future land use plan which envisioned multi-family housing on the site I believe it's a little over five acres it's a perfect location for

it because the adjoining land uses are multi-family there's a couple one multi-family project being built adjacent to it there's another that's already fully functional and as you're probably aware there was recently approved a townhouse for sale townhouse project that is on the other side of the Wendell road which is very close to this site as well the uh at the Planning Commission we discussed our proposal and we had considered some townhouse units on the site and the Planning Commission asked us if we would make that a pledge to be part of our proposal and we agreed to do that they were asking because they wanted to see a mix of housing types and so we were pleased to be able to commit to at least 15 of the housing units being townhouse units The Proposal includes a mix of one two and three bedroom apartment homes the majority are

one bedroom but there's a mix of two and three and the townhouse units will will be part of that mix as well um again we think it's a fantastic location it's off of Farrington Road has access to all the amenities is uh you know always been envisioned I think since this the future land use plan was proposed to have have multi-family on the site so I also want to introduce with me from Stuart Tim Somerville who's the engineer representing the project and I think he has a few comments as well about our about our project and then I'm happy to take any questions thank you thank you Andy and good evening I just wanted to point out a few things that our being commitments put on the development plan Andy mentioned the 15 Town Homes to provide the mix of housing types we also

proposing a 10-foot wide multi-use path along Crescent Drive with streetscape amenities we'll be improving Wendell Road it's an existing city of Durham right away it's currently a gravel road we'll be building out full curb and gutter and sidewalks on both sides of the street and we're providing detention for the 100 Year storm event which is above the Udo requirements so with that we're here for any questions you may have thank you I'm now going to recognize opponents or opponents for this item I have two cards here in front of me and two residents who are online so if we could first go with the two-part so one card is Tim some of them but you use some of the times you need to use more time to okay and the other person is Andrew Bowens oh okay okay so now we're gonna move to

our online residents Tim I mean excuse me John eating and eating Taylor and they didn't say if they were proponents or opponents hello yes can you state your name yes um my name is uh Ethan Tyler I live at a 5420 window Road right down from the proposed site first off uh good evening Madam mayor mayor protein four and the city council I want to say first off I support the building of new house in Durham especially here at the intersection 54 and 40 makes sense but I have a few reservations with the site as proposed as well as the development tier we live in I mean first off of course I don't think the site is not very environmentally sound it's as reposed it's committing only the minimum five percent open space and the of course the maximum 70 uh impervious surface the pro side is at least 68 trees which would usually qualify as major specimen trees under the uh development tier the Udo

but due to the outdated development here that this is placed in they can just be ignored side has made no commitments to mixed use to affordable housing and will increase the traffic in the area which I mean of course it's going to increase the traffic you know develop you know more people tend to but I think this is important to State because uh given the roadway capacity numbers this isn't happening in a vacuum as I'm sure you're all aware there are about six out of the developments in this immediate region right here all of which were added to the roadway capacity but since none of them are built they're not measured against each other but combined they would outstrip the current roadway capacity could I just bring it to say that this development and future developments don't seem to come with any expansion of roadway systems in the area no new bus routes no bike routes which I think would be a good addition for the city and county to think about but these problems are not the afghan's issues alone of course because a lot of them are tied to the wider problem which is the failed light row development tier the compact element here there's no light rail coming there's no major transportation infrastructure Hub here

yet applicants keep planning to develop and keep it and approved to develop the highest density levels of 20 years an acre with the worst case minimum environmental concessions and of course no mixed use uh in line with development tier here the applicant and other proposed developments here are just building massive car Centric apartment complexes with equally massive parking lots with the not offering mixed use there's no open space there's no retriever retention or any sort of environmental concessions um a comment uh that was a made from the Durham County Planning Commission said quote one of the landowners stated that they had cooperated with the authorities on the proposed development of surrounding properties based on the fact that the light rail would be coming through the area and now due to the cancellation of the project was left in this area of high density development like people here don't want this and only this only apartments no mixed use no environmental concessions like without mixed use without infrastructure expansion interconnected roadways just um just turning this into a you know a car Century Wasteland frankly no interconnectivity no walkability just

apartment cul-de-sacs I want there to be good development here I live here I would want mixed use I want walkability I want environmental concessions as part of this I urge you not just to think about this but the project voted down but in conjunction think about re-tiering with the county this area for the light rail there's no light rail coming we can't just have the maximum density here with no mixed use thank you thank you oh your time is up thank you we're going to ask for the next speaker which is Ethan Tyler so okay okay John Eden excuse me okay thank you can you hear me what's your name and address my name is John Eady I live at 5708 Crescent Drive which is one of the properties under consideration for rezoning I have lived here since 1977. there are many reasons that this rezoning should move forward but I would

5 miles Square centrally located to the two cities and their universities and to Research Triangle Park with access to I-40 Highway 54 and 15501 the potential benefits for the development of Lee Village were a major factor in the location of a light rail transit station to assist with the envisioned growth although the light rail Transit is no longer with us the reason for that project certainly is that is the rapid population increase in Durham that increase has exceeded the expectations generated two decades ago

these people need a place to live Lee Village is still that place the second reason I support the proposed rezoning is that I think the Park Grove development plan is more in keeping with the original vision for Lee Village as a walkable livable community it is a mixture of smaller apartment buildings and town homes with a smaller footprint compared to the apartment complexes adjacent to us it will make a nice transition from the current four-story block buildings to the north and east of us to what I hope will be a less obtrusive development of land to the south and west of us personally if I were just moving into this area I would much prefer living in the park with community rather than the high rises going up around us I am hoping that Park Grove will set the standard for the future development of this area these reasons I support the approval of the rizonia application this area has been under development

pressure for 20 years now is the time to make the Lee Village concept a reality I urge you to vote for the approval of the rezoning request thank you for your attention thank you Mr Edie I'm now going to ask if there's any other speakers or opponents for this matter if not I'm going to ask the applicant do they want to go back and do any opponent rebuttals now I now declare this public hearing to be closed and matters back before the council okay no questions okay I am going to ask for uh read the motion one to adopt an audience audience annexing Crescent Drive assemblage into the city of Durham effective March 31st 2023 into authorize the city manager to enter into a utility extension agreement with pgnc

development South LLC still moved second so moved by May Pro tem second by councilman Freeman Madam clerk can you open the vote the motion passes six to zero thank you our second motion to adopt an audience amending the unified development motion number two to adopt an audience amending the unified development Audience by taking property out of the residential suburban-20 rs-20 Falls slash Jordan District b f slash J dash B major transportation Corridor I-40 MTC I-40 County jurisdiction and establishing the same as residential

compact with a development plan rcd Falls Jordan District Dash b f slash J dash B major transportation Corridor I-40 MTC I-40 City jurisdiction it's almost expected moves by mayor Pro tem and second by councilman Freeman mayor Clerk nichler the police I mean close the front and the motion passes six to zero I think it's a vote okay and our third motion to adopt a consistency statement as required by ncgs160d-605 so moved I can't we'll move by mayor Pro tem second by councilman

Freeman can you please open the vote can you please close the vote and again the motion passes unanimously thank you good job now turn to um item 16 and 17 which will be conducted by councilwoman caballera congratulations Dr Hyman you did really well she's been a little apprehensive about this process but I'm determined that each and every one of us will be able to carry a meeting from beginning to end and so this is her first time carrying through three motions so congratulations you did well we turned to one of our more seasoned Council women to to wrap us and carry us through the next two items and then we'll end with uh another season a counselor who would take us to our last one tonight

91 acres and located at 101 Short Street this annexation petition is for contiguous expansion of the primary corporate limits the applicant intends to Annex this property to facilitate the construction of one single-family home the current zoning is residential rural for the initial City Zoning this site of

this site if annexation is approved the applicant does not propose to change this designation and build a single-family home I'm sorry does propose to change this destination to build a single-family home apologies the properties are currently designated low density residential on the future land use map if this annexation is approved staff recommend changing the flum designation to very low density residential as part of this annexation petition the applicant is not seeking a change in the underlying zoning District a direct translational zoning is one in which the existing zoning is translated to The Identical City Zoning District upon the annexation of the property into the city limits a translational zoning does not include a development plan and any future development May proceed according to what the zoning would allow while the current use of the property is a single-family home future development under the existing zoning residential

rural allows for agricultural activity single-family residential development on lots of one acre or greater and conservation subdivisions commercial and Industrial Development is prohibited in the residential rural zoning District as a reminder three emotions are required for this application the first is to adopt an ordinance annexing the property and entering into a utility extension agreement the second is to approve the zoning ordinance and the third is to approve the consistency statement thank you staff and the applicant are available to answer any questions thank you Ms Roper I don't have I think the applicants are here I don't know if you all want to make any comment at all perfect thank you I have no speakers signed up I don't think anyone is here oh I need to declare the public hearing open I've declared the public hearing open apologies for that I do not see anyone

in the audience who signed up to speak and I have no speakers so I I'm going to close the public hearing and the item is now before back back before Council colleagues I don't know if anyone has any questions or comments okay um and I'm going to take us straight to the first motion the first motion is to adopt and or to adopt an ordinance annexing font comb into the city of Durham effective March 31st 2023 and to authorize the city manager to enter a utility extension agreement with Kate horn sorry and Caitlin Sapp Cade sorry and Caitlin Sapp SoMo second motion by council member Freeman seconded by mayor O'Neill Madam could you please open the vote could you please close the vote

motion passes 6-0 thank you the second motion is to adopt an ordinance amending the unified development ordinance by taking property out of the residential rule RR Falls slash Jordan District b f slash JB County jurisdiction and establishing the same as residential rule RR Falls slash Jordan District B F JB city city jurisdiction moved by council member Freeman um seconded by mayor O'Neill Madam clerk could you please open the vote could you please close the vote motion passes 6-0 and final motion is to adopt a consistency statement as required by ncgs 160d-607 605 um moved by councilmember Freeman second and by doc uh by council member Halsey Hyman Madam clerk could you please open the vote

48 acres and located at 4109 Endor Lane this annexation petition is for a non-contiguous expansion of existing corporate limits the proposed annexation is for one parcel of land to connect to Water and Sewer services for the development of one single family house as part of this annexation petition the

applicant is not seeking a change in the underlying zoning District a translational zoning does not include development plan and any future development May proceed according to what the zoning would allow while the current use of the property is undeveloped future development under the existing zoning of residential Suburban 20 allows for up to two dwelling units per acre as a reminder three emotions are required are required for this application the first is to adopt an ordinance annexing the property and entering into a utility extension agreement the second is to approve the zoning ordinance and the third is to approve the consistency statement thank you staff and the applicant are available for questions thank you I'm going to go ahead and declare this public hearing open I see that the applicant is here gracias um I don't have anyone signed up either

online or see anyone in the crowd so I'm going to go ahead and declare this public hearing close the item is now before Council questions or comments okay the first motion that we have before if it's before us is to adopt an ordinance annexing 4109 Endor Lane into the city of Durham effective March 31st 2023 and to authorize the city manager to enter into utility extension agreement with Modesto Hernandez Aguilar and Claudia Arias Romero does anyone motion from mayor Pro tem seconded by mayor O'Neill Madam clerk could you please open the vote could you please close the boat the motion passes 6-0 thank you the second motion is to adopt an ordinance amending the unified development ordinance by taking property out of the residential suburban-20 rs20 fall slash

Jordan District b f slash J County jurisdiction establishing the same as residential Suburban Dash 20 rs20 Falls Dash Jordan District b f slash J B cities City jurisdiction no move second moved by council member Halsey Hyman seconded by council member Freeman Madam clerk could you please open the vote could you please close the vote the motion passes unanimously thank you and the last motion is to adopt a consistency statement as required by ncgs 160d Dash sorry yeah 605. the move thank you um moved by council member William seconded by council member Halsey Hyman Madam clerk could you please open the vote could you please close the vote and the third motion passes 6-0 thank

5 of the unified development ordinance the purpose of these amendments are to address ongoing concerns regarding soil erosion during the development of larger sites to increase design and implementation requirements in areas with traffic soils and to provide additional tools for enforcement the Planning Commission unanimously

recommended approval on January 10th and the Board of Commissioners unanimously approved these amendments on February 27th if approved tonight the Amendments will become effective upon final approval by the sedimentation Control Commission two motions are required for this item one to approve the ordinance to amend the unified development ordinance and the second to approve the corresponding consistency statement and both Ryan and I are available for questions thank you and turning to my colleagues any questions if there's not and I don't have any cards I'm checking with Madam clerk are there any questions online if there's not I will close the public hearing and bring it before Council colleagues you have any comments I will just share that I'm grateful for staff for moving this along as quickly as they have and appreciate the diligence and making sure that we do have more tools for enforcement I will take a motion on I do have a good

question would this uh is this going to further our position stopped is this going to further our position on just the Water Management matters we have like is it going to make it I guess the enforcement um of it is it going to make what we're dealing with with housing better uh the development it is going to help with some of the environmental concerns that's the ultimate goal how it does give us a new tool for enforcement with the implementation of stop work orders it will uh it will require some new things but many of those things are are we're codifying some of the things we're already asking for when we do our inspections when we do our uh our our compliance efforts on sites already um so

I guess the answer is yes it's going to help with the environmental concerns that we're dealing with thank you I look forward to the results thank you any other questions I will take a motion on to adopt the ordinance amending the unified development ordinance incorporating revisions to the article 12 infrastructure and public Improvement and Article 15 enforcement and why is that second I heard a motion by Dr Hosley Hyman councilmember Jose Hyman and a second by mayor O'Neal clerk can you open the votes and close the votes and Report out the motion passes 6-0 thank you that is all for this evening oh second motion

to adopt the appropriate consistency statements as required by NC per ncgs 160 d-605 both second council member uh heard a first motion by councilmember Williams and second by Dr Jose Hyman Madam clerk if you could open the votes and close the votes and the motion passes unanimously thank you now that is all for this this item not a mayor turn it over you thank you I'd like to thank you all for a great meeting tonight I'm doing the people's business I want to check and see if there are any other matters to come before the council tonight all right well we will stand adjourned at 9 56 on March 6 2023 but we'll see the strong

thank you very first black female names in 1978 the name is Carolyn I Thornton 1970 1978 wow she was a social worker where'd you say that down there yeah I said I don't know I said I didn't know if I was well that's why