City Council · Regular Meeting · September 16, 2024

please call the role good evening mayor Williams I'm here mayor pent Middleton I'm here council member Baker here council member GTO here council member cook here council member Freeman present and council member R here awesome thank you we have a few ceremonial items tonight and we will start with welcoming week a proclamation that will be read by council member callist thank you Mr Mayor like to welcome up nio and any other folks you'd like to join great thank you so um so in 1957 uh my father Carson Beyer

7% of the city of der's population is

5% of the nation's population being foreign born welcoming week provides individuals and communities the opportunity to Proclaim and exercise their welcoming values through events and initiatives that build stronger relationships between native born and foreign born residents and whereas the city of Durham strives to be a welcoming diverse and Innovative community that prioritizes racial equity and ensures that those who have been historically excluded from decision- making have voices and whereas the city of Durham aims to strengthen its foundation and improve the quality of life for all residents through its commitment to Foster communities that are connected engaged and diverse now therefore I Leonardo Williams mayor of the city of durm North Carolina to hereby Proclaim September 16th 2024 as welcoming week 2024 in Durham and recommend its observance to all citizens witness my hand in the corporate sale of

the city of Durham North Carolina this 16th day of September 2024 just actually I also want to say one thing so I I also had the Great Joy last Saturday of going to the first event in welcoming week which was the international soccer tournament which was a lot of fun at Hearn and park um nio not only helped to organize that but was also a participant in the in the soccer game so nao's got some Mad Skills there were a lot of good players there I have to give props to the team from uh Bull City footall Academy that won the trophy so a great event thank you for organizing as well as um you and your colleagues at The Cooperative Extension and also DPR so it was a great event on Saturday so good evening uh my name is Jenny Bell I'm a community engagement strategist with neighborhood Improvement services and this is the third year that I have had the pleasure to be in front of you to accept this Proclamation for welcoming week um we did have a first event the Bull City soccer tournament

m um at the church World Services offices just around the corner um Church RS overs is another great partner who couldn't be with us tonight um and I see another colleague who helped organize is coming up as well um so I hope that the whole durm Community can be there so that we can continue these events each year to make this place that DH no matter where you come from you belong here thank you I'll pass it to my colleague nio well thank you thank you everyone uh I just want to say that Durham is becoming a blueprint of uh inclusion and integration and this thank to uh the city council the Durham community and uh uh the Durham uh board of uh Commissioners so I would like to uh

appreciate you all for the work you're doing and providing this opportunity for immigrants and refugees to call Durham home thank you so much well we we I just uh wanted to explain a little bit of what is going to happen tomorrow we are very excited to provide this opportunity to immigrants and refugees um in the city where we're going to offer uh job career and resource fair and the goal with this is to help these communities basically to better understand how to apply for jobs here in United States as an immigrant myself I found very difficult at the beginning to better understand how everything works so based on that I decided to promote this activity and I hope that with this all the community feel more um empowered and strong in the in the sense of going outside and and get some jobs so this time then we have the opportunity to collaborate with the c with the county as well so that also

embrac this idea of working together to uh do better things for the community so we hope that we have a really good amount of people going and we're thank you for that thank good evening everyone uh I will be reading the national adult literacy week Proclamation and I'd love if Lizzie Ellis Furlong from the Durham

5 million private sector workers across all skill levels adult education programs contribute to solving these challenges by helping Americans move along the Continuum in their educational journey to achieve basic skills and get prepared for career and college and whereas adult education programs in high schools and adult schools community colleges and Community Cent centers offer lowcost high value programs that upgrade the skill set of our citizens and whereas our city of Durham North Carolina celebrates adult education and family

literacy week as proud participant in the National educate and Elevate Campaign which helps our citizens learn about all of their adult education options to attain their professional and personal goals now therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby Proclaim September 16 through 20 2024 as adult literacy week in Durham and recommend its observance to all citizens witness my hand and the corporate seal of the city of Durham North Carolina this 19th day of September 2024 and if you'd like to say some words thank you so much yeah thank you so much javiera uh and thank you so much to the city council and the mayor for uh making this adult education and family literacy weak uh we are part of the Durham Literacy Center as a local community-based organization that provides uh tutoring and instruction for adults who are improving their literacy skills working on their GED diplomas and improving their English language skills and digital literacy skills so as we all know that uh the

m. and we just want to promote reading and literacy to everyone in the community whether they're folks in the

neighborhood where The Literacy Center resides at the across the street from the Lakewood Shopping Center or anyone in the community and I was also really happy to uh also see the welcome week Proclamation we partner with uh many of the area providers and we serve several hundred students in our adult esol program so it's great to see Partners being elevated and acknowledged here thank you so much good evening everyone in chamber and watching on whatever platform you may be watching uh like council member rist uh this Proclamation has a pretty personal meaning for me as as well and I want to thank his honor the mayor uh for issuing this Proclamation and allowing me to read this Proclamation tonight for World alltimers in Beyer awareness day and I'm going to ask Susan Su of

Beyer inclusive Inc to please come join me while she's coming uh to join me his honor dropped by my office for a little while I had an opportunity to just reminisce a little bit he already knew but just reminisce a little bit in November of of 2015 I Was preparing to take a trip with a Del ation from this I wasn't in the office yet a delegation from the city to go to Boston uh and my mom had been battling Beyer uh for a couple of years so for a couple of years I watched this beautiful brilliant powerful uh woman that had poured everything that she had into my brothers and my sister and I change and we spent a couple of years saying goodbye to her before ultimately saying goodbye again and I know that that I am Le in League with millions of families around our country and thousands here in Durham who have felt um this particular uh Journey walked

this particular Journey uh in dealing uh with this disease so I'm I'm very very pleased uh to read this Proclamation tonight and to present it to miss miss Su and then I'll ask you to have some words after I do Proclamation where at September 2 first is world altim day and this year's theme is time to act on Beyer time to act on Alzheimer's and challenges the perception many people including healthc Care Professionals still hold that Beyer is a normal part of aging and whereas Beyer is a syndrome characterized by a decline in memory and thinking that affects Behavior and the ability to perform everyday activities Alzheimer's is the most common cause of Beyer Beyer is the seventh leading cause of death worldwide and sixth leading cause for

North Carolina and whereas evidence suggests that when people with Beyer and their families are well prepared and supported shock anger and grief are balanced by reassurance and empowerment durm supports the vision of a Beyer inclusive community where all persons with Beyer are valued and fully supported in their pursuit of quality of life and well-being and whereas durm invites you to join in Partnerships collaborations and advocacy efforts to promote well-being inclusion and Health Equity for persons with Beyer now therefore I Leonardo Williams mayor of the city of Durham North Carolina to hereby Proclaim September 21st as world alimer and Beyer Awareness Day in Durham and recommend its observance to all citizens

witness my hand and the corporate seal of the city of Durham North Carolina this the 16th day of September 2024 Leonardo Williams mayor thank you thank you mayor thank you city council and welcome neighbors my name is Susan Su and I'm a board member of Beyer inclusive Inc we aim to build a community culture of well-being inclusion Health Equity and hope for persons at risk of or living with Beyer and their Care Partners in Durham County creating this type of culture will require all of us coming together thank you for participating in World Alzheimer's day with with this Proclamation I believe it's our third year that's great uh Beyer inclusive Inc participates in world's alimer Day by holding a forum each September we hear presentations and meet in small groups to seek connections amongst

org this year's forum is on September 20th that's this Friday there's still room at the Durham Convention Center echoing this year's International theme time to act on Beyer time to act on Alzheimer's our keynote speaker is Dr Goldie Smith bird from uh the social sciences and health policy and um of uh at Wake Forest school of medicine and she is also an Alzheimer

org Beyer inclusive is working with aging well Durham to continue connecting sectors to respond to the needs of those living with Beyer DSS is now gathering information with their health assessments about Beyer whereas they had not been asking those questions before we've made more connections here too finally I am more aware each year that services and accommodations needed for those living with Beyer things like bigger letters on signs training customer contact folks to be patient and maybe rephrasing their questions without jargon they make the community our our community more accessible for all of us thank you thank you

I'll be uh reading a proclamation about one of my favorite events throughout the year where I uh ambition ious L try to make every site in the city and also dodging a speeding ticket from trying to do that so sort of locked in now I'll be reading a proclamation about National Night Out something that we all know about in the city of Durham whereas National Night Out or short NN o in Durham will take place on Tuesday October 1st 2024 and whereas the city of Durham will observe the 41st annual National Night Out joining forces with thousands of other communities across the country in promoting Cooperative police Community crime prevention efforts and whereas Durham residents are committed to promoting and achieving n's Public

Safety ideals as more than 50 neighborhoods and Community groups have registered with the dorm Police Department this year to observe National Night Out and whereas National Night Out is sponsored annually by the National Association of town watch spearheaded locally by the city of Durham Police Department and formerly championed this year by the city of Durham fire department neighborhood Improvement Services the Durham County Sheriff's Office and the Durham housing authority and whereas National Night Out is supported by the active participation in inine services of Durham residents city of Durham departments Community agencies and businesses who are committed to the city's mission to provide an excellent Equitable and sustainable quality of life and whereas it is essential that all neighbors of the city of Durham come together with police and work together to build a safer more caring community so now

therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby Proclaim October 1st 2024 as National Night Out and Durham and call upon all residents of the city of Durham to join his support of the Durham Police Department so witness my hand this 16th day of September 2024 well oh my goodness well thank you so very much Mr Mayor Council um and our community we really do look forward to celebrating National Night Out every year to the point that we decided to move it to October so we could all really enjoy it without dying in the Thousand degree heat um you know this year really more than so many years past is important for all of us to get out and get to know each other and really

listen to each other and and and embrace each other as one one Community National Night Out helps us do that and helps us kick it off and you know say no to to violence and crime and and criminals in in our in our great community so again National Night Out in case you don't know it's the first Tuesday in October so it's October the 1st um we have 52 sites signed up this year and the Durham Police Department headquarters will be the location for one of the larger sites and so we invite and encourage you all to come out and then Branch out to your to your various neighborhoods if you are a neighborhood uh that is going to be hosting a site I do really like would like to see uh See You Branch out to others that may not be able to to have the resources to celebrate National Night Out and invite them into your neighborhood um and become one with them so thank you very very much for for this

Proclamation thank you I know I know I know all right we are back before the council colleagues any opening announcements council member cook I'll just be really brief um I just wanted to say thank you I see that we have a big crowd in um in the hall today so thank you for everyone coming out to watch these meetings thanks to folks online um I and I just want to extend an extra thank you to folks who have reached out to me it's been a difficult

time um and I appreciate your patience uh so that is all thanks for being here and uh looking forward to a good meeting good evening um I'm gonna go ahead and apologize I have lots of announcements this evening um some of them are celebratory and then some of them are um on certain events that we have been seeing in North Carolina and across the country so I just wanted to shout out the poly Marie Center for having an incredible grand opening that this weekend but the weekend before it was amazing to see so many community members out there it was a beautiful day um and then I also just want to shout out city and county staff for welcoming week I think it um it's going to weave into what I'll be speaking about next so um this last week last two weeks as we're all aware we have seen some really intense and hateful rhetoric against immigrants um and currently in North Carolina we just passed our general assembly uh obviously uh certain members are leaning a certain way there um uh

around hb10 so it was a many bad things were in this bill and I think a lot of us have been reading about the private school vouchers and other pieces but the part that has been particularly harmful to our immigrant Community is this bill will force sheriffs to work uh with ice with Immigration and Customs Enforcement right now that choice is left up to Sheriff's it's a bill that has gone back and forth since at least 2018 and now has passed our general assembly uh Governor Cooper is expected to veto if he hasn't already and there is an expectation that will be overridden um it is Hispanic Heritage Month uh it is also I think a week where we have seen some really vicious targeting against in particular this time before it's been Mexicans we can all name there's been anti-muslim rhetoric um and so I want to talk about Hispanic Heritage Month in a lot of ways it's changing to Latino versus Hispanic uh Hispanic includes Spain that that's a difference it's Hispanic means you're a Spanish speaker Latino means you're

South of the Border so it encompasses anyone regardless of what your language is includes Brazil it includes Haiti it includes uh belies uh it's not that your history is about being colonized by Spain it's that your history is that you were colonized by a European power um and and that shared experience and so Hispanic Heritage Month starts when it does because there's a lot of countries in Latin America that celebrate their independence day including my home country Chile uh which is September 18th and the reason I think about Haiti In This Moment is that had Haiti not been brave enough to be the second country in our on our hemisphere to overthrow the Yoke of colonization and slavery none of the other countries would have Then followed that fervor and many of the countries that came after the Haitian revolution and slavery in their constitutions what Haiti stood up and

did changed the world and so it's not lost on me that we are targeting a country that has been given a terrible Hand by the French still how they've been treated and that they're being targeted again because that's been their story since the day that they decided to throw the chains of slavery off their country and chart a different future and so on this Hispanic heritage during this month of Celebration I also just want to think about that that history what it means and what we all benefit from because of that that bravery that happened many centuries ago so um

and I am so grateful that durum will always stand up to be a welcoming community and it just meant so much that we read that Proclamation this evening thank you thank you for that council member Freeman thank you I want to thank council member cabier for sharing and and making sure that we all understand and on the same page about how welcoming our community is and how we we we'll continue to support our immigrant and Refugee Community I um I did want to just share uh as well the town hall meetings that we'll be having um for September and October coming up there's been a couple of shifts and just acknowledging for October I'm sorry September 23 26 uh the doors will open at 6:00 and it'll start at 7:00 at instead of Edison Johnson it'll be at Walltown uh to allow uh some previously

scheduled Ser programming to continue there and then for the October 24th uh town hall meeting we have yet to decide a location and so I do want to um just ask uh folks to bear with us on and trying to figure out I'm trying to find someplace a little bit further south we tend to do it in central durm a lot and so I just want to try and find a location that's South and in the next two cycles or the next two Town Halls we'll try to focus on the finance General Services Public Works solid waste and waste water management and then uh followup will be on emergency communications Emergency Management fire and police I think I got it straight this time and um outside of that I am not going to add a lot of AD lip because it's so many things to say my um weeks have been a little bit tense at home and just and all of the news I think just

making sure that folks remember um to take care of their selves their self-care and their mental health is important um making sure that you're putting your mask on first and then just making sure folks know with all the flooding please do not drive through the puddles of water go a different route thank you thank you Mr Mayor uh just a couple announcements from the last week uh the first thing is actually it wasn't planned as way but actually concurrent with um Hispanic heritage months I visited El Centro Hispano um just this last Tuesday I want to thank polar and her staff there for welcoming me um in their agency El Centro is the largest and longest serving Latina organization in the state so we have much to be proud of on the work they're doing um they have a legacy of serving Latin Kos and others in the areas of Education Economic Development Community Health Community Support and civic participation so kudos to El Centro Hispana one of our certainly one of our

um key nonprofit players in the city of Durham and then earlier on Tuesday I had the the opportunity to join in the breakfast that housing for New Hope held the mayor was there to provide opening comments um to talk about a model initiative called this among a a coalition of agencies in Durham called the unlocking doors initiative um which expands housing opportunities for folks in Durham through active participation and active Partnerships with landlords um so they're always seeking fair market rent units um in Durham to support their efforts so if you have one please reach out to housing for New Hope to be part of their unlocking doors initiative the last thing to say is a shout out to Wanda it was great seeing Wanda recognized on the field um at Durham at Saturday's Durham Day football game between du Duke and Yukon to honor her many many years of service in the city of Durham it's was great to see you out there on the field um thank you for your service and we look forward to your continued work with the city for these last several months so thanks Wanda thank you m uh Mr Mayor good evening again and good evening uh

colleagues I want to associate myself with everything uh that's been said tonight these excellent uh remarks and announcements uh very quickly I want to send a shout out and congratulations to the Alpha Epsilon Omega chapter of Iota 5 feta Fraternity Incorporated I was at there 25th Gayla uh last night um was held in Raleigh but a number of Durham residents and citizens got awards from the fraternity so I want to congratulate them and wish them a happy anniversary um Mr Mayor tonight I want to add my voice um to to elected officials all over this country uh in the utter renunciation of political violence uh on yesterday once again we learned what appears to be an assassination attempt uh against a former president of this country this is durm we go at it in durm there's probably no city in America that has more vibrant a more vibrant Civic culture um we love hard we argue hard but we don't harm each other uh this

city is about very much engaging uh vibrantly and vigorously but we don't engage in political violence in Durham and we don't support violence uh in Durham uh we fight with ideas uh we fight with passion but with ideas so on tonight uh we want to again just reaffirm our values um we're pleased that no harm came to the former president and and we don't want this to affect anyone uh in our Public Square um so we want to associate ourselves with all uh people of Goodwill and elected officials around the country who double down on our renouncing of any type of political violence I also want to hold space tonight uh for our most recent victim of gunfire uh in our city uh and to that family who has an empty seat in their home tonight we continue uh to recognize that as great as our city is uh that there will always be an asterisk next to our celebrations as long as this plague of gunfire uh continues to to Echo uh in our street and I want to send

our condolences out uh to the most recent family uh that succumb had a victim a family member succumb to gunfire finally on a celebratory note Mr Mayor I want to welcome you back you've been traveling quite a bit uh and doing a bunch of stuff around the country uh you won't do it but I do want to on behalf of the entire city uh congratulate you on your appearance on the national stage during the Democratic National Convention this is not a partisan shout out if you had spoken at the other convention I'd still be congratulating you it is a huge stage it's a good look for the city and would you please accept on behalf of the entire city our congratulations uh for representing Durham so well thank you I yield thank you so much thank you colleagues it is good to be back and for the record I would not speak at the other convention um but you know I the event that I was at yes it was a partisan event but I think that it it when you're speaking to 100 million people across this world and 21,000 in the room uh and

you get to say heling from the Tar Hill State home of Duke University North Carolina Central University I am the mayor of dorm North Carolina uh that was a moment of pride and uh and I did that for Durham and I it it meant so much so much um and I just I appreciate that thank you I I have been gone quite a bit folks the last meeting that I was at was the meeting that I received that text message of an invite and the phone call the next day and I had not planned to be gone that long um but as I flipped my phone over here I said Madam manager I think I may be gone next um yeah that so it's good to be back home um however I um Not only was I in Chicago for the DNC uh I've been traveling a lot uh on behalf of Duram many of you know that my background is in education and I am on a

mission to reform early childhood education and how we can support it from a municipal standpoint and uh I'm grateful to the hunt Institute for inviting me uh to be a part of a summit where we were surrounded by industry experts in the early childhood uh education industry and how we can uh just re just reimagine how we can support our youth and many of you know that that is something personal to me uh so I spent a week with policy makers and Industry experts um across the country uh working on that in Las Vegas and uh really excited to celebrate the win for nccu against Alabama State in the orange blossom classic I took a weekend off to go down there and I support our University in Myoma moer uh and that was a that was a great win also um got a chance to address Latin American presidents and

Mayors uh in Puerto Rico about how we are utilizing data in Durham to make government more transparent our data dashboards and just just how we use data in general uh and that was a pretty cool experience as well and and uh we just recently had a um had a board meeting in Boone North Carolina where I was joined I joined mayor protim there as he served as the State president of the North Carolina League of municipalities and we had a really in-depth policy session and I'm excited that one of the things I hope to provide as a Statewide policy is that our general assembly will get in the game and assist with affordable housing uh and um hopefully they'll consider a policy that and this is not you know concrete yet but hopefully you know mirroring what you know uh litec you know tax incentives uh tax credits look like to assist us at the local level with um you know really addressing the

affordable housing crisis that we have uh the housing crisis in general uh also today I actually uh participated in providing a proclamation uh to celebrate the Guatemalan Independence Day uh independence of 203 years uh and we did that right before council tonight and that was a celebration uh I'm a little sad that I did not get a chance to taste the rum I had to rush out and get here um but that was a celebration and congratulations to them there has been um uh some things happening you know a little gunfire you know and again this is not something I want normalized I want us to always remain sensitive to when a life in this community despite how uh it happened a life has taken away from us and I um I'm going to speak that every time it happens because I don't

want us to come become numb to it um there are some other factors other matters we're working on that look forward to speaking on uh regarding just the downtown Corridor and um just some things we're working on so I look forward to bringing those up I wanted to acknowledge uh the participants who are here tonight in our neighborhood College could you please stand let's give them a round of applause so these folks were brave enough to sign up take a take a class or a program rather to learn all about just how their local government works and and and what it just just taking advantage of this these resources to become better and uh stronger and more engaged our community members to help make our community better so I'm going to put you on the spot and ask you to come up here so you can take a

picture with her oh she just took a big sigh come on up here I would love to take a picture with all of you all you can stand right in front of the Das right here thank you all for being committed to making Duram better all right say cheese on three the photographer is my former student by the way from Southern High School thank you all so much and also uh this is totally unexpected to them but once a year a professor at Duke brings the students and they are here and the professor just stepped out so students

from duke would you all please stand and be recognized thank you all for coming and taking notes and being engaged in your local government thank you all I I feel like I've seen some of you all on campus just walking around I I uh I don't know if you've been in zes cafe or not but I've seen some of your faces when I'm over there and also I'm officially a Duke dad so I'm on campus sometimes now with my son oh there you go professor all right um so yeah it's it's great to be back uh it's been a lot um and and folks just for the record you know durman's on the scene durman's on the map as a matter of fact I want to be Petty for just a moment the Department of Transportation had Raleigh on their display of where their Investments

3 billion dollar of investment uh since since November so we're doing something right all right and and we are going to receive funding for some um out of my office the are we're receiving funding from um African-American Mayors Association uh to do some financial

9 million from the federal government we supplemented that with nearly I believe $493,000 so nearly A5 millionar to ensure that the folks in this community the kids in this community have access to um just digital Equity so we are we are getting Investments we are doing it right and we are making durm stronger and that message is for everyone who had a problem with me not being in town so we got to build relationships and we're going to bring Investments to DM and when to bring resources and the city is Ran by A illustrious manager who's doing an

amazing job job and people keep reminding me of when she's leaving I need you to stop all right so let's get to business here we have a a fairly uh dense agenda tonight and we uh colleagues at the appropriate time we will have a special uh hearing tonight and I'll provide instructions when we get there at this time I am going to acknowledge the city manager for any priority items good evening Mr Mayor Mr Mayor protim and members of the Durham city council I have two priority items for you uh this evening uh the first item is agenda item number 20 it is the award of bid term contract for bulk Water Treatment Plant chemicals to Caris LLC this item is being referred back to water to the water management department and finally I have item number 31 US Department of Transportation Federal Aviation Administration airport

Improvement program Grant offer 3-37 0056 d71 d224 it is a supplemental item that has been added to your agenda okay good thank you madam manager I always love when Grant and offer is in the same sentence all right all right I'll now pass it over to uh Madame attorney thank you mayor Williams mayor buron Middleton it's good to see you and members of the city council it's good to be with you as well the city attorney's office has no priority items tonight thank you madam clerk good evening Mr Mayor Mr Mayor pemp members of city council city clerk's office has no priority items thank you at this time I'll read the consent agenda item number one Durham bicycle and pedestrian advisory commission

appointment number two Durham city council environmental Affairs board appointment number three mayor's Hispanic Latino committee appointments number four Durham Housing Authority Board of Commissioners appointment number five contract with Cricut forg to create historic neighborhoods neighborhood signs that's cool number six fiscal year 24 logic compensation group classification and compensation study final report number seven contract br-1 D Bridge Engineering Services for NBI structures 2024 number eight utility preliminary engineering and construction agreement for corn Wallace Road P 5717 number nine amendment number three to carpet Fletcher Road improvements preliminary engineering agreement csxt do number 8458

69s number 10 utility extension agreement with welcome Venture Park LLC to serve the welcome Venture Park phase two number 11 amendment to contract with securance LLC for security operations center for managed Services number 12 First Amendment to the contract with Exxon Enterprise axon Enterprise Incorporated to increase digital evidence storage capacity for dorm police department number 13 amendment number two to supplemental agreement number two with wsp USA Incorporated for Transit asset and compliance Management Services number 14 interlocal agreement with Durham Public Schools traffic signal designed for proposed Durham School of the Arts number 15 supplemental agreement for design of bicycle facilities to two this is tip number BL 00- 0028 with me

and Hunt incorporated number 16 purchase of seven replacement like Transit vehicles for gorum access number 17 Tar River land conserv Mount Harmony track Watershed protection project authorization to fund number 18 Award of bid term contract for bulk water treatment plan plant chemicals to Brint tag Midsouth incorporated number 19 Professional Services contract award to Smith Gardner Incorporated for municipal Landfield monitoring and Design Services number 20 Award of bid turn big bid term contract for bulk Water Treatment Plant chemicals to cars LLC this is the item that's been refer back correct yes number 21 award a bid term contract for bulk water treatment plant chemicals to pinco Incorporated item number 22 Award of bid

term contract for bulk Water Treatment Plant chemicals to Univar Solutions USA Incorporated under General business agenda our public hearings number 27 Consolidated item Lions Farm Elementary School major special use permit Transportation special use permit and major site plan number 28 consolidation and ation 582 South Miami Boulevard multif family number 29 Consolidated annexation Hurley Road number 30 Consolidated annexation fingon Road multif family under supplemental items US Department of Transportation Federal Aviation airport Improvement program Grant offer which was referenced earlier that is our consent agenda for tonight

all right that is our consent agenda I'll now entertain a motion to accept the uh consent agenda with the exception of item number 20 so moved um Mr Mayor um item four was requested to be pulled as well oh there was yes I'm sorry there were cards colleagues number four was pulled by the public so I will um entertain a motion to uh approve the consent agender with the exception of item number four and item number 20 items number four and 20 so moved second all right Madam clerk please open the vote please close the vote and the motion passes unanimously thank you so much we will now begin with item number four I have this no that's not right oh

okay destion yeah I'm a little out of order I have to remember how to do this thing here um so considering it's in order we'll just go ahead to it it's only two cards uh item number four Duram Housing Authority Board of Commissioners appointment was pulled and I have two speakers oh miss lions and Mom oh yeah just come right over here I got I got you and it's good to see you again taking me back to the how's everyone this evening so um you're good we we yes sir

yes um I haven't done this in a while I just need to I want to speak about the resident Council the resident being placed on the board I have some things I need to ask of that person please excuse my appearance I had a bad accident last month I have Grandma seizures in my sleep sometime at night the last couple of ones I've had is because I haven't been accommodated by Durham Housing Authority I've stayed in public housing for 30 years by choice my children are my life not Isa Lions and the Lions my daughter has been with me in housing and the duur I was the president vice president I participate in every program DHA has ever offered

FSS sorry FSS program read scholarship um res scholarship good works self-help first second and third even the fourth home ownership program TurnKey I had a house until I fell sick I used to work for city of durm I was having seizures and they they laid me up then durh housing 30 came from my house I was was the leader of that community and so were my children I went before the former mayor Bill Bell and told that man cuz I used to stand in front of him all the time and told him we needed money for the kids in the community so I got that Recreation Center that the people owned in that neighborhood under Miss Atwater and Atwater and I know everybody here just about everybody in know who that woman was I spoke before the mayor he

gave us the money to open that wreck I was working for Durham parks and wreck under threat of being fired to get that wreck open because those kids used to come to my house and dropped their bikes but I went and got the money for that wreck from the mayor so they can open it the only problem I had was they painted that ugly color orange that was it but it worked I was in that Community for 10 years I went and got a food bank open I participated in everything I served DHA when the news came they wanted me I I am a graduate from nccu I'm a positive educated resident of durm Housing Authority the manager that we have in corn Wallace right now this young lady was in charge of the program the erap that paid for all the back rent and the problems we had during Co Miss Mangum this young lady is the manager in corn Wallace

right now it's unfair I am well read and educated this woman has broken the first the fourth and the 15th Amendment the cl cl Clan law she's threatening people got people scared I will stand up for myself my dad taught me when I was 6 years old this man was born in 1924 fought World War II and survived the depression he raised his four children do you understand it told us that when he was young of this racist white man told him if you want to hide something from a negro put it in a book I've been reading since I was six and finished a dictionary in two summers thank you I felling hurt myself I asked that woman to accommodate me she talked to me like I wasn't nothing do you know people in public housing sometime they treat us that we are less than air and I mean that sometime we have to sit without air and wait on maintenance and everybody is talking about all this funny that they

receive in the name of housing it's liing I'm sorry I got one more thing to say sir please cuz durm is great we're flourishing we we're better than Ry this woman breaking the law she got old people scared Miss Lions what I'm doing is I know it's a positive day and I appreciate all that but all I'm asking from our new person on the board with DHA is that they just called for County it's been three years I have all my proof and all my documentation but what they count on is that people like us are down TR Miss Li and that we don't have anything I'm not silencing you I want you to get your information I got everything oh no no oh this year three years four managers and they won't give me an answer but they put something on my door my staff is going to work with you directly just they're waiting for you in the corner over there it's going to be okay my daughter has something to say cuz this baby been taking care of me since I was eight thank you so much sir you got it thank you it was good to see you

again Naisha D there you have uh you have three minutes okay that's fine I won't need all that um good evening everybody my name is Naisha Lions um I grew up in mat du terce my mom was the president and all I'm asking for honestly is for these resources that I've been hearing in the room that you guys come out into the community and actually let the residents know that hey we have this to offer I'm a certified community health workers so if you want my information after this that's completely fine um we need an after school program most communities have a life center but a lot of times we don't even see those people I was literally helping like three or two little girls do their homework on the back of somebody's trunk of their car so we can get some resources within the community um all four I'm here to help just let me know and just reach out to

me that's all I want to know and tell them as well thank you thank you for that yeah colleagues if I I'll entertain a motion to accept item number four so moved second right Madam clerk please open the vote please close the vote and the motion passes unanimously thank you um and I I just thought about it for for just for the public I um was communica with the clerk before to make sure we could accommodate um the the first speaker um so that she could be able to get her words out all right and the next item was item number 20

I'm sorry that was referred back all right did you say that okay colleagues I I know we just passed the consent agenda but we do need to uh treat item number 31 31 separately uh so I am going to enter I'd like to entertain a motion for item number 31 separately so moved second thank you so much Madam cler please open the vote please close the vote and the motion passes unanimously thank you I'll try to keep in mind supplemental items should be treated separately all right thank you uh also Madame chief of staff for helping

address that situation all right is this the one okay so this will be my first uh quaza judicial hearing uh as mayor so I have a special script to follow here you're in for a treat all right let's let's let's do this we are on item number 27 yep do I need to wasit fish all right the next matter is agenda item number 27

which includes a major special use permit major transportation special use permit and major site plan application for Lions Farm Elementary School application number m241 the hearing in this matter is judicial in nature and will be conducted in accordance with special safeguards Witnesses may be sworn in must be sworn in they are now they are subject to cross-examination and written written evidence must be offered for incorporation into the record okay at this time people who wish to testify should have signed up on the special sheet for this hearing at the clerk's station if you have not already done so please go to the clerk's station now and sign in anyone who plans to testify including City staff should now go to the clerk station to be sworn in or to give your affirmation and then

please return to your seat for

for for

for for e e

we're done all right so college students you guys came on the right night this is a very rare type of hearing so very specific orders that we have to follow here at this time Council I will address you uh do any council members need to

withdraw from consideration of this case because of a conflict that will prevent them from rendering that would prevent you from rendering a fair and impartial decision in this matter if I could receive a verbal yes or no council member um cook no no no counc M Freeman no no no thank you all right so I will explain what we are doing here uh this is an explanation of our proceedings uh moving forward before we begin I would like to I would like a representative or an attorney for the applicant and for any opponents to come to the microphone and identify yourself to the counsel and then take your seat in the front row if you're not a part of this case I'll ask you to sit in the second

row um if an attorney or representative wishes to cross-examine a witness please raise your hand immediately after the witness has testified and I will recognize you all written information including Maps you want to be considered should be officially submitted as evidence copies of evidence you want to have admitted with the exception of the staff report and attachments should be given to the City attorney and to the opposing side if any each side May raise objections to the admission of evidence on the basis of relevance hearsay or any other evidentiary ground questions concerning admissibility will be handled by the City attorney please do not hand anything directly to council members until it is first until it has first been reviewed by the City attorney and

has been admitted as evidence we will first hear from City staff who have studied the request then from the applicant and then from opponents to the application if any we will now open the hearing and hear from City staff good evening my name is Jessica doy I'm from the planning department so this evening you turn that mic a little bit I sure can this evening we will need three votes from the council one for the major special use permit one for the the transportation special un use permit and one for the major site plan the major site plan is not a public hearing but the other two are I will describe everything as one and then have you all break that out as different hearings if that's all right with you since it's the same information for all three is that acceptable it is okay so Durham public schools has has submitted a request to amend a major site plan to construct a new Elementary School a major special

use permit a transportation special use permit and a major site plan for the proposed project were previously approved by City Council on December 3rd 2018 the permits in plan included certain conditions of approval which the applicant would like to be removed from the site plan the major spe the M major site plan specifically these three conditions of approval require off-site Transportation improvements at fville Road and nc751 a new major special use permit and transportation special use permit are required if the applicant wishes to make changes to the previously approved major site plan including removing certain conditions of approval related to that plan major special use permits and transportation special use permits are Quasi judicial approvals the public hearing for those items must follow quasi judicial procedures the these applications may be submitted concurrently with the major site plan as has taken place tonight but decisions

shall be rendered with a separate motion for each request staff will make a recommendation following the presentation of all evidence at the public hearing staff requests that all agenda items materials be made part of the record and I'm available for questions thank you colleagues are there any questions for City staff or any party thus far all right at this time we will now hear from the applicant um good evening uh mayor and Council my name is ryal Stevenson uh with drmp address is uh 5808 to Fairington place in Raleigh um I am a registered professional engineer in the state of North Carolina and our uh firm uh has been involved with this project and

prepared the traffic study and the uh Transportation special use permit application and I think the application is part of the staff packet and we certainly would like that application and um our information to be um entered into evidence for the transportation speciales permit and uh what I'm going to do is there there are four uh findings uh for the transportation special use permit that must be met um I am going to uh read those if necessary uh read those uh four findings and then our um response uh to each each finding so uh finding number one the traffic generated by the development and associated improvements to the street system will not have a significant adverse impact on the surrounding area significant adverse impact shall include a substantial increases in traffic on

local residential streets such that the majority of the traffic is not associated with the Residential Properties which front on the street or be the need to widen local residential streets which would detract significantly from the character or basic function of the nearby streets so to address this finding the traffic generated by the proposed Elementary School was not expected to adversely impact surrounding residential streets school trips are anticipated to access the uh School via Scott King Road Traffic generated by the school is expected is expected to cause a minimal increase uh in traffic congestion on Scott King Road and surrounding roadway Network most school trips are expected to occur in a 30 to 45 minute period during the morning for drop off time and 30 to 45 minute period uh in the afternoon during dismissal time a pickup time the school would be expected to

generate very few trips during other times of the day roadway improvements were required as part of the school by City staff and ncdot to mitigate the impacts of uh traffic generated by the school on the surrounding streets and I'll read those improvements out in the um in a in a response to another finding um so uh in summary all their trips from the proposed school will utilize roadway facilities that are not considered residential streets the school trips are only expected to occur for a short period of time uh during two periods of the typical weekday the site is is not expected to have adverse uh impacts on the surrounding area finding number two adequate Provisions have been made for safe and efficient vehicular circulation parking and loading and pedestrian access so addressing this finding adequate Provisions have been made for safe and efficient vehicular circulation in the

following ways the final design for the elementary school includes one point of access for entrance for uh staff and parents along Scott King Road into the site and there's a separate entrance for uh buses into the site exclusive turn lanes are recommended to be provided at both of those driveway entrances for a 17 or 76 student Elementary School um a maximum um high demand internal stacking on the campus um is projected to be 1,536 ft for student pickup and drop off this maximum high demand internal stacking length accounts for an additional 30% extra stack of extra stacking that what is expected to occur on typical day the current plan shows that maximum high demand internal stacking is is exceeded and approximately 240 ft of internal stacking distance is provided on campus

is anticipated that the stacking area will be used by parents uh dropping off their children and picking up the children uh before and after school the student loading and drop off areas located separately from the main staff and bus parking lots students will be picked up and dropped off uh at an internal roadway that is not anticipated to get uh traffic from other uh other means of traffic adequate Provisions have been made for parking and loading in the following ways the site requirement for parking uh from the Udo requires a total of 105 parking spaces for the school including six handicap spaces the design for the site includes 105 total parking spaces uh with seven handicap spaces so the parking will be adequate for the site uh the loading areas for the for service vehicles are located along heavyduty pavement and adequate Provisions have

been made for uh pedestrian access to the site in the following ways a pedestrian path will be provided at the Western end of the site adjacent to the car site entrance this allows pedestrian access to the school from Scott King Road and will provide uh access access to The Pedestrian sidewalks located on gold Flower Drive and lion Tree Lane along Scott King Road a sidewalk will be constructed along the frontage of the site and all pedestrian access points to the site uh provide handicap accessible features including ramps crosswalks and accessible slopes finding number three the traffic generated by the proposed development and any proposed improvements to the street system will not have a significant adverse impact on the environment significant adverse imp packs include but not limited to undue concentration of air pollutants or excessive noise or vibrations uh traffic generated by the proposed development will be mitigated by the recommended improvements uh to the roadway Network improvements to roadway and

intersections near the site serve to minimize trip duration and idling times during Peak uh Peak Travel hours as well as during non peak hours of the of the day minimizing trip duration and idle time serve to minimize the uh pollution impact of increased traffic furthermore students were previously enrolled students at this school were previously enrolled at other um other schools um in the area and transference of attendance uh of these students does not demonstrate an in actual increase in overall vehicular uh travel to serve these students this school will provide a closer uh closer school for these students which minimizes overall uh vehicle or travel times uh finding number four the traffic generated by the development can be accommodated by the existing or funded transportation system or adequate traffic mitigation measures have been proposed as part of the development application proposed mitigation measures

shall become conditions of the special use permit the adopted level of service for the adjacent roadways may be considered in making the determination but shall not be the sole Factor considered by the governing body so address this impact uh as I mentioned previously a traffic impact analysis was prepared for this school to determine the traffic impacts on the roadwi nwork um a supplemental addendum to this traffic study was also prepared subsequent to the original traffic study both of those studies were prepared according to City of Durham and uh ncdot guidelines and standards the um the school is expected to have a maximum enrollment of 716 students and 84 staff members members access to the school is provided via Scott uh via Scott King Road with one full movement uh access serving to a car entrance and one full movement access serving as a bus entrance and vehicular exit the potential impacts to the

surrounding system caused by additional traffic generated by the school was determined by analyzing the intersections and surrounding roadways since the am peak hour of the school coincides with the am peak hour of adjacent of of the adjacent roadway Network the am peak hour is the critical time period for the study according to the uh msta school calculator a 716 student Public elementary school will generate a total of 946 trips during a a typical day of that total 618 trips are expected in the morning peak hour and 244 trips are expected during the school uh peak hour in the afternoon uh traffic generated by the school is expected to occur in a 30 to 45 minute period during the morning uh and 30 45 minute period in the afternoon and the improvements that are improvements

that are um being uh constructed by the school to address TR traffic impacts include at Scott King Road in the bus entrance the driveway is going to be constructed with one inbound lane two outbound Lanes the outbound Lane will provide 100 ft of storage the radius for the approach will accommodate a free flowing turning movement for school buses uh stop control will be provided uh at this location and an exclusive westbound left turn lane on Scott King Road will be provided with 50 a minimum 50 ft of storage um second intersection at Scott King Road and the uh car entrance it's an entrance only with one inbound Lane a center uh two-way left turn lane will be constructed along Scott King Road between goldflower drive and the and this school entrance and an exclusive uh westbound or exclusive eastbound right turn lane would be constructed on Scott King Road with 125 ft of

storage um the as I mentioned the center left turn lane that has been constructed on Scott King Road will extend up to uh gold Flower Drive those are the improvements that are um required of the school to mitigate the traffic impacts and that concludes my presentation of the four findings and fact thank you are there any questions for the applicant uh by any questions by any council member or of the opposing side council member cook I just want to make a clarifying I just want have a clarifying question um we had at the beginning City staff request that all of the attachments be entered into evidence um and then uh Mr Stevenson you asked for the um application itself to be entered that I don't have that on my supporting documents and I just want to make sure that we're all looking at the same thing okay is that is that in the staff

report application it is not I don't believe it's part of it because typically y don't want to have the application with the signatures on it but all of the information that was part of it would have been included that that is that is fine with us if the application itself is not included because of that the responses I think are and that's what I wanted to really get into record okay so you're going to not be asking for that to be record okay thank you for clarify number nine attachment H you have that in your uh it reference the findings that for me as a draft order no that's the yeah that's the draft I'm sorry apologize for the confusion

if you can't find it in the documents it was very well covered in his presentation and he called out each of the the findings so I think that you have all of the information that would have been in that document if it's not included okay so we have the pertinent information do yes council member cook does that that was all my questions okay colleagues are there any other questions for the applicant at this time all right thank you and uh next if any we will now hear from any opponents to the application all right thank you considering there are no uh opponents we have the information needed here I will now ask for City staff

to if you have a recommendation concerning this major special use per on the information submitted and the information heard here uh staff recommends approval of the tsup all right thank you so I'll bring this matter back before the council council is there any deliberation all right nonone being so so staff is recommending approval of the of the of the TS right will staff bring a recommendation on the major special use permit it will remember you'll have to do two different so you'll have to vote after you close this public hearing and have your conversation and vote and then I get to do it again okay gotcha got you thank you all right so uh deliberation being heard I will

now entertain a motion to approve the major you major language here all right um so I'm forming this motion to be uh one Grant dep permit with the conditions recommended by staff so moveed second right it's been moved and properly seconded Madame clerk please open the vote please close the vote and the motion passes unanimously thank you all right we go back to the top Jessica dery again this one should be much much quicker the major special use permit is based on a previous site plan which is now being amended by the major site plan nothing is changing of that would you would respond to for your

four findings effect fact and the 13 review factors the only difference is that the order for the major special use permit referred to the previously approved site plan and so you're essentially just referring to a new site plan so if you would like us to run through the findings the fact and the review factors we could but nothing changes short of pulling out those three conditions of approval that are referred to if that's clear you want yeah let me just get a understanding from the council colleagues uh did we clearly understand what was just stated okay

all right okay we will now hear from the applicant um again ronal Stevenson uh with drmp and I'll um I don't really have anything further to add on this particular portion of it I think it's as staff mentioned has all been covered and happy to address any questions that may be related thank you are there any questions for the applicant from Council or the opposing side if any all right if any are there any opposition is there any opposition all right considering none back before the council is there any deliberation all right staff what is your recommendation based on the evidence pre presented this evening and the submitted evidence staff recommends approval of

the major special use permit thank you so therefore I will entertain a motion to Grant the permit with the conditions recommended by staff move second right it's been moved and properly second it Madam clerk please open the vote please close the vote and the motion passes unanimously all right and the third one is not a public hearing so we can just go directly to yes the motion all right and lastly I'll I'll entertain a motion to approve the major site plan Amendment case d24001 149 for Lions Farm Elementary School second moov and properly second it Madam Clerk please open the vote please close the vote and the motion passes

unanimously all right thank you so much that's it all right we just no for uh for for the public who's wondering why we are so weird about this uh those those quasa Jud judicial uh hearings are very specific they are uh really important but it's also an opportunity where the uh the the council Serv us as judge and jury and it is uh while we just sort of went through it like a formality they can be really big they can have a really big impact so um thank you all for your patience on that all right we will now move to item it number 28 Mr Mayor Mr Mayor protm members of the council Aaron Kane with the Durham City County Planning Department thank you for having me here

37 5 acres and located at 5780 5802 and 5904 South Miami Boulevard the annexation petition is for a continuous continuous expansion of the primary corporate limits and involves only one of the three Parcels in the zoning request 5780 South Miami the zoning map change request to plan development residential

794310 zoning is generally consistent with the designated Place type type this request was originally brought to the city council on December 4th 2023 and a public hearing was opened the case was continued to January 2nd 2024 and then continued again until February 19th 2024 at that meeting the case was referred back to staff and the public hearing closed since the public hearing was not continued to a date certain this um a new public hearing will need to be opened tonight since the last city council meeting that this application was presented the applicant has decreased the number of units on the site from 540 to 432 increased the amount of tree coverage to meet new tree coverage standards and has clarified its storm water commitment should the utility

extension agreement be approved tonight it will be revised to reflect the number of units prior to um execution thank you and staff and the applicant are available for any questions thank you you've heard the staff report colleagues there any questions for staff all right at this time we will uh open this hearing to the public and I um applicant uh welcome how much time do you think you need uh probably eight minutes all right could you put 10 minutes on

good evening mayor Williams mayor P Middleton and members of the council I'm Jamie Schwedler with Parker Poe at 301 fville street here on behalf of the applicant tonight after working on this case for nearly two years we are proud to present this multif family case in a key area of RTP and next to RDU next to key infrastructure in the city that also offers a new housing type and stock that isn't commonly found in this area um I appreciate staff's hard work on this case um as it was mentioned we were referred back to staff um because we were trying to meet the new tree protection ordinance that was became effective between the time this case went to Planning Commission and received a favorable recommendation and the time that it was originally scheduled to be in front of the council in December um I'm proud to report that through that hard work with staff and the hard work of the applicant we did uh lose about 20% of our units but we were able to comply with the new tree ordinance we were also able to retain the percentage

of incom restricted units that we had originally offered at Planning Commission which means that 15 families 15 residents in Durham will have the ability to rent these income restricted apartments in this area we also able to still offer uh structured parking in this area which is key and important in being able to deliver the multif family project on this constrainted site uh the site is the perfect example of an infill site and where you want to place people within the city it's squarely located between the RTP Hub which will attract jobs um and a new type of life and entertainment in RTP as well as close to RDU airport and all of the jobs um and and areas throughout the area um it's between 54040 and 885 just south of 147 an 11 Acre Site that contains a vacant uh residential Parcels today but is in close proximity to plenty of shopping jobs um office and the Regional Transit Center there on the uh right side of the screen the current uses are vacant and commercial and

residential and there's a major Duke Energy transmission line that's shown to the right of your screen um as well as the existing uh largely vacant Parcels um and not much wooded area um it the request that we're seeking is consistent with the place type map due to the policies that I've noted on your screen the mixed residential neighborhood seeks new places typically built on undeveloped or Forest land designed to add a diversity of housing types this area has a tremendous amount of single family homes um and some Town Homes just across the railroad tracks you can see there on the screen but it doesn't really have the amount of apartments that are needed to to supply housing for the workforce that's anticipated with RTP as well as the uh jobs that are in the area the primary uses are residential and in the surrounding area is supported by many Civic and Commercial uh institutional places that are just across the street there on Miami um it's also consistent with the place type map guidance on circulation and that says that basically residents living in this area should be able to

walk bike um around the area and get to supporting areas with the transit stops uh the yellow note on the screen shows where the go Triangle Regional Transit Center is designed to be all of the green lines on your screen show an existing extensive Trail Network that's available to the workers uh in the area and the magenta on your screen shows existing sidewalk we are complimenting that existing sidewalk by extending a 10-ft multi-use path on the west side of Miami Boulevard for the length of our site that will connect our site to the existing um sidewalk there on the south of the screen um it's also consistent with the paage Miami Design District proposal that St is bringing forward now I know this hasn't reached Council yet but it's important to note some of the topics that are um that are being pursued this was initiated by staff to anticipate the growth that RTP uh is expected to face over the next several decades and encourage transit or oriented development um with a higher density than this area is seen because it's underserved by Apartments today now the only way you can get that higher density

um level of of housing product is by providing garages you can't use uh surface Park sites to provide the amount of density that you would need especially on this site because we've got that transmission line um and we've got some several existing streams on the site that restrain us so looking at those policies for density and connectivity we really need to have that uh that structured parking there on site what's also notable is that there is a desire to connect this site of this future zoning down to our site um today that would go over a Duke easement own or Duke Energy owned property um but we've looked into that and uh I believe that connection is a possibility for the city to pursue pursue in the future the zoning and annexation is outlined on the screen commercial General with a development plan exists today in rs20 um and we're seeking a plan development residential as you see with many of your uh your apartment products the annexation is necessary to provide that kind of fill in of the donnut hole on one of the parcels there uh shown on the right of the screen and it's important to note what you're getting today versus

what is on what is what is entitled today versus what we're offering the existing approved development plan would be commercial General zoning only affords opportunity for 12 single family homes or another Shopping Center in a saturated area 14% tree coverage no open space and no commitment to housing by contrast our PDR offers up to 28% of tree coverage um which are required to be in areas located in common space or buffers um up to 20% of open space versus no open space that's offered today we're making not only a commitment to housing but 432 units of housing Plus plus income restricted housing for 15 units in addition to Commitment for Environmental Protections what's that mean well it means that 15 families will have those income restricted units and the market rate um will be available to another 415 and in addition about a third of the site as you can see there on the screen will either be some sort of impervious area tree uh protection or open

space in addition our key Tech commitments um include a limitation on height no more than 53% of the site will be impervious area um and these are important the storm water and green sustainability uh commitments that we've committed to are similar to The Hopson Road case that you approved around the same time this case was going through the difference is this case kind of came to a halt when we tried to increase um our treat protection to make make sure we met that new text change but we still made the commitments to storm water to sustainability commitments that that case made was was in um invogue at the time and that includes a post-development runoff not exceeding the predevelopment rate for a 100-year storm your Udo only requires protection for 1 10 and 25 years at least two storm water control measures which is acccess to the code the Green Building certification that you saw on Hopson Road EV charging stations and solar conduit in all of the apartment buildings so in addition to that um income restriction you're getting a significant amount of environmental benefits and then we are still committing to that income restriction of

10 review criteria consistent with the comprehensive plan we're compatible

with the area um but we're also providing a more suitable zoning um than is what what is in place today which is already saturated with commercial by balancing out the uses and adding residential in this area um what's really important about this is that we're offering Supply in the place that Durham has instructed it's needed we're doing it in a way that was consistent with your comprehensive plan and that was noted by a vote of six to three U by the Planning Commission and throughout the case we've not only received no opposition from the public but we've actually received two residents in the area nearby nearby property owners that want to to see development here because existing development today is a vacant site that is often clouded with trash um and they spoke about how they wanted to see more activity in the area um one of those members is not able to be with us tonight but I do believe Greg Taylor has signed up to speak and we share um some of those perspectives of why having more units in this area um is better for before the shopping center and so with that um we respectfully um thank you for your time we look forward to answering any of your questions and look forward

to bringing this product to Durham in place of just another Shopping Center or 12 single family units thank you thank you so much me off all right um I have I think these are all bill so the names I have these may be part of the applicant team Greg sand Jamie Scher Earl um yeah I think you all's handwriting went

bad with mine in first grade those are all members of the team and available for questions if there are any all right I don't have any other cards um since the public hearing I don't have any other C oh I do have one resource okay all right well at this time I'll declare the public hearing um I'm sorry I'll bring it back before the councel and declare the public hearing closed and that before the council colleagues council member cook thank you um these are a couple questions for the applicant you talked a little bit about um that you had done some had some conversations around a possible easement in the future and I was wondering if you could expand on that sure let me bring up the slide that shows the area we're talking about or I believe you're asking about um and that would be

right in here you can see that on the screen um the area just around the intersection of emperor bolivard that property to directly to our no North is owned by uh Duke Energy and we reached out to them um prior to the hearing to understand whether a connection would be feasible in the future um and had a a wonderful conversation with them and they did um Express that why they couldn't make that a commitment at this time they would certainly entertain requests from the city to explore that in the future that there wasn't anything from an operational standpoint that couldn't happen um in the future but is subject to their review and design um of this specific plan great was there a city uh staff person on that call with you no there was not could could I get just some clarity on what that looks like if if Duke is waiting to hear from the city on whether that easement is possible what the next steps might be there I don't believe I mean I unless Bill knows something I don't um I don't believe that they're waiting on the city I think it's just a a ation there they need to have and be more um

understanding as to how an easement for a sidewalk which I believe is what we're discussing here um would affect their site and and and and their operations there's nothing from the city that I don't right it wasn't a as I understand it the city has not made a request to make that extension but should the city make that request it's something that they would entertain in the future and connection with the zoning to the north so that's what I'm trying to clarify so the they Duke had stated that it was wasn't a request that would come from you it would have to come from the city in order for that easement to occur and so then I'm that's my question to staff is how that happens but I'm not sure maybe I'm not following yeah I well I think it's part of it would be part of a future Capital Improvements project or something that the city could pursue we don't control the Duke Energy land and don't own that land and so it's not something that we have the ability to do but if it's something that the city would wish to see that connection in the future um Duke would entertain those discussions and so I guess my question is what does that look like in going forward how do we are we able to move

forward what would be the next steps um I may defer to Bill on that but I think one thing we want to make sure that we have is an identified project in our um B anded plan uh for this site and also potentially identify it um in as as Jamie mentioned a Capital Improvements program um so that we're not in starting on this endeavor with without knowing that it's something that the city can actually construct thank you Bill judge Transportation I can yeah really just confirm at this point there is not a uh identified project or priority project there as part we have just started updating our bike walk plan uh it will be evaluated but I can't tell you whether or not it would be a selected priority project anytime in the future thank you okay um my next question is um that you talked about doing an income

5% units and that that was sort of the con the consistent thing that was being presented or being proferred at the time that this originally came and I know that this project has been forthcoming for a long time but now we're seeing generally around 5% at at a minimum of offered units um and and I know that this is a 60% Ami as opposed to maybe some of the ones we're seeing at 80% um but we are also seeing 30 years to match the definition of what affordability is at this moment this is simply income restricted and I would say potentially even destabilizing because 10 years is such a short amount of time um so I'm wondering if you could speak to the decision there uh not to extend it to meet that affordability definition um and if there's um any interest in actually matching what is now coming before the council at that 5% or greater amount as well yeah it's a great question and I think the the fact that this has been pending for two years feeds a lot into our decision- making um

when a developer uh seeks to purchase property and build their performer they're doing it on the facts that they know and and what the restrictions are at that time and at that time we didn't have the treat protection protection ordinance that could go up to 28% of of trees um preserved on the site and so they were making decisions based on that and still made the commitment for the income restriction but then the interim had to lose um I think close to 80 units um and as you know those those 80 market rate units are what makes the rest of the units able to be subsidized um and so losing that amount of of income or potential offset um hurt even even more than the original plans were and then replacing that those units with additional tree Save which of course doesn't generate any income but is important to the city nonetheless um makes it even tighter to make the project affordable um and I shouldn't say affordable makes it even tighter for the project to be built to be delivered to receive financing in the future and so we made that decision to over the

past six months working with the city trying to figure out how we were going to meet that new tree protection ordinance knowing that that was important because if we couldn't meet that ordinance we didn't have any units at all we wouldn't have a project and so making that decision and sacrificing those units those 80 units we had to give up um was hard but that the sacrifice we had to make and once we did we didn't have the room left to then say because we've taken that time to comply with this new ordinance we can then go above and beyond and make it 5% or make it uh longer than than the 10 years so we've done what we could um in a very difficult situation in order to comply with that ordinance that was passed uh really on just you know kind of on the eve of our case coming to council and it may not be what you're seeing in other cases but other cases we're operating on a different set of circumstances when they wrote their performas um in a different Market uh situation and so we're doing the best we can to deliver those units um in the facts that we are in today I'm just going to push back about

5 has been consistent the whole time so when you lost the units you would have also lost right the percentages the way that they work is that there's the same it's not the same number but you've lost units and therefore you've also lost number of units that you're designating as affordable so um yes 80 units were lost and I understand that but at that point then we also have lost affordable units in that so I just I guess I'm having a hard time understanding how that's a justification for not for how not being able to look for potentially raising the percentage or potentially raising the longevity um I think that we've talked about this many times but um 10 years doesn't meet any affordability definition um and so yeah I'm just we're seeing we're seeing things that are that are a lot higher and and I understand that there were changes and that this has been ongoing for a long time but um yeah I would like to see an

affordability as opposed to an income restriction but I appreciate that thank you I understand and I I think it's also important to see what happened in those two years with cost of construction and the market and things like that changing but I understand your point I share um I share council member Cook's uh concerns about affordable housing um I wanted to ask um and maybe I had missed it when I Ste stepped aside but uh commissioner Tony CE planning commissioner Tony CE in his comments wrote about um being able to cross Miami Boulevard he wrote the applicant correctly notes proximity trail system of RTP less than 200 Fe feet from the northern corner of the project but no Provisions exist for pedestrian Crossings of the feline Miami Boulevard at either of the two existing signalized intersections near the site the applicant made a verbal agreement to pursue additional treatments at that intersection the city and the applicant

should work together to ensure that those intersections are transformed to allow protected East West pedestrian and bike Crossings to render this location viable for pedestrian biking mode choices taking full advantage of the areal a to fail to do so is to be complicit by the applicant and the city in advancing inequitable Transportation outcomes through what would be a land use decision insufficiently supported by corresponding design of the public right away to meet the needs of all through the Equitable and sustainable provisions of the mobility and access through design I wonder if um we could get a response to commissioner Tony ce's uh comments there from the appropriate either staff or applicants or a few all have have spoken together about those comments yeah and and I think that ties into the discussion we were just having earlier about um making that connection from the site to the intersection and then having the intersection treatments there um again that's not currently in the bike walk plan as far as I'm aware bill can

correct me if I'm wrong on that um that is something that can certainly be uh looked at in the bike walk plan for where would be the appropriate level of prioritization for this location and compared to the other needs we have in the city I think the other thing to be aware of is that uh Miami Boulevard there is nc54 so anything that we would want to do would be subject to NCD approval again it's not just a state road but it's actually a signed Highway um so we would need to deal with any um approvals that would be necessary from ncdot so I wouldn't be able to State certainly now that we could uh while we C we as staff certainly want to achieve what commissioner CE uh described and that's certainly a goal of ours that's certainly not something I can commit to or guarantee at this time thank you one uh question to the applicant um you mentioned the paage Miami Design

District um that's sort of this process to reenvisioning for that to happen um and I'm glad that you referenced that and I'm I'm curious if you've considered a a commitment because you do have the commitment to bring the building up you've got the structured parking you've got a lot of elements that would contribute to something like that have you considered also making commitment to um using the design standards committing to the design standards of of that Design District to keep that consistency with with the uh Design District um we hadn't considered that I know that that's still in its early stages and I don't know what those would be is they kind of subject to change and haven't been adopted yet um it's something we could explore at site plan but um wouldn't wouldn't be able to commit to it at this point okay um and then we've got the 10 foot um 10ft Trail sidewalk Trail for

pedestrians and bicyclists on the front I think um I think this is the the right The Right Use I think think it's the right location it's a weird site because you're constrained you can't I I would be asking more questions about connectivity but the really isn't that opportunity for connectivity um youve got my Miami Boulevard hugging the east corner you've got the train tracks on the west you've got looks like what um is a a substation um to the north so it's it's hemmed in there um and so I think um I think that Apartments is the right thing in this location I think the density is right um and and there are some challenges um there's a lot of power lines that are also uh right along the road um so these are all things that I'm thinking about I'm I'm I'm on the fence on this one but there but I do think that there are a lot of things that are consistent with

the comprehensive plan oh and I forgot to mention um I consistently ask about green development and um this is making multiple commitments to to Green Building um that I think are really really important and things that we ask uh we ask that the development Community consider this is making a direct commitment to Green Building and on top of that it's making some additional storm water um uh commitments that I that I appreciated seeing as well um I liked the sort of list of green development um uh items and then we'll select from these items including green roof and and and other things so um I think that's a very good commitment that's definitely something that I I want us to see a lot of um moving forward we've seen these we've seen these from time to time I want us to consistently see that and build that into the Udo so um again some very good things in in this proposal um some things that I I wish would be more a

little more consistent with the comprehensive plan and also considering the site constraints um you know this is this is pretty this is pretty good uh we'll be listening to my my colleagues up here thank you very much I don't have any questions for the applicant or for staff thank you thank you council member Freeman thank you I did have a question for staff just in context I know at work session we received uh presentation hold on I wrot it now um synchronizing enrollment capacity residential developments and durm by durm public schools and I just wanted to to just hold in tension the conversation around um new developments especially when they're filling in in dense ways that like we need the way we need um just what it what the impact is on our schools and then also knowing that there'll likely be children living in that site what

that those hard connections what it will look like for a child by riding or walking to navigate that space how we're handling that um in the inim till the Udo is passed so yeah a couple of things to unravel there um the first is you know as as Bill mentioned we uh staff is right now working on updating the Duram bike walk plan and um I'm I'm aware that uh one of the factors that's going to go into that is how do we provide transportation for school age children how do we um allow them to uh get to school in alternative ways so that's going to be one of the prioritization uh metrics I'm sure for the uh Durham bike walk plan another thing is that um planning staff has been having numerous conversations with DPS staff about um improving and upgrading our projections for the number of students who are going to be uh that we would model to attend

uh our Public School s due uh to new development so you should be seeing that in the next uh within the next few Cycles um and improved reporting uh for uh the number of students that we would model to come into schools and if you could um help me I'm trying to remember the number that the DPS stated was actual cost per student added versus what we do now I can't tell tell you what we kind of do now um as how much the county funds uh Durham DPS estimates that it's about $537 per student uh per year for operating costs and then for each new student about $100,000 overall in capital costs as a one-time exp expenditure and we provide those in the in the staff report thank you I appreciate that and I just wanted to to just have that front of

mine in just context of like going forward in all of these cases it's always kind of ringing in my in my ears um I really appreciate um council member Cook's comments and questions and I do uh think that Community benefits are what what drives my decisions in these conversations and realizing that there it might be tough for you as the developer uh the applicant in this case you know considering um hard times or the delays or what have you and the change in costs I think because because these costs aren't going down we're have we have to figure out how to navigate going forward in a way that's actually more beneficial um considering our cost as a city and the residents you know who pay the taxes to send these children to school and now private school as well um and so I I just want to make sure that when we ask a applicant about you know whether it's

5% is is laughable I just I just I mean that 10 years is is really just not really an a a comparable compromise and I know that it's not something we can make a developer do but I think when they're in in community with us as a council there's an understanding that it should be similar to what's coming before us and so I do want to make sure I lift that up and then I'll just add that I think um as was mentioned another Shopping Center or 12 units 12 family units when a new development is coming into a community I think it's important to not try to threaten you know the

council or the community in ackn like acknowledging just because by right you could do that I it always it's very off-putting and every time that a applicant does it it pisses me off so I just want to make sure I state that upfront and I'll just add that I think that the tree protections are there for a very good reason and I don't want that to be the excuse for why you can't you know do anything different on affordable housing but I do uh that's your choice and I do want to make sure that we're figuring out how to be more Vision there already um as a city um knowing that these infill areas are where uh developers are going to be looking and so I do want to hear from staff in the coming months or so you know what that looks like because it's going to have a price tag and I think we should share that cost with our um new Developers or developers coming in thank you that's

all thank you um council member thank you Mr Mayor uh yeah I want to Echo or I want to sort of um uh note the comments from my my colleague C Baker I think you're right I think this is the right project for this site um it's a tricky site with the tracks there with the with 54 with the easement I think it fits in the mixed residenti neighborhood um as it's designated on the place type map and I also want to applaud my colleagues I think the the questions we're asking are the exact right questions in this case and actually CC M cabier and I met with the applicants earlier had the same conversations I think about affordable housing about this connectivity issue because I've biked over there we've c m cier and I have actually biked to meetings of the no over there near the Regional Transit Center there are bike paths as your slides showed right but bike paths there's sidewalk so there's connectivities there if you can get across 54 the other issue is schools as my my college council member Freeman raised um I think you've we've given you a tough task ask you you brought this forward the rules have changed since then in most cases we like to see 5% or

more affordable housing I'm satisfied in this case you've you've done all you can with the changes to the tree cover this is a little bit unusual every case is a little bit different I'm satisfied you've um that that you've done as much as you can there or at least you you've you've satisfied our um desire for affordable housing I think the issue of the connectivity across 54 is a tricky one I appreciate Mr judge um and the the the work that we are doing on the bike and walk plan I think we need to challenge ourselves I think it's an issue that we as a city along with you all can help solve it's not fre you to solve by yourselves I do think it's something that we as a city should be challenge to to to build that to acquire that easement and build that connection so one can get across easily 54 and then connect to all the the regional transit center it's all there accessible by by paths and and sidewalks so I think it's real real exciting potential if we can make that link across 54 but again I think it's not solely your burden I think we need to all work together on that the final question I have is is about schools and I wonder if it's certainly a concern did you consider some contribution to the the uh School

fund as part of your uh development plan um we recognize that the schools are important and that the capacity issues are something that the county and the city continue to struggle with um we did not put the priority in that in this this particular area because we were putting the priority on the tree protection and I know that that was you know it seems like it's been passed a long time ago but it was passed literally right before we were going to to get our vote and then once we went back and looked at all the other things that we had to adjust it's not something that that we factored in um as important to as it's important um but as important as the other aspects of making sure we didn't drop our income restricted units down we didn't go from 60 up to 80% which you're getting in plenty of cases you're getting 80% Ami or even 100% Ami in other cases we kept at because we heard the message that that was what was really needed in this area um so that's where the the decision was

made is that something you would consider um I can confer with my client if we want to hear from other uh colleagues thank you uh Mr Mar and thank you colleagues for a great conversation I um I I want to I think it's worth noting um the distinction in nomenclature between affordable housing and income restricted and I think there's some deliberate um intentions behind using one term versus another and we should probably caution ourselves with conflating the two uh of affordable and income restricted um this this given what's going on in that area in RTP I think that this is the right type of development given the trajectory that area is on um I read the planning commission's comments and and I I I too was intrigued by commissioner ce's comments he voted yes by the way but it

was yes but um and and the the issue of connectivity is something we're clearly going to have to deal with as a council um as a County DOT is going to have to be involved in that conversation so I I want to I want to Contour uh my consideration of this case the four corners of this case um with a realistic assessment of what a par one particular de development can do with respect to what will be a universal U Pursuit um for for the city uh and other players um with that said I I don't think approving this particular case as as it's presented precludes or or will hamper hampen us um in any way hamper Us in any way from doing what we need to do in terms of connectivity uh moving forward uh in that area I um I I I you know when the um the Planning Commission approved this and then subsequent to the Planning Commission you you could have argued as expose facto in terms of the

tree coverage thing so I'm I'm I'm a bit impressed that you that you did it you could have come in here and said well even if it was an hour before you know we're not going to we don't want to be held um to expose facto kind of ordinances in terms of tree coverage um so voluntarily put that in quotes um lessening density to improve tree coverage my suspicion is that if you had maximized density you would have gotten questions about what are you going to do about tree coverage uh tree coverage had to come in so so I I I want to commend you for trying to anticipate uh and reading um the lay of the land um I do also want to say that that as as far as I'm concerned I I don't think you threatened us the the the issue of what will go there instead of something else was actually broached by this Council we started that conversation I can remember a number of times when a council member would ask staff if not this then what would go there and I know developers have been listening to us uh and and contouring appropriately I mean if I

were arguing a case I'd I'd gently remind folk as well you know the what the alternative is so I I I want to say that I don't think you've been anything but respectful um before this Council as you've always been so I do want to put that out there um yeah I think in terms of the density of what's needed uh in that area I live not too too far from this area so I'm watching what's happening in the RTP area um I think that single family homes would not be a good idea uh and another Shopping Center in that area um I'm appreciative of the the green the commitment to Green uh standards as well and I know council member uh baker has has championed that and I'm glad to see um moving towards that um not perfect I haven't I I haven't voted on any perfect projects uh but it's it's a darn good one and and it seems like the iteration that we've seen have gotten better I'm averse to council generated um continuances I I I've said that time and time again because whether we want to do it or not it creates

expectations it it it creates um almost uh well go do this and then if you bring it back and have met it then you know and although that's not explicitly stated a lay person watching a meeting you create that expectation you do your work and and bring your your a when a game when you come before us um I think it's gotten uh uh better um I think the the Planning Commission got this one right I'll be supporting this project thank you Mr Mayor goad Mr Mayor do you want us to go on break or do you want us to just go ahead and talk we'll finish this one and then go on break thank you um I realized that this is going I thought we were just in the questions for applicant and staff so um I will be in support of this um project I think think that um while it doesn't hit everything I think there was a lot of uh shifting going on with ordinances and the applicant landed in a tricky spot um so while we are not getting

everything um that we may want I understand that there was a real effort made uh by the applicant to to hit as many uh goals as possible including the commitments to sustainability I think it really becomes our our burden as as Council and as staff around the connectivity piece around across 54 uh I think that we can see some really great opportunity and that really is our work um and so uh and that's going to have to happen anyway between the what's happening in the area with the TOA that we we just are just starting that work that just came to Joint City County Planning whenever not last week but the week before so Council hasn't even seen uh that and County Commission hasn't even seen that on full boards so that's just kicking off um and so I think this type Ty of project moves Us in the right direction uh it it aligns well with what we're going to be seeing in in the 20a um and uh just appreciate again I I hear my uh

I hear my colleagues on some of their questions around income restricted units and wanting more structured parking is expensive storm water infrastructure is expensive making commitments to sustainable design is also expensive and uh while I understand colleagues wanting the best of the best at the end of the day the consumer of that product is paying it um and whether they're a renter or owner uh so we do need to be um thoughtful about the types of ordinances that we are um are pushing for they are important but we have to always understand what the consequences of that is we lost 80 units um so while I appreciate the tree ordinance and I can understand why folks wanted it there is a cost to that the cost is 80 units what would have the affordability what could the affordability piece have been uh I don't know that because that's not the project that I have before me so I will be in support again uh doesn't have

everything but it has a good a good mix of the different types of goals we're trying to achieve uh with development thank you thank you and I'll be brief uh what did you I'm going to say a lot of the same thing but respond to council member go ahead would you go ahead I just wanted to respond to your request that we consider uh a donation to durman public schools and if we're able to make that change at the table um we'd be willing to U make a 50,000 dollar donation to Duram public schools at the first certificate of compliance for the building if that's acceptable to staff that's acceptable to staff thank you thank you for that and um I I'm just going to throw this nugget out there uh Council m cabier is leading up a Housing Initiative uh that will have a lot of things in it which will hopefully ultimately end in a a fund that everyone could donate into um so again not just the city not just the

city but but everyone and um and we'll be able to do a lot more with that I I I want to you know really uh harp on the professionalism of this uh you know when we when we passed that tree preservation at the response of uh at the request of residents I knew the tradeoff was going to be it was going to make it a bit more costly to build it was the it was the process that we were adding on to and that's the trade-off we have to have it being environmentally sensitive has a cost to it and that is just a reality uh I think it was the right thing to do but I also understood what came with it you know there's also something there there's a mindset that comes with owning a business and and the best business I think or you know I guess because we look at it as corporate sales tax or whatever being a good you know uh commercial corporate Steward is being a partner you know uh

and and that's how I look at development and so uh I don't look at you all as adversaries I look at how can we make the best out of this situation um uh and all while considering the enduser so guys bought it in you bought this case during a ve a quite tumultuous time um there was a lot of protest or or not really protest but a lot of uh folks speaking out you know because we were talking about pay employee pay at the time that's what everyone's Minds was on were on and and we were looking we were talking about that and we were talking about the tree reservation you know and you guys had to bring this case through and we were moving a gopost in and out in and out uh I appreciate you going deeper than what we normally hear uh with the 60% I'd like more of course in principle that's we always want more um you know affordable housing but as I continuously

say you can build a cheap structure and you can afford to bet your sleeping in but if you can't afford anything outside of that then what's the point so therefore we have to focus on affordable living appreciate the connectivity I appreciate you increasing the density in what's about to be a very densely populated area so I I appreciate you through all of the changing parts of this meeting us where we are uh where we going with this uh I consider that you know uh heading in the right direction of trying to be a partner in and uh in how we're um populating that area I think this is the right type of housing there uh if you look at car and Apex and Morrisville they do a really good job at single family housing and that is why it's also so expensive over there so durh is going to do it right and I hope that we can um pass this tonight I'll be in support as well um and at this moment uh considering we are close to a break I am going

to bring us to the motion so at this time colleagues entertain a motion to adopt an ordinance annexing 5802 South Miami Boulevard multifam into the city of Durham and to authorize the city manager to enter to enter to enter into a utility extension agreement with hm Partners LLC moved is red second oops um it's been moved in probably second Madam cler I'm sorry for voting too soon um you can open the vote now please close the vote and the motion passes 6 to one with council member Freeman voting no thank you and I'll now entertain a motion to number two to adopt an ordinance amending the UniFi development ordinance by taking property out of

residential Suburban 20 County jurisdiction and Commercial General with the development plan City jurisdiction and establishing the same as planed development residential 37. 978 City jurisdiction moved is red second move and properly seconded Madame clerk please open the vote please close the vote and the motion passes 6 to1 with council member Freeman voting no thank you and lastly I'll entertain a motion to adopt a consistency statement as required by North Carina General statute section 16 D- 605 move to adopt consistency second I move and properly second Madam clerk please open to vote please close the vote and the motion passes unanimously thank you thank you all colleagues at this time we will take a

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gov SLCC careers Vis Duram ncon careers

03 acres and located at 8 30 Clayton Road this annexation petition is for a continuous

expansion of the primary corporate limits this annexation and initial zoning to residential Suburban multifam would allow up to 12 dwelling units on the site the applicant in his application has stated the intention to construct five single family residential structures though that is not committed the properties are currently designated established residential on the place type map the proposed RSM zoning is generally cons consistent with the designated use shown on the place type map thank you and staff and the applicant are available for any questions thank you colleagues there any questions for staff yes that's member cook all right hey how are you um just a couple of quick questions and so I know that this application is we don't have a lot of um what is the word I want to use we don't we have an idea of what might be used but we don't have anything committed necessarily um I'm curious to know if

there is any my understanding is that if you profer something or if you put in something into a commitment then that is a covenant runs with the land otherwise when we change a zoning there is nothing that runs with the land if there was a sale is that correct that is correct um generally yes so for example the request here is for a general rezoning to the RSM district and uh should the Z resoning be approved than any uses currently allowed in the Udo under the RSM District would be allowed going forward regardless of who owns the property okay thank you that was my only question all right well there are no other questions from staff at this time I mean from uh council at this time we will will declare this public hearing

open thank you and do we have the applicant here welcome how much time do you think you'll need four or five minutes all right there you go seven minutes welcome thank you good evening uh council members mayor mayor protm I'm Tisha Wymore I'm a local Durham realtor and I'm here with applicant Albert Fontanel to speak on his behalf I wanted to following the last uh the last one um might be a little more difficult this is a lot simpler process I think this is a project that's in South Eastern Durham and South Eastern Durham has been experiencing um several large

development and medium-sized developments that are underway at the current time as we just heard three of them are within a three within a one mile radius of 830 Clayton Road which is the project site as of today closer into that mic as of today there are 14 homes for sale within a one mile radius of the project site of those eight of them are new construction and of those four are multif family units in 2023 a site directly across the street from the project at 8:30 Clayton Road there was 46 homes sold there um all of those held city services the annexation of this site is important to uh contribute to the possibility of homeowners transitioning buying new homes obtaining conventional financing making it easier for cost savings for

the homeowners I wanted to point out one thing regarding the comments and I think that's attachment J that you all have in front of you from the January hearing from the planning committee or commissions excuse me my take away from that was that there wasn't sufficient uh clarification about the project there was not uh a bolstered you know uh narrative I suppose and that may be true but I think that the process has evolved over time and given what Mr Fontanel is planning um he has has told them and has in front of you what they are planning is five Lots five Homes single family homes that

are in consistency with what's in the neighborhood already he's asking for the flexibility with the changing in the zoning so that he might be able to accommodate that but the basic thing to remember here is Mr Fontanel is not a developer Mr Fontanel is a small business owner he's a sole proprietor he's a Durham resident he is using his own funding to make this project happen and it is a very small economic impact in terms of Durham and the revenue that's received from housing but it's a lifetime achievement for Mr Fontano that's all I have to say thank you thanks all right I do not have any uh other speakers signed up for this item uh so therefore I'll declare it the public hearing closed and back before

the council colleagues council member cook thank you um Miss Moore was that was that your name Moore I'm sorry I just I had a hard time hearing you with the microphone um can you say your name for me one more time Tisha Wymore yore why more okay like a question okay yes um so I heard you say that the issue at the Planning Commission and I did watch that Planning Commission was that there was sort of a lack of clarity around this and that's kind of was why I was asking those questions at staff um is Mr fondell prepared now to commit to the five units I think the commitment is is is what's not really I don't know that we yeah I think he wants to answer that's a term we don't know at the time we requested for the zoning I thought I could use five units now that

I'm aware that we can actually do 12 uh because of all the housings I've when need dur I could commit to the 12 homes okay my understanding was that you wanted to do no more than five but you are interested in in building all 12 yes and and you had stated before at the Planning Commission that your interest was to provide affordable housing Cor in this area um so can you make any commitments around the affordability of those units I haven't done the research so I cannot make any commitment to that right now but I am willing to um do affordable housing so I just want to make sure that we clarify there is no development plan associated with this request it is a general resoning so the applicant cannot commit oh thank you to anything to anything right now um if that were to be the case it would be uh

there would be a required development plan that would need to be submitted and reviewed by staff additional fees paid and this case would have to go back to Planning Commission for its consideration thank you council member cavier okay thank you I don't have a question for the applicant I do have a couple questions for staff thank you Erin so I I get the general rezoning is there can you just explain so in in Planning Commission comments there were a few things were why didn't he submit a textual development plan I guess currently with the with the zoning that's there what could be built with the zoning that's there what could be buil I'm trying to because it's it's split zoned I believe it's rs20 in the front and residential rural in the back so I'm assuming it would be less than five oh yes it would be probably two okay so that that is why the resoning was sought correct and then he's kind of going into

the next level and he's kind of stuck at the up to 12 going into the next level right okay and I'm also assuming that a general resoning like is it a is that is that a cheaper process than a text development like it is okay yeah to to do a development plan does add costs and complexity to the project so if I'm a person with a small parcel and this is literally an acre of land that for for cost benefit for myself that the the path that the applicant chose was probably the most cost effective plan for them yes I want to say uh this this would have been back on the old fee schedule but a develop a textual development plan would have added about $2 to $3,000 in fees thank you those are all my questions for now council member Baker did you have

any Freeman did you have any questions um yeah just just one question um I appreciate you sharing the the this little information about the area I'm just curious maybe I don't know if I can ask obviously can't ask questions about commit ments affordable but I'm just kind of curious could you tell us what the price point is you're expecting can we ask that question what the expected price point for the housing is you've listed the the prices for other houses in the area I'm just kind of curious I think it's hard to say given the time frame because you know the market is as volatile as it is so this is a year in advance probably you know in a time frame currently those houses that I've shown you those photos of around like they're around like sort of Med run 400,000 yeah right so so that's about right and then those the multif family homes there are in the 300 350 so that the difference is is probably going to be maybe 5% higher next year who knows you know I appreciate it thank

you well thank you Mr Mayor Mr font would ask you a question please sir thanks for being with us how long how long have you lived in Durham over 40 years are you are you do you had like a multinational multi-million dollar development firm no sir I do not you sure I am sure I can find I'm the government I can find out stand that sure thank you I um I I I understand I see the five5 split in the planning commission's vote I'm I'm finished with you thank you very much sir five5 uh vote split in the planning commission's vote I think the some of the metrics that the Planning Commission applied to this case um really aren't appropriate for this case I I have voted for annexations and util utility extension agreements for about the same amount of land for one single family own homeowner to do something on their land personally um

resident who's not a multin multinational or millionaire developer long-term resident it's an acre um I prefer the resoning generally because of what the possibility is in terms of where we're going as a city trajectory in terms of density than what's there now um yeah I I I'm I'm going to prove this case I I've approved uh these type of annexations for same amount of land less land for one single family home to be built um here's a situation where we've had at least a representation from a long-term durm res uh to build more uh than that not just a mansion for himself uh I'll take him at his word um I recommend approval this I'm gonna vote for to approve this thank you Mr Mayor I have a question for the applicant yes sir this is your first time first time yes nervous very

nervous you you are you're in this business for the right reason and you're doing the right thing um I'm sure we will figure it out but I appreciate what you're trying to do um put a roof over more folks uh over their heads so um however you find a way to get up to 12 whatever type of housing it may be um I appreciate it thank you good job okay I'm going to officially close this public hearing I thought I did that earlier so um and now it's back before the council and you guys have asked a lot of questions already so I'm going to move on to the uh to the motion here so colleagues I'll now entertain a motion to adopt an ordinance annexing

Hurley rhen to the city of Durham and to authorize the city manager to enter into a utility extension agreement with Albert Fontanel just read second it's been moved and properly seconded Madam clerk please open the vote please close the vote and the motion passes unanimously thank you so much and I'll also entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential Rule and residential Suburban 20 and false Jordan Watershed protection overlay District B County jurisdiction and establishing the same as residential Suburban multif family and fall St and Watershed protection overlay District B City's jurisdiction mve is red okay move and properly second it Adam clerk please sub a vote please close the vote and the motion passes unanimously

and I'll lastly I'll entertain a motion to adopt the consistency statement as required by the north C General statute section 160d d605 move to adop consistency second been move the property second it Madam clerk please open to vote please close to vote and the motion passes unanimously all right Mr fontel great job you should uh teach some lesson some Les uh lessons on this good job all right and our last item for the evening is number 30 Consolidated annexation fingon Road multif family mayor Williams mayor proam Middleton and honorable council members a request for a utility extension agreement voluntary annexation and initial zoning map change has been received from Dan juel of Thomas and

22 n zoning is generally consistent with the designated Place type staff and the applicant are available for any questions thank you you've now heard the staff report are there any questions for staff all right at this time I'll declare the public hearing open and have Mr Neil go how much time do you think you need 10 minutes maybe I don't think

it'll be that long all right and you can place 12 minutes on the clock thank you good evening mayor Williams mayor proen Middleton and members of the city council I'm Neil go an attorney at the Morning Star Law Group at 700 West Main Street here in durm uh thank you Mr Kane for your presentation and also thanks for coming back to Durham I understand you had a lovely vacation uh we have a few folks with us this evening uh on the Land Design side we have Dan juel from Thomason Hutton we also have Earl lellan yeah he's still here uh with kimley horn and we have Kyle Whitaker who's with Northwood Raven the developer for the project um I really enjoyed working on this project because Kyle Whitaker with Northwood Raven has emphasized Community engagement throughout this process we've had several meetings with community members from the adjacent cul Barbor neighborhood specifically over the course of the project I think more than uh 10 meetings I believe and uh we have added several commitments ments uh and Concepts to address many of the concerns they raised uh to me even more impressive is that even after receiving

a recommendation of approval from the Planning Commission uh we continued having conversations with the neighbors and added even more commitments to address outstanding concerns from them in addition to addressing feedback from the Planning Commission uh specifically there were four members of the Planning Commission that voted no primarily they expressed concerns over three items number one was affordable housing we have increased our commitment to Affordable housing uh secondly they express concerns about traffic the project includes all improvements recommended by the Tia and additionally the applicant has agreed to several additional traffic calming measures finally a few Commissioners Express concerns about tree coverage and it's true that the development plan commits to the Udo requirement which is 7% it should be noted that that is being provided through preservation rather than through replanting and additionally the Udo already requires major specimen trees Within project boundary buffers to be saved so you know the D plan doesn't show those trees as being saved specifically because it already is a Udo

requirement and therefore that's not an excess of the Udo in other words many mature trees will be saved on this site uh also added since the Planning Commission meeting in response to feedback from community members uh we clarified a minimum distance for the offset between the North and South access points if it's not clear uh our neighbors are concerned about creating a straight shot through their neighbor neighborhood so we're offsetting the access points so that the path is not straight which should make people slow down uh we also are committed to striping portions of existing Niagara Drive which runs through cul Arbors at present um this is to define the travel way and provide a visual queue we also have agreed to a crosswalk and narrow narrower Road design at the extension of Niagara from cul Barbers into the project um and we've decreased the maximum height in a portion of the site to help with massing uh the project highlights the challenges posed anytime new development is proposed next to established residential areas um despite the project

22 n dwelling units per acre as far as diversity goes the project will have multif family units set up as traditional Apartments town homes and possibly single family detach type units as well um these are all multif family but the project does offer you know a range of options if you drrive by it will look like different unit types

Additionally the affordable housing commitment will ensure diversity of income levels within the community and then there is design uh working with the neighbors we've really laid out a project that will provide gradual transition in terms of massing from the existing Community to the north we have set up essentially three zones in the project in the very North section closest to C Barbor height is limited to no more than 35 ft and the units are limited to either town home or detach style multif family units just beyond that section the middle section allows Heights of up to 50 ft and finally the third section allows Heights up to 65 ft uh We've committed to the offset between the northern and southern access points we've committed to various caling uh traffic caling measures throughout the project and also traffic cing measures within existing C Barbers um and uh We've committed to parallel parking Road strip Road narrowing crosswalks and more we also have committed to some offsite sidewalk and rideway dedication uh I think the project comes together beautifully to balance perhaps competing interests of existing

communities and growth management it offers dents a or it offers a residential Community the design of which has been shaped heavily by our neighbors uh and Community stakeholders I think this is a project which the city can be proud of we certainly are and our team is available to answer any questions you may have uh we thank thank you for your time and consideration tonight thank you thank you so much I don't have any uh other cards signed up for this one no I'm sorry yes I do there is uh yeah rajes patil online online yep all right um do you see you have them Raj um rajnish can you hear me yes Ma I can welcome thanks for joining us virtually you you have uh three minutes thank you uh should be quick U

we we live in 5312 farington road which is immediately adjacent um to the area that is currently under review uh and we are very happy to move into this place we only moved in January of this year um got this place over from Stan esit who lived here for 40 years U the primary concern or a question we had and and a request to the developers is uh as we as our property opens up on the west side of the farington road and it's immediately adjacent to the uh zoning area now there is a a road safety risk we see as we exit the property uh because it's only a two-lane road so we wanted to know we saw the plan that there's an egress and a buffer Lane planned for the new property that's being developed our request would be to extend that so that there is an egress and slow zone or a slowing Zone in front of the driveway

for our property that was one question the second was our driveway is pretty long from farington road coming in and it's absolutely adjacent to the uh new development so we wanted to know how the offset would be in terms of the fence line that the new property would be having because it's um just our family living here so you're just uh concerned about how far that fence line would be and then the third question was coming in on the uh Southwestern Corner uh I think uh Neil go just now talked about saving a lot of the mature trees and a lot of that area has a slope to drain the rain water so we wanted to make sure that that part is was considered as part of the design um mayor sir thank you for for your time and attention to these thank you did you uh want to respond to

that so I was having a little bit of trouble following along um with some of the requests I I think I know where this house is it's a single family home that's set pretty far off of Fairington road yeah and it's like um near that pond on the yeah so okay just start he started with the the southwest corner of the property that was one thing that he uh mentioned and they're being mature trees I actually think that is a section where we have some tree save because that back area to the West is um is a stream so that is where some of that treat save is specifically I think he also was asking about the maybe setback or fence line on the property line and actually we're showing I believe a zero zero setback on the Southern Property Line in that area that that is one way that um the design Works in this uh on this piece of property which I believe is in a compact

neighborhood here um and then I don't I'm not sure I can address the uh the first one seemed related to the driveway location and he was asking about having road improvements there I'm not exactly sure what the question was to be to be fair Mr rashish are you still available yes could you could you repeat your first question the first question was uh the opening of our driveway is right on farington road and uh I saw that the plan has a Slowdown or an egress to make a left into the new development our request was to see if that ESS or slowing down Zone could be extended further because the the carington road has a Bend with a lot of trees and the the traffic that is increasing or would

increase because of the new development would uh create a fair amount of road safety issue for us from what we can see uh we're not no experts in in Road Safety but it can very well be that um if this low zone or the ESS to make a left is not extended further to cover maybe 100 ft beyond the development that would create a bit of an issue for for us to exit into the farington road okay having looked at the plans I think what we're what this gentleman is referring to is our our plans do show that we are adding turn Lanes in Fairington road specifically there is a left-hand Northbound termin line on barington road and I believe the question is whether we could extend that so that that uh taper goes beyond his property line I or his driveway I should say um we have not evaluated the road to like I wouldn't be able to answer that

question tonight um we just don't know it's We are following the recommendations in the Tia um and it's a little bit unclear whether there is sufficient right of way to actually accommodate that Improvement in that location um which is a little bit different than you know if we were let's say developing that property then we could actually adjust the right away but we can't we're not in a position to make a commitment to extend that that road Improvement today okay thank you yeah right um council member cook oh I'm sorry uh I don't have any other signups at this time I declar a public hearing declared a public hearing closed and back before the council council member cook thank you uh just a couple really quick questions Mr go uh so do you have an idea of the of whether and what units will be rent versus for

sale is that something that you I think this was all be for sale so this is a multif family project MH um It ultimately when it's developed is essentially going to be all of the units are going to be on one tax parcel um it's just that some of the units will appear like single family detach homes or town homes rather than traditional stack flat Apartments there will be those as well uh but they are all considered multif family units under the Udo okay because at the Planning Commission you had mentioned I'm I'm going to move into the affordability you had mentioned that you thought that y'all would restrict the affordability units to the apartment Styles as opposed to the other styles is that still the case right so we have we have increased our affordable housing commitment I think when we were looking at Planning Commission we were looking at only the apartment style the um stack by apartment style so we were at I think like two % of the overall or maybe less

than that of the overall units um and we have increased that commitment to being 5% of the overall units so that's regardless of the type of unit 5% of the overall units would be uh subject to that affordability commitment okay thank you those are my questions I have a question for staff about what the it made sense to me what the applicant said about not not clear on the um this might be actually a bill question because it's around Transportation thank you Aon sorry you're like no I'm good with that thanks um um hi um just out of curiosity so I hear what the applicants saying about the not not clear on the RightWay and would there even be space to taper and I get all that is there a way to say if it is possible that they would do it is there a way to like phrase it in such a way that that a commitment like we get that that technically it might not

happen like you literally may not be able to do it but that there could be a way to phrase it so they could do it if if it's if it's you know meets the requirements I guess is what I'm saying U yes so I believe applicants have in the past proferred subject to the availability of of RightWay so that if uh they can then later show that the RightWay is not there that it would take then um they would not be required to make the commitment so I guess now my question is for the applicant just out of curiosity would you all be interested in adding that that extra feat to to think about this resident um uh and his query with his comment well okay just want to clarify what the request is here because I think that the uh gentleman we heard from Mr Patel he was asking whether the taper could be extended and and I just want to clarify my

understanding is if the taper were extended that wouldn't necessarily create any kind of left turn to his property which is a different uh you know Road it's a different movement I suppose so I'm I guess I would want some clarification on what we're talking about doing and I think we're going to need a moment to discuss whether we can actually do that yeah and I understand it might not be possible but I also understand that the the resident saying hey if there's a benefit really close to me would it could potentially benefit his safety and and there is going to be more traffic which I understand you are with your tia solving I mean addressing I should say but you know if possible let's try and do it thank you go ahead council member Baker Neil do you want to um I asked you earlier about the the Green Building do you have a response to that I do um yeah

and I we spoke earlier and then I was able to speak with our team so we are able to make some commitments to Green Building and if you'll just give me a moment um so one of them will be that we would provide a minimum of four EV parking spaces um and then the other one it's very similar to to the Green Building um commitment that was on the South Miami Boulevard case earlier today we were looking at that one um essentially it would be the project should be designed to meet the requirements for one of the following Green Building certifications and then it lists many of them lead energy star B ream green Globes ngbs green or greeng guard um and then we' say within 12 months of the issuance of the final certificate of compliance uh for the project the developer shall demonstrate to the city that the building has been certified as

a green building by providing a copy of the Green Building certification we would be able to commit to both of those things great thank you um see what else here oh uh did you make a commitment to um the schools donation to the schools we did and then I noticed that it's not on there it was in the amount of $64,500 we said that at Planning Commission I'm put that on us I don't think we ended up on our revised development plan that commitment remains okay great um let's see yeah I I think um I think this is going in in the right direction um generally I uh this is a very large site 20 acres um in an Ideal World I'd like to see some retail on the site um I'd like to know that there was going be a commitment to walkable design um and connectivity on the site I know there's

going to be the connection there um and framing buildings and the orientation of buildings such that it is uh it is walkable I'd love to see public park dedication um number of other things that that I'd like to see but um until then I do think that this is the right use in the right place I appreciate the commitment um to uh affordable housing for the 30 years um I like the Green Building commitments and there were a couple other pieces that I liked so um so again I think this is going the right direction thank you thank you Mr Mayor Mr go thanks for the presentation and uh I agree with my council member Baker appreciate the uh the additional commitment to affordability the the actually good catch on the on the school commitment that's that's appreciated as well as the green commitments um I often ask about

the bpack comment since I'm the bpack representative on the council so I do want to ask about the one comment they had in here about and I just want to make sure I understand that so you're going to put a 10 foot shared use path on the west side of Fairington right along our front correct along your front right so the comment from beac was extend sidewalk on the west side of Fairington road to connect to Rutter's Place Yep this will allow residents to walk to the Transit stops and amenities on 54 so is that that's is recers where and I apologize it's half a mile of sidewalk offsite and then going towards 54 so it's it's off your it's off it's off your parcel it's way off the parcel yeah but I will I will note um much of that section between our Frontage and ruers is also being built by other developments already so that that distance is half a mile I couldn't tell you exactly how many of that half mile is already spoken for but a lot of it is there's some gaps in it but those gaps are off site yeah I appreciate that yeah

no that's what was I was trying to understand that so I get that it's offside for you all I drove that I drove down Fairington just last week actually on the way to the to the uh to hearnen park for the for the international soccer tournament so you're right that those sidewalks are filling in um and we hope to soon see sidewalks along that whole whole stretch of Fairington so um appreciate it thank you y all right I um well I'm not going to support this case just joking um I don't have any questions colleagues any other questions yes I just want to make one statement which is um well actually two the first one is I watched the Planning Commission as you all know I do and um there were a lot of residents that came with a lot of issues and I'm glad to see that you've

continued having those meetings and that those folks are not here tonight I think that's an oh they are here you didn't speak in opposition let me rephrase you did not speak in opposition tonight um there was a and y'all did an excellent job by the way they had a slideshow presentation they had an order it was like very impressive um but I just want to say that they did not speak tonight that leads me to believe that at least a lot of their concerns have been addressed and I think that that's a real positive so that's something that I'm paying attention to and I just wanted to state that um the other thing that I want to say is that it would be really nice if the projects that come before the Planning Commission had they were really like the best you could do at that time I think that y'all knew there was conversation about the affordability aspect um and the less than 2% I think yall knew that that wasn't where you were going to end up and for me it's important that I get the

expertise of my Planning Commission on a project that feels at least close to complete as opposed to this idea that like we'll make a lot of changes in between Planning Commission and coming to council so that's just something that I want to recognize I think this one was particularly surprising because morning stars in front of us all the time yall kind of know where we're going in the expectation in that department um and certainly 8 units out of 415 uh was I yeah it not a great offer um so anyway that's just wanted to make those two comments uh but I do appreciate the the project that's come before us I do think it's better and and I hope that we continue getting those that are listening to community input and getting better and better as they go along thank you all right uh thank you colleagues for your comments um thank you all for uh bringing the application forward at this

time I will entertain a motion to adopt an ordinance annexing annexing Fairington road multif family I'm sorry oh if if I could just n make sure I confirm what I heard in terms of the additional commitments thank you um uh four EV parking spaces a minimum yep a minimum 4 AV parking spaces uh a Green Building certification yes and $64,000 to dur $64,500 to dur Public Schools correct okay great thank you thank you Mr Mayor I just want to confirm that you got it thank you for capturing that is I was curious about my query sorry is there any so what I don't think it's a commitment we're going to be able to make tonight with the design uh just right here on the floor looking at it it

looks like there could be some potential issues with spacing between that guy's driveway and where our site is generally speaking that spacing would be further for like a let's say a commercial driveway to commercial driveway um so to provide for us to commit to provide an accommodation for a personal driveway in just looking at it here on the floor we're not sure that it's going to meet the right spacing requirement and that there could be um safety issue with like rearin collisions because people are not expecting that turn they're expecting the turn at our site so I don't think we we are comfortable making that commitment tonight thank you and thank you thank you all right this time I'll entertain a motion to adopt an ordinance annexing fingon Road multif family into the city of Durham and to authorize the city manager to enter enter into a utility extension agreement with Northwood Raven LLC so moved second SP mov and properly second it

Madame Clark could you open the vote please close the vote and the motion passes unanimously thank you and I'll also hand a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential Suburban 20 false Jordan Watershed protection overlay District B so moved and major transportation Corridor overlay I40 County jurisdiction and establishing the same as plan development residential 21229 Falls Jordan Watershed protection overlay District B and major transportation Corridor overlay I40 City jurisdiction moved is red second Mo than properly second Madam clerk please open to vote please close the vote and the motion passes unanimously all right and lastly I'll

entertain a motion to adopt a consistency statement as required by North Carina General statute section 160 D- 605 so move it's been moved and properly seconded that um I feel like I'm experiencing a glitch in The Matrix right now I'm so tired you're almost um Madam cler please open the vote please close the vote and the motion passes unanimously all right colleagues uh thank you all so much in closing Bill NY the Science Guy said hello and what many of us did probably did not know his roots are in Durham his mom lives in Durham his nephew family all in Durham so Bill NY was here today and uh he said hello and I was able to welcome him home all right that said thank you all so much good

night for