 Good evening we're calling the Durham City Council meeting to order this evening on November the 2nd at 7 o'clock p.m. Certainly want to welcome all of you that are with us this evening. If we could just take a moment of silent meditation please. Thank you. I probably included a prayer for Duke, right. All right, Councilor Brown. Waiting on you. All rise. Madam Clerk, would you call the roll please. Mayor Bell. Present. Mayor Pro Tem Cole McFadden. Councilmember Brown. Councilmember Cattati. Councilmember Davis. Councilmember Moffitt. Councilmember Shul. We have three proclamations this evening. First is for the Durham Soil and Water Conservation District Board. Would ask Mr. Cattati. The proclamation reads whereas in 1937 Dr. Hugh Hammond Bennett and North Carolina native urge President Franklin D. Roosevelt to create local soil and water conservation districts across the United States to develop locally-led conservation programs. Whereas from March the 22nd 1937 to February 2nd 1965 the Durham Soil and Water Conservation District was part of the multi-county up in Neuse River Soil Conservation District that was instrumental in improving the county's natural resources. Whereas the Durham Soil and Water Conservation District was officially established as a single county conservation district on February 2nd 1965 and whereas the Durham Soil and Water Conservation District is one of 96 conservation districts which cover all of North Carolina is led by five elected and appointed North Carolina citizens known as conservation district supervisors who provide leadership for local voluntary stewardship of natural resources. Whereas the Durham Soil and Water Conservation District is also served by associate-aided board members who voluntarily serve on the board and provide a voice of leadership for Durham County citizens for the local voluntary stewardship of natural resources. Whereas the Durham County's natural resources are renewable and more valuable than the golden leaf for which the county's famous. Whereas the Durham Soil and Water Conservation District's mission is to conserve enhance and promote the natural resources of Durham County by providing technical assistance, environmental education, information and economic incentives to county citizens by exhibiting a diversified program to meet its changing needs. Whereas the Durham Soil and Water Conservation District is a state and nationally recognized leader in natural resource conservation for its diverse and innovative programs. Whereas February 2nd 2015 marked the fifth anniversary of Durham Soil and Water Conservation District and this represents a significant milestone in the stewardship of natural resources. Now therefore William V. Billville, Mayor of the City of Durham, North Carolina do hereby recognize the fiftieth anniversary of the Durham Soil and Water Conservation District in order to all citizens to take special note of this observance and which is my hand, Corporate City of Durham, North Carolina. This is second day of November 2015 and I'm going to present this to you and I don't know if any of the other board members are here tonight, so you can invite them up. Supervisor is here. Thank you. On behalf of the Durham County Soil and Water Conservation District, I just want to say thank you. We're really proud of the work we do in the city and the county and we're looking forward to the next 50 years. Next is a celebration of health proclamation. And Ms. Chastity Newkirk, who's chairman, chairwoman of the Celebration of Health event, and Colleen Gaulman, public relations representative of Durham County Department of Public Health. Join me. And this speaks to celebration of health a month, but is focusing on diabetes. Whereas diabetes is the sixth leading cause of death in Durham County, affecting one and eight residents. And whereas the Durham Diabetes Coalition partners with the Durham County Department of Public Health, Duke University, health and community organizations, faith based groups, local government and universities, and community members to provide resources and support to improve the health and quality of life for Durham adults living with type two diabetes. Whereas November's recognizes American Diabetes Month by the American Diabetes Association. This year's theme is Eat Well America. And whereas a series of events will be held to engage and inform Durham County about healthy lifestyle choices and diabetes awareness, including a cooking demonstration, grocery store tour, and couponing workshop. Whereas the Durham Diabetes Coalition will collaborate with El Centro Espanol to hold celebration of health, a month and resource for our to acknowledge American Diabetes Month, and empower Durham County to alleviate and ultimately eliminate diabetes in our community. Whereas the Durham Diabetes Coalition encourages the community to understand the precautions of type two diabetes and its effects by building healthier neighborhoods, increase in physical activity, and eating a balanced diet, diabetes will be confronted, fought and prevailed by the Durham County. Now therefore, I, William D. Bill Bell, Mayor of the City of Durham, North Carolina, do you ever claim the month of November 2015, a celebration of health months in Durham and hereby urge all citizens to take special note of this observance and what's in my hand, Corporate City of Durham, North Carolina. This is second day of November. I'm going to present this to you for any comments that you may have. Good evening, everyone. We do hope that you join us for our celebration of health events that we have coming up this month. We have our Diabetes Monthly Support Group tomorrow at Human Services. We also have the actual celebration of health event, which is a Saturday at Holton Career and Resource Center from 10am to 4pm. We have what's the 401 diabetes health on October 12th. We have a grocery store tour on October 10th and a couponing class, oh, excuse me, November, and a couponing class on November 18th. All of our events can be found at www.durhamdiabetescoalition.org. Thank you. Good evening. Good evening. Thank you very much. The next proclamation has to do with long-term care. Ms. Madick, would you please come? Awareness month proclamation and company, I'm sorry. And it reads, whereas according to the United States Department of Health and Human Services, approximately 60% of individuals who are 65 or older will need some form of long-term care services. And at some point, more than 40% of these individuals will require nursing home care. And whereas approximately 70% of women age 75 or older are widowed, divorced, or never married, compared to only 30% of men, and whereas according to the United States Government Accountability Office, by 2040, the number of people 85 and older will increase to approximately 15,400,000 and whereas women make up the majority of nursing home residents and women age 65 and older make up the majority of seniors being cared for in a home setting. And whereas according to an AARP study, planning for long-term care, a survey of midlife and older women, 31% of women thought Medicare would cover the cost of long-term care. 30% thought private long-term insurance would cover the cost. And approximately 23% believed the person who needs the care would pay for long-term care through their income, savings, investments, or family support. And whereas many women age 50 and older underestimate the risk of needing long-term care and have no plan in place. Now, therefore, I, William V. Billville, Mayor of the City of Durham, North Carolina, do hereby proclaim November 2015 as Long-Term Care Awareness Month in Durham, and hereby urge all citizens to take special note of this observance and to learn more about potential risks, costs, and options available for themselves and family members. Witness my hand in the corporate seal of the City of Durham, North Carolina, the second day of November 2015. And, Dale, would you like to have a couple of minutes to respond? Of course. Of course. Hi, everyone. I'm Dale Matiola, and I want to say to our Mayor, Mayor Potem, Cora Cole McFadden, I'll say to manager and attorney and our community. This is an awesome honor to receive this proclamation that confirms the care that you have for Durham and its citizens by acknowledging your awareness and encouragement to take the time to address this issue for families and especially women. Women are caregivers most of the time and overlook the need for themselves. Largely symbolic, proclamations serve special and important functions. It provides state and community-wide platform to talk about the commitment of addressing issues, how we will deal with long-term care and when someone experienced the needs for caring for others pertaining to their activities of Dale and living. It also serves as a symbolic reminder to be willing to give back our time and education to share these important subjects. I am committed to this cause and I'm requesting every one of us to pay closer attention to our community, our family, and to the caregivers, receivers of care and the funding that is required to take care of someone else as well as yourself at the same time. I will also add that this season is coming up Christmas time or celebration time and one of the things that we could possibly do is give some of our time to relieve a caregiver. I have several situations now where caregivers are taking care of someone and it's really stressful because they really can't get time out to even do something for themselves. So that's kind of a thing we can do for someone else. That's our time, maybe it's an hour or two, whatever. And if you'd like more information about long-term care, just let us know. These are my colleagues, my associates, Teresa Robinson, and Henry, and we are committed to doing the right thing for long-term care needs. Thank you very much. Are there comments by members of the council? I recognize councilwoman Katani. Thank you, Mayor. I hope no one in the listening audience needs to be reminded that tomorrow is election day. Please go to the polls. Please vote for my dear colleagues and let's wrap this season up. Thank you. Thank you. I recognize the Mayor Pro Tem. Good evening again. I attended the 50th anniversary celebration of the Soil and Water Conservation District last week, and it was really a great event. The food was incredibly wonderful. But it was a wonderful event. I know all of us have events that we go to and are obviously pleased with the activities that are going on, but I just want to mention one that I attended a couple weekends ago, and it's really more about the company than necessarily event. And the company is Fidelity and we've probably heard a lot about Fidelity in the last week or so bringing jobs to this area. But the other part that I like about what the company does is their corporate and civic responsibility. And they've taken on the task of adopting Lowes Grove Middle School. And this is a sixth year. And they've just done amazing things in terms of helping spruce up the school itself, students with computers. But the event that I went to a couple of weeks ago, it's a landscaping that you're doing. And they're really creating a garden in the courtyard. Got chickens out there, they're drawing things. I mean, it's really, really amazing that along the edge of the site, they're working with a string buffer where they're going to be able to teach kids a lot about things that are going on there. But I was just impressed with what they've done. And if any of you have an opportunity to go by there, I would suggest that you might just see that's really one of the great things that's happening in our community. And it's happening because obviously the school supports it, but more importantly, the company Fidelity has taken that on and they're really doing a super job. I recognize the mayor. Yes, I had not finished. I was honored to have the opportunity to be in the midst of greatness last I believe was last Thursday for the city of Durham leadership conference. And I hope I shared with sincerity how much we appreciate our employees. These were department heads, division heads and other supervisory staff. And I was just amazed at the energy level at eight o'clock in the morning. Well, that's what time they come to work. But I'm retired. And, you know, that's not the most exciting time. But eight o'clock in the morning, they were vivacious and ready to get down to work. And that I think that bigger and enthusiasm comes from the top leadership. And I want to commend the city manager for the atmosphere that they're working in. And you set the mood. Thank you, sir. Okay. No more announcements or comments. We're gonna move to the agenda. The first item is a consent agenda and can be approved with a single vote unless a I'm sorry, recognize the glory from court. Recognize the city manager. Thank you, members of the council. Good evening. And Madam Mayor Pro Tem, we do say thank you very much for bringing the staff greetings. We had around 300 employees who participated in the fall leadership conference this year. And it was a great event. This evening, we have three priority items from manager's office agenda item number four, housing opportunities for persons with AIDS contract with Duke University. This item is being referred back to the Community Development Department. Agenda item number 18, Wiley and Elizabeth Forbus house, local historic landmark designation designation LD 1500002. There has been some information added to include a fiscal impact analysis of the landmark designation request. And agenda item number 19, Imperial Tobacco Building, local historic district designation LD 1500003. Information has also been included added and included for this agenda item to include an impact fiscal impact analysis and of the of the landmark designation request. Those are my three priority items. Thank you. Welcome. Recognize city manager as prior times entertain the motion on proper move. Second matter clerk. We open the vote. Close the vote. As the seven is zero. Next move to the city attorney. Thank you, Mr. Mayor. No priority items. And likewise, the city clerk. Yes, Mr. Mayor, members of the council, we have with us this afternoon, this evening, Gloria M. Nottingham, who was recently reappointed to the Durham House Authority Board of Commissioners. She's here to be re re sworn. I Gloria M. Nottingham. I Gloria M. Nottingham. Do hear about salt and swear. Do hear about Solomon swear that I will support and maintain the Constitution of the United States that I will support and maintain the Constitution of the United States and the Constitution and laws of North Carolina and the Constitution and laws of North Carolina not inconsistent. They're with not inconsistent. They're with that I will faithfully and impartially that I will faithfully and impartially discharge the duties of my office discharge the duties of my office as a member of the Durham Housing Authority Board of Commissioners as a member of the Durham Housing Authority Board of Commissioners. So help me God. So help me God. Recognize Councilman Schultz. I just want to say that I've worked with Ms. Nottingham for the last four years and she is an absolutely terrific member of the Board of the Housing Authority and it's it's great that she's willing to serve another term. She does a wonderful job and really appreciate it Ms. Nottingham. Okay, now we move to the consent agenda. Again, consent agenda consists of items that may be approved with a single vote. If a member of the council or members of the audience asked for an item to be removed. That item will be discussed later in the agenda. The headings of the consent agenda item one is approval of city council minutes. Item three is development review process performance audit. Item four is housing opportunities for persons with AIDS. That's items have been referred back. Item five is the vehicle lease agreement for Lincoln Community Health Center. Item six is professional engineering services for sanitary sewer flow monitoring and inflow infiltration reduction evaluation. Item seven is a bid report for September 2015. Item eight is proposed acquisition of approximately 28 acres at 1902 Camden Avenue for the Department of Water Management Miss Lake facility expansion project. Item nine is unconscious bias training for water management. Item 10 is the fourth amendment to assignment agreement between the city of Durham and the Durham Bulls baseball club for the operation of the Durham Athletic Park. Item 12 is contract SD 2015-01 East Main Street culvert stabilization. Item 13 is also an avenue widening project you dash three three zero eight CSX railroad facility encroachment agreement. Item 14 is the waste industry transfer station contract memo and items 15 through 20 items that can be found on the general business agenda as public hearings. Entering a motion for approval consent agenda items exception item four has been brought from the movement second madam clerk we open the vote and close the vote. It passes seven. Thank you. We move to the general business agenda with the public hearings. Item 15 is a comprehensive plan amendment family fair a 14 0 0 0 12. Good evening Mr. Mayor members of council Pat Young with the planning department. I'd first like to certify for the record that all public hearing items before you tonight have been advertised in accordance with the requirements of law and there are affidavits to that effect on file with the planning department. As the mayor called the case before you is a 14 0 0 0 1 2 family fair. The applicant is Horvath associates PA and the request is to change the future land use map designation of a portion of one parcel 1.34 acres from its current zoning map designation of recreation open space to commercial and this property is located at the Northwest Quadrant of NC 55 and Carpenter Fletcher Road 4 1 1 6 NC 55 Highway. If approved the this re designation would allow support for the companion zoning case that follows on your agenda to permit the development of a gas station and convenience toward this site. Staff recommends approval based on the consistency with the four plan amendment criteria found in the unified development ordinance and at its September 10 2015 meeting planning commission recommended approval by a vote of nine to three. I'll be happy to take any questions. Thank you. This is the public hearing. You've heard the staff report. Let me ask first are there questions or comments from the council on the staff report. If not we have Ron Horvath who wants to speak and is it anyone else who wants to speak on this item that's been a public hearing that being the case. Mr. Horvath you have five minutes. Thank you mayor. I will just simply say the planning commission recommended support and I'm available to answer any questions. My other comments to come with the next case. Thank you. Thank you. Are there any questions of the developer on it. Here none. Let the record reflect that no one else has to speak. I will declare the public hearing to be closed and matters back for the council. It's been property moves in second. Madam clerk we open the vote. Close the vote. It passes seven to zero. Item 16 zoning map change family fair highway 55 Z 14 0 0 0 4 1. Thank you. Mr. Mayor and members of council Pat young again with the planning department. This is the companion zoning case to the prior plan amendment case. It's request to change the zoning map designation of a parcel of 4 1 1 6 in C 55 highway. It's actually 1.933 acres of a 6.1 1 5 acre parcel from its current designation of office institutional to commercial general with a development plan. This would allow for proposed convenience store with gasoline sales with a maximum 6,000 square feet of floor area. The development plan associated with this request includes a number of commitments above minimum ordinance standards which are outlined in detail in your staff report. This includes dedication right away along carpenter Fletcher road provide provides for an additional four feet of asphalt for a bicycle lane site drive and driveway improvements in a height limitation of 35 feet for buildings and structures. Staff determines that this request is consistent with the comprehensive plan and other adoptive policies and ordinances and at their September 10th meeting the planning commission recommended approval by vote of seven to five. I'll be happy to take any questions again. This is a public hearing. The public hearing is open. You've heard the staff report would ask for questions by members of council recognize council. Thank you mayor. I have a couple questions primarily for staff one. Can you just describe or even put up a I don't know if we have the map available to illustrate the portion of the site that's being rezoned and what or just mention what the balance of the zoning is on the remainder of the site. I'm not sure everyone realizes it's just a portion of the site that's being rezoned. Sure. So so I will I'll work to get a some a graphic available for you but you're exactly correct there. The site in question is at the intersection of NC 55 and carpenter Fletcher and it's a six point one approximately acre site. There was about a one point nine acre portion in the very southeast corner of the parcel that was filled legally in 1999 to be above the flood plain elevation. And that's the portion exclusively that portion is what's before you tonight with this action. Thank you. Then my second point I think it was in the staff report or concern perhaps from BPAC on can you clarify the trail along the creek on the western side of the property. And I believe that an easement dedication had been proffered but declined by staff. Can you clarify that and what development is allowable without that easement. Thank you. Sure. So the the remainder of the site the portion of the parcel that's not included in this zoning action is a zoned office institutional but is in primarily in the floodway a portion of it's in the floodway fringe or the hundred year flood plain. There are significant development restrictions on on the that remaining piece and the development rights on that portion would not change with this action. There is a proposed city Greenway ease trail north prong creek to the west portion of this site. And I believe the applicant will be proffering a commitment to dedicate a right of way for that future improvement tonight. Put it to you. Again this is the public hearing. I would ask is that anyone else that wants to speak. Ryan Harvard again has signed up. Again thank you Mayor Bell members of the council good to see you this evening. And I do hope you all voted. I will miss Diane Jean twelve years long time. Case before tonight we've had from good interaction with the neighborhood. We originally were going to rezone all six point two acres roughly to general commercial but only develop the almost two acre portion at the intersection. The neighbors were concerned that that wide of the expanse of general commercial might encourage other general commercial development along fifty five. So we worked out and restricted it just to the piece we were developing. They like that idea they felt comfortable with it so the zoning are twenty and I. Stayed what was the residual portion of the property. The planning commission wanted to put some additional constraints on development in that residual property. And unfortunately we've been back and forth with Mr. Medlin and there's not a good way of proffering since it didn't have a D associated with it we'd have to start over. And if I'm incorrect in that Steve I'm sure you'll correct me. We are client has no problem restricting it but I do want you to understand of the residual property. One hundred percent of it is in the flood plain. Ninety three percent of it is covered by flood way or stream buffer. Very very little could have anything done with it and that piece is next to the existing residential development. Both the U. D. O. and FEMA regulations in my opinion professional opinion adequately I could talk tonight adequately restrict development in this residual property. Very little can be done trails greenways recreation but not massive fields and not massive development. Planning Commission did give us a seven to five vote. They tried to get these proffers on there and we could not come up with a way of doing it. So I ask your support tonight I do not want to start over and put a D on that property it sends me back seven probably seven months or better. Finally speaking of trails I went back to Mr. Medlin and Pat and asked about similar to easements dedication along right away could we do the easement for the trail and they came back with a positive so tonight I'd like to proffer the following prior to issuance of a building permit the owner developer will provide a 50 foot greenway easement to the east or west side of the existing stream the location to be determined at the time of site plan approval. And I think that should cover most of the questions. I appreciate your time and ask for your support in this thank you. Welcome other questions by members of council in terms of what the developer is proffer again is that anyone in the audience that would like to speak on this item this being a public hearing item not let the wreck reflect that no one else has to speak out of the club can be closed as a matter of fact for the council it's been properly moved and second madam clerk we open the vote closed vote it passes seven zero it's been properly moved and second madam clerk we open the vote closed vote it passes seven zero. Thank you let's move item 17 zoning map chains Trosser Roxburgh outdoor display Z 15 0 0 0 0 0 4. Thank you Mr. Mayor members of council Pat Young again with the planning department. The case before you Z 15 0 0 0 0 4 is a request by Trosa to change the zoning designation of a 13.74 acre parcel located at 3500 North Roxburgh Street at its intersection with Old Oxford Road to modify the existing commercial center CC with the development plan zoning designation for the property as you're probably aware this is an existing shopping center and the change before you tonight would modify the committed elements on the existing to carry forward the previous committed elements and modify them slightly to allow for an outdoor display area. This request is consistent with the future land use map designation of the property which is commercial. The development plan associated with this request includes commitments to a maximum of seventy thousand eight hundred and fifty square feet of outdoor display and storage areas and commits to retain the existing building floor area of the associated building the former Walmart building at a hundred and nineteen thousand one hundred and sixty three square feet along with a number of other graphic and text commitments detailed in the staff report associated with this item. Staff has determined this request is consistent with comprehensive plan and other adoptive policies and ordinances and at their September 10th 2015 meeting the planning commission recommended approval by a vote of 10 to 0. I'll be happy to take any questions. Again this is the public hearing. I've heard staff report our questions comments by the staff. If not recognize Dan Jewel and ask is it anyone else that wants to speak on this item is being a public hearing. Daniel five minutes. Thank you Mr. Mayor members of the council my name is Dan Jewel with culture Jewel Thames here at the request of the Trosa folks we have Keith Arten and Mike Keene here tonight. As Mr. Young said we are simply requesting a modification of the original development plan from 1989. Unfortunately this is one of those many Walmarts that have gone dark over the years but fortunately we have one of our shining stars of Durham which is Trosa has purchased this facility. They are going to be using it for training retail sales sorting of materials as you know their retail operations are one of the big fund raisers that they have one of the things that they do two or three times a year as they have a sidewalk sale for lack of a better term. The determination was made that the original development plan from 1989 because it did not specifically say there could be outdoor display in this area it was determined they could not have outdoor display. So we are requesting absolutely no physical changes to that previous development plan or changes to the other committed elements. We're simply asking to have an area in the middle of the parking lot which you literally cannot see from Roxborough Road because the vegetation has grown up over the years several times a year can be roped off so they can have a festival affair to display these outdoor items and have a fun sales event and which is a big part of their of their annual income. So that is the sole purpose of our request here today. I'm happy to answer any questions you might have. Thank you. Are the questions by the council? I can ask Councilman Moffitt. Yes. Thank you Mr. Joel. Can you tell me what several times a year means I'm trying to understand what the what the total impact will be. Sure. This is 70,000 square feet of space. So that's one element of the impact and the amount of time is another. So historically they have had three of these sales a year. This past year they've only had two partially because they've relocated many of their operations here and they're not allowed to have it and typically those go on for a week something like that. The playing department we have worked with them to determine that even when that area is roped off there are still sufficient parking spaces to meet the ordinance requirements. Do you and does your client anticipate that when the so I'm right now I'm hearing up to three sales a year at a week a piece. The rest of the time it would be an empty parking lot. It's a parking lot not empty but it'll be a part of the rest of the time it was there simply just going to rope this area off during the time and we're not saying that there will be a maximum of three that has been Trosis practice. They have never had more than three but let's hope that they're wildly successful and folks will donate more materials and someday they may have four or five because that's a big part of their revenue. So then I have a question for staff is there any restrict could they could somebody occupying this space with this zoning change place whatever they wanted in the parking lot and leave it 70,000 square feet and leave it your ground. So Councilman Moppet there are no Pat Young again with plenty apartment there are no restrictions on the on the number of days this could be this area could be used. There are some limitations on how outdoor display areas are operated material can't be left indefinitely out but the site plan would have to specify what were permanent improvements versus display types of activities but there aren't restrictions on the number of days this could be used as as currently proposed. So the the unified development ordinance does define an outdoor display area and has something that says it can't be indefinite. That's correct. There there's a distinction between outdoor storage which can be outdoors and display which has to be taken in overnight each night. So we see there's a wide variety of practice. Some places have like hay bales or other material defining the area that could be left out but display of goods like tires or things that were for sale have to go in each night. And just to be clear this is this is display. It's display and sales. OK you I'm sorry. Being obtuse but earlier you made a distinction between storage and display. Is there a third distinction. Well the typically the almost always this the fore sale material is displayed material. So that has to be taken in each night but there can be certain tent tents bales of hay fencing little areas that define the outdoor or sales area that can be allowed to be in place essentially indefinitely through as I plan approval. But the material that's for sale needs to be taken in each night if that if that distinction is helpful. OK. Thank you. Just trying at the moment trying to understand exactly what the total impact will be. Thank you. Thank you Mr. Joe. Thank you Mayor. I wanted to clarify that last point I know certainly Trosa sales in the past have been in the Lakewood shopping center or even on Roxborough Road across from the courthouse and those tents certainly stay up but I believe that the materials for sale within the tent also stay for the entire period. So I just wanted to be sure that that isn't being constrained. So what I was talking about was this the let's just call it safe furniture or items for sale within the tent. If the tents closed up it can stay out there. They don't have to empty that. So the planning director has reminded me that there have been instances where we've been confident that the material is secured or it has a need to be like plant sales that are seasonal. It can remain outside overnight. The general rule of thumb is you can't have display materials out indefinitely. Stacks of tires paintings couches etc. There are exceptions if there are secured areas and there are certain materials that need and that's reviewed through the site planning review process. Yeah. We're going to ask the mayor to approach him. We're just happy to see life in that shopping center. For years and years there was no life and so we really appreciate anything that goes on there. That is legal. Thank you very much. Are there other questions comments anyone else in the public would like to speak on this item. If not let the record flick and no one else has to speak I'll click up here and be closed as a court counsel. The proper move second Madam clerk will you open the vote. Close the vote. It passes seven is zero. Entertain a motion and a consistency statement. The proper move second Madam clerk will you open the vote. Close the vote. It passes seven is zero. Thank you. Let's move to the next item. Item 18 Wally and Elizabeth Forbus House local historic landmark designation and this is an item that the manager says we have a physical impact statement. Thank you Mr. Mayor members of council Pat Young again with Planning Department. The case before you LD 150002 is a request for historic landmark designation of 3307 Devin Road in Hope Valley. The applicants are Mark and Jennifer Rubin and the request is designated structure as a local historic landmark for its architectural significance and its connection to local art during architect Grimville Murray Nelson. The staff has reviewed this request and recommends approval based on review of the criteria for landmark designation. As the mayor noted and the manager noted we did include a fiscal impact statement that shows the approximate annual revenue impact to the city and county at eleven thousand eight hundred and four dollars a year if this action is approved based on the reduced tax the tax abatement associated with the designation. The historic preservation commission recommend approval of this item at its August 4th meeting by a vote of six to zero. I'll be happy to take any questions. We're just staff reported the questions by council members recognize council one. Thank you mayor. I was. I had a question about window replacement. There was a note in the I believe staff report that it does detract they did replace windows and can you talk a little bit about consistency regarding window replacement because I'm certainly aware of where other people that are in other people that own homes in historic neighborhoods have not been allowed to replace their windows so it seems a bit inconsistent to allow this with that significant change. So can you comment on that. What I'll do councilman Katati is ask Carla Rosenberg who's our historic preservation planner to address your question Carla Rosenberg with the planning department. Yes it is true that for local landmarks and contributing structures and historic districts that you must replace with like visual with like visual qualities and as I understand these windows originally were of a dark bronze colored metal casement and they've been replaced with a white casement. So it's mainly the visual the color mainly of the metal that has changed. There's also been a difference in configuration and that was made very early on I believe in the 1960s was when that replacement was made well before the National Register nomination. Are you referring to the garage that was added or what are you saying. No the windows have been replaced twice on this structure over its lifetime and the first one occurred before the National Register nomination was written and it still gained national register status despite that window reconfiguration. When I talk about reconfiguration I'm speaking specifically of the pain placement but then there's also the material of the window itself. So I apologize that first that first change occurred in the 1980s and then it occurred again since the National Register nomination. That's Councilman Schultz. Thank you Mr. Mayor. I want to say that Ms. Rubin is here and appreciate you letting Councilmember Moffett and I roam around your yard the other day. Trespass yes we were trespassing. So I'm not sure this is a question that I sent an email earlier and just wanted to get some more thought about it maybe from either Mr. Young or Ms. Rosenberg which is I have some concern about how often we do this and how exceptional is this house. So it looked to me just roughly we had about 35 houses on the landmark list which doesn't seem like a huge amount given that we have a lot of houses in Durham but it's hard for me to tell I'm not an expert and so I'm wondering is this a truly exceptional house that we want to because of its architecture it's a beautiful house I can testify to that in an unusual house architecturally I can see that but you know is this the kind of thing where there 10 more of these that could come to us in the next three years and or is this something unique that's what I'm trying to kind of understand and maybe you can help me I know that's vague but so do your best. This is a unique structure and it is this the subtype of this particular architectural style is also very rare particularly in Durham there's not another structure of this subtype the architectural style is Norman Provincial based on provincial style architecture from Norma de France and the subtype is the tower style that has the round tower with the conical roof and it even has the arrow slits that's unusual not something that you would find in Durham and it's also not common throughout the country. There are other examples in the country but certainly not in Durham. This there was a panel in the 1950s consisting of realtor the developer and architects that reviewed each of the examples those first 20 or so structures that were built in Hope Valley to ensure that they're the integrity of the architectural style when they're initially designed and this is one of those structures and one of the more fantastic examples because of the ornate and the inclusion of this tower. And so would we anticipate that the other 19 really wonderful Hope Valley houses that are part of that group would then be coming to us or this one is particularly unique the Norman Provincial with this tower element in my opinion. Thank you very much it's very helpful. You know it might be well if this took a couple of minutes based on Steve's comments but for the public what crews to persons who get this designation what are the benefits just for the public. Your question was what are the benefits to the property owner. Yes. They receive a tax abatement we have made the financial impact analysis based on the value of the building alone not including the land value. So they receive 50% abatement of their taxes owed on the structure itself. And so for this particular property city taxes would total five thousand forty one dollars thirty three cents and county six thousand seven hundred sixty two and ninety nine cents for a total loss of revenue for the city and county together would be eleven thousand eight hundred dollars and that's on an annual basis. Well I just think it's important that the public understands what the benefits why do people want this now there may be other reasons people want it but the fact is from a dollar viewpoint they get a substantial tax break by being designated and I guess Steve's question is can we expect others to come forth and ask for similar type designations or do you think that's an pipeline. They have the right to come forward and the first step is to get on what's called a study list they have to submit a pre application to the Historic Preservation Commission who would deem whether they were even eligible to go forward with the landmark. Application process so this one was vetted first through that pre application process and then the actual landmark application. So you might use this as an example when did they start to process. The pre the the actual application must be submitted by April 1st and pre application can come at any point before there could come within those first three months of the year or it could come the year before usually it's the year before because it takes us a substantial amount of time to get the actual application prepared. Well again I just wanted to give a little bit of elaboration for the public in terms of the importance of this act. Recognize Councilman Schultz. Mr. Mayor I appreciate that clarification that's exactly what I was trying to get at and and so I guess that I want to say that unless I hear something else the next few minutes I'm planning to vote for this but based on the fact that based on your certification the certification the department that this is something truly unusual and I think you said amazing but I do I am I do have concern that we are going to get I just want I just want to be clear that I'm not going to be supporting a lot of these there have to be something truly exceptional. I think we have two in my mind truly exceptional cases today but I know I would have to feel that way before I voted for it because it is it is we are surrendering some private tax revenue. The value of that supposedly is that the people will use that revenue that they save to maintain this in wonderful shape. I have been out there they have already maintained it in wonderful shape they actually don't need the tax abatement to to maintain it in wonderful shape. I've can testify Ms. Rubin has maintained it in wonderful shape and the people before her but I get the theory I just don't want to do it very often and so I'm just urging you not to bring us many. Okay the planning director and then Councilor Moffett. Oh I'm I'm sorry Steve Maddlin with the Durham City County Planning Department I would like to remind the council that in two thousand nine council modified the criteria that is used for evaluation of historic landmark applications and we we really ratcheted those criteria down so that only the truly worthy properties make it this far in the process certainly that doesn't bind your hands as it relates to the the overall designation but I did want to remind council that that very same concern was raised by council in two thousand eight two thousand nine. Thank you recognize council Moffett. Actually Mr. Maddlin or one of you I'm just going to ask a question about that the tax abatement is provided for by North Carolina statute. That's correct. It is part of the general statute yes sir but it has to actually be applied for by the property owner with the tax office it's not automatic. Yes okay the program itself that is local discretion is that correct. That is correct and all the criteria that go along with the local program is local discretion. That is correct so if if we want to look at the program tonight the case of course is about a particular piece of property but we want to look at the program we could or to look at it again we could do so. Absolutely. Okay thank you very much. Yes sir. Okay are there other comments questions of public hearing on this matter. The public hearing to be closed matters by court counsel it's been proper to move to the second madam clerk will you open the closed vote. It passes six to one with council member Brown voting note. It passes five to two with council member Brown voting note and council member Cattati voting note. Thank you let's go to item 19 imperial tobacco building local historic landmark designation LD 1500003. Thank you Mr. Mayor members of members of council Pat Young again with the planning department this is your second landmark designation case of the night. The properties imperial tobacco building at 215 Morris Street the applicant is measurement incorporated and the request to designate a structure as a local historic landmark for its historical significance and contribution to Durham's tobacco history. Based on the criteria for historic landmarks found in the UDO that the planning director just alluded to. Staff recommends approval of this item historic preservation commission recommended approval by a vote of five to zero at its August 4th meeting. Again the fiscal impact memorandum was provided to you early this afternoon as the manager and mayor alluded to the total annual estimated fiscal impact in terms of tax abatement for this property to the city and county together is eighty five thousand forty seven dollars. We'll be happy to take any questions. Again this is public hearing I would ask other questions by members of the council first hearing on its end when an audience wants to speak on this item I have Drew Medlin but he said here for questions. Mayor Val. Mayor Pro Tem Cole McFadden City Council my name is Drew Medlin fifty four hundred Hallmark Road I'm here representing measurement incorporated and just here for questions but I do ask you to approve of us for local landmarks for the imperial building. Thank you. Are the questions of the developer represent developer. Is anyone in the audience that wants to speak on this item has been a public hearing. Let's record reflect on no one else asked to speak. I will declare the court hearing to be closed as a matter of fact for council. It's been properly moved in second madam clerk we open the vote. Close the vote. It passes seven as you. Thank you moved item twenty consolidated annexation item Leesville Andrews residential BDG fifteen zero zero zero zero two. Thank you Mr. Mayor members of council Pat Young again with the planning department with our final planning item of the night. This is the consolidated annexation item for a proposed single family residential development on forty four point eight seven acres at the intersection of Leesville and Andrew Chapel Road consisting of three sub components the first is the initial zoning that the city would apply to the property the applicant has requested initial zoning a planned development residential or PDR three point two nine one for the subject property which would allow up to one hundred and thirty four single family residential units and this was consistent with the conference of land use plan future land use map designation of the site low density residential utility extension agreement which would allow the applicant to serve the development with city in city water and sewer services the public works in water management department has conducted utility impact analysis and found that there is adequate capacity to serve this development with those services and finally is a voluntary petition for annexation budget management services department coordinated a fiscal impact analysis that found that this development would be a revenue positive for rest estimated revenues would exceed estimated expenditures following annexation staff recommends approval of this item and planning commission by vote of ten to zero at their September 10th meeting recommended approval of the item be happy to take any questions. Thank you it's a public hearing for the staff reported questions by the council on the staff report recognize the rod Eaton's sound speak on this item. You have five minutes. Good evening. Jared Edens with Eden's land here representing my clients. Steve George with Epcon communities. Appreciate Pat's summary of our project I'll be I'll be brief. As Pat mentioned we're requesting a zoning for up to 134 single family homes. This project is in the same area as a Dell web development that's been under construction now for a couple of years. The project is consistent with the future land use plan the density we're requesting is about three point three per acre slightly less than what del web got approved a couple of years ago at about three point seven. So it should fit in us with the surrounding community. We did have a neighborhood meeting back in June of this year. We don't have any opposition that I'm aware of. A little background on my client. Epcon communities has been in business for about 30 years all they build is age targeted communities. Usually over 90% of the people who buy in their in their projects are fifty five and over. That being said in order to be consistent with the other projects we've had in the area. Up and down leaves when Andrews Chapel Road my clients willing to offer up a donation to the during public schools. Ten thousand dollars and that donation would be made prior to the first final plat for the development. Be happy to answer any other questions you may have thank you. Thank you other questions of the phone recognize council one. Thank you. Yeah thank you mayor. I'm sorry. The bicycle and pedestrian committee asked for bike lanes and additional roadway frontage and sidewalks on Andrews Chapel and Leesville Road and I didn't know if you want to comment about that. Yes thank you for the question. Generally speaking a Durham transportation requires bike lanes only to be added along portions of the roadway that you're widening. So for this project we're only widening Andrews Chapel and Leesville Road at the driveway entrances. The areas that bike path is requested that we provide sidewalk and bike lanes in addition to our off site widenings. We haven't agreed to provide that because it's really not consistent with any of the other projects in the area and any of the projects that we've had recently so we are doing it along our frontage sidewalk on the frontage but that's all we're committing to thank you. Side walk in right away I believe along your frontage. Right away dedication five foot sidewalk and a four foot bike lane. Other other questions comments. Anyone in the public. Not let the record reflect no one else in the public has to speak. I would cut a public hand to be closed as a matter of fact for council. It's been a property movement second Madam Clerk we open the vote. Close vote. It passes. It passes seven. Thank you are there any other items to come before the council at this time. Not the meetings adjourned at eight o'clock two p.m. Thank you.