 And then it doesn't add to this with you. Yeah, yeah, it's pretty better. There'll never be a vote like this. That's a great question. Yeah, I mean, I'm system check. They don't let us abstain. I'm strongly opposed to whatever it is. I'm not checked in here. Come on. Except on a street quarter where you're the adjacent property owner. Yeah, that probably wouldn't happen. The Obama's called again. I'm not kidding. They called yet. That's certain. Seriously, get. I'm going to do your report during your priority items. Where are you at? Remember that? Remember that was an ad for some of those collect-to-talk ones that was not for the Constitution Day? Do you remember where you at? That was the time. Where are you at? Let me know what that is, Ashley. It was like a beeper. This was a different version of that. It was where you had some zippy name to. Obviously, so zippy. I forgot. OK. Oh, boy. Are these good people? I don't know how many of these people are. I got that. Thank you. Renata, will you come and read the? It's in Spanish. And you have it in Spanish. You have it in Spanish. I'm near the province of Russia. Good evening, everyone. I'd like to call this meeting of the Durham City Council to order at 7 p.m. on September 17, 2018. Excuse me. And I'd like to ask you to please first join me in a moment of silent meditation. Thank you. And now I'll ask Council Member Reece to please join us and lead us in the Pledge to the Flag. Thank you, Mr. Mayor. Good evening, everyone. If it's your practice to do so and if you're able, please join us in the Pledge of Allegiance. Let's all lead the Pledge of Allegiance and join us for the Pledge of Allegiance. And to the republic for which it stands, one nation under God, individual with liberty and justice for all. Thank you very much, Council Member. And now, Madam Clerk, will you please call the roll? Mayor Schul. Here. Mayor Pro Tem Johnson. Here. Council Member Alston. Here. Council Member Caballero. Here. Council Member Freeman. here councilmember Reese here we're now going to move to our ceremonial items and we have two ceremonial items tonight even though one of them is only one of them listed and we're gonna begin with a neighbor spotlight recipient I'm going to ask if Rita then eggs will please come forward did I get your name right great and do you have family and friends who are with you why don't you ask them to come on up please join us I'm all the way up right and you all come on up here with us and we'll get we'll get the pictures you will definitely have time for photographs Laura made sure that before the meeting Rita van eggs is the recipient of the neighbor spotlight for the month of September 2018 the neighbor spotlight award recognizes community members that have gone above and beyond in volunteering their time to serve the community this month Rita van eggs a resident of the five-oaks neighborhood was nominated and selected because of the wonderful work she has done in her neighborhood including but not limited to initiating and maintaining the five-oaks neighborhood watch to foster a safe community hosting popular national night out events and neighborhood of parties to help neighbors get to know each other organizing community trainings on 9-1-1 CPR and active shooter situations to help residents stay informed congratulations miss van eggs being the September neighbor spotlight for the city of Durham and I want to thank you for all the work you do to improve the Durham community and just want to tell you how much we on the city council in the city of Durham appreciate you so thank you very much I guess I said I guess I should say first I'm gonna present you with this fabulous certificate and ask you to say a few words thank you so it's just a pleasure really to be in Durham that has awards like this for neighborhood recipients not every community in large town does this and so I just you know want to commend Durham for for making citizens feel special and the opportunity to serve and participate with neighborhood safety programs it's been great to really coordinate with the Durham Police Department and the pack three group especially so and my fabulous neighbors thanks Laura has asked us to come down and take a picture so okay go ahead take that first okay come on neighbors we're all gonna go down and Laura you're gonna take our pictures all right our second presentation is Ms. Emily Walker here is Walker okay well we've had a little bit of a situation today I don't know if you notice but we've had a hurricane this was supposed to have been presented today at the this this regarding Constitution Week and Constitution Day was supposed to have been presented today at the Durham History Museum at 330 but that was canceled and so I decided I would go ahead and do it tonight I'm sorry Ms. Walker couldn't be here I was hoping she would be but I know that the weather is what it is but I'm gonna ask my counsel colleague Renetta Austin to please come and read this proclamation for Constitution Week Constitution Day and Citizenship Day and we'll we'll send this by mail to Ms. Walker whereas our founding fathers in order to secure the blessings of liberty for themselves in their posterity did ordain and establish a Constitution for the United States of America and whereas at the culmination of months of deliberation debate and compromise on September 17th 1787 the Constitution of the United States of America was signed in Philadelphia Pennsylvania and whereas September 17th 2018 marks the 231st 231st anniversary of the signing of the Constitution of the United States of America by the Constitutional Convention and whereas through all its changes over the years the Constitution's foundation has endured and adapted and remains the supreme law of our land and whereas Constitution Day and Citizenship Day are celebrated on September 17th each year during the celebration of Constitution Week September 17th through September 23rd and whereas the adoption of the Constitution and the independence guaranteed to American citizens whether by birth or by naturalization should be celebrated by appropriate ceremonies and activities during Constitution Week now therefore I Stephen M. Schulmayer the city of Durham North Carolina do hear by proclaim September 17th through September 23rd 2018 as Constitution Week and September 17th 2018 as Constitution Day and Citizenship Day in Durham North in Durham and encourage all excuse me and encourage and call upon the residents of Durham to observe this day to bring together governmental civic social and educational leaders to conduct ceremonies and programs that bring together community members to reflect on the importance of active citizenship recognize the enduring strength of our Constitution and reaffirm our commitment to the rights and obligations of citizenship in this great nation witness my hand in the corporate seal the city of Durham North Carolina the 17th day of September 2018 all right thank you very much councilmember Austin and we will mail that to miss miss Walker and now I'm gonna ask for announcements by the council and I'm gonna start with an announcement before turning it over to others we are welcoming tonight a very special group of young people from Spain from Madrid Spain who are here with us and they're also their chaperones as well and their hosts families from Durham Academy students and and parents from adult from Durham Academy who have welcomed these students this is a group of exchange students that are part of an exchange program that's been going on for several years between Madrid idea de Dios in Madrid and Durham Academy exchange happens every two years the focus on language acquisition and cultural immersion the students are visiting us there are 10 of them they're 14 and 15 years old and I'm gonna read their names and I'm gonna ask you to stand as I read your name I know some of you all may not not all of me not be here but you'll just stand as I read your name and if you'll just forgive my pronunciation before I read your names though I'm going to ask council member Caballero to give perhaps a better welcome than I was able to gracias I'm now going to call your names and ask you to stand Enrique Arconada Paola Garcia Jose Ruano Pablo Garcián Marco Grabel Grabel sec Beatrice some Salmon Alberto de Benito Javier Diaz Julian Sopena and Jorge Martín we're really glad to have you here thanks for being here and also want to welcome Isabel Rios Torres and and Allison Maddox from Durham Academy who were here having coordinated this thank you thank you all very much you can be seated and let me just say that we welcome you to stay for the entire meeting if you don't want to you won't hurt our feelings okay any announcements by members of the council any other announcements council member Caballero I have several um so uh Hispanic Heritage Month kicked off on September 15th and it will go through October 15th so here's a fun fact one of the reasons that it starts on September 15th it's because it was Honduras is Costa Rica's El Salvador and Guatemala's Independence Day on September 15th and then it was Mexico's Independence Day uh yesterday and then it's Chilean Independence Day tomorrow so Feliz Patres Festos great thank you you have other announcements as well oh okay I can give you all a little history lesson if you want but I'd have to reach I'd have to reach like you know back 20 years okay all right well thank you very much that was a good fun fact thank you as a follow-up I just want to share that we that I have proposed a proclamation for Hispanic Hispanic Heritage Month right and we'll bring it up at the next super wonderful thank you other announcements I just want to take a minute to um thank all the members of our staff uh for the tremendous mental work that they've put in in the last week or so in response to hurricane Florence and just in my gratitude because I know it's been a lot of long hours um and you know you needed to respond across a lot of different areas so just want to thank you much appreciated other announcements just another uh just sharing I had a um very informative time at the Congressional Black Caucus uh this last week uh their 48th annual legislative convention and I really appreciated the opportunity to be there and to meet with our congressional members of the Black Caucus and uh hearing from a lot of the community on the issues that matter to us in this city so I look forward to bringing more of those conversations here thank you great thank you very much Mr. Mayor Mayor Pro Tem thank you um the comment about the hurricane reminded me um to just bring up that you know Durham really we we got lucky we kind of got sideswiped by the storm but our friends and neighbors down east were not so lucky um there are a lot of hurricane relief efforts that are happening right now for folks in eastern North Carolina and South Carolina who are really hard hit by the storm so I want to encourage everyone who may have over prepared and have um some extra flashlights or bottles of water lying around your house to send those to folks who are more in need down east thank you Madam Mayor Pro Tem I certainly over prepared I think we all all of us all right any other announcements if not I'm going to turn to the priority items uh and I know that our city manager has a prior priority item for us thank you Mr. Mayor good evening everyone uh I don't have any official priority items this evening uh related to the agenda but I do want to take just a moment of personal privilege if I can to talk a bit about the storm certainly we tried to keep the council mayor and council informed along the ways I'm not going to go through all those details but I do want to just mention uh without getting into the specifics because I know I'll forget somebody and get in trouble just how proud I am and appreciative I am of all the departments and the city employees who worked so hard over the last several days related to the storm both in preparation for the storm early or early in late last week trying to to anticipate all of the worst case scenarios that fortunately we didn't experience but then we know others did and prepare in so many ways our facilities and all of the the things that that we needed to have lined up so that if and when those worst case scenarios came about we didn't have to stop and think about them they were ready ready to move forward and then certainly during the the storm beginning Thursday through through Sunday how the departments and the staff certainly monitored what was going on 24 hours a day we had staff at the emergency operations center manning the joint information center trying to anticipate every turn every movement every possible wind scenario rain scenario certainly trying to do our best to inform the community of what we knew and what they might anticipate and what they should do under certain situations and then in a few situations also responding fortunately it was mostly just a few down trees and things like that and then what we thought was going to be after the storm but turned out to be our worst day was this morning and certainly the the staff because of their preparation they were able to to respond in certain situations provide a few rescues of people who were stranded in some some some rising water responding to a number of infrastructure issues that several of which are going to be with us for a while two or three fairly major road closures that are that are going to have to be responded to some other infrastructure issues but certainly all things that were very capable and prepared for and then finally as as council or the mayor pro tem mentioned you know we know that there are a number numbers countless numbers of communities and folks who have significant needs and anticipate over the next days and possibly weeks and months Durham will be called upon to to try and support their recovery and we certainly are prepared to do that I would just suggest that you know if you do receive calls and from either your constituents and other communities or organizations with good intentions that we be sure and route all of those through the normal the the required protocols that we make sure that you know as requests come in they can be vetted and they can be they can be triaged through the the state EOC system so but thank you very much again I very appreciative of the departments all of the employees and very proud to to be a part of of that response this weekend thank you thank you very much uh mr manager and uh i appreciated the comments of councilmember austin and of the mayor pro tem and want to second that i think we're all very proud of how our employees did uh councilmember risa and i and i believe a couple of colleagues as well i had the opportunity to visit the the shelter at hillside early on and when people were just thank you all for being here we got we had the opportunity to to visit the shelter and see how well organized that was i also paid a brief visit to the emergency operation center which was up early and ready and um thank you and uh so uh i think we can all be very proud of of the preparation that we had and very grateful uh that we that it wasn't necessary for us to uh make use of that that preparation uh in the in the way that we had feared thank you so thank you all righty uh in uh mr attorney do any priority items thank you mr mayor members of council no priority items all righty uh madame clerk good evening mayor and council i have no items thank you very much all right we are now going to turn to our consent agenda uh the consent agenda can be approved by a single vote of the council uh items items that are can be removed by a council member or member of the public and then will be voted on separately at the end of the meeting i'm going to read the consent agenda item one approval of city council minutes item three Durham housing authority board of commissioners appointment item four human relations commission appointments item five recreation advisory commission appointment item six mayor's nominee for reappointment recreation advisory commission item seven contract with Durham community land trustees for the rehabilitation of 1700 mary max street item eight contract with habitat for humanity of derm for the minor repair program item nine this item can be found on the general business agenda item 10 memorandum of agreement establishing the triangle water supply partnership item 12 utility extension agreement with carillon assisted living of north Durham llc item 14 sebu romania sister city proposal item 17 to 21 these items can be found on the general business agenda public hearings do i hear emotional on the consent agenda so moved it's been moved and seconded that we approve the consent agenda madame clerk will you please open the vote close the vote motion passes seven zero thank you very much we'll now move to our general business agenda uh where we'll be beginning with item nine the ordinance to establish a permitting procedure to regulate the operation of shared active transportation companies within Durham do we have a staff reporter shall we simply start with the council i'll recognize councilmember reese thank you mr mayor did we have anybody sign up for this item tonight i'll be doggone i'm very glad you asked i'm very glad i did to regulate the yes we do we have two speakers i'm sorry james nishimuta and uh mr servano esparza and i apologize that for not recognizing that go ahead councilmember reese why don't you speak and then we'll get them up here um mr mayor i thought we might want to hear from them first you want to hear from him first that'd be great i'm good with that thank you mr nishimuta and then um mr esparza please come to the microphone am i right and you each have three minutes thank you very much mr mayor my name is james nishimuta i live at 16 sweetbay court i'm on the board of bike Durham as some of you may know we are an advocacy organization supporting bike lanes and a protected network and the city of Durham and i just want to speak a little bit in support of this ordinance um and then really coming from my personal history with or personal experience with scooters um so recently i lived in uh california a couple years ago moved three years ago and then recently had a work trip back and the amount of bike lanes they put into san jose has been enormous and they've i mean it's pretty much every street has a bike facility on it and they had the line bike scooters that was the first time i was able to use one and it was fantastic i went there for a work trip i was a mile away from my hotel was able to spend the entire time without ever using a car i took those trips on a scooter every day and it was it was a blast i mean you see these people riding and their smiles and those are miles that people would otherwise been using in a car um so i'm pretty sure um correct me if i'm wrong that Durham has signed on the Paris climate accord if we want to be serious about climate change and recent hurricane is a reminder of you know the cost of letting this be on shut the number one greenhouse emission is by transportation so we need to do everything in our power to reduce vehicle miles traveled we can do that by providing alternative transportation now i know there is some history with the scooters and the ncga classification as mopeds that i think Charlie will speak to a little bit later but i think the city does have power here through two mechanisms one is selective enforcement of those what i would call non-applicable laws these are outdated laws that treat these electric scooters as a moped this is not realistic riding one you go slower than a bike but we're mandating that they are treated as a vehicle that doesn't make any sense logistically second is we can protect the individuals on these bikes by creating a protected network and this it means protected bike lanes with actual physical barriers separate them from vehicles from cyclists or scooters as well as low speed neighborhood streets that go through the network we can drastically change the way the city is shaped and we need to be serious about it Mr. Nishimoto thank you so much for your comments and now we'll hear from Mr. Cervando Esparza you also have three minutes thank you mayor city council members my name is Cervando Esparza and i'm senior manager of government relations for bird which is a scooter company an east scooter east scooter company a little bit about bird is we provide a fleet of low speed electric scooters that give people affordable reliable and fun way to get around town and so we're really excited in support of this ordinance i did want to mention a couple of notes that uh we hope to work with you as the program progresses one of the notes is the fee for e scooters is a hundred dollars per scooter and it's it's one of the higher ones in of all the cities that where we operate in but we understand that it is set so that the city can recoup any cost in terms of operating the program and so what we ask is that if if the costs are not to make to maintain this program are not that at that level that council can revisit this and potentially lower the fee if if that's something that is happening a one note on e scooters is that they're actually collected every night to go to be charged and so they don't sit out in the sidewalks like other potential vehicles and so you we avoid some of the issues in terms of of leaving them out there and then you have to of course redeploy them in the morning and so one of the things that we see in several cities is the parity in terms of fees with e bikes so that's something that the council can also consider as as the program continues i wanted to also mention because this is highlighted in the ordinance and we think it's important is that bird has a one bird program which eliminates the dollar base fee per ride for anyone who's currently enrolled in or eligible for state or federal assistance program so that that is incredibly helpful and we think is incredibly important one of the the concerns that i wanted to bring up and it's it's more that we're what we're doing is implementing carrots and sticks so that our users show better behavior and then we deter someone from from bad behavior and one of those issues is that we can send you know we have to scan an id to verify age because of course these vehicles require someone to be at least of 18 and in bird we require you to just scan your id to make sure that that's something that's happening and then we actually ask our users take a picture afterwards to show us that you actually parked legally and that's an enforcement capability and what i mentioned about this is that there's a component in here about smart a non-smartphone option and those type of enforcement you know checks are not going to be possible with that specific type of program so it's just something to flag that as a program continues that's something we work on and then just wanted as i mentioned there's actually a provision in one of the sections that a permit might be revoked depending on the permities customers operating the shared devices essentially and i know seven seconds we just keep we would love to keep talking to you guys about the flexibility in place so that we make sure we have the tools available to to punish our users if they're not using it correctly and then reward the ones that are using it in a safe manner thank you very much mr. sparsum we may have some questions for you so thank you for being here i'ma now turn it over to councilman barice thank you mr. mayor appreciate that i want to appreciate the folks who came to talk about the current draft ordinance um i uh i agree with a lot of what both of you said tonight um one thing that i've noted as i've gone through this process is that we um we haven't heard from our the Durham's Durham's Bicycle Pedestrian Advisory Committee about this ordinance and i think uh those are the folks in our community who we have the city has asked to provide us with guidance on issues like this i think whatever form the ultimate shared act of transportation ordinance takes it will impact pedestrians and cyclists to a considerable degree i'd like to get their input i reached out to staff last week and i shared that with my colleagues in the council as well and would ask that we defer this matter so that we can hear from them the hear from bpac about this the other issue i just wanted to raise just briefly um was about enforcement as one of our speakers mentioned i think it would be interesting to hear from the Durham Police Department about what they anticipate their enforcement posture will be for these devices if they're actually operated in the in the street um and if there's any way we could get some uh some input from our law enforcement agency that would be great too thank you council member um you've heard the suggestion that we refer this back to the administration so that the Bicycle Pedestrian Advisory Committee can uh offer its review um and so i'm interested in hearing thoughts from my colleagues council member rostin thank you thank you council member for your work and your research on this issue i support referring this ordinance back to bpac for their feedback i think that that's really important um i have a few questions and i forget your name sir but i just have a few questions i think mr sparsa sparsa thank you um you mentioned uh having users scan their ids um and forgive me if this is territory we've that the council's covered already but um do you mean driver's license specifically or any kind of id that has an age for age on it any kind of official uh the governmental id no idea um this is just to verify the um actual age gotcha um and just on the helmet issue i saw that you would allow people to order a helmet can you just explain that yeah absolutely so what we do is um we have a commitment to safety where we'll actually host um pop-up events where we just give helmets away or if any of our users in the markets that we operate wants a helmet all we do is ask them to pay a dollar and 99 cents and we'll ship them a helmet okay so if they wanted someone walked up to one in order to helmet it would have to wait for the helmet to be mailed i see yeah because you uh when you do it in the app yet you give us your size i see thank you thank you uh any other council members any comments i would just like to say i'm not sure i also concur thank you thank you member council member freeman so we have i'm going to uh i think we'll vote on it and make it official i'll take a motion that we refer this back to uh the administration almost it's been moved in second that we refer this back to the administration for further review and that would include uh the review by the bicycle and pedestrian advisory committee any more discussion if not madam clerk will you please open the vote close the vote motion passes seven zero thank you very much uh and uh mr sparsa uh and um mr nishimuta just uh you will want to be in contact with the bicycle pedestrian advisory committee and get your input uh as they deliberate as well i know you don't live here and so you're probably just should be aware of their meeting time and so forth but our staff can help you become aware of that okay thank you very much and uh council member reese thank you for all your work on this yeah i just wanted to encourage my colleagues to at some point in the next couple of weeks just take a trip over to raleigh and give one of these a try please bring a helmet with you um and i encourage you to stay off the sidewalk that it's uh it's very instructive on the both the promise and the peril of these devices thank you mr mayor quick inquiry sure uh i'm going to echo thanks to the councilman's reese yo the yeoman yo person's job he's done on this uh on this uh undertaking just really real quickly the staff is going to ask the police to weigh in on this or give some type of advisory and two do we have any idea on the timetable as to when we'll revisit this um i'm not sure when the next BPAC meeting is but is it it's tomorrow okay great seven you guys got that uh and so um uh it's tomorrow at seven and so what i would anticipate is that they would be ready to i'm sure they've been following this issue and i would anticipate they would be ready to offer some input and so i would say that not at this thursday's work session but perhaps the work session two weeks from thursday we would anticipate coming back from us is that sound like a reasonable timetable colleagues absolutely great okay i don't want to belabor this more than we have to yeah um and in terms of uh the police input i think that i would i'm sure i think it would be good if our staff talked to our police force about that thank you thank you any other questions or comments all righty thank you very much and thank you all for being here to discuss that item um we're now going to move to the general business agenda public hearings and our first item was item 17 consided in annex item for salix drive good evening jamie sonyak with the planning department before i get started i just wanted to mention that all planning public hearing items have been noticed in accordance with local and state law affidavits for the notice on file in the planning department this is uh salix drive good evening um requests for utility extension agreement voluntary annexation and zoning map change have been received from salix drive llc for a 6.57 acre track the subject site is located generally at 425 scott king road the annexation petition seeks to bring two parcels into the city limits um the existing city limits the subject site is presently zoned rural residential the applicant is requesting a zoning designation of residential suburban 20 the parcels um are currently designated as very low residential on the future land use map which would be consistent with the zoning change approval of the annexation petition and zoning would become effective on september 30th 2018 there's no development plan associated with this case the public works and water management departments have determined that the existing water and sewer mains have the capacity for the proposed development the budget and management service department determined that the proposed annexation will become revenue positive immediately following the annexation and additional information on those can be found in the staff report the Durham planning commission at their june 12 2018 meeting recommended approval of the proposed um residential suburban 20 zoning district by a vote of 11 to 0 staff determines that these requests are consistent with the comprehensive plan and applicable policies and ordinances three motions are required for this application the first is required by law to approve the utility extension agreement and the voluntary annexation petition the second is to adopt a consistency statement and the third is for the zoning ordinance thank you miss Sonjak you've heard the report of staff and i'm now going to declare this public hearing open and first i'm going to ask if there are any questions or comments by members of the council for staff just a quick question i just want to verify the prices or the included costs that are on page four that is just 17 dollars annually or is that like 17 dollars altogether forever pay i'm sorry page four of the staff report of the memo of the staff report the staff report is that right councilman let me go back i'm looking at page four of the memo page four of the memo where it's talking about public works and for planning is that like per year for you well the public the public works when that's the storm water so where it says additional general fund costs approximately 855 associated with street maintenance that's annually correct okay any other questions or comments there's no one signed up to speak on this item but i'm going to ask this is a public hearing is there anyone here to speak on this item is there anyone here who would like to speak on this item yes all right did you give us your name and address please Sean Gorman 5011 south bar drive here in Durham on the applicant just here for any questions right thank you mr. Mormon any questions for the applicant any comments by members of the council i'll ask again is there anyone present who would like to speak on this public hearing item if not i'm going to declare this public hearing closed and the matter is back before the council uh i will uh entertain a motion to adopt the ordinance annexing sailor's drive and entering into the utility extension agreement who to adopt second it's been moved and seconded madam clerk will you please open the vote close the vote motion passes seven zero thank you now we need a motion to adopt a consistency statement so moved second it's been moved and seconded that we adopt the consistency statement madam clerk will you please open the vote close the vote the consistency statement passes seven zero thank you and finally we need an emotion to adopt the ordinance of many unified development ordinance i'll move second been moved and seconded that we adopt an ordinance to amend the udo madam clerk will you please open the vote close the vote udo passes seven zero thank you madam clerk thank you very much all righty we'll now move to item 18 the consolidated annexation consolidated annexation item for southeast regional lift station i'm good evening council i'm grace smith with the planning department this is a request a next 26 acres of property at 4780 kent road the staff recommends an exact translation of zoning of rr residential rule while there's not a development plan with this contract or associated with this request the end use for this site is for a sewer lift pump station which you're probably aware of if approved the effective date of the annexation and the initial zoning would be effective on september 30th 2018 if you have any questions staff is available thank you very much nice to see you miss smith we haven't seen you up here at that microphone in a while good to see you all yes um you have heard the report from staff and i'm now going to declare this public hearing open and i'm going to ask if there are any questions or comments for staff by members of the council any questions or comments for for staff if not i have no one signed up to speak on this item but i'm going to ask is there anyone here who would like to speak on this public hearing item tonight is there anyone here that would like to speak on this item any questions or comments from from council if not i'm going to declare this public hearing closed and the matter is back before the council to this item will also require three different motions the first will be to adopt an ordinance annexing the s the uh the southeast regional lift station into the city it's uh there's has it been second can i hear a second it's been moved and seconded that we adopt the ordinance annexing the southeast regional lift station into the city of Durham madam clerk will you please open the vote close the vote ordinance passes seven zero thank you we'll now need a motion to adopt a consistency statement so we'll do that second it's been moved and seconded that we adopt a consistency statement madam clerk will you please open the vote please close the vote consistency statement passes seven zero thank you and now the motion to adopt the ordinance amending the udo so moved second it's been moved and seconded madam clerk will you please open the vote close the vote motion passes seven zero thank you very much all right uh miss smith you did a bang up job in your presentation to see it was extremely convincing we'll now move to item 19 christian avenue street closing mr americ could i uh i ask uh mr young to confirm i believe that this matter has uh been withdrawn by the applicant but i'm not certain if because it's an advertised public hearing we need to open the public hearing and close it or how to how to handle that procedurally so is that correct pat it is a good evening pat in with playing department late last week the applicant withdrew this item so we would ask that it be referred back to the administration would have to defer to the city attorney about whether need or not the public hearing needs to be open or not but i believe it can just be referred back without opening the item since it's been withdrawn but i of course would have deferred at the city attorney that that's correct and my understanding is we've done that in the past with the applicant i'll ask for the item to be referred back that we can do that all right thank you so um can i just ask pat is this the item planning to come back to us or you don't know that i think it's likely that it will um this is part of a planned redevelopment and there was some question between the owner and adjacent owner about okay the location of the of the all right property division so it's likely to come back to you but it may be several months and they no one wanted to commit to a date certain so which is why we're asking for i see thank you very much all right this item has been withdrawn and referred back to the administration i don't believe we need a motion on that doing mr turning okay so item 19 has been withdrawn and is referred back to the administration uh and now um item 20 consolidated annex item annexation item triple a storage good evening jamey sunyak with the planning department requests for utility extension agreement voluntary annexation and zoning map change have been received from tony tate llc for a 7.13 acre track the subject site is located generally at 750 and 804 junction road this annexation petition seeks to bring one of the parcels which is 1.1 or well sorry 1.01 acres into the existing city limits the subject site is presently zoned industrial light and rs or residential suburban 20 the applicant is requesting a zoning designation of industrial light with a development plan the parcels are currently designated as industrial on the future land use map which would be consistent with the zoning change approval of the annexation and zoning would become effective on september 30th 2018 key commitments associated with this plan include limiting the use to self-storage facilities and limiting the height of the building to two stories um the public works and water management departments have determined that the existing water and sewer have the capacity for the proposed development the budget department and management services department determined that the proposed annexation will become revenue positive immediately following the annexation additional information can be found in the staff report the Durham planning commission at their july 10th meeting of 2018 recommended approval of the proposed industrial light with a development plan by a vote of 12 to 0 staff determines that these requests are consistent with the comprehensive plan applicable policies and ordinances three motions are required for this application the first is required by law to approve the utility extension agreement and the voluntary annexation petition the second is to adopt a consistency statement and the third is required for the zoning ordinance i'll be happy to any answer any questions that you have thank you very much miss sunyak uh council members you have heard the report from staff i'm going to declare this public hearing open uh and first i'm going to ask are there any comments or questions from council members for staff still member freeman i'm not sure i'm trying to place this location because i think i have driven around there and i just wanted to know if there were any flooding issues in this in this section of the of junction road if there were any flooding issues on that road over there i uh am not familiar personally with any flooding issues and i'm looking at my colleagues and they are also saying no was junction road and that's when those today uh for flooding i don't think we have anybody here mr mayor i don't i didn't see it on the list yeah so that i think since it's not on the list i think that'd be a good indication i would not it didn't flood today probably i didn't flood i trust the list the list is a little old and it did not reflect some of the roads that have been identified within the last three days okay uh yes sir mr mayor miss sunyak could you confirm it so they have submitted a site plan or not at this time i am not aware that they have so that's the process really though that they would you know the next step for them would be to submit some kind of a development site plan or site plan at that point they would evaluate all of the conditions associated with flood planes and stormwater requirements that's correct they would be held to all the standards in the udo if it was in the flood plain or whatever they they would would not be able to absolutely how do you how do you address it if it's not in the flood plain but made maybe due to other properties that there's runoff from those properties coming in those are evaluated as a part of the site plan review process thank you any other questions to come as council member carbietta i'm just curious and i think the folks may be here but um just looking at the b-pack comments and about the sidewalk if that has changed if there has been any change on that the so there was a they're not not interested in adding that um piece of asphalt for a future bike lane yeah why don't we wait on that and just let's first ask if there are any comments for staff and then we can ask the applicant any other comments or questions for staff okay we have one person to sign up to speak on this item pam porter this porter if you could come to this microphone to my right and i'm going to initially give you three minutes and there may be some questions for you as well good evening mr mayor members of the council pam porter 5011 south park drive with tony tate landscape architect our office prepared the development plan for the rezoning i'm here to answer any questions you might have and just to um touch on uh miss freeman's question there are no there's no floodplain on this site and it's indicated on the development plan not floodplain i'm concerned about that junction road section if there was flooding in that area correct but i just wanted to make a note that there is no floodplain on this site just as an fyi because flooding is a concern now that we just had the hurricane come through i want to be careful that we're we're mindful that the floodplain maps were prior to a lot of clear cutting and grading that has shifted a lot of water around so i'm just going to be asking that question frequently no understood understood thank you uh councilmember carrietta you have a question for the applicant yeah i was just looking at uh the bike and pet advisory um and then just was wondering if you all were standing firm about the bike lane the client is declining that at this moment yeah okay are the questions or comments for the applicant miss portard do you anything else to add nope just thank you for your consideration of our project thank you thank you any other questions for the applicant or any other questions or comments for staff mr mayor just real quick just i'm trying to orient myself is i'm sorry i your name is gaten i'm sorry miss porter miss porter is this is this the piece of junction row between 98 and cheek or cheek and club you know junction is kind of bifurcated by the the train tracks i'm trying to think off the top of my head um i believe this is south of the train tracks there's an aerial attachment i think attachment three maybe that would help thank you i'm trying to get to that too i was looking at the uh the vicinity map on my development plan doesn't go that far so i could be mistaken got it i see it thank you you're welcome do you see as councilmember melton did you find what you need thank you mr mayor thank you um mr manager i know this is an area you're very familiar with i have some familiarity with okay uh council members any more questions or comments this is a public hearing and uh is there anyone else that would like to speak on this item is there anyone else here tonight who would like to speak on this item if not i'm going to declare this public hearing closed and the matter is back before the council we'll need three motions here to uh complete this item one would be to adopt an ordinance annexing triple a storage into the city and to enter into this utility authorized entering into these utility extension agreement so moved second it's been moved and seconded madam clerk will you please open the vote close the vote motion passes seven zero thank you very much now we need a motion to adopt the consistency statement so moved it's been moved and seconded that we adopt the consistency statement madam clerk can you open the vote please close the vote consistency statement passes seven zero thank you and finally a motion to adopt the ordinance amending the udo so moved second moved and seconded madam clerk could you please open the vote please close the vote ordinance passes seven zero thank you very much thank you um and uh miss soniac thank you for your work we appreciate it and you do a great job up here every every every two weeks so we appreciate you thank you and now we'll move to item 21 the case street to closing good evening uh carla rozenberg with the planning department um so jeff williams on behalf of culture jewel tems request to permanently close a 330 linear portion linear foot portion of case street and this is the portion that is above or north of highway 147 um the case street one was before you a couple months ago and approved this portion of case street is an unimproved platted right of way maintained by the city jboy llc owns three parcels located immediately to the west of this right of way and ventus pedigree lp owns the parcel directly to the east if closed the right of way will be combined with these adjacent properties as shown on the associated street closing plat and attachment for the staff report the request meets applicable ordinance requirements and all comments generated during the review process have been addressed so the staff recommendation is to recommend we recommend the permanent closure of this 330.08 linear foot portion of case street thank you miss rozenberg nice to see you here tonight as well um you have heard the report from staff and i'm now going to declare this public hearing open and first ask if there any comments or questions for staff by members of the council just a just a verification this area near the rail railway would that have any bearing on the light rail project the light rail will go through that that right of way is planned for the light rail project bill judge transportation the proposed light rail alignment is along pedigree just north of the the closure and aerial in this this section it's aerial in this section yes is there any housing located in this section either as well they're mainly commercial developmental on that section of pedigree street thank you thank you any other questions or comments for staff i have no one signed up to speak on this item but i will ask now is there anyone here who would like to speak on item 21 case street 2 closing is there one in the audience here tonight who would like to speak on this public hearing item any other questions or comments from staff from council members if not i'm going to declare this public hearing closed the matters back before the council and i'll accept a motion to adopt an order to permanently closing this portion of case street so moved second madam clerk will you please open the vote please close the vote the order passes seven zero thank you very much colleagues colleagues this is this the last item to come for us tonight and subsequently i'm going to declare this meeting adjourned at seven fifty six thank you very much excellent work tonight mr mayor