 Good evening. We'd like to call the Durham City Council meeting to order at 7.03 p.m. Monday August 3rd Certainly, I'd like to welcome all of you that are here with us this evening If we take a moment of silent meditation, please Thank you. Ask Councilman Leave us in the pledge Do you call the roll please mayor bill present mayor pro Tim Cole McFadden Councilmember Brown Councilmember Cotati Councilmember Davis Councilmember Moffitt and councilmember sure we have One proclamation to present this evening as many of you may not know tomorrow is an annual national event called national night out When neighborhoods across the city together to meet their friends and neighbors and I have an opportunity to speak and Meet the city council members of police department, etc. This proclamation speaks to that event and The proclamation reads whereas America's national night out against crime known as NNO is a unique crime and drug Valence prevention program that is sponsored annually by the National Association of Town Watch and spearheaded by locally by the city of Durham Police Department Whereas on Tuesday August 4th 2015 Residents and citizens alike will observe the 32nd annual national night out against crime by joining forces with more than 16 plus thousand communities Throughout the United States US Territories Canadian cities and military bases worldwide Whereas an awesome 38.1 million people are expected to participate in America's national night out against crime in Durham There are more than 100 neighborhoods and community groups that have registered to hold NNO events Signifying neighborhoods year-round commitment to promote police community partnership in conjunction with crime drug and violence prevention safety techniques and neighborhood unit unity Whereas the observance is supported by the public safety forces of North Carolina Central University police Duke University police the Durham County Sheriff's Office and the city of Durham Police and Fire Departments Who is central in helping to promote NNO and Cooperative crime prevention efforts Whereas NNO is supported by the act of participation and in-kind services of local government Community agencies and businesses who are committed to the city's mission to provide an excellent and sustainable quality of life Whereas the city of Durham debuted on the NNO award scene in 2006 and each year following has consistently ranked among the nation's top 15 participating participating NNO communities consistent of comparable populations Whereas the department during police department extends special appreciation to the 2015 NNO neighborhood Coordinators veterans and first-timers for the extraordinary sacrifice of time and resources to bring police and neighborhoods together Under positive circumstances and to demonstrate a true sense of community now For I William V. Velbell mayor of the city of Durham, North Carolina do have by proclaiming Tuesday, August of 4th 2015 as national night out in Durham and do hereby call upon all citizens to join the Durham Police Department This local law enforcement partners support community agencies and the National Association of Town Watch and supporting the 32nd annual National night out which by hand corporate city of Durham, North Carolina just the third day of August 2015 I'm going to present this to a public affairs manager Thank you Thank You mr. Mayor I will go in the public affairs manager I stand before you tonight accept this on behalf of Chief Lopez and also our long-time NNO Coordinated Kimberly Walker now I would be remiss if I didn't mention that Chief Lopez It wouldn't be standing here tonight if it were not for his 40th anniversary He's celebrating with his wife this evening and we all know if you've been married for any amount of time that 40 years An occasion to be celebrating I do want to mention that that Kimberly herself is that our NNO kickoff event, which is our BLET Academy Graduation this evening our 41st. We were actually graduating 25 soon to be police officers tonight Check out community. So that's our kickoff event. I do want to mention that at about this time tomorrow night Nearly 105 communities will be celebrating National night out which is a very important event. It's for one night. We celebrate Our communities our citizens Things they've done to keep Durham safe And it is our goal going forward to celebrate more than just one night throughout the year The things that we're doing our communities to keep Durham safe It's also a goal of ours to continue to engage our citizens To engage our community. We need their help to keep our community safe So I just want to thank you guys and just mention again that national night I was a very important and we will be celebrating tomorrow from 7 p.m. Until thank you Meanwhile, let me ask other comments by members of the council Recognize Mr.. Mayor, thank you I see many people here mr. Mayor and the audience who are here who have been protesting At the residence in and I don't believe that we have an agenda item for that and I was wondering if they were Going to be heard if not, I do have some comments that I'd like to make But I wasn't sure what your pleasure wasn't what your plans were. I Don't see an agenda item for that if you want to make comments Be appropriate to do it this time Well, just briefly I wanted to say to those of you all who are here and I wish I spoke Spanish well enough to do it in Spanish But I want to say that All of us on the council take very seriously the concerns which you all have raised about the Non-payment of wages at the For the construction of the residence in We are not able ourselves to make any The council or the city can't be the middle person the negotiator between you all and the and the contractor, but I do think there's something that we should do and can do and that is We have incentivized the construction of the residence in With if I'm not mistaken a five hundred thousand dollar city incentive to keep the historical facade at the Old McPherson hospital as part of that project We're not scheduled to make the payment to The residency and anytime soon We're not paid until probably until they start paying taxes, which won't probably be over a year from now but I do believe that Until we ought to not be making that incentive payment until we are absolutely a hundred percent certain that the wages have been paid and Again, this is not something we can adjudicate someone else has to adjudicate this Someone else has to figure out that figure that out and I know that there are disputes between Those of you who feel like you have not been paid and the developer, but I would want to be certain That the wages have been paid Before I think we ought to be making that incentive payment. So Just wanted to offer those comments, Mr. Mayor since it's not on the agenda appreciate the people that have come here tonight But thank you recognize Councilman Brown then the mayor protein That's fine, but I want to recognize Brown Just to add a little bit to what my colleague Steve Shull has said The incentives are not scheduled to kick in until January of 2017 So that is a long time My suggestion To you as a group is Rather simple and that is I would perhaps go to the can organization or Some other facsimile organizations And try to get an attorney who will represent your calls. Hopefully pro bono That is to say without charge We've had this happen before it's it's never come before counsel because that's what these other workers have done So at least in my judgment That's your best bet. I know you're upset and I fully fully understand that and But we're looking way down the road folks and you need your money now So I would go ahead. This is just my Judgment on this and hire attorney so we can end up in in the courts or else You can adjudicate this In arbitration or whatever, but that is your best strategy And thanks again for coming Thank You mr. Mayor there is a Or I should say as I have communicated to you over the last week The Office of Economic and Workforce Development has continued to Try to look into this matter There is a Memorandum from them that I emailed you a short time ago that has a summary of what they know to date it does appear that It's not the developer as Mr. Schul indicated them, but one of the subcontractors is where the dispute lies But ultimately the process by which that can be adjudicated somewhat as mr. Brown indicated Is not through the a city investigation? I mean a city City mediation it's going to have to come through a more formal contract dispute or Mechanics lean dispute resolution. Maybe mr. Baker can talk about that The staff will continue to monitor that will say to stay in touch But I'm really absent for what else what other remedy we as the city council of the city administration can perform at this point Other than try to encourage a process that it gets a more formalized review of the dispute Mr. Baker knows that anything else then Thank You mr. Manager, and and I really don't have anything beyond The fact that I would assume that in the contracts between the subcontractors and the individuals who haven't been paid that There should be some sort of adult dispute adult Alternative dispute resolution to to get to that, but we'll certainly in my office is looking into this as well In terms of what what realistically can be done, but there's very little On the city side that we can do other than to express the concerns that I think have been expressed already Because we're not in privity of contract with these individuals I Can ask the mayor program The Department of Labor Be a good resource for them at this juncture. That's a possibility I don't know all the ins and outs again of the relationship or what what work was done I know that there is a dispute and there are typical ways of Going through the process of resolving these disputes. Okay. Thank you Any other comments when that's up If not, I have two announcements I well one is an announcement one is the follow-up to a Email that I share with my colleagues on the city council to include the city manager and the city attorney concerning a rental Program assistance rental program that I'm suggesting I'd like to see to look at targeted primarily for the downtown area and The proposed transit stops within a half-mile radius I'll speak to that when we get to staff proposal on Some incentives that they have Recommending and I'm aware also that this is an item that's going to be discussed at our work session But I wanted to put up at this council meeting tonight For two reasons one. I thought it's important to bring it to this point and to the city manager will not be at our work Session, so I want to make sure that he's aware and I've had some conversation with him about that also But what what I'd like to speak to now some of you may or may not have seen a 60 minute program last night I think last night concerning the Washington Nationals baseball team and how Besides the fact they were highlighting one of their Leading ballplayers. They're also speaking about the interest in baseball in this in the city of Washington and what they were doing and Probably most of you for many of us baseball has been the sort of American national pastime and Obviously, there's concern that it might not be attracting the number of fans and To the to the games that they have so there's an effort to try to boost Baseball when I attended the US Conference of mayors recently they have evolved upon a program with the National baseball teams to really try to promote the value of baseball and communities and Obviously we're home to the Durham Bulls. It's been a very important part of our economy part in part of our culture and entertainment So during August mayors across the country are supporting the initiative by focusing on the fun nature of Baseball and encouraging participation in the sport from running bases and playing Catching your own neighborhoods attending minor league and major league games And of course with the popularity of our own Durham Bulls Baseball team and the deep app right in our front yard promoting baseball. It's not a difficult task in our community At least it shouldn't be so on Friday We will focus special attention on how much fun baseball is and how it is a sport that teaches our young people valuable life lessons of teamwork Perseverance leadership and governorship and sportsmanship Just prior to the Durham Bulls game on this coming Friday Friday night between 630 and 650 on the at the Durham back the what we call DB YAL blue jays, which is a Stands for the Durham Bull Youth Athletic League They will be participating in the Bulls pregame activities on the field and there will be a special ceremony For recognizing the team members and show our appreciation to the Bulls organization for the commitment to Durham youth You all invited to attend if you can't make it the public affairs office will be posting pictures of the city's Facebook pages and on Twitter Durham is very happy to support this initiative and recognize 2015 August 2015 as a played ball month and again as I said most of the cities across the country Special those that have minor league teams and major league teams will also be participating So that's an event that we would invite you out. It's just coming Friday August was Friday 7th the 7th DBAP and again the activity is going to be between 630 and 650 when we recognize the young people who've been so important and so Engaged in the activities of baseball I'm going to ask now if there are Prioritized first by the city manager. Thank you. Mr. Mayor. No priority items to see Likewise city attorney. Thank you. Mr. Mayor. No priority items. Likewise the city clerk Yes, mr. Mayor members of the council item number 39 on your agenda zoning map change Bay old green road due to the withdrawal of the signature the protest petition has been ruled invalid Except the city clerk's Prioritized It's been properly moved in second Madam clerk. We open the vote Those voting yes, we hit plus Passes seven as you thank you We'll go through the agenda for those who may not have been at our meetings We go through the agenda their consent agenda can be passed with a single motion If a member of the council or someone from the audience pulls an item from the consent agenda We will discuss that item later in the meeting and again I'll just read the heading of each one of the consent agenda items on the order services department trans management performance audit June 2015 On the city county inspections department item to renewal of the Durham City County and the local corporation agreement for inspections, which is I'm on the wrong one. That's my tablet going Okay, I Guess you guys are wondering where we were Thank you, that's technology for you. Okay, let's start again on the consent agenda I didn't want approval city council minutes item to human relations commission appointment Item three is the Durham Housing Authority Board of Commissioners appointment Item four is the Recreation Advisory Commission appointments Item five is the passenger vehicle for hire commission appointment Item six is the Durham Planning Commission appointment Item seven is extension of terms for city council appointments to the Durham Workforce Development Board Item eight is the mirrors nominee for a reapportment to the Durham Board of Adjustment Item nine is 2014 Durham Board of Adjustments annual report Item 10 is 2014 Durham Historic Preservation Commission annual report Item 11 is 2014 Planning Commission annual report Item 12 is the Raleigh Durham International Airport Federal Aviation Administration grant offer FAA AIP grant number 3-3 7-006 6-046-201 5 Item 13 is an additional architectural and internet services for Southside home on this phase 1 Item 14 is granted Raymond for sidewalk construction on NC 751 NC 54 tip number you dash 4726 Hj Item 15 is execution of addendum number 1 to supplemental article number 9 number 4 for Jordan Lake Partnership regarding phase 1 of the triangle regional water supply I am 16 is ordinance to correct FY 2015 2016 water and sewer fee schedule I am 17 is amendment number 1 to contract for computerized maintenance management systems software and related services Item 18 is contract SR 61 senator sewer systems repairs 2015 Item 19 is the bid report for May 2015. I'm 20 is the bid report for June 2015 I'm 21 is installment financing contract series 2015 for fleet I'm 22 is sell towel lease and license the dream was Brent con Inc Item 23 is the lease to the Museum of Durham history at 521 West Morgan Street Durham, North Carolina parcel number 1 0 3 1 1 2 I am 24 temporary staffing services Item 25 is contract for athletics book an agent I am 26 as a contract for rental equipment for paving operations Item 27 is the private driveway pipe ordinance revision section 62 dash 92 Item 28 is the Brian ordinance revision section 62 dash 16 I am 29 is Microsoft enterprise software licensing licensing agreement Item 30 is munis software annual support and license agreement for 2016 Item 31 is frontier communications analog lines agreement And I was 36 to 41 and 43 items that can be found on the general business agenda Entering the motion for the approval of consent agenda It's been proper move the second round click we open the vote close the vote It passes seven to zero. Thank you We'll now move to the general business agenda for public hearings Item 36 is a comprehensive plan amendment for 2512 vessin Avenue a 15 0005 Thank You mr. Mayor members of council pat young with the planning department I can first certify for the record that all public hearing items before you tonight have been Advertising in accordance with the provisions of law and there are affidavits to that effect on file with the planning department The case before you is a 15 quadruple 0 5 25 12 vessin Avenue And this is a proposal to amend the future land use map of the comprehensive plan for point six five acres of land immediately to the east of Lakewood elementary school from its current designation of low medium density residential to medium Density residential and to change the applicable development here from suburban to urban if approved this change would allow for the Companion zoning map change request which follows this item to be considered and favorably recommended by staff Staff recommends approval based on our finding of compliance with the four criteria for plan amendments identified in the unified development ordinance planning commission considered this item at its May 12 2015 meeting and recommended approval by vote of 11 to 0 Thank you, and I'll be happy to take any questions This is a public hearing the public hearing is open Let me ask first are the questions comments by members of the council and the staff report if not Other persons in the audience that want to speak on this item. This is a public hearing You have an opportunity to speak if you do if you could just go to the clerk's desk and then come to the podium right and Yeah, she can sign up your name and address and etc. Let's you've already done it. This is item 37 Mr. Mayor I'm the developer I'm the developer. I'll be happy to answer any questions if you have I don't have anything to say about it unless you have questions Thank you other questions of the developer If not I'm sorry. Do you want to speak? What you can do you can speak and then sign up late after you finish speaking Save time if you just give us your name and address, please and you have Three minutes. Thank you very much. I'm Molly Renda and I'm a resident at 2412 here on street And I just wanted to know if there were plans in place already for the development of these parcels Or is this just a preliminary We also when we applied I had a neighborhood meeting So that was my question. No problem. Thank you when we applied we had a neighborhood meeting really we had it twice and What we are presenting is to replace the two duplexes that were non-conforming there with one conforming duplex that will also Fit in that neighborhood. So there's nothing unusual in the building itself and it's only going to be one duplex Are there other questions again, this is the public hearing Let the record reflect no one else asked to speak on this item I would declare public hearing to be closed matters back before the council The property and moved in a second madam clerk. We open the vote Those voting for were hit plus Close the vote It passes seven is your thank you. We moved item 37 the zoning map changed 2512 Besson Avenue Z 15001 2 Thank You mr. Mayor members of council pat young again with the planning department This is the companion zoning case to the previous plan amendment case point two nine four acre parcel Located a 2512 Besson Avenue Located immediately to these liquid elementary the request is to change the zoning map designation from its current designation of residential suburban 10 To residential urban 5 to which would allow for the development of a duplex With the approval of the companion comprehensive plan item this request is consistent with the comprehensive plan and other adopted policies and ordinances staff determines that this request Meets all these ordinances and policies and planning commission recommended approval by vote of 11 to 0 at its meeting of May 12 2015 I'll be happy to take any questions You've heard the staff report again. This is a public hearing the public hearing is open Let me first ask other questions from members of the council We do have two persons that have sounded to speak on this item any questions from the council if not like to recognize Queen Esther Walker if you can come to the podium to the right, please and Jonathan Dyer That's you okay. All right, Miss walk you have three minutes My name is My name is Queen. That's the Walker and I live at the property at 25 27 Vessin Avenue Here in Durham, and I'm just a concerned neighbor at that residence about the zoning that's going on and I'm here to listen and Be Recommended of any ideas that need to take Further action on that street at Lakewood Elementary School. Okay. Thank you The developer is the next speaker, so I Like to recognize you might want to address her questions if you can add any more specific Have a seat here Miss Queen, right? Yes, so The only difference that's going to happen right now is if you remember there were two non-conforming houses Duplexes on that corner with the school there were two duplexes that were like one that was Perpendicular sorry, thanks to the other Right across the street So we tore those down They had they were asbestos buildings that we tore them down and we're planning to put one duplex there instead of those two That's the whole the only That's the only deferring issue that would compare it to what you had there before The we need the map change to allow us to build the duplex with the setbacks that the city Guidelines guide us to do That's the only thing we're asking for Oh, I haven't other than that. I I don't know of any other plans for that street Maybe someone from planning department could could address that Miss Walker if miss Walker if you're going to speak I'll actually come to the microphone It's fine. I just want to make sure you're on the record the staff have any comments Sure, mr. Mayor, thank you There's no current other pending proposals for rezoning the use permits on that street The future lenient designation is consistent with the uses that are being proposed by the applicant tonight So there are any other persons that want to speak on this item. This being a public hearing matter If not let the record reflect that no one else asked to speak I would occur to public hearing to be closed in aspect before the council It's been properly moved in second matter click we open the vote those voting for hit plus we close the vote It passes seven a zero It's been probably moved in second amount of click we open the vote Again those voting plus four and we hit plus we close the vote It passes seven a zero. Thank you Move to item 38 zoning map change Garrett Ridge Multifamily Community Z 14 0 0 0 2 2 Thank You mr. Mayor Pat Young again with the planning department The case before you Z 14 0 0 0 0 0 0 2 2 Garrett Ridge multi-family is a request to change the zoning map designation of 10.18 acres located at 4904 and 50 10 Garrett Road Which are on the west side of Garrett Road just north of old Chapel Hill Road from its current designation of residential suburban multi-family To residential suburban multi-family with modified committed Element to allow cross access between two properties under common ownership Each of the parcels involved in this Request were zoned in 2001 in 2007 respectively with residential suburban multi-family with a development plan And at that time those committed the committed elements associated with those cases did not allow the requested Cross access so this item before you would allow that access to be provided Staff determinants this request is consistent with the comprehensive plan and other adopted policies and ordinances and the planning Commission Recommended approval of the item at its May 12th 2015 meeting by a vote of 10 to 1. I'll be happy to take any questions. Thank you again This is a public hearing you've heard the staff report. I would ask the comments by members of the council on this item If not, we have one person that is signed up to speak is anyone else that wants to speak on this item if not, I recognize Ron Harvard and You have three minutes. Thank you. Mayor veiled members of council Ron Horvath 16 consultant place Durham This is to bring two projects that were approved separately by different developers or it's now under one developer And he'd like to connect them with Driveways and that's the only purpose. I'll be glad to answer any questions. Thank you You've heard the developer recognize councilman shul Thank You mr. Mayor This may be a question for the staff Or the developer. I'm not sure who's the best able to answer it But so it looks to me like the applicant is saying that they've got a rezoning request in process Which will we will presumably see some later time which would allow him to put 132 units on the property. Can you explain that as if I got that right? the but both properties are either developed or under development and What the proposed the future rezoning would do is ensure that the future lean use map designation is consistent with the number of units that are being developed and The applicant may wish to speak to the circumstances behind that situation Mr. Shul the the number of units are in the current two Parcels that are being joined together by a driveway. That's the total number of units There's a future third parcel that we also want to connect to because we are bringing another case forward We don't want them dumping out on the Garrett Road again We want to keep all the traffic internal and they will be under one ownership So is that what the rezoning is about? No, this rezoning is strictly This future rezoning that was mentioned in the is a is Additional multi-family units on the third parcel. Okay. So that's the difference between the hundred and fourteen and the hundred and thirty-two I would presume. Yes Thank you. And The developer is dedicating 15 feet of public right-of-way along Garrett Road There's no sidewalk there. I'm remembering and So dedicating right away, but not putting in a sidewalk Oh, no the sidewalks going in and the road is being widened to three lanes across our entire frontage Including the future parcel. All right. Thank you. I missed that but that has been proffered. I Don't know if it's proffered, but it's being built now. Okay. Well, that's better than proffered. Yes Thank you and then Just want to observe that it's great that there's going to be ten bike parking spaces, but it's it's hard to this is not a very bikeable area without bike lanes and So I just want us to keep that in mind. It's it's great to to have bike parking, but We're doing our part with widening the road and providing bike lanes in our section, but that is that yeah You are doing your part for that, but I and I appreciate it, but did one observe that So the mulched walking trail is going to as I read this go sort of Connect with the 40-foot sewer easement. Yes We have a sewer easement going out the back to that 40-foot easement that occurs in the core property and that is a future trail Okay, that's what I wanted to know fabulous. Glad to hear that. Thank you very much. Mr. Mayor Are there other comments first as I want to speak on the side? Do you want to speak on the side of sir? I tell you what you can go to and state your name and address and then You can sign the card is it on the side if you want to speak? Yes here if you just state your name and address and then I'll fill out the car later Okay, I'm Doug Daffron at 47 52 Garrett Road, and I'd just like to know I just I have the property behind the Fred Astaire dance studio up on the on the hill and When you mentioned the walking path I'm just kind of curious to where that walking path is going is it going down where the Corps of engineers is where the that part is going and will it go through your From your part to the end of it or Okay, it runs down through here it runs down back in here. Yeah, it's just it usually it goes right through here Yeah, okay. I'm just I'm just a little curious and how many and what kind of units are these are they similar to the ones that Tycon Tycon is a developer. Okay. Got it. So got it. Okay. I'm just curious I just wanted to know what's going in that area since I'm right behind them. Thank you very much Other questions Is anyone in the public who wants to speak? Let the record reflect no one in the public asked to speak I'd occur to put them to be closed as a matter of fact for the council It's been property and moves in second madam clerk. We open the vote Again, those holding forward hit plus It has a seven is It's been property and moves in second madam clerk. We open the vote those will For we'd plus it has a seven is zero. Thank you properly City managers gave me his So the next item is item 39 Zoning map change for bell ring Road Z 140 0 0 2 6 Thank You mr. Mayor members of council pat young again with the planning department The case C 14 0 0 0 2 6 bell green road is a request to change the zoning map designation of 23.8 acres of land located at 823 Bell Green Road Which is that the eastern terminus of Bell Green Road at Silver Star Drive from its current zoning map designation of residential suburban 20 To planned out development residential or PDR 4.0 1 0 This would allow for the development of 95 single family lots The request is consistent with the future land use map designation for this area Which is low medium density residential four to eight units per acre the development plan associated with this request does include Commitment to limit the housing type to single family and accessory uses to single family and Graphically commits to the general location of site access points and tree preservation areas Staff determines this request is consistent with the comprehensive plan and other adopted policies and ordinances and the planning commission Recommended denial of the side of met its June 9th meeting by a vote of 8 to 3. I'll be happy to take any questions Okay, you've heard the staff report. Let me ask first Members of the council have questions recognize Councilman Davis Thank You mr. Mayor. I guess I want to know from the staff based on the Planning Commission meeting What was the nature of the? Mentioned that the development was not reasonable Not in the public interest I don't know if you recall what the reason for those Concerns were Sure, thank you councilman Davis the You characterized the finding of the Planning Commission, which was that the as part of the recommendation of denial The Planning Commission found that this case was not in the public interest for two primary reasons based on the discussion at the meeting One was neighborhood concern about transportation impacts and the second was that neighborhood concerns about the Density of the development being out of character for the adjoining area Those were not reflected in the staff report because there wasn't that wasn't directly consistent with the Paul adopted policies But that was the concerns expressed at the Planning Commission by neighboring citizens and that the Planning Commission took into account Other other questions. I'm over the council if not we have Two persons that have signed up to speak as proponents of this program we have Three persons that have signed up to speak two people to sign up to speak Opposing the program the reason I'm saying that I'm trying to find out other other persons that want to speak so I can Determine how much time we're gonna allow for this So is there anyone who wants to speak on this item that is not signed up would speak as part of public hearing Okay, we'll go with what we have and I recognize first the developer Let me set a time on this Let's do let's try ten minutes first for proponents and opponents and then we adjust that as it goes If the developer proponents will Identify yourself your name and address Sure. I'm a attorney Floyd McKissick 835 North Magnum Street Durham, North Carolina, it's my law office. I'm here on today on behalf of the applicant In support of this particular rezoning request. I believe it's a fair It's a reasonable request and I have some a PowerPoint presentation We'll try to go through it real quickly to give people an overview of where this site is located One of the first things I did when the developer came to me was to take a look at the site and see exactly whether it was an appropriate site for the proposed use that we Anticipated here, which was in conformance with the comprehensive plan comprehensive plan anticipates four to eight units per acre on this particular site What we have here is a site that's right behind the UDI industrial park off of Bell Green And likewise, it's a situated in a location where it's a 23 point eight acres of open space today The proposed use is for 95 single family lots. It's anticipated that based upon the The size of the lots what you're likely to see is very affordable homes built in this particular location Probably the most affordable market rate single family homes that you will see in Durham Built on this side of MLK Parkway going towards South Point Developer has propped to limit the site to single family homes And accessory uses developers proper that the general locations for access points Will be provided and likewise for tree preservation areas There's about 20 percent tree coverage which is being specified over about 4.75 acres the development is totally compatible with all the existing uses one thing Which I did before I even agreed to help this particular applicant with this case was to go out and look at the site Look that it one Thursday morning during peak hours And this is an overview of the site itself in terms of an aerial if you look at that You'll see that Bell Green is right there intersecting with Fedville Road You'll see this track of land here, which is pretty straightforward I can try to identify a little bit better on that map there Being in that area if you can see that a little bit in that vicinity in any case when I looked at it 745 815 In the morning no traffic issues came back the next day 233 o'clock No traffic issues came back at about five to seven there were no traffic issues We have a site here where Bell Green is a type of thoroughfare It's about 30 feet wide right now Curb and gutter is in place if you had to come up with a compatible use between this light industrial area and Between the existing single family in the area you could not find a better transitional use in medium density Housing as proposed the comprehensive plan I've personally worked on three updates of comprehensive plans here in Durham And it makes sense to logically put that type of development here the single family Detached housing that's proposed is at the low end the very low end only four units per acre Completely compatible with the duplex housing medium density townhomes and single family homes that are back behind it the product the developer is basically indicated that Since it will generate an additional 19 students that they will donate to Durham County Public Schools $10,000 to offset that cost that is in excess of $500 per student Likewise the developer in light of hearing some concerns that have been addressed has agreed that they would also Provide sidewalks sidewalks going down the entire length of site all the way down to federal road where American tobacco trail is At additional cost to developer and that would be constructed at the 40-flotten development. It's done the increased traffic here We're talking about probably 529 trips per day if you look at that over a 24-hour cycle It is relatively insignificant if this thoroughfare were a rated thoroughfare It would be probably rated an A or B this particular photograph here shows you one element of the site If you can go a little bit further here the next site that you can see the site frontage there going along Belgreen That's the site going all the way down toward federal road. That's a house that adjoins the site That's the UDI Park and that's where it intersects with Fedville Road That's an intersect you may all be familiar with Fedville Road is scheduled to be four-lane in this area from Riddle Road going all the way up to Barbie That is scheduled to occur within the next year once that is done There will be right outs only leaving Belgreen on going on the Fedville Road and likewise right ends only occurring The traffic issue here is more about apprehensions. It's all about fear It's not about real traffic generation numbers that can be factually substantiated This would be a thoroughfare rated as I say an A or B if it were rated so we would ask for your support I have Mr. Tata here Tata, excuse me Tony Tate who can I've been dealing with Tata for so long He's not that bad of a guy. He's actually pretty reasonable, but Mr. Tate if you could come forward As an architect for this project and he'd be prepared to answer any other questions provides more view of interaction with the homeowner's in the area Good evening. Mr. Mayor members of council. I am Tony Tate one letter off from the transportation secretary Just wanted to say that my firm is the firm that presented the plans and the applications to staff for this particular project and I'm just want to say that, you know, it's it's bound on the north side by an industrial park multi-family apartments and so, you know just by you know the way way typically we look at planning is that you step down from those industrial uses into a Zoning categories and designations that make sense and you step down from your density from the highest to the lowest and we feel like That's what we're doing here with this particular project and so It has access to Belgreen Road Early in the in the process we you know, we've had two main neighborhood meetings and we've met some met some good folks We've had some good conversations. We've answered a lot of questions and tried to understand their concerns and Understandably, you know people have concerns. So we've tried to adjust those Just like I don't want to go over anything but hold some time left And we meet all UDO requirements and we meet the the comprehensive plan and You know my opinion I feel like that what we've proposed is what the city has set out for that particular site is again as we Step down and transition and zoning so I'd like to hold any any additional time that we have left to answer your questions or questions from the neighborhood, so thank you I Do any of the council members have questions Developers time if not, then we'll move to persons who want to speak in opposition. Well, Bill Ripley, you'd sign up Were you a part of this? Mr. Ripley like to reserve this time these persons are signed up to speak Australia clay Deborah Morgan Pam oxadine So if you proceed to the podium to the right And again state your name and address for the record Based the fact that we have three people Three minutes for each one Okay, good evening. My name is Pam ox and I live at 503 to Robinwood Road We had met with the planning Commission a Couple months ago and we heard about the development and they asked us to meet with the developers and we did We had a couple of concerns the neighbors and a couple of neighbors are here that have been in the community for over 30 years When we met with developers our key question was What type of homes they didn't have a plan at that point and I assumed that they still don't have a plan of what Type of homes were going to go there The other thing was we wanted to know the value of what was the homes that were going in there They weren't able to answer that either our main concerns were three safety property value and traffic The safety on the issue there we have several Children who ride the bus to take the bus right there at Belle Green as well and there's a lot of kids in that area So that was one of our concerns And we mentioned the sidewalk issue the other issue was wanted to know of course the property value But our main issue was the traffic If you double the density in this particular area and you have to really know this area I go out every morning to work. So I know where what happens there. I just don't go one day a week like developers attorney was telling you that It meets Bill Green meets with Fayetteville. It also meets with Barbie Road There's a park right there and it's also a tobacco trail. So it's a lot going on in that corner But the main thing is we ask the developer is that another way to have another streak to go out because there's nowhere else to get out You double the density in there. You're gonna landlock people You're gonna put more people in a smaller area to get out Belle Green is the only street to gets out to Fayetteville directly They can go other ways, but they have to go into the community of lock side So they would have to go in between and down the streets to get out So that's why we asked the planning commission not to approve this Resoning because of that reason it would double the density of the people in there And it would increase the traffic in the area and will not have the quality and the character of the neighborhood It is there now So when you look at Belle Green Fayetteville if it wasn't a traffic problem, they would not be Expanding Fayetteville. It's a huge issue right there already with traffic every morning So Well, we asked the developer was to look at possibly another street that could take the people out that are going to be in this area It looks really pretty on the when you look at it like that on the paper and on the Public on the PowerPoint, but when you actually out there and you see that land and how is landlocked It's not so pleasant. I can't see how even people will want to live in there and not be able to easily get out That's the issue right there is being able to get out We are asking the neighbors in that area of Robinwood, Belle Green and even a lock side and also A Rendo, thank you. Oh my time is up. You would not approve this rezoning. Thank you. You're welcome Deborah Morgan I'm Deborah Morgan. I live at 3401 Rainbeer Drive in Durham. I also in the community of lock side I'd like to thank you for the opportunity to present our concerns about this rezoning request If you didn't see the email I sent earlier today with our unofficial protest petition I have it Right here we have 118 signatures from homeowners who oppose this rezoning Including 85% of the single-family homes in lock side They all could not be here tonight, but wanted a way to have their voices heard as well so on their behalf I'm trying going to try to summarize our concerns about this rezoning request We would like these the parcels in the rezoning request to be developed under the current RS 20 zoning the rules for developing under RS 20 provide limitations on the number of homes Lot size and setbacks that we're comfortable with Under the proposed zoning there are just too many unknowns about lot size What type of product would be built etc? And once that's been ironed out? There's no opportunity for our input We believe that if it were developed as a cluster subdivision like the single-family homes in lock side That would allow plenty of buffering from the adjacent more intense uses We understand the concept of going from more intense uses to less intense uses But we think that makes sense when the higher density development has access to higher capacity roads like Martin Martin Luther King This property does not border a higher capacity street like MLK It's in the back corner of all RS 20 properties the proposed rezoning more Just about doubles this density and would add an additional 529 trips a day through the adjacent RS 20 neighborhoods Because Belgreen Road is right in right out any traffic leaving this site that wants to go south must come past the front Doors of the RS 20 homes they can come down through lock side on Silverstar Drive Which doesn't have speed humps or they can go down Robinwood Drive, which does have speed humps We also believe that more traffic on Belgreen Road is a safety issue for pedestrians because there isn't a sidewalk And we're glad to hear that this developer Has decided that it would be a good idea to do that sidewalk And I'd also like at this time to thank the Bicycle Pedestrian Advisory Commission for making that comment That that that would be a good thing. I appreciate the time those volunteers put into reviewing these plans And I think if this goes forward and there's a sidewalk we have them to thank for their efforts as well So we would like to see whoever develops this property take the safety of these children Let me back up the middle and high school students as well as the school of the art students are dropped off at the corner Belgreen and Fayetteville Road and walk down Belgreen Road. We'd like to see whoever develops this property Take that Okay, we just like for it not to be rezoned. We want to keep it under the current RS 20 and developed that way Thank you Australia, Clay Good evening, Mayor Bell members of the council Let me agree with both ladies who have just spoken I live at the corner of Robinwood Road and Bell Green Road. I've lived there now for almost 30 years My major concern is the safety of the children who wait on that corner I stand out usually the parents because I'm retired. They say watch my children Make sure they get on the bus make sure they don't go any other way and make sure They're safe which I do and by cell phone. I can let those parents know I'm concerned about those children who walk up Belgreen to catch the bus on the corner Sometimes when it's raining I would take some of those children and wait for them To catch the bus on that corner I beg to different with the attorney who spoke about the traffic at the end of Belgreen peak time You cannot get out of Belgreen in The afternoons you cannot get back in Belgreen and the traffic is heavier in on Belgreen Road If there are 95 single family Buildings houses Whatever they're going to be That's going to add more traffic to Belgreen Road to Robinwood Road and also going through lock side Silver star Silver star has been kind of a well-kept secret because people haven't always known that it's a through street But my main concern is safety my main concern is property value to and I'm also concerned about our trees We need to keep some trees around because all our trees are going in our animals Environment is being invaded. I agree with the latest so everything they have said you can add to my speech too. Thank you For giving me this opportunity You're welcome That's all the persons that have signed up to speak on this item is anyone else that wants to speak that did not have an opportunity to sign up If not developers have how much time? three minutes if developers would like to speak the mayor pro tem And then councilman Brown. I would like for the developers to speak to the issue of quality and set quality of the Development and safety And and the price range He's gonna figure this out. I'm gonna talk to you a second The ladies are correct we did not I'm sorry, excuse me bill Ripley 51 South Park drive here in Durham We did not discuss any particular product other than the fact that we are building single-family homes only We did in our neighborhood meetings expressed that the homes would be similar to the homes in lock side as far as size and as far as price They will In best case there were well in a general format There'll be three to four bedroom two and a half three and a half bath to car garage two-story homes So I don't think there'll be anything negative to the aspect of these the construction of these homes It will be energy efficient. They will be built with In today's world, most of us the cement siding And some stonework that we see typically in most new neighborhoods today in Durham carry Raleigh So if that helps answer that question, I don't we're not trying to do anything that would be unsightly I think that we have to sell these homes We have to have homeowners that want the bomb so they have to be attractive and I think they'll fit in contemporary with the lock side neighborhood Wanted to point out traffic. Can we get This map and I don't know. I don't know how to get on these Bellgreen does exit and T interstate interchanged at Fayetteville Road And that will be the predominant way to folks that out of this new neighborhood will exit Of course, there's three other ways to go out and that's as the neighbor said some of the folks will go down Robinwood toward Arendo doubt Barbie others will go out Silver star to Yorktown and come out the stoplight at MLK and others will go all the way through to 55 But if I lived at Bellgreen the easiest way if you want to go downtown Duke RTP Raleigh South Square, you're gonna go Bellgreen go north on Fayetteville and straight into downtown left on MLK to go to south Square Duke or right on MLK to go the park So the peak hour traffic, which is the most concern for everyone will be going to MLK And we have a great acts great road there for laying divided and fell the road before laying divided So I think the neighborhood traffic for 95 homes when lock side the neighborhood to the south is 185 homes We're not going to generate as much traffic as the existing neighborhood that was built in 2007 So I think we we are compatible It's a great location. We have so light park. We have an AT&T trail We have Pearson town school It fits the use for the location and I think it'll be a great asset for Durham appreciate your support the other question is Tell me what the sidewalk Will be constructed and where the kids As it relates to where the kids I don't know if you can see this on your screens or okay If you'll look at number one the site there is The kind of oranges site with a red line around it from there all the way the blue line that goes to Bellgreen to Fayetteville We'll build we have agreed and have a committed element We're profiting a committed element to build the sidewalk from our property all the way to the trail Sidewalk at the interchange of Bellgreen and Fayetteville Now do I understand that that's where the kids get the school bus? But there is no sidewalk here now All right, I have a question for Transportation Could you share your opinion on the on the traffic congestion that would be generated by this development, please sir? Yes, the Neighborhood with 95 homes is projected to generate about a thousand and two trips per day the existing Bellgreen Road has a capacity of close to 10,000 vehicles per day, so It's really not going to generate a capacity problem I think a lot of the neighborhood concerns are sort of a quality of life perception They're used to a few hundred vehicles per day So when you add a few hundred more, they they see it as a significant increase or change, but it won't be a capacity problem second When do you anticipate the street improvements for Fayetteville will be completed so the the Fayetteville improvements are From basically Bell or from Barbie Road north which will include the Bellgreen intersection they are Acquiring right away now, and I believe they hope to let that project Sometime in the in the spring or spring of next year spring mid spring or summer next year for construction all right Could you speak to? When the development is planned to be completed or begin It's anticipated that there might be clearing activity that will begin in the fall of this year, but make your Construction of infrastructure would not really be until next spring The cost of the housing what what kind of price So if you would look at it in terms of the low end of the housing scale You're probably looking at about a hundred sixty five to hundred seventy five thousand But you know that it would be what I consider to be market rate housing That's affordable housing that many middle-income people could afford and very compatible with existing development and If one has a great keen interest in providing market rate affordable housing This is probably the site that I can envision it most being produced upon More so than anything else, and I'm aware of Out in the southwest to room area Thank you Reckon that's councilman Brown and then councilman Contatti may a pro tem several of my questions I Intent I have driven this area. I intend to support this proposal and I think that Mr. McKessick your comment about affordable housing Which we're going to be talking about later this evening is very salient We have houses now and at the south side development the city has been involved with Those houses are selling for probably 270 to 290,000 With some financial assistance from Duke, but I think is a real-state broker in Durham since 1980 This is This is a very good target for first-time buyers Frankly we need more houses in this furniture price range not less. Thank you, mr. Recognize councilman Contatti Thank You mayor. I wanted to start by asking staff if they have these as committed elements Thank You councilmember Cotati. We were just handed written version by the applicant We had seen a version of these earlier today The and they are acceptable they seem to be legal and enforceable there was a conflict on the Timing of the sidewalk whether it's prior to the platting of the 40th lot or prior to the 40th ceo We can accept either but we need clarification on that But otherwise this appears to be clear legal and enforceable So I think you're saying staff that you're waiting for an answer from the developer on whether that's platting or ceo That the planning that's my understanding the planning is that your mr. Madeleine would that be correct? Steve meddling with the planning department the proffers ask submitted to the staff by the applicant are acceptable and enforceable as mr Young indicated, okay, thank you I was wondering if the applicant could comment about the connection to MLK Since that was raised by sure at this point in time. It's not anticipated that it will be a connection to MLK At the same time obviously when things move forward if there's an opportunity to come up with something that Worked logistically that could be approved by staff. I think the applicant would be open to it But it's not anticipated right now. There will be a connection to MLK Did you want to comment at all about your efforts to explore? That feasibility of that sure at this point and why you're not committing to it Well at this point in time just in terms of being logistically able to do it to accomplish it would be a fairly Challenging task and of course I can also look to mr. Tate if you'd like to speak further on that We did talk with the city real estate department about the triangle or one-acre piece. That's the north East corner and has frontage on MLK. We assumed that that would be acts excess property And we could venture to buy that the problem was we still needed 60 foot at that point to get enough right away to have any kind of connection MLK and the Apartment first. I can't think of the name of it now the apartment there is A HUD finance department and there was no way they could while the owner of that apartment was Lives at the Outer Banks here in North Carolina was help happy to try to help us There was no way he could get the land or an easement out from under the HUD Financing mechanism Thank you. Thank you. That's helpful I Did go out to the site and I wanted to say that I too find it to be a reasonable use I think four units per acre single family is appropriate for this area and I too think that the higher density does provide more opportunities for affordable housing My first home in Durham We were on 6th of an acre lots and that's how we were able to give him land prices afford our first home Thanks Other other comments questions on this item Recognize councilman shul I was this is a question for our transportation staff, which is can you explain to me what the once Fayetteville Road is The widening is completed. It will be a right in right out of Belgreen. Is that right? Yes, as part of the Fayetteville Road widening It'll be to essentially a four lane divided section in there So there'll be a median in Fayetteville and an additional north and southbound lane in each direction, which will Base Belgreen will become right in right out at that point So no one will be able to turn left on the Fayetteville Road out of Belgreen correct exiting Belgreen They'll have to turn right and go north on Fayetteville and conversely Coming back in the evening. They'll have to go south past down the Barbie So does this make you anticipate that people who might have been how will someone who goes who was preview Who is currently going south on Fayetteville Road out of Belgreen? How might they now best try who how would they travel? How would they best travel south after the? almost likely travel south after the Construction of the new lanes would they go out our window Some of them some of them may I would think depends probably where you live within the 95 units Some of them may continue down Martin Luther King Jr. Parkway and go in through the through the lock side neighborhood there That would be a number of basically right turns first continuing south and having to make the left at Barbie I can ask councilman Cata Thank you, I apologize. I didn't read half my notes So I just wanted to say that I do appreciate the concerns that have been expressed by the neighbors I do think that the proffer of the sidewalk will go a long way towards helping with the safety issue So just wanted to add that. Thank you I like to ask the developers Much has been said about doubling the density you got How many homes there now? You're talking about 95 units. I'm trying to send double in the density In terms the existing number of homes around that area and that other joining development Oxide has 185 in the townhouse single-family section of Oxide The property to the east where just below the number three Cornwall's village There's 77 on the west side of Yorktown and I think there's 115 on the west side of Yorktown and Then there's 50 just do south of the intersection of Yorktown and Odyssey and that that's all I Did not count the lots over in Rodney Wooden or Dino. It is not a large number of lots Relative then you didn't raise the question Someone enable it raise the question. Could you explain how 95 homes double the density? I don't think that does I mean I think it's all a matter of scope and perspective and how large the neighborhood is if you look at the immediately adjoining neighborhood You will not even come close I mean 95 lots is half of the size now if you look at it being Sitting there is vacant earth today fallow ground and yes, they're gonna be more traffic generated from it But it couldn't remain vacant forever So, I mean the comprehensive plan anticipates four to eight units per acre This is coming at the very low end of that density range at four units per acre not up to the eight not of it six And and I know that hours and hours of time from our staff and for the public go into these comprehensive plans and and I think we should look at those plans and respect their integrity and When it happens that a project comes in Right there square within the confines of the comprehensive plan in the ordinance, I Would hope that council would support it Particularly since the traffic issues, I think have been appropriately addressed by our the staff from our transportation department Well, I noticed one of the residents had a hand up since the resident raised the question You have a comment. You want to speak to that? Can you come to the microphone, please? I Just want to answer that question Okay, so With respect to where while we're saying doubling the density the site is about a 24-acre site a little less than 24 acres So that's 48 units that would be able to be built under RS 20. They're proposing 95 So that's where we're getting doubling density from and I'd like to take exception to What was said by the transportation? Staff member about how you would go south you cannot go south on MLK, there's no access to MLK and the likely route the question of the likely route is probably down a Silver star drive in lock side because we don't have speed humps the other alternative is down Robinwood Drive, which does have speed humps and As far as you know the traffic we have a church on that corner that has three services every Sunday and During the week each congregation has it and they Drive past Silver star two. So our issue is if you have a traffic issue Don't make it worse. And that's why we feel the RS 20 is Reasonable for this area to preserve the property values that we have invested in thank you Could develop a speak to the question of why not our 20 versus what you mean In terms of the infrastructure for the site what it would cost to develop it It would not be financially viable or feasible to do the type of development that would be anticipated and Particularly to offer affordable housing options if you simply have an R20 zoning in this area It would be deeply concerning Challenging to do there certainly would not be any ability to proffer The sidewalk which is now being constructed all the way the Fed will road or the money of the Durham public schools are to be able to accomplish the goals of Developing this in conformance with the comprehensive plan And I think one issue came about safety I don't know anything inherently unsafe about single-family detached housing any of itself in this area and Certainly if it's about pedestrian safety the sidewalk will substantially enhance safety for pedestrian traffic Someone else have a question up to my left Let me Share my comments on this item I obviously I'm very familiar with my companies right next to it. So I go there every day I understand some of the traffic issues depending on the time of day that you go there in the morning and then even in trying to Make the turn into the old ring and make the turn out of it. I guess I'm also Trying to be sensitive to concerns that Persons who have invested in that neighborhood have about the change in the complexity of the neighborhood as opposed to what it is now That's why I asked why move from our 20 into a higher density development. I obviously have Thoughts about affordable homes my folks has been not market rate housing My folks has been less than that and I'll speak to that later But I just have do have that concern about changing complexity of that neighborhood Given what's already there and what's in existence. I I Think the traffic issues are an issue Obviously our traffic engineers have spoken about the capacity of that road that that that's one thing It's another thing that's experienced what you have to do when you're going into that neighborhood and coming out of it I value the offer of sidewalks. I think that obviously would be an improvement I doubt if you would get the sidewalks if this developer weren't proposing it I Understand the concern about the safety of the children who go to school there I would walk up to Veldrin to even make the bus up go to Pearson town or where they are So having said that that's my reluctance for supporting this But I'll vote at the appropriate time and if there are no further questions I'm going to close the public hearing no matter it's back before the council for a motion It's been property moves are second It's been property move a second madam clerk. We open the vote those voting four We hit plus those are negative with minus Are you abstaining miss? You mean did you mean to vote? Yes? It passes five to two with mayor bail voting no and mayor pro tem coal McFadden voting no Thank you. Let's move to the next item The consistency statement madam clerk we open the vote Close the vote It passes seven as you moved item 40 unified development ordinance text amendment the affordable housing parking and density bonus Thank You mr. Mayor Aaron Kane with the Durham City County Planning Department I'll be brief in my comments. You have the staff report in front of you But I basically want to bring up this text amendment is before you as part of our four-part strategy for affordable housing in transit areas There are basically two parts to this the first is regarding parking for affordable housing dwelling units The text amendment before you would remove the requirement for off-street parking provision for Excuse me units that are deemed as affordable housing and are newly defined in the unified development ordinance as a part of this amendment Parking may still be provided However, it is not required and we have not changed any of the maximum parking rates for it for the compact neighborhood tier I'm sorry. This is to remove the requirement for parking in the compact neighborhood tier The second part is regarding the affordable housing density bonus, which has been on the books for 12 years, but has never been utilized This would increase the density bonus in the compact neighborhood tier to three to one while leaving it at one to one for the Rest of the tiers in the city and county It would add a height bonus to accommodate any increased density that came from the affordable housing density bonus It removes the density the additional density bonus for having 500 feet of frontage on a major thoroughfare And this text amendment also as I said before clearly defines what an affordable housing dwelling unit is These changes are proposed in light of the fact that the current affordable housing density bonus has never been used since its inception in 2003 and is in furtherance of the goal that the City Council passed Looking to try to get 15% of units affordable to 60% of area meeting income within a half mile of transit stations Planning Commission recommended approval 10 to 1 at its June 9th, 2015 meeting. I'll be happy to take any questions Again, it's the public hearing. Let me ask the questions. I have some comments that I want to make but I want to hear from the council first and we have several people that have signed to speak on this item Are there any comments from the council this time? If not, then we'll go to the audience. We have one two Two persons that have signed to speak on this item. Is it anyone else who wants to speak on this item before or against if not let's do six minutes initially Becky Winder's and expensive Bradford Mayor beho is that six minutes each speaker? Yes Good evening. My name is Becky Winder's and and I live at 1304 Seton Road And I'm speaking on behalf of the coalition for affordable housing and transit And I think we have some supporters in the in the audience and I wonder if the people who are Here to support the coalition for affordable housing and transit will please stand up. Thank you Our group formed about a year and a half ago to promote affordable housing near stations for the future light rail System we want to thank the council for its support of our Resolution and for keeping focused on on promoting affordable housing around transit Since the resolution was passed and we also want to thank the planning department for all of their Hard work and professionalism and accessibility and all the all the many meetings and reports and research that's been done And tonight we appreciate the opportunity To to comment on this important element of the toolbox of an of incentives for private investment and affordable housing We'd like to make three points First the coalition supports the the density bonus and the park and parking reduction text amendment as as it Changes section six of the section yes six of the of the Unified Development Ordinance, and we think this is a a a good first step and in In Strengthening the incentives and but we still have more to go second but second we would like to ask you to amend the the Conceptual framework of the UDA to clarify the con the concepts of downtown and compact neighborhoods By adding the community's vision of equity socio-economic diversity and affordability Endurams densely urban areas as currently written the definitions and purpose statements in the UDA Speak only to density and to the physical characteristics of development Adding equity and diversity values would change that would change the framework for designing and evaluating development Perhaps socio-economic impacts of plans and proposals could be evaluated along with impacts on Infrastructure and the environment and who knows maybe we might include that Conclude that negative social impacts of intense urban development would require mitigation So we have have suggested some wording here And I know that we're coming in late with this proposed change after probably the to the to the text amendment Probably we've had we've met. I think I may have gotten my first draft of this thing about it in late February or early March, but it's So But we just it's taken a while to absorb What how the unified development ordinance works kind of? and so and our group got together and talked about how the Resolution should be reflected in the development ordinances and so we just we have some suggestions here just to make it convenient and easy and The words that in red are the the words in black here are are the current what's currently in the UDO and The the red words are the are our suggested changes And so we have at the beginning as a whereas for the text amendment If you decide that you could add this to the current text amendment amendment you could just shift add But you know we the council has already Passed this this this goal, you know, we've all agreed. We've agreed on this goal So that's the reason we're now asking to codify that goal in the the UDO itself So and here are the areas actually the the first two are definitions of the compact neighborhood Tier and the downtown tier and those are actually definitions in the UDO that are Restated from the comprehensive plan So if we were not going to stick it in to in the current text amendment amendment There should be a plan amendment also and then Then we found three zoning districts that relate to the transit stops that that would are compact district districts and would The kind of zoning you would have in these intense urban Areas that we're trying to create Or there that are coming that are happening So we have the residential compact district the downtown design district in the compact design district adding some Some two words the words to those Definitions currently as you read them there, you know, they just talk about the having density and pedestrian activity and That is what is in the plan, but I really don't think that's what the community wants the area to be So finally we need to keep on working to strengthen the regulatory incentives and thank you very much Welcome Next is Spencer Bradford Good evening. My name is Spencer Bradford. I live at 1613 Acadia Street in Durham I'm executive director of Durham congregations in action and on behalf of our board. I wanted to come tonight to Express our support for these revisions to the unified development ordinance and appreciation for the work and responsiveness of the planning department on this As a the first of many stages that will be needed to carry out the commitment that you've made to preserving 15% affordable housing around the Around the light rail transit We do want to also support the as members of the affordable housing and transit coalition express support for their recommendations to More particularly engage the goals of equity and diversity in the Development ordinance decisions that are made simply because of the length of Time of work that's going to be needed over the years to meet our goal and the additional tools that will be needed the tools of the bonuses That are addressed in these revisions We know are going to be important for the work that you in the city do to Maintain the affordable housing stock in our community And we would just like to see additional tools come into play to help make those very challenging goals More attainable for us all together. Thank you for your time You're welcome We have another gentleman would like to speak Let's do this He is signed up for the unpaid subcontractors. Oh, okay. Okay. Well, that isn't you explained that's not where we are No, no not now Not now now Are there other persons that don't want to speak on this item this been a public hearing item? if not Back to the council before I close the public hearing. I do have some comments, but I want to Recognize my colleagues first councilman Brown councilman Cotate. Thank you, mr. Mayor Like to ask Planning director to answer a few questions Becky no, no, I just I Wasn't calling you back. I was just wanted to Thank you for coming this evening and and for admitting that You were somewhat late and tardy on this one And you said that you've been working on this since since late February and March My calendar says it's August Mr. Madeline have You seen this before this version Steve Madeline with the Durham Planning Department a version of that was shared with the planning staff late last week by councilmember Brown We had an earlier version Obviously, we haven't spent any significant time at this point evaluating What is being proposed? I would just go one step further and advise the council and the attorney can step in here if he wishes that Whenever you do a text amendment, you don't have the luxury of writing text on the fly Especially when it's in different sections of the code then have been advertised for public hearing If if the council were interested in having the staff look at this Then it would be more appropriate just to refer it back to the staff to evaluate it put it into the queue for us to consider Is there an opportunity for it to be added to the work program either? If there is additional time this year or for consideration in next year's work program, thank you, I'd like to ask the City attorney basically the same question I Guess the key question for me, not only I guess you got this last week. I Got it tonight. Oh tonight Actually, I didn't get it tonight, but I passed it around tonight. There were only seven You're not worth From what you garner from this because I think you've got Is this actually legally enforceable So like mr. Medlin said, I I don't like to give legal advice on the fly particularly on something that I actually haven't seen But I have heard about So that the gist is and we've discussed this before You certainly have some some opportunities to incentivize affordable housing and to promote affordable housing the issue of mandating affordable housing through through some form of Inclusionary zoning has been the issue that we've been struggling with and we don't feel that You have the legal authority to do that. So again, I actually haven't seen this and if it's been sent to me I'm sorry. I I Haven't seen it but that's always been sort of our our bright line test of You know, you can't mandate it but for the discussions that you all are having for promoting it and incentivizing it Certainly a reasonable Well, I want to thank both of you for your comments. I would certainly concur. We would send this back to to the administration and Two key departments for further review At least that would be my judgment. Okay, let's recognize councilman Contatti and then councilman Moffitt Thank You mr. Mayor. I do appreciate this suggested revised language and Definitely think it has merit, but again, it's not something we can do tonight I do want to move the proposed UDO text change forward as written I do believe that in the future just as the Planning director just said that staff and JCCP see and others can take the language into consideration Possibly putting it in the queue and work program for this year. That's something JCCP see loves to weigh in on I do want to highlight just a few efforts, which of course I think most of you know that planning for and redefinition of the compact neighborhoods is well underway Staff are looking hard at that. They've had public meetings and they'll continue to be a lot more discussion on that Similarly, we have lots of ideas to be considered as both planning and community development staff move forward Working with the planned housing consultant that's on our agenda on Thursday. We'll be talking more about that enterprise I think and the principal Karen Lado or You know, we have Great expectations I would say for some of the things that they're talking about doing and then lastly We know that a UDO revision or overhaul is needed. It's 10 years old And I won't admit to missing the opportunity to revise that seven or 800 page document I read it way too many times. So anyways, again, thank you. It's great language and We'll look at it as we move forward, but not tonight. Thanks. That's councilman Martin. Yeah, I was just going to Say what my colleague council member Katani said, which is that I think that the that the staff Recommendation is ready to move forward that the other language that's been proposed this evening is we can refer back We can refer that back to staff for further consideration. Thank you That's come from school. Thank you, Mr. Mayor. I Have a question for staff you cited the Charlotte and Asheville and Raleigh parking bonuses and do they work and Will the dead city bonus work in a city with a residential market like Durham's I mean how I think I'm definitely in favor of this I think it's great to add it to the toolbox but but I have Well, so so I'm I wonder if you could just Comment about the ability of these to actually make a difference I would say that it's possible that they can make a difference. I wouldn't say that we could say definitively that Approving this will mean that there will be an increase in affordable housing development in these areas There's no way to parse out or any sort of linear regression or any sort of analysis That's going to say these tools will be the exact thing in your market that will work We have seen that density bonuses work in other places, but those tend to be areas that are Much more expensive than we are in terms of residential development Places like San Francisco You know Durham people are talking about how expensive Durham is getting at $2 a square foot for residential rents We see these work more when it's in the four to six dollar a square foot And we're not there yet, so I'm not sure that they will directly work, but I think they can be a piece come in in Consideration with other things that will come about through Karen Lido's work that I think that will all put together Something that will work in the future. Thank you and Can you talk a little bit about how a density bonus might possibly interact with zoning? that is Does this affect in some way how we should be zoning around the transit station? So we should we think about zoning to try to find a sweet spot where it'll be More profitable for the developer to want the denser zoning with the affordable units than to build a less dense project by right You know is there are there is there thought about what kind of rezoning possibly down zoning Should we doing around the future transit stations that might in some way interact with this density bonus or should it drive? Any kind of thinking like that that would be ideal and I think in a perfect world That's where we would end up is finding that sweet spot, but I think finding that sweet spot is about As difficult as me hitting a Nolan Ryan fastball so to speak it's it with market changes And market dynamics being able to find exactly where that zoning is and where that density bonuses is going to be Very difficult. It would be dynamic dynamically changing over time I Think the other thing we need to take into consideration as Counselor Cotati mentioned our work on compact neighborhoods We want to be cognizant of the fact that we may have two competing factors here, which is we want to Make sure that we have policies and regulations in place that will Encourage transit-oriented development and the kind of density and walkability for those areas Yet, we also have concerns that because of the lack of the ability to do Mandatory inclusionary zoning in North Carolina the rezoning tool is one of the only tools we have only that one of the only sticks that we have To compel the well, I don't want to use the word compel but encourage a developer to proffer Affordable housing, so we're gonna have to really look at over over time How we balance those two potentially competing Policy goals and hopefully find the sweet spot that it that gets gets us both. Thank you very much Mr. Mayor, I have at some point after your I don't want to I have some comments about what you sent us and writing I know you're gonna comment about it, so I just if you don't mind. I'll just reserve that until after you're done Is that good? Thank you Let me want to add one more thing mr. Mayor. I'm sorry, which is my appreciation of the staff Which has been expressed before by my colleagues, but I know it took a tremendous amount of work to get to this Erin and company and so I just want to thank you for it for it. It's a it's a good first step Thank you. Appreciate that I would just like for them to explore Under the caption downtown design The definition of preserving equity, I think that's the term that we sort of use Sort of lightly so it if you would tell me what that is not tonight Because I don't think we want to keep downtown as it is You don't want to preserve what it is. I think we need to enhance Racial equity, I think we should have more specificity Thank you. I have Several comments and I'm going to add to what my colleagues have said I appreciate The effort that the staff has made I know this is not Not an easy task by any stretch of imagination And trying to develop tools, but it is a tool that hopefully if we adopt it Will be in the toolbox I Have a couple of questions one one of the one of the questions I have relates to the example that you gave Relative to August specifically it was item to compact neighborhood tier This is anybody there Yes, what was the intent of Paragraph to and that's where you give an example that if you have a five-acre project With a maximum allowable density of 60 units per acre Which will allow for 300 units Another 300 units 15% here Would be affordable What was the temp of that just trying to Provide an example so that there was more clarity than we find is currently in the ordinance regarding how the affordable housing density Bonas works. Okay. Well, it seems to me that If someone is given and takes advantage of that The net effect is you no longer have 15% you have something less than 15% like 10% so that's that's correct And that's that's what you you understood Absolutely, okay Let me tell you what I think it's missing from this proposal We keep speaking about affordable housing I'm still not convinced that Any developer is going to take advantage of this bonus density. That's that's just me And I think one of the reasons is Developers are still driven by The profit they're going to be able to make They're driven by the revenue that they expect to receive from the unit city bill So if you're telling a developer that you're going to provide him a Bonus of letting him build in this case 45 more units, which you consider to be affordable If I'm a developer I want to say, okay, well What kind of rents am I going to get from those 40 those extra units to get added to my total project? We say it's affordable housing that doesn't mean anything. I think we need to be very specific I think we need to reference not necessarily here What we're speaking about in terms of affordable Soon that way we're speaking about those income those families that are below the medium income. That's that's why I am and I think it would be important for a developer to know that if you're talking about an affordable unit a Family one two three four five If you're talking about a full reunion, it's where you want the meeting then comes to be 60 to 80 percent That he'd be able to go to some type of reference to say, okay, here's the income for a family 80% medium income. Here's the Expected rent that the person could pay and so he's got something you can go and look at but right now He doesn't have anything so you know and so if I'm planning the project I want to know where all my rents are coming from and if I'm going to put 45 more units there I want to know what kind of rents can I expect to receive from those units if they are affordable? You don't it's not here. I Think I don't think it needs to be here. I think it needs to reference. Okay, and we we have numbers We have charts that speak about Fort away incomes and generally talk about and you know, it shouldn't be no 130% of what it is But I think we need to reference that in this in this document because otherwise you're gonna come up with a case where Developers now gonna, you know, what can I charge? Thank you, mr. Mayor. Yeah, I just wanted to point out and it's kind of buried in the back But if in the proposed amendment show me where it's buried page 11 It says 16.3 defined terms and that is where we define what an affordable housing unit is and I'm sorry. I'm trying to go to what you want. What page is it page 11 of attachment a You'll see section 16.3 defined terms Okay, and we're adding a definition of an affordable housing density. I'm sorry an affordable housing dwelling unit So every time we refer to affordable housing dwelling unit in section 16.6 it refers to this definition and that is where you can find that it is Incomes at 60% or less of the area median family income for a family as defined by the US Dynasties Department of Housing and Urban Development and at Housing Urban Development every year they publish My question Appreciate that. Sure Yes On joint City County Planning Committee, we've been looking at this for several months and I I tend to my personally I tend to agree that the density bonuses I think we give away so much density by rights the density bonus would be Hard to be effective, but I think that the parking That the the proposed which I don't think that we should not do the density bonus I'm not sure myself. It's gonna be that effective the parking The change of parking requirements I think has an opportunity to be a real cost savings to the developer and therefore to Help move towards closing the gap the financial gap that you were alluding to mr. Mayor and I think that the height bonus has a possibility of increasing the the Profits on a particular piece of property which will allow them to close the gap between the Market rate and of and what we're calling affordable housing and these are just the first set of tools I mean, I believe that we're going to see a number of tools Additions to the toolbox over the next few months And you might Yeah, I'll speak to that as much as I can as that will more likely be coming from community development and care a lot Oh and her group as they work forward Bringing to proposals on financial strategies that can be used for affordable housing in these areas Kind of go back. I Congratulate you for having in there, but the manager pointed out to me also. What's missing is the rental income You define what the medium family incomes are for et cetera But the pieces missing is generally say that Income should move should be no more than 30% correct, but I'm saying that that's not in here Okay, so I think that's something that proper needs to be we can we can more clearly find that Steve you have a comment on that Steve medlin We can certainly add that we have a set of text demands coming forward to you in the next two or three months And we're we glad to add that into those texts changes come to you adding that clarification to it well, that's that was that was the point I guess I was trying to make that yeah It's an easy recognize councilman watch it ask I just I'm trying to read this to because there's a lot of commas in here It says it has to be committed as affordable as defined by by HUD Does HUD use the 30% in their definition? No, but what HUD does is it defines the family incomes at Various percentages, so it says what a median income is for the county by Household size and then we would take that and say the monthly 30% of that number is what the maximum rent would be in Order to be classified as affordable I think what the mayor is pointing out is that we're missing that 30% piece and we need to add that in I miss read this then so what I'm understanding you say is is that HUD defines What the area median income is correct? They don't define what affordable is correct? Okay We define what's considered affordable. They define what that income is and and your intent is use 30 When you were looking at this you were thinking 30% of correct Yes, 30% of 60% of area median income are there further questions comments on this item If not again, this is a public hearing is anyone else who wants to speak on this particular item that we're discussing Let the record flick no one else asked to speak out of the public can be closed matter of fact for council So we're probably moving second madam clerk. We open the vote Is it open? Okay, those voting forward hit plus close the vote Yes, we had citizens bring forward Recommended changes of the UDO this evening. I'd like to move that we refer those to joint city county planning committee for So Wait, I'll look to you for the proper. What do you think we should we firm the staff or the JCC PC? That I would recommend you refer it to staff. Okay, so I so moved Properly moving second madam clerk. We open the vote You close the vote Excuse me, mr. Mayor, we need a consistency statement on the text It's been properly moving second madam clerk. We open the vote close the vote It passes seven is he thank you I'm going to defer my comments until we get through these relative to the affordable housing piece So moved item 41 unified development ordinance Texas amendment Good evening Steve medlam with the Durham city county planning department unified development ordinance text amendment TC 15 004 is a city in county initiated text amendment which proposes two minor changes to the ordinance first It would allow encroachments that would be allowed within the current no-build 10-foot setback associated with riparian buffers in certain limited circumstances Where encroachments are actually permissible by right? under both State law and the unified development ordinance. We've inadvertently created this 10-foot no-man zone where We we now would require all applicants to go to the Board of Adjustment for a variance We feel like Allowing what is already allowed in the buffer in the no-build area would make sense Second we would like to change the definition of a lot of record our current definition of water record only we References the Durham County Register of Deeds as the council is where we have Jurisdiction in both Wake County and Orange County, and we just need to make sure that our ordinance references The appropriate right register of deeds office planning commission did recommend approval this item by a vote of 11 to 1 on June 9th and staff is recommending approval and I'll be happy to answer any questions you may have Again, this is a public hearing the public hearing is open to council members have any questions of the staff on the presentation Is there anyone in the audience that would like to speak on this item either for or against? Let the record reflect no one in the audience asked to speak on this item the public hearing is closed matter of fact for council Property moving second by the clerk. We open the vote Those voting for hit plus Close the vote it has a seven You open the vote close the vote Move item 43 private drainage assistance cost share and interest rate section 70 dash 687 and 70 dash 688 Good evening mayor bail and council members. I'm Dana Horkle with the public works department This public hearing is being held to receive comments on two proposed revisions to the Durham code of ordinances Related to the private drainage assistance program This program was created at the request of council to assist property owners with failing drainage systems affecting their home Or either their primary ingress or ingress ingress or egress for giving the first revision of section 70 dash 687 of the code would raise the limit on the city's contribution towards these typical projects from 20,000 to 25,000 This would reflect increases in construction costs as well as the size and complexity of our typical projects This would meet council's goal to cover 80% of the cost of these typical projects The second revision of section 70 dash 688 would set the interest rate for installment payments Annually for property owners who choose to pay their portion of the cost share the installment payments and with that I'd be happy to answer any questions The public hearing is open are the questions by comments by councils Anyone in audience wants to speak on this item Let the record like no one has to speak look in his clothes matter for the council Property moving second round click. We open the vote Close the vote It has a 7-0 I Have some comments that I want to make relative to this my proposal for city Rural assistance program for low-medium Income families, but before I do that these people have been waiting so long They might not have understood our process. So if there's one spokesman, they would like to make comments That invite you to come up and if you could limit them to three minutes It's the gentleman here you wanted to make a comment. Did you want to make a comment? It's Just just one just one person and if you could just state your name and address, please Good evening. Thank you for let me speak with you And We're here we've been protesting for three weeks. We've been working hard in a merry hotel and I think it's in your hands the hell we are looking for because Many families were affected some people having been paid since December January I Hear some bar some people were Have accident and we're fired and that's unfair and it's on your hands They they are making money now And the job is done So it's unfair that they've been getting money and we are waiting for money since six months ago so as a city council You're having your hands the opportunity to take the permits away or to take the tax Tax break away from then Because if you don't do nothing the owner will do nothing the subcontractor say He said he will do he will do nothing He will not pay us and that's unfair. We have families I have six kids five of them will back a school next week. How do I how do I gonna buy the school or supplies? If they don't pay me, I mean, I know I'm not asking nothing for free I'm just asking for my money and to understand that people we have to wear that their chores You know what I'm saying and it's not just me there is at least subcontractors and each subcontractors has Families and dependent then in my case. I have five employers. They were dependent on me and They had they had to looking for something else because because I couldn't I couldn't pay them How how can I pay them if they don't pay me and the same happened with Luis with Mariano with Some other guys that they got they're already gone, but we have in your isn't your hands. I Think you can help us. I mean we pay taxes You are giving to a concord hospitality 1.3 million dollars to to Break a tax break and you can help us with that While you are giving them money they are taking more money from from us Do you think it's it's fair that I think it's unfair now my my We are here to tell to tell you that you can take the permits out and That the tax breaks out from them and I think you can help us We are here because we we know you can help us. This is on your hands So I like you like as a console you are I like you to act soon because You don't know the families how they're suffering. I mean You are you are up. We are down. I'm sorry. Thank you. You're quite welcome let me We have a policy that we don't do signs in the council chambers if you don't mind we appreciate if you could lower those We spoke to this item a little bit earlier doing the agenda and obviously It didn't come through as to what we said, so I'm going to ask the city attorney if you could just explain the city's position and I'll say two things It's not all in our hands and you'll speak to that The other piece is we aren't can't take anything away from them because we have not given them any tax Breaks as such so we haven't given them any money yet. They have to meet certain terms before that happens So that that hasn't happened yet, but I'll turn it over to the city council I mean city attorney to let him explain opposition and just to be clear The the issue is the the dispute resolution that exists between the the contractors or the subcontractors that that aren't paying you There are policies and procedures in place that that should allow you to get Relief from them and would encourage you to to pursue that we're not in direct contract With you so if you were city employees, it would be a completely different situation But at this stage and my office has has looked at it in the event that because I've gotten calls from council members about Is there anything that we can do and it's not that I think I can I'm not sure if I should speak for for council It's not that we don't care or aren't interested in it I think that this council is on record as being very concerned about these issues particularly when it comes to wages and Being paid a fair livable wage But it's not exactly completely in our hands and I would encourage you all to To pursue the resolutions whether it's you know going to court or bringing I think it mentioned was involving the Department of Labor in here because if there are unfair Labor practices that those are those are things that can be addressed Particularly at the state government level Let me If you're going to speak come to the podium, but I'm not going to prolong this I appreciate the fact that you came here Like the city attorney says we're all sensitive concerned about the issues. I mean if you work you ought to get paid That's not a sense of us about that. So that's not a question of us but there are legal Procedures that have to be followed and while you say it's in our hands It's not in our hands to in that respect, but I see the city manager has a comment he wants to make Thank You. Mr. Mayor I was just gonna make the comment that During the course the meeting I stepped in the back and spoke to representative from Durham can and congregations in action and Asked them if he could take have his organization take a look at that We exchanged some contact information from this gentleman and and him And he's going to try to do that tomorrow to see what resources Those organizations might have to to see if they can lend to help this situation Can't do anything about that tonight, but at least I think there's at least an exchange and they indicated he indicated they Potentially, you know could find someone to help so hopefully that will be another another avenue and as I indicated our staff will continue to try to work through the situation to the extent we have any ability to do that and encourage all the parties involved to Continue to sit down and try to try to reach an understanding of You know the facts and what can be agreed to councilman shul because I really want to close this out. I'll be brief I Appreciate what the manager said and and and and thank you for working on that mr. Manager and trying to get some Some help from Durham can and Durham congregations in action I think they can be helpful But I do want to reiterate what I said earlier, which is I think that we do have the the what you're calling the tax break the incentive It doesn't the it's a long time before this is would be due to them It's Well over a year is my understanding But I do think that we ought to be keeping that in mind and that we should not be if we are uncomfortable That this has been worked out satisfactorily and fairly then I think that we ought to be using that as leverage and We don't want to be incentivizing A development That is not paying its workers as it should we can't decide that we can't adjudicate that that somebody else has got to Do that but I do think we ought to be keeping our eyes on it and using that if we need to thank you Thank you That concludes that conversation you have a contact They know who to contact and as the manager indicate we'll follow it as closely as we can. Okay. I haven't said that I As I shared with the city council persons on on this and the city manager and the city attorney a Proposal that I would like the council to seriously consider and Involves the city rental assistance program for Durham Below medium income families for targeted areas of our city And I'm not going to read this. Let's let me tell you what what the net of it is I'm a firm believe that if this city council Is serious about the fact that it would like to see more below medium income families occupying Units in the downtown area and the downtown area can be defined as well as around transit stops within a half mile radius That we need to begin working on that now. I appreciate the tools that have been proposed by the Staff we just just passed one. I know that our Thursday meeting We're gonna hear from the administration on the proposal for having a consultant to come in and look at this whole issue of affordable housing in our city but I Think we have with the then our means to move on this now and My proposal is laid it out What I would like to do when the city Works with this administrative person that we're looking at this consultant To make that one of the priorities that person looks at I'm not comfortable with waiting until the study is done before we do anything. This is something we can do now and my proposal lays out The steps that I think need to be taken it lays out the assumptions, but the bottom line is that We have units that have already been built in this community We have units that are coming out of the ground in this community We have units that on the planning board to be built and They aren't going to wait around for Us to adopt affordable housing program to make that happen because if they meet the zoning requirements If it's non-discriminatory and what they're doing They can build these things whatever and they can charge whatever rinse they want the marketer will determine that I'm suggesting that We put a plan in place that basically would Provide rental assistance to families that meet the qualifications That are below the medium income and I'm speaking ranges from sixty to eighty percent The families have a certain residency in this community because I don't want a program that suddenly Everybody and his mother's moves to Durham because they want to take advantage of it I think people should have had some type of commitment living here before they are able to participate in the program. I Think we have a revenue source That this council adopted a year ago where we put one cent on the property tax for quote affordable housing It's a stream that brings in two point four million dollars a year unless what happens that suddenly the one cent isn't worth what it is But we've got money there. I know that some of those funds have been committed for certain projects I know that they're administrative costs. It will be required to In handle a program such as this, but we don't have to wait. You know, we're not going to force developers to admit people into their units unless they can get the rent from it and We know that some of these units are just not affordable for persons that we're targeting again The areas we're talking about is downtown Durham and around the proposed transit stops. I'm more concerned right now In downtown Durham because the transit system isn't here yet And we still got to go through it but we've got units downtown that we can do that with and I've laid that out to the council to the colleagues to give examples and I think that Something that we ought to seriously consider and I think if we got to have a consultant come here talking about affordable housing How we do affordable housing I would like them to consider that as one of the priorities because as I understand what's going to be presented we'll talk about this That program is going to be almost 18 months away. It's done in phases It's not just for a particular area. You're talking about affordable housing throughout the city of Durham and that's not where I am I'm for a very targeted area. I'm for a very targeted group of families. I'm very targeted for the Revenue stream they can do that. This doesn't preclude if developers want to do something on their own They can do it if they want to make use of this bonus that we've got here They can do that but I'm saying this address is the need today for existing projects today and Projects that are coming out of the ground quite frankly, we should have done it in my opinion when we ran it the Developer and incentive for building this 26-story tower I mean that would have been a perfect place and it's still not too late for that Because all I'm saying I'm not asking developers to do anything less I'm just saying that you'll be guaranteed your rent that you're asking for and if these people qualify and we make the difference between the market rate and what the Families can afford and again, I you've got the details that I don't have the hassle through that But that's something I want to discuss at a work session the manager won't be there But I've had discussion with him also. So that's that's the purpose of bringing it up now Councilman shul has some comments that he wants to make and I'm sure I'm going to be a respond to him when he makes Yeah, could I oh Mayor pro-tem, I'm sorry I Thank you for your vision. Mr. Mayor as you know, I Am from the school called affirmative action and I think that you have to take affirmative steps to make things happen They might not be the way we've done it in the past But we need to look at different ways of making things happen And this is an affirmative action step that we need to take. I'm a tax payer All of us the taxpayers their taxpayers who really want us to do something to make a difference not to Keep studying but to actually take Affirmative steps and I define this vision as an affirmative action Measure, thank you, sir Councilman shul I'm surprised to hear you think you're going to have some comments after mine. Mr. Mayor I Wanted to just I really appreciated what you brought forward and and have been thinking about it since you sent it to us a Couple days ago and just had some comments. I wanted to add I'll tell you there. There are several things about it. I really like one is that it is an action step And the second is I really agree with you that while we need to be We have a fabulous consultant who we're about to vote on on Thursday And I think I think they're a great company and I'm really excited about them But also agree with you that when we see a good clear path to act upon in the meantime While the consultants reports being written We ought to be doing it when we can And the other thing about that is It's clear to me. I mean it we all know but I don't think it's clear to our public They were already doing a ton of affordable housing stuff right now The first 80 units of Southside the subsidized units are already rented out Excuse me, Mr. Mayor the the 48 home ownership units The 500,000 that we just gave to the Durham Housing Authority to leverage the redevelopment of Marion Road and Daymark Court The support for the new 20 units and in goalie point The $200,000 for rapid rehousing the a million dollars for the habitat homes and so forth The Pritt program So all that we're already doing and I don't we're not only shouldn't we wait if we don't need to wait if we have The right plan, but we aren't waiting and So the other thing I want to say that I like about what you proposed is It uses the penny for more than bricks and mortar In the past, I think that has been a point of contention and I understand why we did put in the rapid rehousing money And now this would use the penny for a rent subsidy and when appropriately apply a plot. I think that's a good thing So those are the things I really like. Let me tell you what my questions are I Want to just think about some of the alternatives. I Guess my main question is kind of the population. This is aimed at People making 80% of the AMI the area median income The upper range of what you've targeted Are making $43,000 for a family of two So these people I would I believe have housing options in many neighborhoods in town at market rates So for example someone making $43,000 80% of the AMI if they're paying 30% of their income in rent We'll be able to pay about 1200 $12,900 Dollars per year in rent. That's about a little over a thousand. It's almost 1100 dollars per month So my question, mr. Mayor would be as we think through this is do we want to be using our scarce? penny for housing money to subsidize people who are able to pay that market rate and To do so to be paying say anywhere between Well, this just take kind of your midpoint number of $500,000 every single year to subsidize that So my thought that I would hope that we would also think about is if we're going to be using the penny for housing money To pay rent subsidies. I'd like it also to think about subsidizing at a lower percentage of the AMI for thinking about our need of your families and I'm in favor of that So I like your idea in that way, but I think we ought to be thinking about subsidizing Down the down the income scale and I could talk more about that But what that doesn't solve though I think that's something that you're rightly targeting mr. Mayor which is because that would not be that would not be in the core of downtown So how would you have deeply affordable housing downtown and and I think there that? We already know a lot of what our strategies are because we've thought about them or in some cases done them and the first is to be Leveraging our publicly owned land which you've spoken out of in favor of mr. Mayor and many of us have to get that housing bill We know these sites are downtown in proximity to the light rail corridor And I believe in mixed-income neighborhoods. I'm not as concerned that every housing project be mixed income So I think you know, let's use our scarce Tax money in the penny for housing as wildly so we can to leverage as many affordable units as we can And I think we can do that by using that money to leverage those Those those projects using publicly on land Along with a 9% tax credit or even the 4% non competitive tax credit when we can and possibly with the local financial Contribution come from the come from the penny for housing money And I think we can build hundreds of units downtown in and around downtown that are affordable in the 60% range and lower If we do that and then briefly my second strategy is something we've done already very well Which is to look for other opportunities such as the community development department found in the last couple years to keep multifamily Apartments coming out of mandated affordability periods affordable for another 15 to 30 years We've done this successfully three times in the last couple years by providing renovation money in small amounts as the landlords Needed to renovate their apartments after 15 years of use By providing this money we allow these landlords to guarantee another 15 years of deeply affordable rent I think we should be aggressively seeking those opportunities And I think that that would be a great expenditure of the penny and a tremendous amount of bang for the buck And also want to add one more thing which is I don't think we ought to let our developers off the hook on this I know that we're not able to require inclusionary zoning when it comes to apartments because the General Assembly won't let us But in Chapel Hill now the president of the Durham Orange Home Builders Association's chairing committee to Standardize developers voluntary contributions to an affordable housing fund as they build in Chapel Hill And I think we should take that schedule of contributions and adapt it to Durham in ways that make sense for us And I think we we will get if we if we set a standard what we expect when people come to Durham that we will get significant compliance with those wishes So I think there's a lot to like about your idea, Mr. Mayor And I'm happy to push it forward for discussion as you'd like to do But I think there are other ways it could be modified to serve us better And I think there are other strategies. We ought to be thinking of at the same time. So thank you Let me let me come back to my basic premise Not my basic premise what this council said I Didn't choose 80% the council choose 80% they said 60 to 80% Very emphatic when we adopted the resolution 60 to 80% around transit stops We didn't say only 80% only say 60 to 80% I'll present this at the council I can thanks to council of Moffitt because he did one thing And I just expanded it on the example that you gave We constantly hear about downtown I Know what we're doing over in Rowland Hills. I know very well what we're doing over there I know what we're doing all around this community relative to affordable housing and I want to get off to affordable I know what we're doing relative to families who have incomes below the medium That's that to me is what we're talking about not affordable housing general I know what we're doing there. I know also what we're doing downtown. I Know all the units have been built. I'd be very surprised at the number of Below medium income families that are living in Westwood Village Wheatstone All the other partners that are around here in terms of what Roger Perry is coming out of the ground with In terms of what this 26 story unit is coming out around with I'd be very surprised if any of the people that we talking about a Very few if any are going to live in those developments unless we provide some type of assistance or unless the developer does it And I'm not precluding to develop a developer wants to say, okay I'm willing to set aside X number of units for person below medium That's great. I'm not saying precluding that but I'm think we've got to take some action ourselves And this is a very simple simple process very simple process I'll give you an example. You talked about the medium incomes. I asked for Incomes for families at 80% 60% what is the medium income for that for one person is 37 plus thousand dollars And 60% is 28 plus thousand dollars If you take 30% of that The person that said 60% is $8400 annually if you take 80% of If you take 30% of 80% is 12. It's $11,000 Then you go and look at the apartments and thanks to Don. He gave me a rental schedule for West Village. I don't know if it's right or not, but I'm accepting that If you take take an example of a person who has One person in the family They're making 60% of the medium income a One-room apartment were required a person to pay $15,000 a year if we subsidize that That person get in the apartment by paying $712 a year The 80% person the 60% certain has paid $12,000. So you might not you might not give that money might not choose that person You can go to a person who has a family of two in it that the medium income for 80% is 40 48,000 dollars For 60% is 32,000 dollars For the 80% person The maximum that they could pay for rent is $12,000 annually For the 60% person the maximum they could pay for rent is $9700 If they tried to go into a one-bedroom apartment in West Village Where the monthly rent is $1400 Or for two-bedroom is $1900. Let's let's move into the one-bedroom apartment $1400 you'd have to substitute that person $712 To get them into that apartment We can go down the line take a person that's got four people in it and Maybe you don't want to put them in They wouldn't fit into a one-bedroom apartment, but if they did you subsidize me six hundred six hundred dollars a month. The point is that We can make this happen. I'm not saying you've got to use all the money We certainly put a cap on how much of the money we're gonna use but you can do it It's not It's not rocket science. I Think if you had a consultant and if she's anywhere worth her what she's proposing She could very quickly develop a program along this line and she can't then I got some problems with it because I'm gonna ask some questions Along the line when she comes in but I'm not precluding the other things you're talking about I'm saying this is a very specific plan that this city can take if we're serious about Having persons between 60 and 80 percent living downtown if we serious about having persons between 60 and 80 percent Living around transit stops and if you don't have a developed is gonna bill it for and we can't control it They're gonna go there so That's my Conversation and that's the conversation. I'll have Thursday and I think again if we serious we can make it work The only thing I would say if I excuse me we are recommending hiring a firm that has a fairly substantial number of consultants It's not just one person that just be better than to be careful. I didn't want to just there is it There is a lead person. I didn't mean it to you. I just The the the capabilities are very broad So hopefully we'll have a variety of options that that can come back and address some of these issues The money is there The capacity is there the need is there Thanks, Mr. Mayor, could you on Thursday have our staff your definition of downtown? Yeah Well, that's a good point because that I think that's what we've got to make sure of the area we talk about in terms of downtown Just like we talked about the area around the transit stops. We need to make sure We understand what downtown is and what those things are and I certainly concur with you in terms of the focus right now Should be on downtown because the transit Well, that could be 10 or 15 20 years away Okay, any other comments in the other business That's not compatible we deserve at 9 30 p.m. Thank you