All right, good evening. We'd like to call the Durham City Council meeting toward its 701 p.m. Monday June the 20th and certainly want to welcome all of you that are here for us this evening If we could just take a moment for silent meditation, please Thank you. I'm clerk. I'm gonna ask Davis to listen to pledge Madam clerk if you could call the roll please mayor bill present mayor pro-tem cold McFadden Councilmember Davis councilmember Johnson councilmember Moffitt Councilmember Reese here and councilmember shul We have several Resolutions that we like to present this evening. I'm going to first call on the mayor pro-tem Followed by Councilman Moffitt. Good evening. I am honored to present a resolution memorializing Angela Vandora Langley and a what asset or family join me Every member who's here And it reads whereas Angela Vandora Langley lovingly known as Angie Was born in Durham, North Carolina on May 27 1961 to Gloria L. Kearney and Samuel Kearney and whereas Angela was a proud graduate of the Hillside high school class of 1980 and went on to further her education at North Carolina Central University Earning a bachelor of arts degree in elementary education in May 1984 as well as the master's in agency Counseling in December 1995 and while there was elected Miss junior in 2006 she received a certificate in professional activity specialist or senior programming at Durham Technical Community College and whereas Upon finishing college Angela worked for the North Carolina Department of Health Services as a Rehabilitation Counselor with the independent living rehabilitation program assisting individuals with severe physical disabilities in Maintaining independent living in their homes and the community and Whereas at an early age Angela joined First Calvary Baptist Church where she loved praising the Lord and often expressed her faith Through journal entries of sermons and scriptures that were preached during church and Whereas Angela recognizing the family was so precious Evident of the strong love she had for her son Brad and her three beautiful granddaughters Navea Savannah Paris Maria and winter snow who provided such inspiration for her life and whereas Angela's strong conviction for being that voice who advocated Terroristly for children person with disabilities affordable and accessible housing Efficient government services and responsible economic development Improving the quality of life for all citizens Led her to serve as a member of the Durham City Council from 1995 to 2001 and Whereas Angela was the executive producer and host of the disability empowerment project aired on Channel 8 use this tool as a platform to encourage inform and Educate the public on the lives of persons with disability and Through her constant caring for others Angela volunteered with the senior life program at the community family life in recreation center at Lion Park and Was involved with greater joy Baptist Church choir Executive board the big sister program liaison for disabled tenants in public housing Kappa Alpha Sass sweetheart Co-founder of willing to save my brother partners against crime district 3 Lion Park neighborhood Association and whereas Angela's professional affiliations and awards included the national association for independent living Durham area transit authority recipient of the triangle acts Access award in 2004 data link paratransit advisory Mayor's committee for persons with disabilities protective services of the Department of Social Services The developmental disabilities council and most recently she was appointed by Durham public schools to serve as a surrogate parent Representing students with disabilities in IEP meetings whose parents were either unknown or unavailable Now therefore be it resolved by the Durham City Council Number one that this city council pauses in a moment of silence in memory of Angela Vandoren Langley That this governing body pays tribute to the life of Angela Vandoren Langley and the contribution she made to the city of Durham not just for the disabled but for all people That this resolution be spread upon the official menace of this governing body And number four that a certified copy of this resolution be presented to the family of Angela Angie Vandoren Langley ID and gray duly appointed city clerk of a city of Durham, North Carolina do hereby Certify that the above resolution is true and accurate which adopted by the city council at his regular city council work session held on Thursday, June 9th 2016 is signed by William v. Bill bill mayor D and gray our city clerk I'm destiny quick and Angie was a very special person to me because she always helped me she always take care of my mom was at work and She always was just a wonderful person. She helped everybody in the community and And she Langley is just the kindest most sweetest person that I have ever known Thank you Thank you Councilman Moffitt is coming forth. This is a supplement item a resolution that Don't speak to and it's item 55 a Resolution of condolence and support following the massacre pulse and Orlando, Florida And appropriate time after Don is ready Direct as council to adopt the resolution councilman moffitt. Thank you, mr. Mayor. Good evening everyone in this Sunday's edition of the News and Observer Timothy McNair Wrote about being African American and since the age of 16 openly gay He wrote extensively about the additional burdens of being both gay and of color and pointed out in his essay that the victims of the shooting in Orlando were overwhelmingly black and brown One only needs listen to the names of the killed red allowed to realize how many Were Latin X which is the non-gender term in use for both men and women I'm proud of Durham's embrace of diversity and happy to offer tonight's resolution on behalf of the entire city council Whereas the city of Durham has been and continues to be a community that embraces the diversity of humankind and Whereas the city of Durham is committed to residents ability to enjoy their life without fear of harassment or discrimination Due to their race color religion sex national origin political affiliation or belief age disability sexual orientation or gender identity and whereas one place of refuge for the lesbian gay Bisexual transgender and queer community where they could safely be themselves has long been bars and nightclubs such as pulse in Orlando, Florida Whereas pulse was opened 12 years ago by Barbara Poma to honor her deceased brother and named for his heart and Served as a community hub for HIV prevention breast cancer awareness and immigrant rights and whereas on June 12th of this year in Orlando, Florida a gunman without reason or provocation entered pulse and Massacred 49 people and grievously injured another 53 people and whereas we have Four gun violence and whereas this attack specifically targeted the lgbtq community and the Latinx community and Whereas we value and support all peaceful people and especially at this time our lgbtq community and the Latinx community Therefore be it now resolved by the city council of the city of Durham, North Carolina That the city grieves for those killed and wounded and be it further resolved that we offer our Condolences to the residents of the city of Orlando and the members of the lgbtq community and the Latinx community there and Be it further resolved that we firm we affirm our commitment to embracing diversity and Be it further resolved that we offer our support from members of the lesbian gay Bisexual transgender and queer community and Latinx community everywhere and especially here in Durham Let it be spread far and wide that people everywhere so know our support and embrace for all members of our community especially on this day the members of our lgbtq community and the Latinx community and it's certified by the clerk and duly signed by William Bill Bell the mayor of the city of Durham. Thank you Thank You councillor Moffitt. I would entertain the motion adoption of the resolution. It's red It's been properly moved in second madam clerk. Will you open the vote? Close the vote It passes having a zero I'd like to recognize the mayor pro tem Yeah Good evening again. This is a resolution Uh that I brought forth A few meetings ago, but it was not red and I think it's important enough That it should be read So that The public will understand that we do support our young African-american males as well and it reads whereas young men Generally an african-american males specifically are dying at an alarming rate due to homicides Which is the number two cause of death for all males And the number one cause of death for 15 to 24 year old african-american males and whereas research documents That daily exposure to violence among men Generally an african-american males specifically Impacts dramatically and forever changes the lives of these youths and their families and whereas The loss of african-american males in the community as a result of homicide and high rates of incarceration Further impacts the community by reducing the number of males who may serve as role models For young african-american males and whereas the city in our efforts to prevent Violence and address the root causes therefore Thereof will continue to support the following programs Year-round city programming office on youth team youth team center Durham youth commission Durham parks and recreation team program and south side youth leadership program police athletic league police explorer program water conservation educational program and seasonal city programming Durham parks and recreation summer camps Durham youth work internship program and job readiness workshops the junior fire marshal program gang resistance education and training that is the great program summer camps city participation Gang reduction strategy project bill becoming Building every chance of making it now and grown up The junior leadership Durham program the justice involved program and the mayor's poverty reduction initiative and whereas only increased Local attention to this matter can reduce the violence that plagues many young males generally An african-american male specifically be it resolved that the city of Durham will continue to call for a holistic intervention approach Designed to address the violence among males generally and young african-american males specifically and be it further reserved that Resolved that the city of Durham supports short and long-term strategies to bring peace Back to the african african-american community In a way that promotes the longevity of the lives of african-american males and while i'm staying Let me please plead to Everyone who can to mentor A young black boy Be a positive role model give some time and you will see a great change in this community. Thank you Thank you, madam. Mayor pro tem. I entertain a motion to adopt the resolution is read So moved second. It's been a problem to move to second madam click. Will you open the vote? Close the vote All right, thank you Let me ask other announcements by members of the council recognize councilman Mr. Mayor, it's my understanding that this morning we lost another one of our lions in the battle for civil rights And um, so I understand and at water pass this morning And I would ask that we take a moment of silence to remember the The the energy the sheer energy that she brought to her battle For social justice make Durham a place where everyone Is treated fairly and with dignity Thank you Thanks, darn I recognize councilman shul Thank you, mr. Mayor. We have another resolution On the consent agenda the resolution support the faith idea of Durham and this resolution supports the El Centro hispano The immaculate conception church other churches And the Durham police department who have worked together to create this idea So that people without identification in our community will have some identification for When they encounter police officers or Uh, other of other of our local institutions The legislature we used to recognize the matricula consular the legislature made that illegal So I just want to thank our local institutions and our police for endorsing our own local form of ID And I want to just ask uh, pilar rocha goldberg who I believe is here if she would stand the director of el centro And just say thank you very much pilar Can you state the number that the resolution that the mayor pro tem did was 46 you might This is item seven resolution supportive faith idea of Durham, and I will move the item It's been properly moved in second madam clerk. We open the vote And close the vote It has a seven a zero. Thank you Are there any other announcements recognize Councilman reese followed by the mayor pro tem. Thank you, mr. Mayor This past june 16th this past thursday my wife and I had the opportunity to attend a screening of a film at the carolina theater Called love is all you need it was a incredibly powerful film that uses a Narrative twist that I won't give away to help those of us who are not lgbtq understand what young people go through when they come out And when they finally start to realize who they love and who they're going to be and I encourage It's not yet in wide release But I encourage when it does come out in wide release I encourage everyone to go see it for a deeper understanding of Of how young people in this community can be victimized by hate And The other thing I wanted to mention is that this was at the carolina theater That they sponsored it as a fundraiser for a group called Safe schools in c and I just want to thank the carolina theater for being an active and vibrant part of this community And I want to thank the city council, especially the city manager for his His special attention to the needs of the carolina theater over the last year, and it makes a difference. Thank you Johnny recognize the mayor pro tem I would like to thank all the organizations who are focused in attention on our young people It will make a difference and I still Plead to people to be mentors Do something to help our children? Many of them are from uh families that Are not structured Families that are having some problems. So it's up to us to help save a generation of children. I plead with you To help Somebody I know we have a lot of protest about a whole lot of things But if I could protest tonight It would because we don't do enough For our children we need to do More for our children We need to do more for our children. I'll say it 10,000 times if I have to That's the only way things will change Don't focus on us. Don't focus on yourself Focus on the children. They are our future. Well, they are they are our right now We've got to do something to help them Can I get an amen right there? Yes, I do Thank you There were a lot of things that were happening this weekend positive. We've had these past few weekends have been great great well the great Functions of CUNA the brand band was down in community bands were down at the Durham Central Park You had Juneteenth And you had I guess the event over in Norfolk Central Durham on Driver Street. We're understanding there was great attendance at both all all the events Uh and speaking about Norfolk Central Durham the Community Center for Documentary Studies has done a video of Different sections of Norfolk Central Durham talking to different residents in that community and they will have a CD screening of this video on Saturday June the 25th at 10 30 a.m And it will be at the full frame american tobacco campus theater Even if you know what american tobacco campus is if you go on the campus, you'll probably even find the full frame theater The public is invited and again, it's at 10 30 a.m And it's sponsored by the center for documentary studies If that concludes all the announcements, we'll move to the priority items first recognized as city manager Thank you, mr. Mayor. Good evening everyone I have two supplemental items, which are priority items this evening than an announcement A general agenda item number 53 zoning map change cornwallis road property z 1 5 0 0 0 3 1 This is supplemental item carryover from the june 5th june 6th 2016 city council meeting And then agenda item number 54 the fy 2016 17 non-exempt pay structure adjustment recommendation Those are the two supplemental items and I did want to report as you recall at the last meeting We had significant problems with the microphones and some issues with voting Unfortunately, those issues are not completely resolved at this point We anticipate hopefully taking care of that over the summer break But it is possible this evening that some of the the microphones may malfunction We would ask the council members speak directly into the microphone Because we are not experiencing the problem and what's going out over the air just what's in this room So if you can speak into the microphone Even if it doesn't seem like it's working That will be helpful and then Again, we'll just have to play it by ear see how the the voting screen works so far so good But that may may have issues during the night as well. We apologize for that But uh trying to get on top of it. It's just gotten to be a little more complicated than we anticipate. Thank you Thank you entertaining emotional and the city managers prior to items It's been properly moved. Second madam clerk. Will you open the vote? close vote It passes seven is zero. Thank you recognize the city attorney. Thank you, mr. Randall priority items Likewise recognize the city clerk. No items mr. Mayor in that case. We will proceed with the agenda as printed and Probably most of you know that the first items consent consent agenda and consent agenda items May be approved with a single vote if a council member or a member of the audience Chooses the pool on a consent agenda item We discussed that later in the program and I'll just read the heading of each one of the consent agenda items Item one is approved with city council minutes Item two is the mayor's nominee for a reappointment at Durham open space and trails commission Item three is the mayor's nominee for reappointment to the human relations commission Item four is fy 2015 16 amendments to the budget ordinance grant project ordinance and internal service fund spending plans item five is the fiscal year 2016 2017 budget in 2017 22 capital improvement plan and I'll pull that item item item seven is Resolution in support of faith idea of derm He just did that And item eight is proposed fy 17 planning department work program and I'll pull that item Item nine is derm bicycle and pedestrian advisory commission annual report Item 10 is the contract with steward engineering ink for the development of the duke belt line trail master plan item 11 is interlocal agreement for regional transit information center Item 12 is ordinance amendment section 70-57 Payment of water sewer and storm water bills in section 70-5 obstruction of water meters Item 13 is water regulatory compliance engineering design services contract amendment number five black and Beach international company item 14 is brown and williams water treatment plant expansion and upgrades project construction contract awarded crowded construction company Item 15 is eno economic development district Water and sewer systems project amendment number two for professional engineering services CDM smith ink Item 16 is supplemental article number seven Compendium of raw water sources for jordan lake partners Item 17 is city county radio system service agreement renewal with motorola solutions ink Item 18 is aquatic aquatic facilities master plan professional services contract with ratio architects ink Item 21 is contract for community partnerships ink to provide workforce innovation and opportunity act youth framework services from july 1 2016 to june 30 2017 Item 22 is a contract with achievement of cabinet derm to provide workforce innovation opportunity act youth employment services from july 1 2016 to june 30 2017 I'm 24 as a contract for the provision of pre-employment psychological testing I'm 25 as a contract for the provision of police psychological services and I'll pull that item I am 26 as the ward of contract for debris removal and management services I'm 25 as a contract for the provision of police psychological services and I'll pull that item I am 26 as the ward of contract for debris removal and management services Item 27 is the ward of contract for debris removal monitoring services Item 28 is interlocal agreement with derm county for processing and hauling of recyclable materials I am 29 through 38 items that can be found on the general business agenda as public hearings Item 46 is resolution and supportive action by the city of derm addressing balance among young african-american males we've had that adopted Item 27 is this item can be found on the general business agenda as public hearings item 48 Is important confirmation to the civilian police review board? I should have pulled item 26 46 you might have asked for Mr. Peterson, but you didn't sign up for it Do you say 26 or 46? Okay, that's the one that we've already acted on Yeah, we just did Let's move on we just did item 47 is item that can be found on the general business agenda as public hearings Item 48 is appointment confirmation to the civilian police review board Item 49 is amendment to building services agreement between the city of derm and the carolina theater of derm ink Item 51 is a contract of education data systems inked operate derm's NC works career center and to provide workforce innovation opportunity act adult and dislocated work of services from july 1 2016 to june 30 2017 Item 15 52 is now crowned institute of minority economic development building basement renovations contract award st dash 259 that concludes the Consent agenda items i would Just a minute, please i will entertain a motion for the approval of the consent agenda items with exception of 5 25 and it's 54 54 Ms. Peterson i'm conducting the meetings i heard your request What i've said that that action has already been taken at the appropriate time i'll recognize you but not now I entertain a motion for the approval of the consent agenda items It's been properly moving second madam click. We open the vote We open the vote We close the vote Ms. Peterson No one said you couldn't speak i'm saying the action has been taken seven is zero Okay That concludes the did you say something madam program? That concludes the senator's agenda items 52 Yeah, I have 52 Item 54, which is a supplemental item is physically year 2016 2017 non exempt pay structure adjustments recommendation Mr. Mayor, this is an item that We had to wait until the council had the budget Discussion regarding the implementation of the Three-year implementation of the $15 an hour minimum wage As well as the preparing for the structural adjustments to the pay plan And so it is something that needs council action this evening So that it can be uh, we can begin that implementation july the 1st It's been properly moving second is any discussion on item hearing uncalled the question madam clerk. We open the vote Close the vote It passes seven is zero. Thank you Okay, we'll move back to the agenda items And General business agenda public hearings item 29 conference plan amendment with spoon garret a 15 000 023 Good evening. I'm gray smith with the planning department and before I introduce that item I can affirm that all legal notice requirements have been executed in accordance with state and legal law For all planning department public hearing items and affidavits for such are on file in the planning department So for the weatherspin garret case A 15 000 023 Planned amendment case It's a request to change the future land use designation from office to low density residential on a portion of the 4.5 acre track Located at 4800 garret road The existing recreation open space designation, which is approximately 0.30 acres will not be changed Staff recommends approval based on consideration of adopted plans compatibility impacts and site dimensions as outlined in unified development ordinance section 3.47 criteria Planning commission voted to approve this case by a vote of 11 to 2 on april 12 2016 And staff is available if you have any questions And this is a public hearing staff has made This report I would ask first are the questions by members of the council on this item Is anyone in the audience and wants to speak on this item that's being a public hearing Yes, sir, if you come forward and just state your name and address. This is item 29. I have Dexter Smith. Yes, I am Margaret Cameron John Kent and Dan jewel And let let me let me do this first We have three people that want to speak in support of this item one that wants to speak as an opponent Let me ask is that anyone else that wants to speak on this item either opponent or proponent If not, we will hear the proponents first and Given the amount of time we have here. Let's take 10 minutes 12 minutes Thank you. Thank you, mr. Mayor. I'll go Since i'm representing the applicant. Uh, good evening, mr. Mayor Members of the council. My name is dan jewel with colter jewel thames 111 west main street. We've been asked by the pike family Have them here tonight David pike ronda witherspoon pike and taylor pike To help them with a relocation of their business witherspoon rose culture From wattkins road where it's been long established to the this proposed location Which is the former yates baptist association headquarters on garret road, which is now empty Many of you are probably familiar with witherspoon rose They are providers of a premium rose garden service and rose garden supplies and are a third generation family owned Business that have been based here in durham for 65 years now They and their 30 employees are dedicated to family values and making durham a better and more beautiful Place our requests this evening are for a plan amendment Which is the case before you tonight to a less intensive designation and of course office To residential and a and a down zoning from office to rural residential Witherspoon has been at their current location for nearly 60 years In my over 30 years in durham I've seen their neighborhood change from being completely rural to now being smack dab in the middle of patterson place Surrounded by hotels stores offices Apartments and literally right across the street from the proposed patterson place light rail station They feel it is time to relocate But they do not want to go far and they have found this site Which is literally three quarters of a mile as the crow flies from where they are today So they're in the light right neighborhood By every measure what what we are proposing is a less intensive land use both from a Future land use map standpoint in a zoning standpoint than what would be allowed under the current land use designation That goes to traffic Building height water use demands schools Etc etc Those of you who are familiar with the site know that it is already Partially developed so the new development won't will only be incrementally More than what is out there today rather than starting with a brand new site A few key points We are committed to staying out of the identified new hope creek bottomlands area to the southwest corner of the site That's that's shown on the plan That area does contribute to a contiguous amount of green space At the base of what Probably 30 years ago was a stump and construction dump. Have you been out there? There's a huge mountain probably one of the biggest Topographic reliefs in in Durham that is still maintained on on the top But between the new hope creek bottomland area that we are committed to maintaining And a buffer around the edge of the site we will be able to maintain a a wildlife corridor around the back of this property Also, keep in mind that there are no stormwater management measures in place today And of course the new development will have to install those to meet the Jordan lake requirements Finally, please also consider that by relocating here Eight acres of real estate will be freed up Right next door to the plan Patterson Place light rail station Providing a golden opportunity for a transit supportive development Which of course will require rezoning which of course you will get to review in the future when that comes before you In closing We hope you will agree that the advantage to allowing witherspoon to relocate to this site With the benefits stated above Including less intensive uses and stormwater management and new hope bottomlands protection that does not exist today Is worthy of granting this request and of course, we are happy to answer any questions you might have. Thank you Thank you. You've heard the uh Opponents I have two other persons that have signed to speak on this item and recognize them if they still would like to speak Marguerite Cameron And dexter smith in that order Major members of council will make this very brief Mr. Joel pretty well summed it up. I think could you could you set your name again, please dexter smith? Okay I believe mr. Joel pretty well summed it up, but I would just add a comment or two Basically, as you know, if you've been there you've seen that on gary road This is pretty much the end of a what is almost a commercial strip pretty well on both sides of the road um, and it is in a Area that joins the fredestair dance studio if many of you recognize that as a it's kind of an old landmark many of the uses there have evolved over time of course and the I too along with mr. Joel have assisted the the pike family and The pike witherspoon family if you will In this process and believe that it is a very compatible use. I don't know who doesn't like roses Thank you Recognize Mr. Smith, mr. Smith could you come back? She has a question Hi, are you the dexter smith? Uh, yes, I remember government. I remember kora It's good to see our old days. Good to see you. It's camera I'm margaret cameron and I've worked with dexter Uh at berkshire hathaway And I've known the witherspoon pike family for some time now And have sold several of them a hundred, which is great. I don't think they would do anything To make a problem for the city and they certainly have beautified it And I think the location Is probably one of the best they could have found So we hope that you'll approve that. Thank you very much. You're welcome Let me recognize mr. John kent Mr. Kent president Mr. Kent is speaking in as an opponent. So he has 14 minutes That's correct My name is john kent 394 cub creek road chapel hill I've been involved with the new hope creek corridor advisory committee for 25 years I've also done water quality monitoring in new hope creek at six sites monthly for 25 years What bothers me about this is We have an adopted new hope creek corridor Plan Uh, and we're changing open space unless Since the planning commission meeting The proposal has changed We're changing open space recreation To something else and we're proposing to put Agriculture in the flood plain I question with jordan lake problems being what they are We want more fertilizer And flood conditions Going into that body of water So thank you very much You're welcome Is it anyone else that wants to speak on this item either for against before I close the public hearing? I'll let the record reflect and no one else has to speak either for against I'll record the public and be closed and I was back before the council Recognize councilman shul Thank you, mr. Mayor I wonder if uh, mr. Jewel would like to respond to uh, john kentz concerns Yes, sir on multiple levels dan jewel again culture jewel thames The uh, the the staff uh, and the application has been amended since the planning commission meeting when we went to the planning commission originally it was believed that we had to Change the underlying future land use amendment for the if you've seen the little finger of open space on the plan And uh That is now not the case. So we are not actually requesting to change that open space designation furthermore, um, I appreciate mr. Kent's concern about the stewardship of the New hope creek itself Some of you may know that that my now passed away partner ken culture is was the author of the new hope creek Plan and that plan identified bottom lands which were to remain preserved and as I stated In my testimony, uh, we are preserving those bottom lands. So thank you Further questions recognize councilman shul um, mr. Mayor, I just wanted to Also, uh I had discussed this with mr. Jewel today But do you want to also talk about the characteristics of this Point three acres because I think that's important, uh in terms of thinking about this I I think the concerns that that mr. Kent are raising are very important But I think as many of our planning commissioners pointed out. I think that there's You know important differences between this and some other Similar property that we might see And so if you could talk about that a little bit, uh, thank you mr. Shul again dan jewel yes, um The the the preponderance of this this little green sliver that goes into the property If you go out there and look at it, I actually have a photograph I could pass around if somebody wants to look at it Is largely comprised of a 30 foot wide city sewer outfall easement that the city maintains by mowing maybe once or twice a year Uh, so, you know, it is not a a pristine bottom woodland. Um, it's it's it's a sewer easement and uh, That's uh, that's why we think uh that that our our request is appropriate in this case. Thank you I just one more comment, which is just to point out that John kent who is here tonight was also here two weeks ago Stayed until the end of the meeting 12 30 and then bicycled home uh, and uh, john is a tremendous Asset to our community as an advocate for the new hope creek corridor And for all of our trails and open spaces. So I just wanted to commend to him and thank you for being here Thank you. Let me ask you there for other comments by members of the council Recognize council from davis. Thank you, mr. Mayor I'd like to ask mr. Jewel if he would respond to the fertilizer issue that mr. Hunt brought up and and the possible Streaming of that fertilizer into the uh, that that was a good question an excellent point. Um, the uh, The witherspoons have been in this business as as they said for for 65 years Keep in mind that they are not They're not farming in the conventional measure in that they are Planting plants in the ground and and watering them and fertilizing them They actually get rootstock Put it in pots And then they do very careful selective watering and fertilization of those pots just through the growing season And then they sell them so fertilizer Costs money And they only put out just that small amount directly into the potted plant not onto the ground That they need to ensure the health and the plants and so that when you buy them They're lush and green and ready to have flowers on them Further questions Recognize councilman davis. Yes. Thank you. I didn't know but if mr. Hunt, I mean, yeah, mr. Kent Would like to respond to that or Thank you. Um, I just uh, this is A significant natural heritage area that is it's what's called the 15501 bottom lands that It's the flood plain which is 1300 feet wide that starts at The under the designation 15501 bottom lands it starts at 15501 and goes down to Um old chapel hill road there there are others but this this one is exceptional And it's recognized as such by the north carolina natural heritage program. It's also a an extremely important Feature of our local natural environment It's a link between two huge open space investments that the community has made one way or the other The one Owned by the army corps of engineers are the game lands around jordan lake and the other is owned by duke university the duke forest and this area Since I believe when they built 15501 as you see it out there now Two lanes of it back in 1956 um The and then So you're connecting two towns with with a new right of way um, and since then I40 has come you're connecting two towns and I've got an interstate The development pressure is on on this crucial link and I get exercised every time I see A development that backs up to this flood plain And we're not preserving The bottom land hardwood forest by the way that is Our local special type of wetland bottom land hardwood forest. That's us Other places have marshes, etc. But this this is a special place and if we don't nick it We're doing the right thing. Thank you I reckon I offense councilman davis recognize It's the cop councilman mobby So since we're now talking about the new hope creek bottom lands forest natural inventory area I'll ask the applicant About the relationship of the development and the bottom lands the natural heritage area If you could just tell us you ask staff or you want him. I know I'm applicant. I'm sorry That's all right Sometimes I feel like staff but I'm not thank you Could you repeat the questioning in mr. Moffitt? Yes, the question that mr. Kent raised was the relationship between the new hope creek bottom lands forest natural inventory area And the development and one of the things mr. Kent said was if you don't nick this area We're doing the right thing So can you tell us how this development relates to the Natural heritage area? Yes, sir. So so we have gone to the state resources that identifies where that New hope creek bottom lands area is It is Largely off the site, but there is a a small little corner that is at the extreme South west corner of the site that I believe is represented on the development plan is the building envelope And we have committed not to touch that area You know from a general standpoint I think you could say all of garret road Community is is within the watershed and within the bottom lands But the the area that's been identified specifically is that little corner that we're leaving alone So you you will not be disturbing The natural heritage area at all not that area that way that we've identified. No, sir. Thank you That is other further questions If not entertain the motion on an item, let me say this from now says we and all of us been going through some things Attorney's advice again that we ought to make motions in affirmative So if the intent is to approve this Change the motion should be made in affirmative and you can vote against it if you want to so entertain the motion on item To approve the recommendation changes Is that the motion? Okay, it's been brought from moving second any further discussion hearing and call the question matter click we open the vote You close it It passes seven zero We now move to item 30 zoning map change with the spoon garret road z15 00037 Good evening. I'm grace smith again with the planning department This case witherspoon garret z15 00037 is a request to change the zoning designation of 4.58 acres Located at 4,800 garret road on the west side of garret road midway between us 15 501 and chapel hill road from office institutional to rural residential with a delve excuse me a development plan Construct they are going to construct a northbound turn lane on garret road and dedicate additional right of way for the frontage of the site along garret road Variable width along that right of way and as you just heard they have committed on the development plan to stay out of the bottom land area Staff determines that this request is consistent with the conference of plan based on the action You just took to approve the plan amendment and we're available if you have any additional questions Thank you. Again. This is a public hearing on the zoning map change you've heard the staff report The public hearing is open. We'd ask first other questions by members of the council If not, we recognize Dan jewel as a proponent. Let me ask is anyone else who wants to speak as an opponent of this zoning matter If not, you have three minutes Mr. Mayor dan jewel again, no further testimony just available to answer questions. Thank you Again, is anyone else who wants to speak on this item? Let the record reflect and no one else in the public wanted to speak I'll close the public hearing as a matter of fact before the council recognize councilman moffett Yes, I just wanted to comment that I share mr. Kinn's concern for environmental issues around new hope creek and deed all of our waterways Given the planning commission's recommendations and the commitments to stay out of the natural heritage area and the condition of the site as it is today I do support this application would be happy to Make that motion at the appropriate time Proper time is now unless someone else has a comment. I'll move that we had Approved the application It's been properly moved in second Hearing no questions. Madam clerk. We open the vote Close to It passes seven to zero It's been properly moved in second. Madam clerk. We open the vote I'll close the vote It passes seven to zero. Thank you. We moved item 31 Unified development ordinance text amendment technical updates graphics tc 150 00002 Thank you very much michael stock with the planning department text amendment tc 15 0002 Primary provides new graphics or revisions to existing graphics or current standards within unified development ordinance Minor technical text amendments are also proposed associated with the proposed graphics The following amendments are proposed within the attached ordinance And deal with detailed within your memo New graphics for infill standards in section 6.8 New graphics for yard definitions in section 16.3 new graphic for fences and walls in section 9.9 new graphics for bicycle parking standards and paragraph 1044 And again amendments for To text for technical corrections or clarifications related to those graphics the jcc PC did review the proposed text amendment at its february 3rd meeting and provided no additional comments the bike ped advisory committee has also reviewed the proposed Graphics and provided staff with comments which have been incorporated within the attached draft ordinance the planning commission recommended approval 13-0 of the text amendment on april 12th and also included additional clarifying amendments which Which are detailed in the attached memo and have been incorporated into the attached draft ordinance As a reminder city council will be required to take two actions. The first action will be to vote on the ordinance Amending the udo found in attachment a and the second action will be the appropriate statement of consistency attachment b In your agenda packet. I'll be happy to answer any questions Thank you. You've heard the staff report. It's a public hearing public hearing is open before this questions by members of the staff Any questions recognize councilman shul? Mr. Mayor, I don't have a question, but I just wanted to thank mr. Stock for This item and the next item And the incredible Detailed work that it takes to do this And I know you're often called upon to do these things And you do them extremely well. They're very important and I just wanted to express my appreciation. Thank you. I appreciate that Thank you. Other other comments by the staff This is a public hearing. Does anyone want to speak on this item either four against? Let the record reflect and no one in the public has to speak on this item I would declare the public hearing to be closed matter of fact for council It's been properly moved the second to adopt Yeah, okay, thank you It's been properly moved the second. Uh, madam clerk, we open the vote We close the vote It passes seven it's zero It's been properly moved the second madam clerk. We open the vote Close the vote It passes seven it's zero Thank you moved item 32 unified development ordinance text amendment technical updates due to state legislation and case law tc 1500007 Thank you again, michael stock with the planning department text amendment tc 15007 amends unified development ordinance response to statutory changes involving planning and environmental regulation passed by north carolina general assembly And signed into law by the governor during this past legislative session In addition, north carolina supreme court has recently held that use is not listed within the zoning ordinance Or in durham's case a unified development ordinance Uh cannot be prohibited because they are not listed within the ordinance in consultation with the attorney's office The attached ordinance attach attachment a proposes changes based upon the following legislation And that judicial decision with a discussion of each found within the attached memo session law 2015-1 to session law 2015-241 session law 2015-86 session law 2015-149 session law 2015-160 session law 2015-246 and the bird v franklin county case which dealt with the use regulations Those have all been detailed within your memo The jcc pc did review the proposed text amendment as february 3rd meeting And provided no additional comments the planning commission recommended approval 13 to 0 at its april 12th meeting And again, there are two actions to be taken The first on the ordinance itself and that's attachment a and then the second action For the appropriate statement of consistency attachment b in your packet and again, i'll be happy to answer any questions Thank you again. This is the public hearing. You've heard a staff report. I asked on members of the council. Do you have questions? Hearing none, I would ask if anyone in the audience wants to speak on the side and we look for against the comments Uh, let the record reflect and no one in the audience has to speak on this item I declare the public can be closed matters before council. Mr. Mayor. I'll move that we adopt The attached ordinance amending the unified development ordinance It's been properly moving second Hearing no questions. Madam clerk, will you open the vote? Close the vote Get past the seven is he It's been properly moved in second. Madam clerk, will you open the vote? Close the vote Get past the seven is he thank you moved item 33 unified development ordinance text amendment reasonable accommodation tc 1500006 Thank you again, michael stock with the planning department Tc 1500006 is a text amendment that proposes revisions to unified development ordinance to allow reasonable accommodations to the audio requirements These developed these regulations have been developed Developed regulations and a procedure to seek reasonable accommodations. Just as background The federal fowsing federal fair housing amendment act or fha of 1998 in american with disabilities act prohibit discrimination against individuals with disabilities and housing And require local governments to be flexible in the application of land use zoning building regulations when accommodations may be necessary to afford Disabled persons an equal opportunity to housing to better comply with the fha and ad a requirement staff has has proposed revisions to Establish a formal procedure for persons with disabilities to seek reasonable accommodations To udo requirements and establish criteria to be used when considering such requests Staff upon review of similar ordinances of other jurisdictions propose To establish reasonable accommodation process that would require quasi judicial hearing and approval by the board of adjustment The proposal also includes revisions to udo definition of family with regard to reasonable accommodation and the requirements of the fha The joint city county planning committee jccpc Did review this proposed text amendment on february 3rd and provided no additional comments They did recommend Sending it on to the human relations commission and the mayor's committee for persons with disabilities no comments The comments that were received from these two entities were incorporated into these regulations The planning commission recommended approval 12 to 1 of the text amendment after april 12th meeting And the recommendation also included some additional clarifying amendments I'll be happy to answer any questions. Thank you. Again, this is the public hearing you've heard of staff Report would ask other questions by members of the council Other questions by members of the audience recognize miss peterson if you go to the podium you have two minutes miss peterson Over the last i missus peterson. I'm one of the political activists here in Durham over the last several years. I have I've been having some serious issues with my vision I've come to the city council several times as as well as uh, I think another young lady also She's not here. So i'm not going to mention her name Even to this day, we have asked for equipment The kind of equipment that the city council is using right now To be able to see We've asked for some other additional information to this day We have not received that And I don't know what's going on. I don't understand why the city says Says one thing to the public what I feel Given the public the perception that they really are working With everyone Which I think some of us who who do have disabilities That is not happening Even the resolution that uh, that uh, that miss mcfadden read It is so small there in the book It's very hard and very hard and very difficult to even read The city really need there are some programs out that the city can bring on board to help persons Who have visual problems as well as hearing problems and even some persons who have difficulties in reading persons Who are dyslexic or or persons who are um, I think a da who may have some slow reading There are some programs and some applications that you can bring here in this facility To use for the public when we come in so I hear what you're saying, but I think some of us have some real serious problems Mr. Bonfield, I know you know I've spoken to you on several occasions and you have spoken to me But still there is no computer There is nothing down there on that floor That the disability person can come in and go over and look at the materials Even this viewing up here You should also have something down there on the floor that we can see I actually have to come all the way over here to look at it Where the city council members has something right there at your desk, right mr. Davis Okay, so if that if you can put it up there, why can't you put it down here? For the public for we who do have various disabilities and thank you very much mr. Mayor So you don't see You see that information right on there Okay, okay, so that is not on there Well, that should be on there also if they could if they can put it up there They can also put it on here too Somebody you really need and I just want to say this mr. Mayor and I'll say that you really need to hire a person Who has knowledge of the various equipment? Out here to work with persons who have various disabilities Somebody needs to come on staff that is sort of certified really in that area And thank you very much. Thank you miss fees. I'm going to recognize the city manager Oh, thank you, mr. Mayor and miss peterson members of the council Assuming that the budget is adopted later this evening One of the initiatives in the budget is to Modify our technology to allow live streaming of the city council meeting on mobile devices staff has already been working on Being prepared once that is up and running to have devices that would be available for the visually impaired To be able to utilize that both city council meetings and work sessions Okay, let me ask if there are other questions comments and the comments on this If not let the record reflect and no one else asked to speak taking considerations peterson's comments That's part of the public record. I declared a public hand to be closed and that's back before the council Mr. Mr. Mayor once again, I'll move that we adopt the attached Ordinance amending the unified development ordinance It's been properly moving second Further questions hearing none. Madam clerk. We open the vote Close the vote It passes seven zero It's been properly moved in second madam clerk. We open the vote You close the vote It passes seven zero Thank you. We moved item 34 consolidated annexation estates at fendall farm bdg 15 0008 z 15 0003 3a. Thank you Thank you. Jacob wagons with the planning apartments This case is a request for a utility extension agreement voluntary annexation and initial zoning Applications for two contiguous park parcels located along dock nickels road These two parcels comprise 116 acres The site is presently zoned residential rural and is located in the falls jordan b watershed protection overlay district This contiguous annexation represents an extension of the existing city limit The subject site is presently vacant and if the request is approved the applicant intends to construct a 200 unit residential development at the subject site The site plan for this project is included in your packet as attachment eight and is currently under review The applicant has requested an exact translation of the rr fjb zoning district, which is the least intense zoning district Based on the development here in the size of these lots public works and water management Performed a utility impact analysis for the utility extension agreement and have determined that there is existing service to serve the subject site And budget management services performed a fiscal analysis Which indicated that the proposal will most likely be revenue positive immediately upon annexation And staff recommends that the council approve the utility extension agreement voluntary annexation and initial zoning You've heard the staff report The public hearing matters open for comments first from the members of the council questions If not, we have one person that has signed to speak on this item Gerard Hayden's Is anyone else who wants to speak either for against this? proposed change If not, you have three minutes Good evening. Jared Edens with Edens landcorp. I'll be very brief We do have a site planning review as council may recall It was about a year ago that the lick creek regional pump station funding for that was approved And a sewer basin fee was put in place for this entire sewer basin For that reason, I think it's just these types of projects knowing that what development is on the way The way should be looking at annex because that's how we recoup some of those sewer fees to the city The fee is about $4,300 per unit. So on a 200 unit project, you're looking at about $860,000 reimbursement That goes to the city when the construction drawings for this site are approved That's in my calculation is about 5% of the total cost of the lick creek station that's currently under design So I think this is a good thing for the city and I'd be glad to answer any questions you have. Thank you Other questions by members of the council the developer If not, is anyone else who wants to speak on this item? The director of reflect and no one else asked to speak. I'll attract the public and be closed matters back before the council Recognize council shul Do all this and in a single motion. Is that correct? planning staffers I will move the utility extension agreement the planet the annexation ordinance and the initial zoning ordinance It's been properly moved in second hearing no questions Call the question. Madam clerk. We open the vote Close vote It passed the 7th zero. Thank you. Move item 35 Consistency statement Improper movement second madam clerk. We open the vote close the vote It passed the 7th zero Item 35 consolidated annexation tw alexander knock around the 55 bdg 15 000 15 a 15 000 13 z 15 000 32 Thank you. Jacob wiggins again with the planning department. This quest is for tw Multi-family it's a request for utility extension agreement voluntary annexation comprehensive plan amendment And zoning map change for the tw alexander at nc 55 project The subject side is comprised of three parcels located at the northeast quadrant of tw alexander at nc 55 The applicant requests to change the existing county zoning designation of commercial neighborhood and residential role To residential suburban multi-family with a development plan Additionally the applicant requests to change the medium density residential and industrial future land use map designations to medium high density residential The development plan associated with this request commits to the following 192 to 300 multi-family dwelling units three vehicular access points roadway improvements tree preservation A buffer along the northern boundary as well as stream buffers Text commitments include a commitment for multi-family housing type dedication of right-of-way site access improvements and four additional feed of asphalt for a bicycle lane public works and water management performed the utility impact analysis and Have determined that the existing city of Durham water main has the capacity for the developments Offsites water main extensions will be required and the site will be served by the Durham county services system a budget management services Performed the fiscal impact analysis which determined that the proposed annexation will be revenue positive immediately upon annexation Staff recommends that should the comprehensive plan amendment be approved This request would be consistent with the comprehensive plan and other adopted policies and ordinances and the planning commission recommended approval by a vote of 11 to 2 on this item on April 12th 2016 Again, this is the public hearing and you've heard the staff report or the questions comments I have one person to sign up to speak on this item opponent Jared Edens. Is anyone else who wants to speak on this item? Do not you have three minutes? Thank you, mr. Mayor Jared Edens with Edens Land Corp. I'm here representing my client hopper communities Appreciate Jacob summary of our request. I'm just going to highlight a few brief points and be on my way Um, just to point out a few items. We are asking for rezoning for 192 to 300 units That could be a combination of townhomes and or apartments We did perform a traffic study as part of the request the traffic study was approved by both ncdot and the city of Durham Both highway 55 ntd of alexander as you see in the staff report have ample capacity for additional development at this location We're actually reducing the number of trips per the staff report from the current zoning on the property with the rezoning We did have a neighborhood meeting last year in july. Uh, we had two people in attendance We have no opposition that i'm aware of As jake mentioned planning commission gave us approval a couple months ago by vote of 11 to also want to point out um as with many Residential rezonings in Durham. Many of my clients Will offer up a fee to the school system in exchange for the additional students that will result from the rezoning I believe in this case. We have 33 additional students From the rezoning my clients willing to offer up $500 per student Which I believe is $16,500 That check would be cut to Durham county schools prior to the first final plat for the development Again, I'll be glad to answer any questions you have. Thank you Welcome other questions by the developer recognized councilman shul and the mayor pro tem Thank you, mr. Mayor. Uh the um Thank you for the proffer Concerning the Durham public school students. I was going to ask about that. I appreciate it the um My concern is uh, and and you and I have discussed this is the sidewalk Along nc 55 and t. W. Alexander. Um, and I have I I know that I think that my understanding of What our rules are is somewhat different than yours in terms of the payment and loo opportunities And so My concern is that I think we ought to what I would like you all to do is to proffer to build a sidewalk because It's Needed out there very much And Our the way our site plan where ordinance reads now I'm having to do with some legislative changes You can no longer Just have part of the Sidewalk be built and then part paid in lieu at least that's my understanding from the planning staff and we should probably check in with them So I know that that was something that you had been thinking about if there was a difficult part to Do the payment in lieu as we discussed today But I really uh would Be interested to see if you were interested in proffering the construction of that sidewalk rather than the payment in lieu And uh, also might like to hear perhaps first from the planning staff on the status of Of what the actual rule is on that Yes, sir. Jacob Williams of planning department. So it is possible to build a portion of the sidewalk and pay a Payment in lieu of for the remaining portion of the sidewalk. It is yes, sir. Okay, so I got a different opinion Uh Today You want to talk to me about it mr. Medland? Good evening. Steve medland with the Durham city county planning department the udo basically prescribes That a developer has the right to either do payment in lieu or build the sidewalk He even goes so far as to say i'm sorry from high point That uh You cannot mix and match you have to pick one and and do that per each frontage type or frontage So In this case there are two frontages they could pick to do Payment in lieu for one and build sidewalk for the other but for that whole frontage. It has to be one or the other so I think that's different than at least the understanding you expressed to me today And given that I was uh hopeful that you would be willing to proffer the construction of the sidewalk rather than the payment in lieu Yes, sir. Thank you And my only concern was is there's about 2,500 feet of road frontage And at site plan we're going to be required to show Site plan a sidewalk along the frontage And be required to build it and I've been working in Durham 18 years now Maybe I've had one case where a payment in lieu was actually approved by the engineering department because we have to show That we actually can't construct the portion of sidewalk we're looking for so the only reason I was hesitant before was I didn't want to be able to build 2490 feet of sidewalk Have 10 feet that I couldn't build and because of this zoning condition have to go back and rezone the site again over that over those 10 feet That being said if that's Proffer is needed to move this item forward Then we can make that proffer tonight and just hope that we have no issues during construction Does that mean you are proffering that? Yes, sir. Okay. Thank you recognize Mr. Edens How many units are you building? So we're zoning for a range of between 192 to 300 units So 192 units would be more of a townhome project at about eight units an acre I hope that the range goes up to 300 units, which would be apartments at about 12 units an acre Are any of them affordable? Of course, we can have had no discussions with my clients about affordable housing at this site, no Really? That's okay Thank you Are there other questions of the developer? The staff has a comment Um, could we please just give mr. Edens to confirm on the record that he bought Terry proffered the 500 dollar payment for per student Yes, thank you any other comments questions about Counselors anyone in the audience wants to speak on this item I Direct reflect and no one in the audience has to speak on this item I declare the public hearing be closed as a matter of fact for counsel Mr. Mayor, I will move the I believe I need to move the annexation the Land use map designation and the rezoning and I do so I'm probably moving second Is the utility extension a part of that and the utilities extension Okay, ma'am clerk, will you open the vote and close the vote? It passes seven is zero Consistency statement It's been propped and moved in second ma'am clerk. We open the vote Close the vote It passes seven is zero Moved item 36 consolidated annexation crescent drive slash frantic and road bdg 1500 16 z 16 000 10 a Thank you. Jacob again wiggins again with the planning department. This is a request to annex a portion of crescent drive This is a 2.36 acre portion of crescent drive It's contiguous to the existing city limits It is adjacent to the recently approved fairington mixed use rezoning case If approved The applicant for that rezoning case is indicated that they intend to develop this portion of crescent drive to public street standards The applicant has requested an initial zoning designation of residential suburban 20 major transportation corridor overlay and falls jordan b Which is consistent with applicable policies An extension agreement was not required as no utilities will be installed as part of this project Additionally budget management services did not perform a fiscal impact analysis as the request only involves right of way Staff recommends that the council approve the voluntary annexation and initial zoning for this item And it's the public hearing you've heard the staff report and I ask other questions by members of the council If not, is there anyone in the audience who wants to speak on this item? I really didn't see anyone to sign up to speak on this item 36 Uh, let the record reflect that no one asked to speak on this item I'll declare the public hearing to be closed matters back before the council It's been property movement second For discussion hearing on call or question. Madam clerk. We open the vote close the vote It passes seven zero It's been property movement second. Madam clerk. We open the vote close the vote It passes seven zero Thank you moved item 37 consolidate annexation herring road bdg 15 000 17 z 16 000 11 a Thank you. Jacob wiggins with the planning department This is a request for utility extension agreements voluntary annexation and initial zoning for three contiguous parcels located at the northwest quadrant of herring road at masses chapel road These parcels comprise 2.633 acres including the adjacent right of way This annexation represents an extension of the existing city limits The subject site is presently vacant and if this request is approved The applicant attends to construct four single family homes at the subject site Um, the applicant has requested An exact translation of the residential suburban 10 falls jordan b zoning designation for these parcels budget management services performed the fiscal impact analysis which indicates that the request is likely to be revenue positive immediately upon completion and public works and water water management perform the utility impact analysis And utility extension agreement and determine that the city of Durham Water and sanitary sewer lines have capacity to serve the existing or excuse me the proposed development Staff recommends that the council approve the utility extension agreement voluntary annexation and initial zoning request This is the public hearing. Uh, you've heard a staff report of it Questions remember the council Have one person to sign up to speak on the site and Gerard Eaton, this is anyone else that wants to speak Thank you. You have three minutes Even Jared Eaton's Eaton's Land Corp. Um, I believe this is fairly straightforward. I'm just here to answer any questions that may come up Thank you Does your um Developing over the soil via traffic circle Down in that area Yes, sir, we've gotten the plans from ncdot and have shared that with my client. Thank you And a further question is by council anyone in the audience wants to speak on this item Uh, let the earth reflect and no one else has to speak out of credit public Henry closed matters about port council Entertain the motion on item. You've also got the utility extension agreement We have an extension agreement and An extension Second only Who's second? Okay, it's been properly moving the second. Madam clerk. We open the vote Close the vote Passes evidence. He wrote It's been properly moved the second madam clerk. We open the vote We close the vote It passes seven is he moved item 38 ordinance to change city county planning department fees Good evening. Mr. Mayor members of council pat young with planning department As required by law, this is a public hearing associated with proposed change to the planning department fees for f y 17 Uh, technically it's a change to chapter six of the fee schedule for the city We have conducted as required by law Advertising public notice and we also conduct a supplemental outreach to stakeholders and receive positive feedback as these fee changes are directly aligned with Improved proposed improvements to service and and establishment of the development services center I'll be happy to take any questions you have on this item. Thank you Again, it's a public hearing you've heard a staff report or the questions by the council staff report It's a public hearing on Order sewer fees Are there anyone in the audience who wants to speak on this item? I'll let director flecht and no one in the audience has to speak How the credit public hearing to be closed mass back for council entertaining emotional nine? I said water sewer fees. I didn't mean to say that it's been It's been probably moved the second madam clerk. We open the vote Close it off That's the seven is he wrote Move to item 47 street closing Wilkerson avenue street closed in 16 00004 Good evening. Kyle say with the planning department. This request is to permanently close 414.35 linear feet of wilkerson avenue The right of way is currently open and the portion of the street requested to close is bordered by property under single ownership by wexford chester field parking llc If this request is approved there The adjacent parcels and right of way will be combined into single into a single partner Parcel as shown in attachment four and a parking deck will be constructed at the subject site A site plan is indicated is attached for your uh in your staff report staff term is That Staff has no issue with this proposal and recommends the closure of this right of way. Thank you very much Again, it's a public hearing for the staff report on the street closing would ask other questions by members of the council Anyone in the audience who wants to speak on this item inside and been a public hearing Again, let the record reflect and no one in the audience has to speak on this item I declare public hearing to be closed the matter of fact for the council to entertain a motion on the item Mr. Mayor, I'll move to adopt the order It's been property move the second Questions here and none. Madam clerk. We open the vote You close the vote It passes seven is zero Thank you Okay, we're here for Item Fifty three supplemental zoning map change cornwallis road property Z15 00031 and before we get into this I'm going to ask the City attorney if he will make some comments relative to this item Maintaining the procedural issues and recognize the city attorney. Mr. Mayor members of council At about around 3 34 o'clock today I sent you all an email with a memo regarding the procedural issues Related to this item If you have specific questions, I tried to make it as straightforward as I could so even I could understand it And I think after a while I was able to understand it But what you have in front of you right now is is both a A the the zoning map change the rezoning request and a motion If it is so made a motion To renew a previous motion And I've given you some information about the the The propriety of having that motion and some of the concerns that have been raised Tried to identify for you the The issues in your procedures that that may make that motion to renew Inappropriate at this time depending on how you look at it Regardless you will need to have the the zoning map change Since it's in front of you it has to be disposed One way or the other and then there's an issue that that either myself or planning staff can speak to you about regarding A zoning map changes inconsistent with the comprehensive plan And that depends on how you you interpret The suggestions that I provided in this memo happy to answer any questions as you go forward Otherwise, I I think the the zoning map Item can can continue Well for the purpose of not only the council but for the audience particularly those persons who are Potentially impacted by this This is a zoning Hearing but you've also spoke about a change and Can you speak to them in terms of what we can and can't do how it affects the zoning piece? Sure, and I may have my dates Incorrect here, but back in april You the item there were two items that appeared related to the cornwallis road property to one was the comprehensive plan amendment That was in front of you and also the zoning map change the way that this is set up The zoning map change can't occur without the the comprehensive plan Um amended because of the udo provision that provides that Any rezoning must be consistent with the comprehensive plan? That's why the comprehensive plan was Before the zoning map change because the plan's not not amended than the the zoning wouldn't be Compatible with the the comprehensive plan in april you You voted down and that's where it gets a little little funky But you you essentially Voted to not approve the comprehensive plan amendment In which case although it doesn't necessarily Moot the zoning map change based on your udo The recommendation from the the administration and the legal department would be to deny the zoning map change because it wouldn't be consistent with the comprehensive Plan the issue that we have in front of you is that there is a a portion of your Your council rules of procedures that allow you to make a motion to renew and that would be a motion That is held at a separate meeting from to essentially I don't want to use the word reconsider So I have to come up with another word because that's a whole different legal legal issue But basically you could revive a motion that you previously decided on And it would be a two-step motion similar to your your your motion to spend Suspend the rules where you'd make a motion to renew And if that got a second and was voted Affirmatively then the motion that you had voted on in a previous meeting would be back in front of you just the motion Not the public hearing But the issue here and I've raised this in the in the memo is that the way and and I'll take some responsibility in eight years I've consistently told you to not make motions in the negative but to make in the affirmative As I recall at the end of that particular Hearing there was some some challenge in terms of making sure that everybody understood what motions were being made Any motion was made in the negative the motion was made to deny the The the comprehensive plan amendment and that motion actually passed where it becomes a challenge for for you procedurally Is that a motion to renew Specifically requires a motion to have been defeated So the question then becomes was any motion actually defeated the motion that was In front of you and the administration presents all motions in the affirmative Had you voted that motion down then that would have been the motion that was defeated but Instead the motion that was made was a motion to deny Which was actually passed It's hyper technical, but it's probably the reason why It's been our consistent recommendation that you don't make motions in the negative And the one it's also the reason we have lawyers. Yeah And and the one time I I allowed you to do it it uh It has created a a bit of an issue for you Okay, so where where we are The fact is that the comprehensive plan amendment was not adopted for this particular item Uh, and if we've been consistent with the udl It means that if you're going to approve a zoning it has to be in conjunction with the comprehensive plan amendment So what it means is that we can go through the zoning hearing which is on the agenda Unless someone does something different we can go through the zoning hearing But the result of it is that we will still have to deny the rezoning because the heart plan has not been changed Now if someone wants to make a motion as Attorneys has indicated to deal with the comprehensive plan. That's a different issue So right now I need to understand Where the council is if there are any motions coming forth On the comprehensive plan amendment. I need to hear them. If not, then we're going to move forward with the zoning hearing So I don't hear any so therefore we're going to move forward with the zoning hearing, but I I I'm telling you it's almost foreblown what what the results are going to be. It is we can't approve the zoning hearing on our udl Can the staff come forward? Good evening. Gray smith of the planning department again. I'm here to introduce the cornwallis road residential two case Z 15 000 31 This case is to rezone 40.95 acres located at 2417 west cornwallis roads south side of west cornwallis road between welcome drive and us 15 5001 from residential suburban 20 to commercial general to plan and to planned development residential 3.672 to allow for 122 single family residential units This hearing was continued on april fourth and again on june 6 to the this hearing tonight The development plan commits to the following 122 single family residential units to vehicular access points a maximum of 70 and pervious surface 20 tree preservation and a maximum of 19 single family lots adjacent to the existing excuse me existing colony park neighborhood Text commitments also include a commitment for single family housing types above fur along the western boundary affordable housing dedication of right-of-way and site access improvements In a street right the elimination of a private street street right-of-way along granville court Two greenway easements through the site and a pedestrian access easement from tanglewood drive Staff determines that this request is not consistent with the comprehensive plan as City attorney stated the plan amendment was not approved at your april fourth meeting Staff is available if you have any questions Okay, this is a public hearing the public hearing is open and rezoning I would ask first are the questions by members of the council of the staff report If not, we have five persons that have signed up to speak uh two as three as proponents and two as opponents Uh, I'm going to call the names and make sure that everyone who wants to speak Knows they have a right to speak on this. I have jared edens as a proponent patrick biker as a proponent And lau overcash as a proponent. Are there any other proponents of this proposed rezoning matter? I have two persons that have signed up to speak as opponents jim connor and kathy Barotan as anyone else who wants to speak in opposition to this proposed rezoning matter That being the case, uh, we're going to allow 15 minutes for the proponents and 15 minutes for the opponents Recognize which one do you want me patrick? Who's who's going to speak first? I recognize patrick biker Good evening mayor bell mayor pro tem coal mcfadden members of the city council. My name is patrick biker I live at two six one four steward drive An attorney in durham with mornings to our law group a lot of my colleague nil gauche I'm here tonight representing pulty homes for this zoning map change With us tonight are our traffic engineer lau overcash with vhb our site engineer jared edens with edens landcorp bob anderson and randy king from pulty and our real estate advisor jim steward from steward mccoy At the outset we wish to highlight that we are only asking for 3.672 units per acre in the case before you tonight Would represent a good transition from the two units per acre in colony park To the over five units per acre with the townhouses that are directly adjacent to the south Moreover in order to provide a smoother transition We have committed to providing a maximum of 19 lots on the western edge of the property Due to existing floodplain this commitment will result in 19 new homes backing up to nine existing homes Or put another way there will be 2.11 new homes for every existing home It is also important to note that we have designated this property to be developed only with single family detached homes In keeping with current market trends and sound planning principles These homes will be on relatively small lots. This is simply good stewardship of the land At one point in time after world war two durham could develop houses with half acre or larger lots in part to accommodate septic tanks Now in 2016 that is unwise Durham is a small county with fewer than 300 square miles and most of the developable land is developed Durham has to be a good steward of its limited land in the proposal before you this evening does just that In addition it is vital for the city of Durham to consider the needs of new residents who are moving here As you can see from this slide from 2010 to 2014 our city added more than 23,000 new people That works out to approximately 5,900 more people Each year with about one third being children born here and about two thirds being people who moved here Doing the math we find that approximately 75 people per week are moving into the city of Durham That's at least 10 new people every day It has been my privilege to appear before the city council on many occasions to discuss development And on the residential side my recollection is that it has been primarily for apartments that are for rent My strong belief is that not all 10 people who will move here tomorrow will want to be an in an apartment Some will want to be in a single family detached home This proposal tonight meets the demands of people who are moving here so they can live and work in Durham Rather than work in Durham and live somewhere else, which is all too common Moreover this location is very conveniently located to major employment It is a very short commute from this site to Duke University Medical Center our region's largest employer It is also a very short commute from this location to south square and employment centers such as blue cross blue shield As I believe I have mentioned before to the city council According to forbes.com the triangle region has the unfortunate distinction Of generating more vehicle miles traveled per household than any other metro region in our country In the triangle quote the average household racks up 21,800 miles per year unquote now that is not sustainable We need to do more to encourage shorter commutes and this type of infill contiguous residential development is the way to do that Additionally, the proposal before you tonight will allow for a more complete greenway system Without the blue portion of the trail shown on this slide, which is a committed element of this proposal A connection from the existing green portion to the trails at Duke University is nearly impossible We also want to state on the record that this development plan will not provide vehicular access from this site across the flood Plane to Tanglewood Drive, which is only a paper street Next in regard to traffic It is not often that I present to council a development that is expected to decrease traffic as is the case here Though no traffic study was required of this project Polti had vhb perform one as they wanted to verify the safety Of their proposed design as shown in the staff report The current traffic volume on cornwallis road is only 4,800 cars per day Which is about one third of its capacity In connection with this project polti will install turn lane and bike lane improvements on cornwallis Which should improve traffic safety at this location Again, I would point out that the proposed zoning would actually decrease traffic From what would be expected under the current zoning Now I want to touch on the buffer along colony park These are four lots on try on road each about 120 feet wide As you can see these houses are set back about 80 feet from the rear property line We are proffering a 50 foot wide buffer and this new buffer and this is the new buffer area That buffer will have 0.6 opacity which consists of seven evergreen trees 16 evergreen understory trees And 68 shrubs every 100 feet That equates to one evergreen tree about every 14 feet One evergreen understory tree every six feet and one shrub about every 18 inches All of this landscaping must be installed Before polti can start vertical construction on any of the 19 houses adjacent to this 50 foot buffer In addition, we have committed to providing a 20 foot wide planted streetscape buffer along cornwallis This buffer will have 40 opacity which equates to three canopy trees one evergreen tree Seven understory trees and 40 shrubs every 100 feet This will enhance the aesthetic quality of cornwallis road for drivers and bicyclists In summary then as shown on this slide, there are many benefits that accrue to the city of durham from this proposed development plan I'd like to mention just one last point This proposal before the city council tonight is To my knowledge the first development to include affordable home ownership As is stated in the staff report five new homes will be sold to persons Who are at 60 of our area median income It is my belief we need to support home ownership because we lag slightly behind the other top cities in north carolina Durham is just under 50 in regard to home ownership and I would like to see us do better From the presentations the council received on affordable housing on march 10 and june 2nd It is clear that we have work to do this proposal before the council tonight will achieve 10 of the draft home ownership goal Stated in the march 10 presentation And we'll do so at 60 a.m. I rather than the stated 80 percent In my opinion only with a national builder like polty that can self finance is this committed element in support of home ownership feasible My perception is that affordable housing was one of the top issues in the recent city council election And here's the opportunity to turn vision into reality And so for all these reasons we respectfully ask for the council's approval of this zoning map change If the council is willing to support this zoning map change We respectfully request your approval of the comprehensive plan amendment to designate this assemblage For zero to four units per acre, which is low density residential We wish to reserve the balance of our time for rebuttal and then our team will be happy to answer any questions. Thank you I'm let me ask first are there questions by The developer at this time my members of the council In that case, we have moved to the opponents Jim Conner and Kathy Barrett and you have 15 minutes Thank you, mr. Mayor. I'm Jim Conner resident at 1804 Round Rock Boulevard in Durham a member of the law firm Calhoun Bell and C crest Mr. Mayor This mayor pro tem members of the council here representing colony park neighborhood I'd ask the folks who are here from colony park to stand up, please Members of the council, you know, excuse me members of the council, you know How many times they've been here? On this matter and we appreciate your attention as many times as you've had to give to it But these folks are serious about this these folks have put in hundreds of hours of volunteer labor Researching this bringing scientists to you. You're going to hear from Kathy barrett and after I finish Bringing kurt richardson to you an internationally known wetland scientist who doesn't live in the neighborhood Who was not paid was simply asked to give his opinion his honest opinion and he gave it to you You heard it and you may have read had an opportunity or not to read the letter. He sent you this afternoon It went into more detail these folks who are Scientists who are experts who are not residents of the community who are unpaid Are here to tell you that a bad mistake would be made if poltis rezoning was granted And they're here to tell you that out of their out of their scientific expertise I want to set a little context here Pulti and you know this i'm not telling you anything you don't know but i think it's good to Get our heads in the right space if you will pardon that colloquial expression Pulti's asking you for a special favor This property is already zoned It's been zoned. That's the law This property can be developed under its current zoning. It's zoned for productive uses It's zoned for part of its commercial everybody big highway and the rest of its zoned Two residents per acre just like colony park is so that exists There's no need for you to do something that will allow this land to be productive They're asking for a rezoning Despite the eloquence of their representative patrick always does a great job But despite the eloquence of the representative polti corporation Is here asking for this for one reason that's so they can make more money. That's okay Their corporation they're allowed to make money. That's what it's about though from that side make no mistake about that I've read their their annual reports. I've read what it says I look for the things you look for from good companies good corporate citizens where they talk about their environmental protection projects are Giving back to the community polti group incorporated doesn't even bother to say that they talk about how they're leveraging their assets How they're increasing their profits and so forth That's the company we're talking about that's who wants to do this Please don't let your familiarity with or your regard for their representative Make you think otherwise Now I want to get into some of these technical details. I'm sorry to do it, but there there they are There we go So this is what what we've been talking about From the udo. This is an ordinance. This is not advisory. This is the law It says all petitions for zoning map change shall be consistent with the comprehensive plan A petition for zoning map change shall not be approved by the governing body when there is a conflict with the comprehensive plan as determined by the planning director designee, so Governing body shall not approve. It's not an optional thing That has been determined by you at your April 4th meeting where you'd voted down. Excuse me You voted in favor of the motion to turn down this the comprehensive plan amendment So That we believe settles the issue I'm here to talk to you about all the other things because mr. Becker did and you may want to hear them, but That I think settles the issue I want to talk very briefly about I don't have a slide on it But I want to talk very briefly about this renewal of the motion from April 4th As you know if you read mr. Baker's memo and I have it here in my hand A motion that that is defeated may be renewed at any later date Excuse me any later meeting There was no motion defeated as mr. Baker has referred to so I do not believe that it is proper For this council to renew the motion at this point because this Does not apply And yes that is hyper technical, but the effort to bring it forward as a renewal is hyper technical That's you've already made your vote you voted six to one against it and to bring it back up as a technical thing Technically you can't do it because it was defeated Excuse me because nothing was defeated because it was passed all right Moving along So There is the Let's say Spinning it forwards. Let's say that someone on council does make an effort A motion to renew someone seconds it you vote in favor of renewing it and then you pass the plan amendment Does that mean you can then pass the rezoning and I want to say to you that still means you cannot pass the rezoning You still cannot and here's the staff planning report You've all got it in your package that part that was circled at the bottom on the front page says This request is not consistent with the connectivity standards of udo section 12.3.1 f3 Nor comprehensive plan policy 8.1.6 f and the future land use map Now if you approve the comprehensive plan change, you'll be fixing one of those three things the last one The future land use map you will not be fixing comprehensive plan policy 816 f What is that? That is external connectivity I've got a copy of picture picture of that on your screens The determination again back to the staff planning report was that the Requested zoning district is not consistent with the future land use map Nor policy 8.6.1 f external connectivity of the comprehensive plan And it goes on to give you more detail So there's yet another reason That under your laws That require it to be consistent with the comprehensive plan before you can pass a rezoning that you cannot do it Now I hate talking about technicality because nobody likes them What I want to talk to you about now in a few minutes. I've got left is The reasons that even if these technicalities even if the law didn't exist And I don't like calling it a technicality because it's the law the law says If you vote down the comprehensive plan amendment, you cannot pass a rezoning. That's not a technicality. That's a law But moving on to the substance What our folks have always talked about And I know you've been told by the folks that are that are Trying to persuade you for for pulty that colony park has been Inconsistent that we want we keep moving the ball that we can't be satisfied. That is not true I have gone back. I've only been involved since may okay but I've gone back and looked at notes of these meetings from the past and the and These folks have been remarkably consistent in what they've asked for They've asked for the floodplain force being left alone And you heard about that with witherspoon rose culture. You had some good testimony about how important Bottomland hardwood forest is that's one of the most important wetland types in the southeast of united states This is a beautiful piece of it Pulty proposes to cut down most of it For no good reason We've asked for that to be protected number two We've asked for a reasonable transition from colony parks two units per acre to the denser development In third we've asked for the site not to be mass-created a clear cut and for more civilized methods of lock clearing Grading and storm water control to be used. We had a few other requests But we we put those aside and focus on those three and we've been consistent on those requests Pulty has said no to all of them. They have not granted any of our requests Now they have moved a little bit on the transition as you know And you've heard about repeatedly from their side But what we asked for was eight to ten to match up with the eight that are there eight to ten new houses backing up to eight Existing houses Haven't come close to that. So we've been consistent. We've asked for the same things Kathy baritan is here to talk about the storm water issues I'm going to let her do most of that right now. I'm going to talk about density a little bit Colony parks approximately 1.6 homes per acre lots of 0.6 acres each If we take these 19 houses and a lot sizes that we've been told that we'd have 50 by 110 feet each lots 0.126 acres That is 7.9 homes per acre, which is nearly a 500 increase in density in that immediate strip So ironically even though you're being asked for a 3.67 something Zoning the actual strip that's adjacent to us if you do the math Is a 500 increase Well, poltis may say what we put a buffer in so if you if you include the 50 foot buffer Making those lots 50 by 160 Then you've got an 8 000 square foot lot and that comes out to 5.4 homes per acre, which is a 340 increase in density Finally the change that they've offered from 19 from 23 homes to 19 homes That's was 23 30 foot homes 19 38 foot homes. I'm not going to belabor it But they've actually they're actually putting more linear feet of homes next to colony park then was originally proposed So instead of a decrease, it's actually an increase in what's actually there Stormwater I just want to talk to you briefly miss baritain dr. Baritain is going to talk to you in more details But I want to say a few things very quickly about this And about poltie in particular Trinity ridge is a neighborhood up the hill from colony park Is I think you may remember when it was built it caused flooding in colony park This is the front page of one of their storm stormwater analysis The person who signed off on that was jared edens the same person who'd be signing off on this new development for poltie That doesn't mean mr. Edens did anything illegal or wrong It simply means that having a professional engineer like mr. Edens sign off on these things Does not mean you're not going to have a problem It means that the regulations have been complied with And this baritain is going to talk to you about the difference between complying with regulations And actually not having a stormwater problem Here's what happened in 2011 after trinity park was built After a stormwater plan had been approved signed off by mr. Edens and so forth Flooding like that I also want to just tell you a little bit about poltie. You may not know these things poltie group incorporated as a michigan corporation They've been sued by the usepa for widespread stormwater violations. This is a copy of a pleading Filed by usepa in five states against poltie homes complaining about widespread stormwater violations This is a a piece from a a a news site about a A jury verdict in georgia against poltie for stormwater violations And remember note that i'm talking about stormwater violations, which is what we're worried about not some random thing And it says repeated violations of the georgia erosion sedimentation control Act The jury actually concluded that poltie specifically intended to harm the families living downstream And awarded punitive damages finally From law 360 illegal news site Reports that a georgia judge imported and posed sanctions on poltie group for destruction of electronic evidence In a environmental lawsuit over stormwater runoff in other words, not only are they calling causing stormwater runoff They don't play by the rules They destroy evidence So that's the kind of thing we're talking about nationally here locally I talked to the upper news river keeper today matthew star He says he's observed failures of their stormwater controls out at briar creek after nearly every rainfall event There's some pictures of some of that very quickly Those are the ends of my slides I want to conclude very quickly by saying That you instructed poltie at the end of the april meeting to work with the neighbors to satisfy These folks concerns they did not do that. They did not reach out to these neighbors one time not at all These folks tried to contact poltie got no response They finally hired me I called patrick biker and patrick did talk to me But it took hiring a lawyer to get a response from poltie after you had instructed them specifically to work with these neighbors Now i met with patrick and poltie Bob anderson was a poltie representative there. I asked about our concerns. I said can we talk about fewer houses on the border? response crossed arms no I asked can we talk about masquerading? No, can we talk about clear cutting? No, can we talk about keeping the stormwater structures out of the flood plain? No So poltie showed disdain for what you told them to do instead They've spent their time trying to convince and persuade you to ignore what we're telling you And I would implore you not to do that This is not a referendum on infill development. This is not a referendum on should this site be developed This is a question of should poltie corporation be allowed to do this specific thing they're asking to do Which is destroy a lot of the flood plain woods Put in masquerading put in clear cutting have 19 houses right next to these folks eight houses and so forth I've got I have personally spoken with a lawyer Cater howard a prominent lawyer in raleigh who represents a development group that wants to develop this the right way They're standing back because they don't want to be accused of interfering with the contract But they're ready to go if poltie steps out of the picture There are better people out there than poltie and we ask you in the interest of durham To wait for that better person because they're there waiting to work with you. Thank you We're going to abide by the time frame that we set up and the proponents Had 15 minutes opponents had 15 minutes you only had 18 seconds um So i'm going to move back to The proponents if you want to have anything to say on your remaining time unless you want to spend 18 Point one eight seconds saying something If you would allow it sure and I just wanted to to say this that I've been to this property. There is absolutely a way to develop this property In a way that would make a profit for the developer would preserve property values and Quality of life for the neighboring communities and would Keep durham from having to pay down the road to fix what gets broken. That's site sensitive low impact design Uh, and it's possible at this site poltie's plan is not that plan to do that. Thank you How much time do the proponents have? If the proponents want to speak you have seven minutes Otherwise, i'm going to move it to the council comments Again if if a council person wants to ask a question of someone that's a different issue But right now we're just going with the time we have allocated Mayor bell members of city council. My name is patrick biker again representing poltie I wish to rebut a number of the contentions that were Just made on behalf of the neighborhood First of all if you research the record Um You'll find that poltie has never had to has never been fined in north carolina They have also provided 30 homes for returning veterans across our country two of them in the triangle And they even hold a golf tournament to pay the cover the cost of the property taxes for those new homes So in terms of being a corporate citizen in addition to the affordable housing property you made They certainly do what they can to give back to our community also want to address the Consistency or Consistency with colony park here again as a slide What has been conveniently left out of this analysis is the fact that this property abuts a freeway There needs to be a transition from r20 To a major limited access freeway serving our community and 3.67 Units per acre is a reasonable transition as is stated in your staff report Jared Eden will talk more about the floodplain conditions. However, it is hyperbole to say that most of the floodplain would be cut down by poltie is a Out of the what is it jared 13 acres of floodplain we have It's a a small percentage of that that would be affected with constructed wetlands to serve as stormwater infrastructure And so we definitely take exception to the characterizations I hope we've pointed that those out but in closing I do want to say that Representative representatives of poltie met with representative representatives of the neighborhood 10 times in order to work on this issue They were cordial meetings But at the end of those 10 meetings it was time to Move forward and present our case to the city council as we've done here Mr. Connor and I did have a meeting it was Lasted 90 minutes, I'd say and so it was a fair and frank discussion of the issues However, we would object to the characterizations on the floodplain issues and now mr. Eden's will go into that in more detail Leaving jared Eden's with Eden's landcorp Yeah, and just to reiterate what patrick said I know mr. Connor has only been working on this for a month or so so I can understand He may not have as much information as I do. I've been working on this about two years And I have had 10 meetings directly with the neighbors and we have made tremendous efforts To appease the concerns that we've heard from the neighbors tremendous efforts You don't we don't come up with the list of committed elements just because we want to We come up with the list of committed elements because we're trying to address concerns from our neighbors I do want to point out Possibly one of the few things that I that I believe we agreed on during the process was I don't think anyone wants to see Tanglewood Drive constructed Extended from colony park through the floodplain into this project So I just thought it was ironic That the interconnectivity was pointed to as a reason not to approve the zoning When common sense dictates that we don't extend a paper street That's well into the floodplain Into the property and I believe we had agreement with our neighbors on that So I just found that ironic to be a reason not to approve the zoning As far as the floodplain goes People like to walk around and say that's wetlands Look that's wetlands It's wetlands. Well, we have to pay professional consultants to determine what's wetlands and what's not And then after those consultants do their job the core of engineers With permission from the property owner Because they can't go into the property without written permission from the property owner The core of engineers follows up those determinations and verifies whether they're correct or not So we've had two site visits With a paid professional SNEC who does tons of work in this area very respected environmental firm They delineated a total of 0.15 acres of wetlands on the entire property 0.15 acres confirmed by the core of engineers So I would urge you not to just listen to someone who says there's eight to ten acres of wetlands down there and take it at face value That's not the case. We pay consultants to To delineate it the core verified it It's 0.15 acres and those acres are considered non-jurisdictional by the core Meaning they can be impacted with no permit whatsoever. No 401 no 404 none of those issues Anyways, I just want to speak to those two items. If you had additional questions, I'll be glad to answer them. Thank you Let me ask the staff a question if you don't mind because I was one of the questions I had looking at the report This about interconnectivity Tanglewood What what is the staff's position on that given what I just heard the Developers say there's no one in the right mind would want to run a Extended street from tanglewood. You didn't say it that way, but you can get to just what I was saying Sure, Steve meddling with the Durham City County Planning Department Mayor bell Certainly staff does acknowledge that the existing tanglewood stub out which stub outs to this this property Is problematic from the perspective that it is located in sensitive environmental areas Actually during the course of our conversations with the applicant We suggested to them that it would probably make some sense for them to clothe work with the neighborhood and close that section Of tanglewood to take it off the books In essence, so there would no longer be a stub out connection However, what we have is a policy that requires interconnection to existing stub outs in adjacent properties And that's what uh, mr. Edens was referring to That the the policy in the comprehensive plan and in the unified development awards requires that interconnect that connection If there is a presence of a stub out So I guess when I'm missing I thought one of the points that the staff was making as to why They didn't support the plan was because they couldn't make the connection They wouldn't make the connection They have not made that connection on their development plan. That is correct But I guess I'm I thought you said Maybe I'm missing something Would you recommend that they make the connection or not? I thought you said what this should do is close it Close the stub out I think speaking strictly from the staff's perspective We would probably advocate that the applicant in this case close that stub out remove the requirement for that stub out connection Uh, if that happens then the policy and the ordinance provision would no longer be applicable to that connection So the developer proposed it or not well Patrick like when lory star law group my understanding is that to close the right away for tanglewood we require the Signatures of adjoining property owners. I believe that's the case It would require at least one of the adjacent property owners to be party to that street closer To the persons that are opposing this development. So I doubt they would be inclined to agree with that procedure I got my answer Other other comments Questions of either developers or the proponents Opponents Before I close the public hearing that's that's what I'm trying to see where you got a question Are you free to make a comment? Yeah, if we could mayor bell, we would be happy to proffer on the record a trail easement To provide I'm sorry. It's on our development plan. There's a proffer for a trail easement. So there'd be penestry and connectivity from colony woods to the trail system in in this development Okay, we're asking these questions, but I think the foregone conclusion is that it would be inappropriate for the council to Approve this rezoning matter simply because it doesn't comply with the Conference of plan, but having said that I'm still going to recognize the mayor pro tem for comments and anyone else before I call for motion The attorney for the colony park I just wanted to um Tell you that we are sorry for your loss Thank you very much mayor pro tem. I appreciate it. It looks like despite that you managed to do a lot of work on this project So that's all though. It's very new to come I'm going to close the public hearing on this rezoning matter and matters back before the council would entertain the motion on that item I recognize councilman shul Do you want to? Um Yeah, I believe I agree. It's foregone conclusion and But I did want to make some comments because I've been thinking about it a lot and I spent a lot of time on it and I didn't want to waste it without having to say a few words about it Let me let me just somebody ask me what time we'll go get out here It was a staff person. Mr. Mayor. I'll keep it under an hour The uh I just I do have one thing just kind of I don't have a personal nature to say mr. Connor, which is I have to tell you that I think the The the talking about mr. Eden's Signing that off and then showing the the flooding Down at the bottom of the hill and implying that was something because of what he signed off on trinity ridge Honestly strikes me sir as a is a pretty cheap shot Uh, I don't think any of us who know that area and everyone here knows it very well And I've been out there knows that the flooding that's that that area you showed is in the flood plain Uh, there's flooding there that has nothing to do with with trinity ridge uh I know that trinity ridge is a problem and I know that the that the That the storm water there is a problem But I also know that the flooding down there at the bottom of that hill is is way way more than what's happening trinity ridge And so I just felt I needed to say that to you um I think there's a lot of good about this. We need the housing We needed at this price point I agree that we need to for sale I think that the location is good. I do think I do think it's infill I think the affordable housing at 60 is a Is a is a significant Offer as are the trail easements um And all of those things I think are Good and I look forward to um a development here that I think is More appropriate for this site The I will also say just a couple of other things the buffer um You know, I've struggled a lot with the buffer the 50 foot buffer with the 60 opacity Uh, and I finally thought a lot about where I live I live on club Boulevard my my yard is deep But I live in a place where it's not as deep as some because there's house about 200 200 feet behind mine um And there's another house that also is in back of me. So there Two houses behind me And There's no There's no opacity essentially. I I see them pretty much all the time um, and It's okay It's okay, and I think that a 50 foot buffer with 60 opacity even with the number of houses behind Uh, the houses there at the buffer Is a reasonable offer. I don't think it's it's not perfect. It's not great. It's not as good as living with no one behind you But to be honest, it's the way I live and I think it's the way most people in the city live and it's okay So I thought that that was pretty reasonable. I also think on the traffic just When this comes back in some form, I do want to say that I know that it's busy at 15 501 in Cornwallis at rush hour but We wouldn't be developing anything in Durham at all if we voted against this development because of traffic There's just compared to most of the proposals we get and most of the city that we live in There's not much and you all have been the beneficiaries of it and I understand why you want it Same with the buffer. I understand it, but I also don't think that those are reasons to Defeat this development I do think that there are things about it that are very problematic the clear cutting On the other hand, that's our ordinance and We I'm happy to say that as a result of you all being here the first time We have As you all probably remember I raised that issue then and the city manager in our planning department has put on our Planning department's work plan for this year and alterations to our clear cutting ordinance Which I think will be very beneficial and I know they'll do a great job My the storm water I've spent way too much time in the stormwater departments offices has passed a couple of days and I want to thank them for putting up with me and Talking also to dr. Barrett and and dr. Richardson I You know, there's a lot of way to cut there's a lot of ways to cut this and I think that the developers Let me put it like this Dr. Richardson talks about stream restoration and stream restoration is great But it's also it's not in our regulations and we don't require it of anyone else Is it fair to require it of this developer? And I would say no, I just want to say that In general, I just think we need to be really careful to be fair to all of our developers People need to come in and they need to have the expectation. They can develop on the same basis as everyone else The developer Yeah, our staff says that Well, let me let me just cut to the chase One one other thing Colony park itself As you all are aware Has no stormwater treatment. You have your neighborhood has no stormwater treatment As you also know, there's some building of from your neighborhood in the floodplain In your neighborhood And yet we asked this developer under new under different and new regulations To develop stormwater treatments Your neighborhood is something the stormwater that comes out of your neighborhood and runs down into those creeks Will be something that Durham the city of Durham is paying to to to remediate With our Jordan Lake rules And so I just want to say that It's important to be aware of the role that we all play in this So the reason that I think of in the end that That causes me to Come down on the side of not supporting this is I think it is possible to put a development there That doesn't take the trees out of the floodplain and I think we can get something better for our whole community But I also think we I do want to say I said it before that when the right development for residential comes back here I do plan to support it and I actually Will look forward to that because I think that infill development is really important. It's either that or sprawl We have two choices And so to me that's good planning. I know it's it's bad for the forest and it's bad for those of y'all who live next to it I also want to say one thing one other thing about We to my colleagues and into the audience, which is we voted already tonight On the dock nickels road rezoning For a project that has constructed wetlands that will have constructed wetlands in the floodplain the same thing That we're saying tonight here that we don't want And I will say that the inconsistency bothers me and the inconsistency is driven by a lot of different things But I look for that consistency. I like to find it because I think I think I like to treat everyone All of our developers fairly We can go beyond because it's a rezoning request We can go beyond what our ordinance is and I that's what I think is important here That we try to get something that's better than what the ordinance allows But I do think it's a difficult position that we put ourselves in went on one night We approve something which has Constructed wetlands in the floodplain in order to handle the storm water while at the same time That same night. It's a big objection to why we're not doing it somewhere else on one It's important to also think about It's organized and there are 100 people sitting in the audience on the other that wasn't true So that's a tribute to you There you go. Mr. Mayor. Thank you Okay, any other comments if not Recognize councilman I just want to comment very briefly. I appreciate all the comments that councilman Shul has made and I really appreciate the work that he's put into trying to understand the issues around storm water I think it's really important. We look at the We listen very carefully to the people in the community We look at the issues that are affecting you and then we try to do what we think is best for the entire city when we make the decisions that we do and Certainly, I think there's a lot in this project That has been proffered to commend it that But I will say that I do think I'm not an attorney. I've learned that Big time I've learned several things over the last few weeks one that we could renew Emotion we did that two weeks ago Two that we can't renew a notion that was We can only renew a motion that's been defeated And and three that the udo had this provision in it in the first place So I do think that in this case our hands are tied I do have the same concerns the councilman shul does so I I don't see how we can vote to approve this Given what the udo says and given the current state of things But if we do see something again, I I hope that we see All of these things I do one say one more thing which is regarding the stub out What the staff said was any adjoining property owner could request that the stub out be closed And the one of the adjoining property owners is the property a subject property of the rezoning So they could have and could still request the closing of that stub out in the future. Thank you Uh, I think Going once going twice The motions would be if you're voting to defeat the rezoning the motion would be in the firm but if to Agree to the zoning and if you then vote against it So the the motion would be to approve the rezoning requests for the purpose of Defeating it by voting against it and you vote against it not because all the technicalities we've heard the goodness You will be voting against it simply because it doesn't comply with all comprehensive planning Yeah, sure He had some time left A few hours And we would request a deferral to work with the city attorney on this and also To evaluate The possibility of removing our stormwater bmps from the floodplain and putting them in the non floodplain areas But we haven't had a chance to evaluate that sir Can you give the courtesy to speaker to speak? Thank you It's this is new information that's come in over the last few hours and it's been very difficult for our team to Analyze this we've worked, you know hand in glove with councilmember shill to analyze this floodplain issue very Carefully if that is in fact something that would be dispositive on this we would Welcome the chance to evaluate the potential to move forward with with doing that even though it is different from the The case out on dock nickels road That that isn't the issue I understand sir the issue is the fact that we have a confidence plan that this does not agree with And if you listen to our attorneys We couldn't vote to support the rezoning has been proposed So I'm going to close the discussion on that as a matter of fact for the council to entertain a motion On the rezoning of this issue. Mr. Mayor if I might have to leave the motions already on the floor and I'll second it It's been proper to move the second of that You want to state it we approve the rezoning that's that okay all those in favor of that public we open to and The motion would has been made it's been seconded and to defeat it you would vote negative So the vote is it open? Can you open it again? My lights aren't flashing somebody voted for me. No, I didn't vote. Okay All right, the the motion is defeated Let's move on to the next item, please We're back to items that have been pulled And if you could depart quietly while we continue the meeting we appreciate it item five Nobody's asking you to leave. I'm saying if you're going to leave leave quietly if you're going to stay Stay quietly. We mean while we're going to move on the next item, which is item five, which was pulled Item five is physical year 2016 2017 budget in 2017 2022 capital improvement plan Uh, I have steven hawkins v. Peterson Who have pulled item five as steve hawkins But he's gone. Oh, it's okay Yeah, yeah three minutes Mr. Mayor, can I ask a quick question point of order here? Um, it's my understanding. This is the the the budget item, correct? This is the this is the budget. Yeah, he's speaking up Um, I wasn't aware that we would allow folks to pull that item and speak since we already had It's on it. It's a consummation item. Fair enough. Thank you steve hawkins uh 617 my most uh 27703 and all I just wanted to say uh I haven't heard anything from any of the packs about the police headquarters or the 20 men that the police department wants to add And I want to go on record as uh, the district one Co-facilitator and say that I support the police Headquarters being built on the site that it is I do also support The police department getting 20 new officers because we do not feel safe in the community Every week they have a shooting somewhere in northeast central And usually it's coming from oakley square You know and something needs to be done now until the the city in the county can come up with an economic uh development plan and our equity A racial equity plan. We need more officers on the street now I To the chief I want to say to you personally that I like the fact that we got substations in the community I want a man And I'm hoping that these 20 officers would go to man those substations Okay, and the city council, please We're not there yet. We do not feel safe here in Durham Totally now they do in some parts of Durham, but over in district one Not yet. Thank you Welcome. We've moved to mr V peterson I missus peterson victoria peterson I'm in total disagreement in uh, I usually steve and I are usually sought on the same page This city does not need to build A uh a 71 million dollar police station. That is ridiculous We have some serious and steve besides east Durham I live over by north calinus central university I'm one of the greatest universities in this country has one of the best law schools in this country And over in the meduga terrace area, and I want my white citizens to know this also Because we don't have white neighbors that live on that side of town We have young black kids that are dying on the streets, and I'm glad some of you have stayed Please continue to come Come to these meetings. We need your help also This city council needs to hear not just from black folk But they need to hear from the white residents that live in this city Our black children are dying on the streets of this community And many of us are taxpayers My husband and I we pay taxes in this city. We pay county taxes. We pay city taxes We pay federal taxes and black boys are dying on the streets of this community And I don't hear very few people coming to this city council As in our mayors as in these city officials. What in the world are you doing about it? Tell me why is it every week a black child is shot in this city? Tell me why somebody answered that for me. We have a police station. We have We have police officers. We have deputies, but black men are dying in this community Tell me why we have the majority of that city council look like me I haven't seen I I haven't seen not one city council member the last three months down in mcdougataris The shooting and the killing that is going on in this community is outrageous And we talk about um I'm sorry. We talk about stuff that's going on in the middle east.  Um, I'm sorry two and three o'clock in the morning guns are going off Guns that wake that wake myself up in the senior residents that live on my street Something has to be done in this community. We talk about building developments building this building that How can we build when our children are dying and being murdered on these streets? Thank you, miss peterson And every time I turn around we bring in a new police chief We need more than the police chief No, you know, I don't I don't I don't I don't want you to sit down because you got the next item But we need to act on this item You don't have to sit To do something If you if you quiet down let's act on this item then you're going to hear your other one And I would just say just because you don't see me in mcdonald terrors doesn't mean i'm not in mcdonald terrors I don't hear you mr. Mayer, and I don't see you down there because I go down there. I say you don't see me in a lot of places You're right. I don't entertain the motion on this item, please Did you have a comment? I just have a comment. I just wanted to clarify for the record Ask miss johnson to indicate in in this The tax rates associated with the business improvement district. What is the tax rate that is incorporated in this motion should have passed Yes, good afternoon bertha johnson director of budget and management services The rate that is currently proposed in the bed and will be The rate if you adopt the budget as is will be seven cents per 100 assess value Which is not the revenue neutral rate It is a rate that's proposed to keep the same rate in the bed with no changes And this and then you'll get the the Ddi contract at a later date. Thank you council market. Yes, I wanted to just take a minute and Talk for a moment about the bull city connector I want to first thank the members of spirit house who brought this issue forward and the human relations commission for the working recommendations Regarding the bull city connector. You might have seen for those of you who don't Get memos from hrc. You might have seen in the paper today a story on that The current alignment the bull city connector has approved in last year's budget I recognize the hrc is concerned that there may only be one opportunity to affect change Which is in the budget however Although the last Change the route appeared to happen suddenly it came after long consideration of work including community Meetings all done by go triangle They're now in the process of planning a study to create a five-year transit plan that will include all a go Durham Including the bull city connector We simply don't have enough information now to make route changes But I'm and I'm guessing that among impacts that we'll hear about eventually will be longer bus headways and higher operating costs But we'll see And possibly the funding structure, but I want to take a moment and observe there's concern That the fair free bus route serves duke more than any other segment Uh, I will point out that they now stop at the veterans administration hospital, which is really important And while duke affiliated re