 Good evening. We'd like to call the Durham City Council meeting to order at 7 0 1 p.m. On Thursday on Monday May the 4th and certain want to welcome all of you that are present this evening We could just take a moment for silent meditation, please. Thank you I would ask Councilman Davis if he would lead us in the pledge Mayor Bell mayor pro Tim Cole McFadden Councilmember Brown Councilmember Cattidy Councilmember Davis Councilmember Moffitt and councilmember Schuyl. We have several Proclamations we'd like to present this evening. The first is on children's mental health awareness month and I would ask miss Tika Dempsey She's present join me please It reads whereas all our children without regard to challenges they face a Valuable and a significant part of the rich and diverse resources of our present and our future Whereas all children ages 0 to 26 Deserve to be supported as they struggle with serious mental health and behavioral challenges Where support for our youth as they grow and develop from cradle to career is essential to the success of children families and the community Whereas mental health is essential to overall health and well-being Whereas according to the United States Department of Health and Human Services One in five children has a mental health disorder and one in ten adolescents age nine through seventeen have a serious mental illness Whereas for proper treatment and support Children mental health disorders can succeed in all life domains and reach their full potential moving from cradle to career Whereas parents doctors and nurses teachers guidance counselors neighbors friends concerned citizens and faith-based communities Among the many who reach out to children youth and their families in our community We're in a need of support education information encouragement and mental health resources Whereas community members can help establish safe and supportive communities that encourage and engage all young people Regardless of the challenges to reach their full potential Where strong youth and young adults will strive to positively change the misconceptions about youth with mental illness Diagnosis to a vision of strong and capable young people who can overcome challenges Where's the city of Durham joins the Durham Center becoming and other community organization and recognizing the need to raise Awareness about our children and mental health Commending those who work to support our youth and celebrating those children with mental health disorders who reach for the full potential Now, therefore, I will be bill bell mayor of the city of Durham, North Carolina Do hereby proclaim May? 2015 as children's mental health awareness month In Durham you have urged and called upon citizens government agencies public and private institutions Businesses and schools in Durham County to commit to increasing our community's awareness and understanding of the issues of mental health Among our children youth which my hand corporate citizen of Durham, North Carolina this fourth day of May 2015 like to present this to you and Half of our children and families in Durham I say thank you because you as leaders have really opened your heart and made it okay for people to have public Discussions as it relates to mental health. You have opened the doors for our young people to say I'm okay regardless of what life presents to them. They're okay. They're actually a decrease in Suspensions in school parents are able to keep their jobs because our leaders have made it okay in Durham To address our children and families mental health life challenges So when we think about are there really good things happening in Durham? Absolutely, and I was reminded recently that the reason good things are happening in Durham It's because it takes all of us to work in a very collaborative effort and a very active collaborative effort So on behalf of the children and families We'll live with mental health life challenges I say thank you and I encourage you to continue to support our children and families in Durham Thank you so much This Olivia Simpson governor Ferris office and chair of the advocacy committee for the Durham Youth Commission. She was joining This is a proclamation recognizing the week of no barriers The recognition of the necessity of encouraging understanding and collaboration among diverse youth in Durham Whereas the city of Durham contains a population of young people that is both socially and culturally diverse Whereas communities organizations businesses and other groups have been shown to be more efficient innovative and Responsible and comprised of diverse members Where studies have shown people that are given the opportunity to engage with others from different backgrounds and more depth the problem solving And resolving interpersonal conflicts Whereas in a survey of Durham high schools youth expressed their belief that their interaction and exposure to culturally and socially diverse peers Has positively impacted their life Whereas a stronger more engaged population will also have a direct positive impact on the greater population of Durham Whereas there are limited youth driven opportunities in the city of Durham for youth to engage with diverse peers Now therefore I will be bill bell mayor of the city of Durham, North Carolina And on behalf of the Durham city council to hear my proclaim may 4th through may 10th 2015 as the week of no barriers in Durham and hereby encourage Durham youth to reach out and explore their altered cultures Perspectives of their peers thus building upon Durham strong with diverse foundation It created an even more vibrant community in which my hand Corpus Cedar Durham, North Carolina just a fourth day of may 2015 I'd like to present this to you First I'd really like to thank you Mayor bell and the members of city council Back in august You really challenged us at the Durham youth commission to use Our office to really advocate on behalf of youth and really make make use Of the resources available to us and this week of no barriers Is really the products of that work At some point in our lives We've all come across some sort of stereotypes or judgments from people who really didn't take the time to get to know us personally And the dyc and our advocacy committee really identify this as an issue Very critical and relevant to youth across the city, especially considering What a diverse and wonderful city that this is and so we wanted to create an opportunity For youth across the city to really take initiative And reach out to to our peers Regardless of race or gender or cultural background And in april a fellow commissioner taylor walkers who's sitting there in the back Use or presented a way that dyc celebrated our diversity with the i matter campaign And certainly it is very important to recognize our diversity and building on that We wanted to give people an opportunity not only to recognize the way That we are unique as individuals, but the way that we can use that diversity to really create a stronger community And that's what I would encourage you to take a look at this week may 4th through night. Thank you I miss wander boom try I think everybody knows wander and I Constantly uh say to her wonder you're doing a great job. I just can't get to some of those meetings you have But we know all the work that you're doing and we we appreciate it. We really do This is proclamation speaking about national prevention week And speaks to the fact that where substance abuse and mental health problems affect all communities nationwide According to the 2013 national survey on drug use and health Inestimated 24.6 million Americans are current illicit drug users nearly one in four young people aged 12 to 20 report drinking alcohol in the past month And one in four Americans aged 12 or older smoked cigarettes Whereas according to health Durham or slash 214 Durham County health assessment That's a website An estimated 17,000 residents of Durham County need mental health treatment And 19,000 need substance use treatment And alcohol is a primary substance abuse by the Durham County residents Seeking crisis detoxification services by adolescents in Durham's mill and high schools Responded in the community health opinion survey identified addiction to alcohol drugs or prescription pills As the number one community health problem Whereas with commitment and support These and other behavioral health issues can be prevented The focus of national prevention week each may is to increase public awareness of and action around substance abuse And mental health issues This year's national prevention week thing The voice of one the power of all Recognizes the power each person has to influence the health and well-being of others Whether by supporting someone who's going through a difficult time Participate in activities that strengthen the community On instilling healthy habits and children from an early age Taking part in prevention related activities and conversations helps raise awareness of behavioral health issues and changes lives Whereas Durham together for resilient youth known as track Bands against destructive decisions That's to the tri youth coalition College tri nccu track college Campus coalition and community members of all walks of life Learn what they can do to help prevent these problems before they start We all have a role to play in keeping the people around us and ourselves healthy and safe Now, therefore, I will you rebuild the old middle city of Durham, North Carolina do have a claim May 23rd to 30th 2015 As national prevention week in Durham Hereby urge all the citizens to take special note of this observance by recognizing the seriousness Behavioral health issues in our communities The power for prevention and the childish effort of those working to make a difference And which is my hand corporate city of Durham. This is the fourth day of may 2015 I'm going to present this to wander and for comments and she's going to introduce the young men that I feel with All right, thank you Thank you so much. I'm really excited to receive this proclamation and thank you members of city council Mayor Dell for your continued support It's hard for me for me to believe that we started your organization in 2003 and believe it or not We really have seen significant changes in Durham So thank you all very much and it does take all of us to make a difference Because you know me and you've seen my face so much It's not just me. That's a part of the coalition I wanted to introduce you to two members of the youth coalition One from bands against destructive decisions Which is the youth coalition for young people ages 10 through 17 and college try for young adults ages 18 to 24 Good evening everyone My name is Oscar Hernandez. I'm the youth leader at my school Josephie dobs claim an early college high school Bands against destructive decisions to me is a group of talented and dedicated youth Who strive for a certain goal is to uh educate our peers in school so they can educate their parents to educate our the community about the negatives of Substance abuse and preventing underage drinking Good evening everybody. My name is osafa james. I'm the peer educator for college try Basically, my job is to educate The peers of my age of substance abuse and prevention so that way they can go out into the community and actually You know educate others on substance abuse and prevention also Well, we've had the young people appear now. We're going to talk about the older people Old americans month proclamation jason jones assistant director for Durham parks and recreation Whereas the city of Durham includes a thriving community of old americans Who deserve recognition for the contributions and sacrifices to ensure a better life for future generations? Whereas the city of Durham is committed to helping all individuals live longer healthier lives and the communities of their choice Well as long as possible Whereas the old adults in the city of Durham have made countless contributions and sacrifices to ensure better life for future generations Whereas a recognized way of community engagement and service and helping older adults remain healthy and active while giving back to others Whereas our community provides opportunities to enrich the lives of individuals of all ages By one promoting and engaging in activity wellness and social inclusion Two emphasizing home and community based services to support independent living And three ensuring community members of all ages benefit from the contributions and experience of older adults Now, therefore, I will be billed by all mayor of the city of Durham, North Carolina Do they have ever claimed the month of may as old or americans month in Durham? Hereby urge our residents to take special note of this observance by recognizing the Durham parks and recreation department For the commitment and dedication to the old americans living in our community And for the planning of the many events commemorating may as old americans month And they went into my hand and caught the city of Durham, North Carolina This is the fourth day of may 2015. I'm going to present this to you and then Well, thank you mayor bell city counseling to our community for this proclamation I'm jason jones assistant director of parks and recreation And it's my honor to have the mature adults unit as part of my team within our department In fact, I'd like to recognize Bridget Robinson for her work as part of our mature adults unit Um, this is our first year for Durham senior games where it broke 200 people It was also the first year from what I've heard that we had no rain outs Our department made the event excellent through involvement from each team and each Each team in each unit within our department The Durham senior games are one of only several or one of several mature adult activities and represent a couple of key tenants To the parks and recreation industry health and wellness and connectivity when I say connectivity I mean connecting people to parks connecting people to programs And more importantly connecting people to each other and connecting them to our community We look forward continuing to serve active adults within our with our newest playmore which are available on the table back there And we want to thank you for your contributions And allowing us to achieve our mission To create opportunities for our community to play more I guess William Evans president of the Durham county fraternal world of police and whoever else you may have to join us to see the chief is here Are you standing in for the you standing in for? Well, okay You can bring in by yourself Can't let yourself. Okay. I got you Uh, this proclamation recognizes police week Whereas the congress and president of the united states have designated in may 15th as peace officers memorial day And the week in which it falls as national police week Whereas officers of Durham county law enforcement play an essential role safeguarding the rights and freedom of the citizens of Durham Whereas it's important that our citizens are aware of and understand the dangers and problems encountered And the duties and responsibilities incurred by their law enforcement officers Whereas equally important that our law enforcement officers recognize their duty to serve the people by safeguarding life and property Protecting them against violence or disorder And by protecting the innocent against deception and the weak against oppression or intimidation Whereas the men and women of Durham county law enforcement unceasingly provide a vital public service Now, therefore, we in theville bell ministry of Durham, north crown I'll do it by proclaiming the week of may 10th May 16th 2015 as police week and may 1st 2015 as peace officers of memorial day And Durham and called upon our citizens to join in commemorating law enforcement officers past and present Who rented a dedicated service to the community? Also incurred to our citizens to honor these peace officers who have lost their lives or have become disabled in the line of duty No, it's my hand the corporate citizen of Durham, north crown. This is the fourth day of may 2015 I'm going to present this to chief low pass who's standing in from mr. Evans Thank you very much. Thank you, mr. Mayor I think the it's really important to uh to celebrate police week We have a lot of individuals in law enforcement who have given their lives for their communities to safeguard them We just lost one today in new york city as a result of a shooting this weekend And we need not to forget that these officers are out there putting their lives in danger In order to protect you and protect their communities But it is with the community that we prosper and that we continue and that we can be safe So thank you very much. Mr. Mayor. Also. Thank you for the support of the council who I saw at the memorial Celebration. Thank you very much probably came through the council chambers and you saw the lobbying National drinking water week and we've got Darned really a direct of water management. We've got some other folks around here too Okay, great Whereas water is a basic and essential need of mankind whereas our health comfort and standard of living depend upon an adequate supply of safe clean water Whereas throughout the years the city of Durham has taken a lead role To source water management and protection as well as the production of a consistent supply of high quality drinking water Whereas the southeast portion of the united states the state of north carolina The region and Durham specifically have weathered two historic droughts in the last 14 years Whereas changing climate and global warming May impact the availability of our precious natural resource Whereas our drinking water and water resources are undervalued Whereas dedicated individuals and organizations such as city employees industry leaders scientists environmentalists and students have made significant contributions in developing And maintaining our water treatment and distribution systems protecting and conserving this precious resource and educating the public on the value of this resource Now, therefore, when you develop the old mayor of the city of Durham, North Carolina Do have her playing May 4th to May 10th 2015 As national drinking water week in the city of Durham in conjunction with national drinking water month Which is may 1st of may 31st 2015 In order to all citizens to join me as a partner in the water use it wisely campaign And to pledge to embrace the water conservation ethic In order to extend the life and protect the quality of our most precious natural resource And what's in my hand corporate city of Durham, North Carolina this 4th day of May 2015 when it presents us to dine Greeley and for comments and for other introductions Thank you mayor bell I'm honored to accept this proclamation on behalf of the over 300 employees of the department of water management And specifically the water supply and treatment division staff On an average day, we produce over 25 million gallons of drinking water that meets all the state and federal Water standards our staff works 24 seven 365 days To ensure that each and every time a customer turns on their tap clean safe drinking water flows out This requires teamwork among our certified treatment plant and distribution system operators And behind the scenes work by lab analysts chemists Conservation staff engineers and managers all of who are committed to protecting and preserving this precious natural resource Well into the future This also requires teamwork from our distribution system staff So the emergency response crews are dispatched quickly to water main brakes and other system emergencies We want to thank you for recognizing the vital role that safe drinking water plays in our lives And we appreciate the city council city administration citizens and employees of all the other city departments Through regional opportunities careful planning and implementation of our water efficiency initiatives We strive to preserve a most precious natural resource well into the future. Thank you And one of the great activities leading up to national drinking water week is a poster contest Sponsored by the north carolina american waterworks association And i'm going to turn it over to my one of my assistant directors vicki westbrook to talk about that further Uh as I was preparing remarks, I remembered this is probably the 20th year. We've done this contest So I want to thank all the past participants and those we have here with us today This year. We're recognizing some young artists from Different schools in durham county. We had over 200 entries from 10 different schools Each year. We have our independent durham Customer recognition and then we take our winning posters to our state contest with the north carolina A w w a w e a And we have consistently placed with the state contest as well And I want to thank the group sitting on the front row for their continuing Bringing home the winning records for us. So thank you so This year we had contestants in both grades three through five and six through eight So we'll start with the grades three through five And since there's no surprises this time We're going to give them their their awards as both the the local contest winning as well as the statewide winning So in third place Omar ramos espinoza From holt elementary school third place in the city contest and third place in the state contest And second place Teddy wallin from durham academy second place in the durham contest as well as the state contest in first place First place faith hanson from durham academy in the city contest and the state contest So in the grade levels six through eight, we have bel orinda from voyager academy third place in the city contest and state contest So voters can be fickle In second place in the city contest But first place in the state contest lute cunningham for voyager academy First place in the city contest and second place in the state contest star matthew is also from voyager academy So we'd like to recognize all these young artists We'd also like to recognize and thank their families who are with them tonight on the second row Family members, please stand up No, they're separate We also have some of the educators here who have supported them throughout the school year We have mr. Bennett from voyager academy at the principal Ms. Woodard from hult elementary Please stand And I think one of our true water heroes is miss lindstruck from Durham academy who's participated in this contest for 10 years and had winning entries for 10 years lind please stand Thank you of the council Recognize councilman davis the mayor pro tem and in that order Thank you, mr. Mayor. I want to take this opportunity to thank The people who gathered on last friday for to demonstrate their first amendment rights in a very peaceful March from the durham city council. I'm sorry from the durham police department down to the durham detention center I thought that this was a wonderful way for them to exhibit their respect for the Freedom of speech the freedom to assemble and the freedom to voice their concerns about issues that have gone on in Baltimore and in other parts of the country Along with that, I'd like to thank the durham police department for monitoring For protecting and serving those citizens while they were demonstrating their first amendment rights as well as their continued The ability to support and protect and serve the citizens of durham There were a lot of issues that were brought forth in that march That deserve our attention and I would hope that sometime during the course of 2015 That the durham city council the county commissioners the school board the Business community and other entities within durham Might be able to sit down and talk about some of those issues and possibly come up with some solutions That would prevent durham from ever being in the situation where we Would not want to see the kinds of attention that we saw in baltimore so I hope that instead without Dealing with any kind of competition with the mayor's poverty initiative without feeling like we're competing with the My brother's keeper initiative with the county commissioners that we might be able to have some open honest frank dialogue about these issues in some critical community conversations That would be well planned Facilitated and inclusive of all points of view and to allow the citizens of durham No matter where they find themselves economically racially Um Ethically wherever we have issues that need to be addressed that we take the opportunity to do that Ahead of any kind of potential Crisis that might exist here in durham Perhaps we can talk a little bit more about that as we move along Thank you, mr. Mayor I think that's an excellent idea we've we've been talking off-handed about community conversation Uh question is whose community who's going to lead how we're going to organize it I'm going to ask are you willing to take on that task? I'd be willing to work with uh you and anybody else who would like to do that. Yes We need somebody to lead it or you want to lead it. I'm willing to lead. Okay. We accept that and I accept Recognize the mayor pro tem. Yeah after we received that report from the justice department I suggested that we really needed to talk about that and so this is a part of that and I'd be willing to work with you on that Because I didn't want anybody to think that we were just listening and not Going to do something actively about it But I did want to recognize The members of the youth commission and their leader Who are present tonight before they exit so if you would please stand So that we can thank you for the work that you're doing And So very proud of your presence And your input so continue To do what you're doing. Thank you. Evelyn. Evelyn is getting her mpa on friday afternoon from north carolina central university And her daughter as well, so they're graduating at the same time. So let's give them a round of applause for That mother daughter Accomplishment on the weekend of mother's day what a tribute. Thank you. Thank you other comments If not, we proceed with the agenda I recognize the city manager for prior times Thank you, mr. Mayor. Good evening everyone two priority items this evening Agenda item number 11, which is the interlocal agreement between the city of durham and durham county To establish the durham workforce development board and its administrative entity Under the workforce innovation and opportunity act of 2014 affected july 1 2015 This item needs to be referred back to the administration There were several Changes that were suggested this morning when the board of county commissioners reviewed this so staff will be Reviewing those recommendations and we will be reporting back at thursday's work session as to any possible changes And then agenda item number 24 is a supplemental item From the agenda that was that was previously approved by the council and that's the 2015 first quarter summary crime report presentation That's all entertaining motion for the city managers for our times It's been properly moving second matter clerk. We open the vote Oh, you Close the vote it passes seven zero Thank you. Recognize the city attorney. Thank you, mr. Mayor. No priority items likewise Recognize the city clerk. No items. Mr. Mayor. Okay. We're proceed with the agenda consent agenda being the first item Again the consent agenda if my council person or the public removes and asks when I can be removed We remove that item And discuss it later in the agenda And I'll read the heading item one is approval of city council minutes Item two is a durham planning commission appointments Item three is the street and infrastructure acceptances Item four is fy 2014 2015 emergency solutions grant funds Durham crisis response centers sub-recentive contract emergency shelter operations and essential services Item five is the conditional commitment of subordinate financing and amount up to 3.8 million For the second phase of a rental development of the loss of south point and a conditional commitment to fund south side And that's the difference in south side and the conditional commitment to fund associated site preparation and infrastructure improvements Item six is reclaim water master plan development Item seven is sr 59 chemical control of sanitary sewer root intrusion Item eight is the bid report for march 2015 Item 10 is acceptance of the donation of a sculpture from liberty arts ink Item 11 has been referred back to the administration Item 12 is amend the physical year 2014 2015 city of durham budget item 13 acceptance of the 2015 national recreation parks association parks bill community grant Item 14 is 2015 police specialized programs units special revenue fund Item 16 is 2014 recreation advisory commission annual report Enterting a motion for the approval of consent agenda items It's been properly moved. The second madam clerk. We open the vote Close the vote It passes seven is zero We'll move to the general business agenda for public hearings item 17. It's conference plan amendment guhawk 8 14 0 0 0 7 Good evening. Mr. Mayor members of council pat young with planning department I can first certify for the record that all public hearing items before you tonight have been In accordance with requirements of law And we have affidavit to that effect on file with planning department As the mayor introduced the item before you is a requested plan amendment by howard partner on behalf of google health bakery To amend the future land use map of the comprehensive plan Uh specifically the designation of a point four acre site located at 2706 durham chapel hill boulevard From its current future land use map designation of medium density residential To commercial This plan amendment is associated with the following case on your agenda this evening as owning map change Request for the same property and uh if both cases are approved it would allow the Provision of additional parking at this existing business Uh staff recommends approval of the plan amendment before you as it meets the four criteria four plan amendments Uh called out in the udo And the planning commission recommended approval of the item by vote of 12 to 0 at its march 10th meeting I'll be happy to take any questions. Thank you for the staff report. It's a public hearing the public hearing is open As far as other questions by members of the council staff hiding If not, is there anyone in the public that wants to speak on this item? No one is signed up to speak Someone has signed up to speak Oh, okay. I'm here. I'm sorry Head to wrong power Okay, we have one two three Three persons that sign to speak is anyone else that wants to sign that wants to speak on this item If not, uh I'm going to call it dons davis stevensson Howard partner is african And susan seal Sewell Let me do this. We have persons that are In support and persons that oppose Those in support you have 10 minutes. Those that oppose have 10 minutes. You don't have to take all the time, but Could just state your name, please. Okay. My name is Howard partner. I'm the applicant for the uh rezoning request for google haw as you know, um the uh Google hawk restaurant has become a landmark durum culinary destination And as a result of the popularity and success of google hawk the currently available parking is insufficient Resulting in excess traffic in parking on nearby residential streets That has inconvenience the neighbors nearby google hawk and disturb the neighborhood tranquility And it has also resulted in excess traffic movements on and off of durham chapel hill boulevard And created unsafe pedestrian traffic across the boulevard also All these factors result in a risk to health safety and welfare of the public In the past the local neighborhood association the uh tuscaloosa lakewood neighborhood association Has opposed expansion of commercial development onto the undeveloped lots that are situated between Durham chapel hill boulevard and frances street behind google hawk But uh now after extensive and i must say productive negotiations with the neighborhood association We have proposed a development plan that does not allow any building on the undeveloped site That maintains vegetative buffers on all four sides of the proposed parking area And including a 22 and a half foot width buffer along frances street with decorative screening fencing That also preserves most of the mature trees on the site And reduces the height the maximum height of the required light poles Additionally mrs. Miss cooper the owner of google hawk and tlna have signed an agreement that provides additional restrictions on the use of the proposed parking area that that also oversees the maintenance of the perimeter of the parking area And restricts future possible changes to the current development plan So as a result we now believe that we have addressed the parking issues at google hawk And we have the support of tlna for this change To the zoning designation to allow for the parking expansion We believe that the Approving this rezoning is in the best interests of the tuscaloosa lakewood neighborhood in the best interests of google hawk And the other businesses located in the building And is in the best interests of all the citizens of durham. So we ask for your support. Thanks It's david stevensson Good evening. My name is david stevensson. I live at 28 or 9 legion avenue And i'm president of tuscaloosa lakewood neighborhood association In recent months tlna has negotiated with google hawk to find a way that we could support Their zoning request rezoning request and thereby alleviate The heavy burden of traffic and parking from google hawk staff and and customers on our residential streets Besides allowing our input on the on the particulars of the development plan Including the text commitments google hawk also agreed to place restrictive covenant on the land as a Further layer of protection and we have entered into a side agreement Containing other commitments not appropriate for inclusion in either the the development plan or the covenant I provided copies of this side agreement to council prior to this hearing Negotiations on these points were arduous and came to the brink of collapse on several occasions There was a huge amount of give and take on both sides Besides tlna board involvement There was input from an ad hoc committee of concerned residents formed to address the matter The particulars of the agreement were also discussed on the neighborhood listserv and residents in the immediate vicinity of the property Were leafleted to ensure they had an opportunity to be heard In the end We arrived at an at an agreement that I believe adequately safeguards the interests of affected residents and property owners of tuscaloosa lakewood And that if implemented consistently will greatly alleviate the situation that first led us to consider supporting the rezoning Nevertheless, this action does not enjoy 100 support of residents and I appreciate and respect opposing views Since any residential to commercial rezoning carries risks For its part the tlna board has author has endorsed this agreement by a majority vote under section nine of the agreement I am obligated to appear at any public hearings and voice the association support. I'm hereby discharging that duty I urge the members of this body to vote in favor of this proposal Although each rezoning situation is unique I truly hope that others in our position will consider taking this sort of Constructive yet hard-nosed approach to resolving the commercial residential issues that will inevitably arise as Durham continues to grow and thrive. Thank you You're welcome Let me ask is anyone else who wants to speak in opposition to this item And in support of the site. I'm sorry If not, I recognize miss susan sue And is anyone else that speaks wants to speak in opposition to this item? This is a public hearing matter Not susan. Hi. My name is susan. Sewell. I live at 20 904 legion avenue I live in a residential lot exactly one block from the lot that we are discussing here And I am on the same boundary between commercial and residential along 50 501 that this lot is now leaping over I speak in opposition to this rezoning for myself and for those neighbors who are concerned about this zoning change We continue to strongly believe that the best boundary between commercial and residential is backyard to backyard Our trash cans and sheds back up against commercial trash and storage This is the best way to be good neighbors and the best protection for maintaining a stable residential neighborhood Alongside commercial areas and we have areas like that on two sides of our neighborhood We look forward to partnering with our business neighbor businesses to support growth and find solutions to parking issues While protecting the residential areas No one wants vacant lots and underused buildings marring this growing and vibrant commercial area The new street design may help and so would sidewalks by the way We are fortunate that we live in a neighborhood with an active neighborhood association TLNA has worked hard for many years on this issue as you may know I am glad they have achieved a compromise that still gives us some protection by using a development plan To provide a non-negotiable buffer along our residential street and limit the commercial use to parking only Along with the development plan with fosters. We now only have a small stretch along francis that is unprotected by development plan But it shouldn't require special knowledge and a strong neighborhood association and years of negotiation to protect neighborhoods I urge council members here and in the future to be very vigilant in this important area And direct our planning department to protect buffers along these boundaries Some recent changes in the udo are a good step in the right direction and I thank you for them You're welcome Are the other persons that want to speak on this item? either for or against Let the record reflect that no one else has to speak I will close the public hearing the matters back before the council Let's recognize councilman catari I will move the item, but I also want to make a comment if I can I appreciate your comments susan And I do appreciate your proximity and where you are. I do think that this was a that the um The agreement for this particular parking area. It it includes many many protections. So Presuming that others in the future would have to do something quite that stringent I I think I'm very comfortable with what the neighborhood and uh google huff have negotiated on this site. So thanks I second that motion Let me close the public hearing. Oh, I'm sorry Okay I'm sorry Uh public hearing is closed Not a conversation. I assume councilman catari's motion remains the same Approach In a further discussion on item If not, madam clerk, will you open the vote? Close the vote It passes seven is zero Move to item 18 zoning map change for the parking expansion of this development google huff Thank you. Mr. Mayor members of council. This is the uh companion zoning case to the plan of the case you just heard Z 14 00027 google huff parking expansion And it's request to change the zoning map designation of the site You just consider point four acres located at 2706 Durham Chapel Hill Boulevard From its current designation of residential suburban eight to commercial general or cg with the development plan Which commits to a parking area Please note this site is within the tuscaloosa lake wooden overheard protection overlay and that this development plan Requests the approval of a fence greater than four feet in height In the street yard along france's street, which would be approved if this item is approved The development plan does commit a number of commitments that are in accessible remnant standards Which include the prohibition on buildings preservation of trees the general location parking envelope And the location in detail for the aforementioned fence Uh staff determines this request is consistent with the conference of plan and other adopted policies And ordinances and the planning commission recommended approval by vote of 12 to 0 at its march 10th meeting I'll be happy to take any questions Again, this is the public hearing the public hearing is open. You've heard of the staff report I recognize the members of the council recognize council moff and council shul in that order Mr. Young um in uh during the Conversation on the plan minimum. We heard discussion of a sidebar agreement between the neighborhood and the applicant Um, I think everybody probably knows but just in case would you comment on the enforceable the role of the planning department in enforcing various commitments Sure. Thank you councilman moffat the the only Uh agreements that are enforceable by the planning department are those that are included in your development plan The agreements that were referred to by mr partner and others Previously are enforced enforceable strictly by private Means private a private tort would have to be brought to enforce it through the court through the courts Is that it don't recognize the council shul? Thank you, mr. Mayor. Uh, first, I want to second, uh, diane's earlier comments about, uh, the uh, the fact that the neighborhood and the uh Folks at google hoop were able to get together and and uh work this out That's doesn't always happen and it's great to see that you all did that. I know sometimes that can be hard, but thank you Uh, there were the I didn't see uh amongst the text commitments anything regarding the um The two uh commitments asked for by the bicycle pedestrian advisory committee and perhaps I missed them, uh Mr. Young um The uh text commitment on the development plan to provide an accessible pedestrian connection between the frances street and the existing proposed parking lot I couldn't quite tell if that was even necessary given the configuration here Uh, but I was especially interested in the second one uh text commitment on the development plan to provide bicycle parking on the existing google google hoop site Just want to say that given the fact that we are reconfiguring Uh this street that um, I'm hopeful that we we I think it would be great to have bicycle racks there That would serve the customers of google hoop Including all of us when we ride our bicycles over there, uh on the on the newly configured street So just I wanted to know if maybe I missed that and if not, I'll be asking the developer about that Accounts Michel Knight neither of those commitments were made by the applicant Thank you Let me ask if there are other comments by members of the council before we ask for public comments If not, uh, the same persons that have sounded to speak for items 17 and 18, I'll call your names and we have proponents and opponents david stevensson and how a partner Our proponents and susan sull as an And uh opponent Yeah, we've got Five minutes for this right here. Okay. Oh, we really don't have anything more to say unless you want some Further explanation about the bicycle parking So let me talk about that That request for bicycle parking park apartment this minute. Don't count that five minutes against him. This is councilman schuels asked for this All right, I'm going to stay within five minutes. Anyway The request for bicycle parking came kind of late in the process of the of doing the development plan and And in order to Actually get this parking on the ground. We have to do a site plan approval process And bicycle parking is required because we're reconfiguring the parking We have to Stay within the current regulations and requirements for bicycle parking So there will be a requirement for bicycle parking and we will provide bicycle parking We just This we just thought it was It would make more sense to incorporate the bicycle parking into the site plan review rather than make it part of the development plan And making it one of the text Commitments of the development plan, but we will be doing bicycle parking And will you all make that a text commitment? um We don't think it's necessary to be a text commitment because it's going to be it's a it's a normal requirement Of the udo in order to get our site plan approval so, um Mr. Young Can you can clarify please? Thank you So I was just discussing with the planning director pat young again with the planning department Mr. Howe partner is correct the the development of the currently vacant site or the The current the site proposed with this zoning for the development of the parking lot would require New parking spaces. I was asking staff to help staff to help me confirm the rate What's being requested in the commitment is additional parking to be provided on the parent site And that I don't believe that would be required at the time of site plan So that's what the commitment is focused on enhancing the existing Restaurant site there would be required by bicycle parking associated with the parking lot development Yeah, thank you very much. Thank you. I don't have any additional remarks, but I'll answer any questions. Thank you Susan I don't have any additional remarks, but I will let you know on the non involved part of this lot There is a pedestrian entrance on to frances already Okay, let me ask other other persons that want to speak on the site of them even before against this being a public hearing Uh, like the record flecked and no one else asked to speak I'll declare the public hearing to be closed matters back before the council for discussion Been properly moved a second. Madam clerk, will you open the vote close the vote? It passes seven is zero. Thank you Mr. Mayor, we need a consistency statement with that item, please It's been properly moved the second madam clerk. We open the vote Close the vote It passes seven is zero Thank you Okay, item It's not moving Item 19 zoning map change Let's give what's the election laxmi plaza Z 14 0005 Thank you, mr. Mayor members of council pat young again with the planning department Laxmi plaza z 14 0005 is a request to change the zoning designation of approximately 0.82 acres A property located at 48 23 hopson road On the north side of hopson west of nc 54 From its current zoning map designation of office institutional to commercial neighborhood with the development plan This would allow a maximum of 7,788 square feet of commercial uses at this site The development plan associated with this item includes a number of continents Above ordnance standards including the required dedication of right-of-way along the front edge of the site And restrictions on uses specifically prohibiting restaurants with drive-through facilities Banks and fuel sales along with a number of other graphic and text commitments detailed in your staff report Staff determines this request is consistent with the comprehensive plan and other adopted policies and ordinances And the planning commission added smarge 10th 2015 Meeting recommended approval of the item by a vote of 12 to 0. I'll be happy to take any questions I've heard of staff report. This is a public hearing. The public hearing is open to ask other Questions by the council and the staff report If not, we have two persons that have signed up to speak on this item It's vj vaulty culty and cliff cradle And let me ask is anyone else that wants to speak on this item their own two names. I have signed up If not, uh, you have five minutes And you can pronounce your name because I know I've butchered it. I got the vj straight. I'm sure Well, I'll let vj talking minute. Oh, you're not vj. Okay cliff. Would you prefer we go in order? Hi, would you prefer we go in order? No, that's fine. It's up. I appreciate that uh, cliff cradle cradle engineering, uh, to the four east markham avenue Durham north carolina uh, I was one of the uh Engineers on this project and what we were trying to accomplish was utilize this existing building that's located on hopson road And turn it into again a viable resource for the community. Uh, right now there's a planned grocery going in that in that, uh, building Um When this building was first built it was kind of in a rural area and the areas has been growing. Um, Which is a good thing for the community and we want to again utilize this building Um, we had a few little challenges and we work closely with the transportation department and the planning department to make sure that We were proposing no site improvements on the building just utilize the existing Building and we work through that with these departments and we feel like it. Um, we've done a Done our due diligence in putting this forward and that's why we're asking for you to Approve this request this evening. Um, since I'm the engineer, I'll let the uh, that the uh, tenant speak But if you have any questions, I'm here to answer those. Thank you Good evening everyone. I'm vj. Bhattakuti 115013 make field court carry And I saw an opportunity when I see a vacant building Uh in Hobson road now, uh, there is not of new community around the building more than recently so I think, uh Running a grocery store with the produce and uh, dairy products with some food would be a good opportunity for business and convenient for the new families around the community Um, so I applied for this and not reasoning and And if you prove it, I would like to do the business Well, thank you. Let me ask other questions of the developer by the council Is there anyone else who wants to speak on this item either for against the proponents? Do not let the record flick no one else has to speak I'll declare the public going to be closed as a matter of fact before the council Second it's been properly moved to second madam clerk. Will you open the vote close the vote? It passes seven is zero and it consists of a statement It's been properly moved to second madam clerk. Will you open the vote? You close the vote it passes seven is zero. Thank you. Thank you very much. You're welcome I moved item 20 Thank you. Mr. Mayor members of council pat young again with the planning department item 20 is the consolidated annexation item related to Approximately 26 acre parcel located on herndon road in southwest Durham Which if approved would allow for annexation of the subject properties provision of city utility services and development of up to 48 residential units The utility extension agreement associated with this item Brought forward by herndon partners llc Has been reviewed by the public works and water management department Who have performed a utility impact analysis and determined that adequate sewer and water capacity? Is available with improvements provided by the applicant A voluntary petition for contiguous annexation has also been submitted Budget management services department have coordinated a fiscal impact analysis based on the proposed use of the site under the most intense uses permitted by the initial zoning And their analysis projects that estimated revenues will exceed estimated expenditures shortly after annexation And finally the initial zoning pursuant to state law Is being recommended as rr a rural residential the slowest intensity zoning permitted in the suburban development here staff recommends the council approve this item and Be happy to take any questions It's the public hearing the public hearing is open. Let me ask some questions by members of the council Here and on Go to the public. I have one person that's signed up to speak on this item jarard Edens is anyone out anyone else? All right Five minutes. Good evening. Uh, jarard. Edens with Edens landcourt. I'm just here to answer any questions that you may have. Thank you Are the questions of the recognized council market? I actually have a question for staff And I was looking for my waiting to get my notes up from the work session The question I had was It appears that it's rr now and it's going to be rr if we pass this but it's going to have different densities Is that correct? Can you just clarify that for me Sure councilman mobbit. I the differential densities used for the analysis What we're based on the fact that city water and sewer utilities would be available at the site And we'll be likely to support More units Okay, so i'm feeling a little fuzzy headed here So rr comes with different densities Depending on whether utilities are provided That's correct. Okay That's correct. And um, I didn't see a development plan. No development plan was required. Is that correct? That's correct This is the lowest intensity residential zoning allowed in the in the Suburban tier Thank you Are the other courses recognized councilman davis But thank mr. Mayor. I'd like to ask Mr. Edens if there had been any Opposition to this development from the lakehurst community or any of the adjacent communities along herndon road And then i'm aware of now Any further questions you recognize councilman mock it. Yes. I have one other because it's I just need to confirm it did not go to the planning commission. Is that correct? That's correct because it's an initial zoning and the planning commission has the standing policy to If the zoning is identical in the city and county despite the difference in density, there's there's no review by the planning commission Okay, so this is the lowest density in the city This is the lowest density zoning district. Yes, sir. Okay, thanks any further questions if not Close the public hearing Matters of fact before the council move the item It's been a property move the second madam clerk. We open the vote and close the vote It passes seven zero We have a consistency statement It's been property moves the second madam clerk. We open the vote and close the vote It passes seven zero thank you item 21 if I can get my Okay Unified development ordinance text amendment revisions to the wildest communications facilities ordinance tc 1 2 0 0 0 13 Thank you very much. Michael stuck with the planning department As previously mentioned all required notification has been performed to for this public hearing item and are available on file for review Tc 12 0 0 1 3 is an amendment to the limited use standards for wildest communication facilities or wcf's Found in section 5 3 3 n of the unified development ordinance or udo Additional revisions are also proposed in article 16 definitions and other ancillary sections to the udo On november 8th 2012 just for a little background the city council directed staff to review the current udo regulations for wcf's In regards to issues raised by concerned citizens Subsequently staff developed multiple draft revisions to the wcf regulations based upon direction and comments received by the joint city county planning committee Or jccpc on august 6th of 2014 After multiple public hearings with the jccpc staff received final direction To move forward with the official adoption process For the revision of the wcf regulations Throughout this process the planning department staff has involved both the city and county attorneys Offices to verify that the changes are compliant with apical state and federal regulations Staff has also met with and received comments from stakeholders consisting of individual citizens neighborhood groups and industry representatives Most concerns were in regards to new freestanding wcf's or otherwise known as cell towers In addition the proposed revisions provide what a following i'm just going to run through a quick summary Technical revisions to comply with state and federal regulations Technical revisions to reorganize sections and to remove superfluous requirements Address the citizens concerns about notification Prior to approval of new cell towers, we're acquiring more instances of minor special use permits that involve quasi judicial public hearings In residential zoning and in areas near residential zoning Address the citizens concerns about notification regarding new cell towers by requiring balloon tests and notifications of those balloon tests For surrounding property owners prior to a minor special use permits in the middle Address the citizens concerns requiring tower safety by providing for greater setbacks From property lines and new setbacks for natural gas line easements Addresses other concerns regarding liability abandonment aesthetics buffers and height What it also does is maintains regulatory preferences towards co-locations on existing towers and other structures That are suitable for the for the wcf's also maintains a differentiation In the approval process between concealed and non-concealed wcf's although The regulations Model that a little bit more And add new standards for a new type of freestanding cell tower called a unipole and that was a cell tower You may have been familiar with back in december. You had a text amendment submittal for unipoles that city council denied Indicating a preference for those regulations to be brought back with the overall changes to wcf's The pying commission has recommended approval eight to four with the additional recommendation of reducing the maximum height of towers on properties known to rr in the suburban tier This is also a recommendation proposed by the inter-neighborhood council staff has not included that change in the text amendment at this time due to Staff considering it a substantial policy change and staff not receiving any policy direction at this time to move forward with that change And there are also concerns raised by staff that have been detailed within your staff report also I would like to note that there is one correction to the staff report regarding unipoles The report indicates that all unipoles in rs20 and rr districts would require a minor special use permit However, the draft amendment indicates that it's 60 those that are 60 feet and above would require a minor special use permit Uh as a reminder council will be required to take two actions a summary done for zoning map changes The first action will be to vote on the amendment itself, which is attachment a in your agenda packet The second action will be to vote on the appropriate Statement of consistency found in tattooing c of your agenda packet staff will be happy to answer any questions. Thank you Thank you. It's a public hearing the public hearing is open. It would ask other Questions by members of council recognize the mayor pro tem Could you remind me when you started work on this item? It's been a long time. Um, we got initial direction back in november of 2012 And we first brought the item to jccpc. I believe in that Early spring of 2013 Did did you have an opportunity to look at the questions posed by mr. Rudolph? Um, we took a we got them just now. We did read through them briefly I could answer any particular questions that you may have regarding them Could you just go through them? You don't have a I don't have a sheet. I return them back. Okay Could someone I'd be glad to take one Because I'm just hoping we can get this one off your plate tonight Let me do this. I just want to remind Councils of public hearing. I have seven people that six people sound to speak in opposition to The uh, is this the the uh changes uh requested by miss fahrenbacher or Miss rude off Are there other comments by members of the council? Uh, if not, I just have a councilman brown I just want to make sure we heard from staff correctly uh So you did not receive a copy of these questions From miss rude off. They were just presented to us this evening. I believe that correct Through councilmember moffett They were just provided to us this evening. They were just yes provided to you this evening And yet we've been Discussing and debating and dissecting this issue since 2012 That is correct Thank you They know the questions or comments by the council If not, we'll proceed to the public hearing. I have six persons that have signed up to speak As opponents and two people as proponents So what I'm going to do is to allow three minutes Each for each speaker For a total of 18. So that means opponents, which are two you have 18 minutes proponents opponents Which are six you have three minutes each And as anyone else who wants to speak on this item that hasn't signed up As we move forward If not, I'm going to recognize uh fridt bower And daniel roges roges roges Mayor bell council. Thank you. My name is fred bower. I live at a 314 eagle view drive Which is in the south point area here in the southern part of the county And i'm the vice president of the homeowners association for the eagles point Subdivision. This is one of the neighborhoods that first got involved with this whole process Back in the 2012 2013 timeframe And we really got involved because we wanted public's involvement and say in when and where cell towers are placed in our county My paycheck exists because of this industry. I work for lenovo. I'm in technology I value this but I do support strict regulation of placement of cell towers among homes in residential areas A lot of time went into this amendment to make the ordinance more resident friendly I think there are still a few things that we haven't yet gotten to but I am in support tonight of this The the biggest part of the amendment That I would like to draw your attention to is the fact that the planning staff Can put a tower in my neighborhood as long as without my input because as long as it's petite and camouflage so under 60 feet by the current text and Hidden from view and that's without my input that same tower According to what's happening with the FCC at a federal level right now We'll shortly be able to jump to 150 feet Afterhead it has been placed as a petite camouflage tower and that's the area. I think is the most exposure here There's a whole new reality allowing industry to grow the towers. This is through the FCC Orders endorsing options to increase height mass and ground equipment of towers once they're placed This amendment is unclear on how it deals with the modification of towers in these residential zones And what a substantial change constitutes My neighbors and I want to really know what who's authorized to approve a substantial change And it looks to us like it's the okay Solely by staff because there's nothing in the text today that states Whether or when a transformative change goes through a public hearing Because towers can be significantly altered The neighborhood would like to to tender a concern That residents should be at the table when original towers go in even if they are a petite and camouflage So I am in support of this additional regulation I think there's more distance to go Toward having a fair and equitable involvement of the public and the neighborhoods in the placement of towers Given what's going on at the federal level allowing existing towers to be extended once they have been placed Thank you for your time You're welcome. Let me because I I'll lose some of these points. Can can you respond to his question about who's authorized to approve? Sure Mr. Bauer brought up a correct point that the FCC has Specified rules based on federal statutes as to what can be done By right and what can be done Through more substantial review by local municipalities as we've seen There's been an increase over the years of More eroding of local zoning control over WCF's has been gradual and this is one instance where A request that is considered an eligible facilities request if it meets those certain requirements Can be done by right assuming that it meets all local Structural and safety requirements the Jump from 50 feet to 150 feet isn't correct. It's 20 feet or 10 whichever is greater Once you get beyond that it's considered a substantial change which would need to meet all local regulations So if it's a substantial change, if it doesn't meet those minimum Changes that the FCC Has interpreted as modest changes to existing facilities Then they have to meet all Local requirements So if there was a minor special use permit on the site and it limited it to a certain height and there was a request to go Higher they would either need to seek a new minor special use permit or You know other remedies to go higher That's the best short answer I can give you The question about notification Notification that's actually part of this Process has actually increased the notification requirements for all minor special use permit applications. The request came into to increase it for 600 feet for Minor special use permits involving cell towers Staff pointed out that It's just better to make it consistent for all special use permit applications on administrative level And and consistency for all applications So the ordinance will be increasing notification from 300 to 600 feet out from the property boundary lines of any new site Or any minor special use permit request Thank you. Thank you. You're welcome Um Next person is Danielle Roje Hi, I'm Danielle Rojas. I'm here from Pennington law firm on behalf of our client for rise and wireless I just wanted to take a moment to thank you for allowing us to participate in this revision process And to commend your staff for their excellent dedicated work We support the draft that you have before you this evening and thank you Welcome Susan Sewell Dolly fernbacher mill fernbacher Carol said ball Donna Rudolph And Phil Azar and that would Doesn't make any difference as long as you stay within your three. Well, let me let let me say this It's a total of 18 minutes. I've said that's three minutes per person. So Thank you Good evening mayor bell mayor pro tem Uh coal mcfadden city council members. Thank you very much for letting me speak tonight. I'm philip azar 917 mammoth avenue and tonight i'm speaking on behalf of the inner neighborhood council of durham We've all been involved in wireless cell facilities and their regulation for a long time as have you As has staff it has been a very long time. There was a lot of learning to be done among neighbors And uh and I believe even staff There are there is room probably for some additional technical clarifications That said inc's main if not soul overwhelming concern Is the issue of cell tower height in rural residential areas in the suburban tier Um In our view there is no compelling reason to treat these areas differently from other residential neighborhoods in durham Either the city or the county These neighborhoods even though they're rural residential and they may or may not as we've learned tonight have less density in terms of Setbacks they have Vertical height restrictions that are comparable to neighborhoods in other areas So there's no expectation that merely by living in A rural residential area that one would have a significantly taller cell tower next to you So we would hope at the same way we've we've tried to treat all of durham as one durham one called uniform development Ordinance etc that we would from a policy perspective Just have a a uniform height restriction on cell towers in residential neighborhoods Um While this is our overwhelming concern and we understand that there is in the common parlance a level of wireless cell facility fatigue Some of the questions that are raised I think are very legitimate in terms of When is there a need for Something undergoing a substantial transformation to have to meet All of the initial code new revised code as opposed to Just Happening But that is a level of technical review technical question that INC Doesn't have this is exactly the area where staff Either in planning and i'm on the verge of going over i'm i apologize Or the attorney's office for the county and the city To do so those questions i'm not going to try and weigh in on i would i think that is exactly what staff Is there for but on this policy issue? I would ask very strongly that Rural the residential neighborhoods throughout durham are treated the same. Thank you very much. You're welcome My name is susan sull. I live at 2904 legion avenue and i was a part of the cell tower study committee the first year That's how long it's been going on. I wanted to draw your attention that when we presented before the planning commission They were in 100 agreement with the small change To add rural residential in the suburban tier Which is actually not all that much land To be treated the same as rural as residential elsewhere in durham And we were told by them that the planning commission could only recommend that to you and that it would be up to you to Ask the planning department to make that small change and i'm here asking you to do so Thank you Sure If i just may make a point of clarification the planning commission voted eight to four on your comments Should indicate that there were a couple planning commissioners. They were in the minority that were not supportive of that recommendation Thank you dolly farenbacher I live at four oak wind court in durham, north carolina I am here speaking on behalf of the good neighbors of 751 durham Our neighborhoods see two major concerns in the planning amendment tc 12 000 13 rewrite of the udo for the wcf's The first is the lack of height requirement in the suburban tier of the rr zone Similar to the height standards provided in residential zones within the city As inc president philizar mentioned We also recommend the equalization of all durham neighborhoods relating to the tower height regulation Our second concern is the lack of safety specifics Ensuring durham residents of protection under the general requirements section of the proposed udo text on page four Rusty munroe an industry expert and consultant who spoke at the triangle j council of government Sponsored by ellen rechher has said To north carolina, we have found that about 50 of the existing towers with facilities attached Them with facilities attached to them that are proposed to be modified Fail the structural analysis In other words after attached facilities are upgraded These towers will exceed the design structure capacity of the tower Many of these towers are approaching 10 years in contractual agreements of 50 years Or just one fifth of their life Going forward we want our elected officials to require the wireless facility industry To be accountable to model codes as you hold local citizens accountable when we Construct as many other counties are doing we want a comprehensive list Of safety requirements written into the durham udo That will establish predictable And consistent minimum standards that the wireless facility industry Will responsibly comply to for safety of both new built towers and then future Colocations Thank you Yes, thank you. My name is mel fahrenbacher. I live at four oakland court And i'm a registered professional engineer in the state of north carolina since 1990 In addition to the cell tower itself there are many components to a wireless facility Transmitters receivers power converters generators diesel fuel storage tanks air conditioning units to mention a few When the height of the tower is increased and as more antenna arrays are added the overall safety factor of the tower is reduced During hurricane sandy 25 of the cell tires and the storm's path were disabled by the storm It is worth noting that when hurricane fran hit us in 1996. It was equivalent in strength to To sandy So here in durham there are cell towers next to schools churches and homes Therefore a robust safety factor is needed for all tower components to protect the people near them Comprehensive safety and noise regulations should be listed in the udo to require developers to make good choices on the quality and durability Of all the components and for the appropriate locations into the neighborhoods Therefore, we are asking for the following addition under 5.3.3 point n.3 general requirements See structural operational and insurance requirements. This is all on page four and this is what we'd like added All components including the antennas will strictly comply with current versions or additions of the latest applicable building structural electrical and safety codes And with all other laws codifying objective standards reasonably related to health safety and land use In the event of a conflict between or among any of the standards the more stringent code shall apply And then there's a sentence already there that says structural and ansy standard shall be met or exceeded throughout the life of the wcf We would like and antenna added to that because that was the main element that failed in the Hurricane sandy and they probably went flying everywhere So this wording would make it clear to the wireless facility developers that in durham county safety counts and it is important to us Thank you Carol Baldwin. Good evening, mayor Bell and council. My name is carol Baldwin. I live at 8105 Crichton lane in the buck crossing neighborhood I would like to thank the council and city staff for your attention continued and long time attention To our concerns as you have undertaken the formidable task of crafting and adopting this new amendment Resident input and safety were our top concerns when we came to council in 2012 We urged you to stop allowing cell towers in residential areas Without resident input and to change a policy allowing towers too close to homes and high pressure gas lines in residential zones Thank you for responding to our concerns with the new safety setbacks in the amendment Tonight, I am here to ask you to keep safety foremost in the approval of all towers and modifications To towers in residential zones by inserting mr. Ferenbocker's proposed wording into the pending amendment Even in the old udo and up through september the sept september 2013 draft of the new amendment There existed explicit wording covering the requirement to meet local safety codes and other local laws Related to health and safety Then at some point in the amendment process the wording disappeared relegated to being only implicit inferred or implied In the FCC's order 14 dash 153 the FCC recognizes that wireless facilities Modification should remain subject to building codes and other non-discretionary structural and safety rules Pointing out that states and localities may require specific safety compliance for approval And I quote States and localities may require a covered request to comply with generally applicable building structural electrical and safety codes Or whether with other laws codifying objective standards reasonably related to health and safety And that they may condition approval on such compliance We are asking that safety which the FCC clearly recognizes as an important regulatory right For states and localities be added to Durham's udo specifically to the general requirements section relating to requirements for any site plan Application for wireless facilities. Thank you You're welcome Finally Donna Rudolph and is there anyone else that wants to speak Who has not spoken has not signed up? If not, Ms. Rudolph will be the last speaker Yes, I'm afraid that when you see me you have cell tower fatigue I've been talking about cell tower revisions since november the 8th 2012 in The first citizen matters that I ever attended In any case, I do want to thank you for having resolved to revise the The wireless udo and I want to thank the staff particularly michael stock for addressing the questions And I want to thank the i&c for it's For the many for a whole semester of studies of other ordinances to finally get A model for that we could support But I want to say that And I am I am very gratified by the safety stat backs and by the height limits According to zone that have been achieved in the amendment But the reason I the reason I presented my paper tonight So late you might say is because Michael just won't answer me on some of these or he or my questions weren't the right way or the answers went over my head The last time I was at the january 9th meeting with i&c zoning committee and planning I I felt that these were not answered So I wanted these to come to you if you don't mind circling number one two and three on the paper that's for me They have to do with the new landscape that's coming in with regard to towers I don't know if you have Assimilated it yet the towers can grow So what starts out as a 60 foot tower approved by planning Can be modified There are two modifications michael mentioned eligible facility requests. They're the modest. They're the petite modifications limited to 10 feet in height But the substantial modifications are transformational You can raise the tower more than 20 feet You can add horizontal Protuberances to hold antenna that can be more than 20 feet per side And you can grade outside the lines if you like say color outside the lines The existing if you had maybe a 60 foot tower you could have one chin and one wireless carrier If you can raise the tower to increase the robust capacity that the FCC says we need Industry can raise the tower for example more than 20 feet or At least 20 feet or more than 10 of the tower So if I were a tower owner and I wanted more clients like sprint as well as T-Mobile and AT&T 60 feet would bring me one client But I could double it and I could have three And if maybe I get a hundred thousand dollars a month and it becomes a much more valuable piece of vertical real estate And I'm satisfying the demand of all the peoples who have cell phones and tablets But what I'm talking about is the new landscape that towers can grow and be transformed Is not adequately addressed in the amendment. I feel it's not clear enough to Joe public So I ask Michael. I mean now I want to ask you tonight Michael and I want you all to ask Michael or number one What do these substantial modifications look like it's not written in the text You can all if you want to say pursuant to FCC 14 153 fine But I want you to also tell me at least in the definition section 16 The four substantial changes that can happen to these towers And under I want to know Whether the towers who it's There is the statement in the in the amendment that says all of these substantial changes will be held to applicable Ordinance standards I want to know what some of those are. I want some examples And barring the third question I have is who's responsible for approving Who has the authority for approving of the substantial changes? It looks to me That at this moment the substantial changes that can occur in residential zones on the concealed towers Are in the hands of planning? And if these towers that start at 60 feet can be modified to 120 feet I don't get any input because the tower gets to be modified by the entity that Approved the original tower. Do you follow what i'm talking about? The upsizing happens under the authority of the same authority who approved the tower I would rather see since these towers can grow I'd rather see that there's input from tower one then so that i'm and i'm also included when it becomes twice as high Which so the the three questions that I have then are the approval What the changes look like put it in the document because I think the law is supposed to be a level playing field between Vested developments and joe citizen and if it's all interpreted by implication And by ambiguity That has to be interpreted by attorneys then I feel that it is advantage So I've been fighting for the clearest possible statement in the ordinance that we can have. Thank you Welcome That concludes the persons that had asked to speak. I'm not closing the public hearing yet, but I just want to make sure there's no one else to speak In that case, I'll back to the council for comments questions I recognize the mayor pro tem. Are you councilman gattari councilman day was in that order Michael Pat and steve what else can we do? tonight to try to move this forward What what have you Not done. Well, what else can we do? I don't want to sound negative. So I won't ask what you haven't done What else can we do tonight? to move this item forward To move the item forward tonight. You would need to approve it as written you could always Uh asked staff to come back with later Changes to it if there are certain specific Changes that you'd like to see but would not like to hold up the current text amendment itself We can do that but any Changes that you'd like to see as part of this Would require us to at least go through and more a little more thoughtfully look at the requested text or any other changes that you usc council propose And come back to you with those changes If you wanted those changes incorporated with the text amendment ordinance before you tonight including the safety concerns Safety concerns. I mean we can address that right now. Um, the current language staff fields and attorneys feel Cover what is being more in in terms of the uh, the the opponents or the citizens covers what Uh, would be looked at in terms of building permits. They look at the structural to look at the ANSI requirements It's not it's required through building permits. It's also required through site plan approval in terms of requiring those documents We require those documents now under the current ordinance Um, also that specific language is built into any eligible facility request definition That definition is part of the ordinance has been added as part of your text amendment and the public safety building code requirements Are all part of that eligible facilities request definition also so, um Also wcf's in terms of adding antennas or other things the definition of wcf Is all encompassing it it encompasses the trend the equipment it encompasses the antennas It's not just the tower itself. Wcf is the entire facility and that's part of the definition in the udo currently That's enough for now. I'll I'll just wait That's councilman cotaide and then councilman davis Thank you. Um, first I want to thank everyone for their efforts over this very long process the neighbors INC planning commission staff my colleagues on jccpc, etc Um, as we all know this has gone under considerable amount of review and conversation So I want to ask a few clarifying things. Um, I I mostly want to focus on the INC, but I think I'll start with Donna's last question. Um My understanding when you said substantial change would be 20 feet or 10 percent That's correct. And then that would require a minimal. Sorry a minor special use permit Yeah, it would need to fall under any Any ordinance requirements? So if the ordinance requirement is to do a minor special use permit for say new freestanding towers And yes, you would have to go for a minor special use permit or might not be able to be done at all If the regulation that they're seeking a height beyond what the height maximum is Okay, and can you clarify what the minor special use permit process is and who you go to for review and what the protections are involved in that? Sure minor special use permit process is a public is a quasi judicial public hearing process heard by Uh, the Durham city county board of adjustment. Um, it is evidentiary based Uh, that doesn't mean that you have to be a technically proficient, but you do have to provide uh, and Uh, Mr. Uh, Baker might be able to elaborate if I don't do as good a job on it. Um, Provide evidentiary and credible testimony towards an application either for or against Um, there are uh legal documents that are produced for an approval or denial Of a special use permit request and those are binding legal documents on the land and the proposal itself Appeals to those decisions go to superior court and on through the court system. I'm sorry I'm sorry notification. Um, as we talked earlier before notification was 300 feet measured from property lines of the subject site is now Part of this is uh increased to 600 feet and that would be for any special use permit notification not just for wcf's Great. Thank you. Um, and Um, I'm sorry, there's also legal ads and placards, but those are standard notifications. Don't change those happen right now Okay, great. So regarding the inc request For homes in the rural residential district in the suburban tier and I know that we all have a map I believe I wanted to ask for clarification of what protections there already are or exist for homes in the rr district Particularly if you could say again um, well Sorry, maybe I'll read them and see if um There are several but my understanding is that a minor special use permit would be required for any concealed or unipole tower Over 60 feet tall and any monopine or non concealed tower No matter the height and that that would apply to sites within 400 feet 450 feet of a residential district. No matter the zoning of the site. Is that correct? That is correct. Okay So again, you've already explained to us I and I appreciate that what the minor special use permit process Entails so people would go to the board of adjustment and would have an opportunity to weigh in on that process And they would have notifications. That's correct. Okay, so um And then another point Um, yeah, no, that's where I'm going Was that the minimum lot size for a non concealed tower would remain at five acres So within the rr district in the suburban tier you would have to have at least five acres if you're proposing a non concealed tower That's correct. Okay, so I'm going to say that I personally agree with the comments of planning commissioner linda huff I think that five acres is a substantial amount of Property and I don't know that I think it is appropriate to cap the height of towers at the surrounding district because You would have to go to the boa and you would have an opportunity and I think that's um essential. I think that My understanding is there almost 11,000 properties in the rr With our zoning in the suburban tier Representing almost 30,000 acres. I think restricting that to a Maximum of 85 feet. Is that correct? Um, I might not even wouldn't be 85 feet. It would be It was the underlying 50 feet Yeah Plus, okay, so I think I will probably stop there But I think that there are lots of protections there and I have concerns about You know laterally capping height and precluding it Because again, I think that there are there's acreage There's the minor special use permit process And there's the notification. They're also additional protections And I don't know if you want to talk about those at all, but I'll stop because I know my colleagues have questions I recognize council. Davis. Thank you. Mr. Mayor a couple of questions Um, it appears that about a third of the voting members of the planning commission when this came forth Had some concerns and voted against it. Can you give me a quick summary as to what their objections may have been? I Let me just take a quick look at their comments But from what I understand is that they we explained some of the ramifications of limiting the height Within the rr zoning district in the suburban tier A lot of those issues were What councilman catati just reiterated also we got into more Federal statute issues in terms of the telecommunications act of 1996 Which focuses on the effect of prohibiting Wireless communication service What the map demonstrates to a certain extent? Is that there is a development pattern out there some of it is a more typical suburban development pattern that has Been platted historically, but as you can also see there's much more also rural Development pattern and there's less opportunities for other methodologies of providing wireless communication service beyond taller cell towers The current heights have been in place At least since the current ordinance since 2002 of 120 feet We've received comments from planning commissioners and the industry that they even request Better in taller towers or better service Reducing the height Could have an impact of either Restricting the provision of wireless Communication services, which would be contrary to the telecommunications act Could result in litigation based upon that or at least increased variance applications towards the height requirements Could result in just maintaining less than average cell service depending upon how Added the cell tower industry wanted to pursue things so The list of issues that the planning director sent out Was pretty comprehensive and I think the staff would also detail that information too Okay The second question I wanted to ask had to do with the safety concerns and the language that's been proposed by mr feeding backer In this ball one Did I hear you say that? Well, first of all, uh, they're concerned in the scenario that was presented about a hurricane sandy type natural disaster that came came through comes through would issues like the storage of Generated fuel and other things be possible. Uh, are there standards that would prevent That flow of fuel from damaging neighborhoods all those requirements go through building and fire protection inspections the fire monstrous office or fire inspections review those for or flammable storage tanks What a catastrophic event would do to facilities? I couldn't Say I mean it could happen to any facility whether it's a wcf or anything else and and the final thing is procedurally You mentioned that if we wanted to adopt the language that has been proposed We would have to vote for the proposal that's before us and then maybe get Um another discussion going about how this language might be put into the text amendment Exactly. I mean it's it's really to your discretion. Um, if you felt that some of the changes If you felt that there were some necessary changes and you wanted them incorporated into the current draft document then As the planning director indicated There would be a couple cycle delay and taking a look at those changes Putting them back into the draft ordinance and then bring it back to you continue the public hearing for that If you wanted to just Get moving on this but also ask staff to to look at these to look into these changes and bring back Through technical changes That we do on a yearly basis We can do that too City council did something similar to that When we went through the de discretionizing there were some issues raised by council and council decided to approve what was before them Initially then asked staff to come back with some of the or look into at least some of the changes that were proposed In a subsequent technical changes document. Thank you. Sure. Thank you, miss ma'am That's the council market First since the question has come up again without hurricane sandy, I'll ask mr. Furnbacher to come back up um, and just clarify for us The problems that occurred during hurricane sandy because I thought I had an understanding of it, but i'm not sure Sure, I'll be happy to melt fernbacher again it was in several news articles that 25 of the towers in that path of that storm were Taking you know, we're no longer operational. Yeah, but you know why the expert that was at the Planning meeting stated that the main thing that failed on those towers were the antenna so the antenna Did not have adequate safety Because hurricane sandy when it hit was only about 80 mile per hour Up there and here hurricane fran hit us with about 10 hours at 80 Mile an hour sustained winds that was per great fish. Oh, okay. That's good. That's helpful because my understanding was was that That they couldn't get in because the roads were in bad condition. They couldn't get in refueled generators. That's what I thought was the primary problem with Wcf's in In sandy's path what I read on it was that the main issue was that the antenna the attachments failed Thank you. So, um, I went to there's a complicating factor here. I don't um, if I missed it. I'm sorry. I'm uh, I will tell you I have wireless communication facility fatigue I am on the joint city county planning committee along with the mayor pro tem and my colleague council member katati And we did we've been working on this that one of the very first phone calls I got after I joined council was from The the good neighbors of 751 to talk about this issue and we've been I think very diligent in Pursuing the concerns and the problems the staff has worked very hard on meeting those issues and I think the resulting ordinance Changes that we see in front of us As as has been said multiple times tonight meet virtually all of the concerns that have been raised I'm very reluctant to Continue working over the process But there's one slight complicating factor, which is that this is a unified development ordinance And so we will also be counting on our colleagues on the Board of county commissioners and hopefully We'll be able to agree We'll both be supporting the same ordinance when the dust settles. So So far tonight Coming into this hearing tonight, I was relieved that we had an ordinance that met Almost all the concerns and so far tonight. I haven't heard Enough compelling evidence to make me want to continue Working over the ordinance further so I do know that There was a split on the planning commission the comments that were provided by commissioners were um helpful And I do agree with my colleague commission members shul that commissioner huff's comments were particularly compelling to me so Where I am right now Is Favoring leaning towards favoring the ordinance as presented tonight. Thank you Recognize councilman shul Okay, mr. Mayor. Thank you So A couple of different things one is um, I thought I just wanted to say to you mike that Of I don't think I've read anything on the council since I've been on the council that has had to explain such incredibly complicated stuff in in pros that um A non technical person could read and you did a great job I really I really compliment you on that. I I have not I'm not on joint city county planning and I haven't been privy to the various permutations, but by the time it got to us tonight It was really complicated, but I could read it I could get it and I really appreciate that you did you did a great job on that and I know that wasn't easy the other thing I want to say is um I think that also, uh, miss farenbacher and miss rudolf Uh It was more than november of 2012. I think you all came to see me gosh probably in the beginning of 2012 Uh, it's one of the first conversations. I also had when I was on council dawn And I believe miss croon was with you all you sat down with me and you started bending my arm behind my back about this at that time um and uh But nicely yes, uh, and I guess I want to say to you all that I hope you can take some considerable satisfaction from the fact that your citizen activism That started with something was happening in your neighborhood is Having the influence it is that You and the good neighbors have been able to bring to fruition the work that you started Almost four years ago And now we see the fruits of that in this ordinance and You didn't do it by yourselves, but if you hadn't started and hadn't gotten that going we would not be here and we would not see the Much improved ordinance that we're going to have tonight from from our current policy So I hope you all can even though you have some differences than then with the staff I hope that you can see that your that your work has has been incredibly successful. I think um, I'm planning to support this tonight, uh, and Uh, I do think that it would be torture for our staff to send them back at this point Without having passed this Uh, and I don't think I'm against torture um I do think that we ought to Ask them and I hope that we can unite with our commissioners and maybe this could come through jccpc most appropriately that There are some of these items that you all have raised and and uh, Mike has addressed them, but I think that they are still concerns that at least for me are Need some more clarification that we could ask them after we have passed this to go back and an appropriate time to To look at some of these issues So I would I would hope that those of you who are on jccpc might Bring that back to some of these issues back, but I think tonight we need to go ahead and do it and uh, I'm planning to vote for it, uh, and That's all thank you Mayor pro dem I just wanted to thank Now michael for his work. You have done an outstanding job. In fact, this is probably most of what you've done since 2012 And I'd like to thank the citizens for sharing Sharing so much input and taking the time to Get us to this point and I do plan to support as well What we have before us tonight and I will Can I move right now? I haven't closed the public hearing. Oh after you close it. I recognize councilman brown I'd like to add to what Many of my colleagues have articulated this evening certainly, uh, you You may not feel this way Tonight, but it has it really has been a victory for you as citizens but Three years of discussion Debate Dialogue input Compromise Even in Durham Even in Durham Sometimes the debate must cease And I am ready to support this tonight Mr. Mayor That's councilman market. Yeah, I um, I was um Negligent before and not expressing some appreciation and I want to say that um, I talked about having a wcf fatigue That's all my colleagues the meetings that we went to But uh, but the but the but the people that are here tonight and particularly the good neighbors Not only attended all those meetings. Um, they also worked a lot, uh in Private communications as councilmember shul said they um, they've worked very very hard and There may not be another group that's worked as hard on any single issue that's come before us So I really want to make sure that we underscore that and then in our neighborhood council as well Um, they also worked very closely with them and really worked together to To work with the planning department to come up with the ordinance that we have in front of us that um, that we Seem to think um Has done a really good job of meeting all the needs So again, I want to express my appreciation of people who spent their time here tonight in all of the many hours over the last Two years Two and a half years Any other comments questions? All right, I'm going to close close the public hearing and I'm not going to add to conversation I I will support it, but I'll say that My discomfort level has to do with the uh, safety issues that have been raised I generally I try to put myself in the place of people Are potentially being impacted by changes and try to understand their point even if The greatest fears aren't aren't going to come to fruition the fact that the hell's fears I try to look at that. So I would hope that the Staff would go back and look at the safety issues as we get through this. I don't think any of us on this council Live near a cell tower. I live the closest one. I think probably on barbie road but So, you know, I potentially impacted like some of the other people are Having said that I'm going to call the question closed The public hearing is closed and entertain the motion on the height of the aisle It's been proper to move the second Madam clerk, will you open the vote Close the vote It passes seven is zero And are the consistency statement would be next to the thank you. Yeah, it's been proper to move the second madam clerk We open the vote Close the vote It passes seven is zero. Thank you Thank you item 22 street closing will street street closing 14 00018 Good evening again. Mr. Mayor members of council bat young again with the planning department The item before you is a proposed street closing of a unimproved right of way Called willow street, which is south of ward street and to the west of james street And the proposal is to close by eden eden's landcorp to close a 7251 Square foot portion of willow street the property Adjacent to this right of way is owned by b wall is designing construction and if the request is approved The portion of the right way would be recombined with the adjacent properties and this would allow development of The current right of way to serve seven residential lots The request was reviewed by 20 city and county agencies and public utility providers and no negative impacts were identified Thank you, and i'll be happy to take any questions Again, this is the public hearing the public hearing is open. We'd ask other questions by the council Hearing none is i'm sorry recognize councilman schul Did you choose the name of the street? Oh, i'm sorry wrong item we do have uh Mr. Eden's Yes, sir jared Eden's eden's landcorp representing b wallis designing construction and Again, just here for questions if you have any thank you How'd you choose the name of the street? For the next time same mile street If you like the name i'll say i came up with it, and if you don't i'll say my client came up with it Do you like it? councilman moffitt had a I had a question about uh connectivity We closed this section. It seems like The applicant's property abuts a right-of-way that connects to huron street And if we close this then they create a cul-de-sac And if we leave it open then they connect to huron If not to the other section of willow So and it seemed like connectivity is a big thing going on these days that a lot of people Have come in and complained that they have to connect Why are we closing a street so that they can't connect? Uh councilman moffitt that's certainly a consideration you all can evaluate when you look at whether this is in the public interest or not I think um when we a staff looked at this and was reviewed by the Utility providers and public service folks. This has been a platted but but unimproved right away for a very very long time And there's pretty good connectivity. This is the tuscaloosa liquid neighborhood. There's um james street There's chester springs, which does not go all the way down to nation um and there's A reasonably good connectivity both to the east and west of the site so Your concern is legitimate. The wordness does strongly promote connectivity But we did feel and that's you all judgment certainly, but there there is significant connectivity in that area I'm just a little confused by it because I mean if there were eight cul-de-sacs I feel like you guys Like the planning department would not look favorably above that but each one of those cul-de-sacs The impacts would be the same as the single cul-de-sac. Would it not? I mean if we're saying well everybody else in the neighborhood is connected So why should these homes not why should these homes be connected? I'm I'm just Having some personal resistance to cul-de-sac streets when we're trying to move away from them Sure, and you're you're certainly accurate in representing the policy prescription of both the conference plan the udo in terms of connectivity It's a it's a critical component. We think of for emergency services for traffic movement But again, this is this right-of-way has been unimproved for a very long time There's um unbuildable lots that are in the interior that would be served by what's being proposed by the applicant And again, it's really just the judgment of counsel with a more important principle or issue is in this regard Am I speak to that briefly? Mr. Mott may I speak to that briefly? yeah, so It also south as willow street had south the entire basically the entire right-of-way as Contains a buffered stream. So the likelihood that that property You know if there was something to connect to then a stub would have been provided but south of the property Running south on willow is nothing but a buffered stream. So the likelihood of that ever becoming anything is Very very minor Well, then i'll ask you is that also true of the connection out to hurrah? Both of those connections would require stream crossing. Yeah That's correct any other questions Uh, this is public hearing. I'm going to close any else anybody else want to speak on this item on this item If not, I'll close the public hearing matters back before the council It's been proper to move them second amount of click where you open the vote close the vote It passes seven zero Moved item 23 street renaming will street Thank you, mr. Mayor members of council last planning item this evening street renaming requests the street the former right-of-way that you just closed for Willow street the portion to the north There's now going to be two segments of willow street and so the applicant's proposing to rename that northern portion as anchor way And the request has been submitted in conjunction with the case you just heard In order to improve Service and response time to avoid any potential conflicts the applicant Chose this name reviewed by durham county ems to ensure there would be no conflicts There was a community meeting held on march 5th To receive public input and no comments were received at that at that meeting and no opposition was indicated by the Other service agencies mentioned the last item to the request of renaming This is not a public hearing item. You can obviously take comment if you choose, but i'll be happy to take any questions Uh, well, why was it listed as public on a public hearing? It's been practiced to have it as part of the general business agenda so that you all can take comment if you like But it's not required public hearing. Well, we do have a person who wants to speak on this item Well, I was getting ready to say I have two names up here. I have Mr. Eaton's and I have miss elizabeth shearer and that's someone else Don't want to speak Yeah, but that's what I was going to call you other someone else besides you because I have eaten Susan are you speaking on this? Okay, well she hadn't signed up. That's why I said, okay Well, let's hear mr. Eaton's first and then hear the opponents Again, I have nothing to add other than I signed up because it was my client's item. Thank you Ms. Shearer and then Susan Good evening everyone I'm new at this so you're going to need to be patient. My name is elizabeth shearer Well, since you're new, let me tell you we have three minutes. There's a clock over all right. I'm going to talk very fast So I'm a resident. Um, actually my lot is at the Point where you'll suggest wait where you've approved closing one piece of the road and opening another I'm a little confused. I just heard about unbuildable lots But I'm and I came tonight to talk about how the renaming of this street is is the first step in a development and a development of seven houses Um, and it is indeed if you look there is a creek that runs through this whole area Um Right now as we speak My lot goes all the way down to the creek. It's the only lot that goes all the way to the creek Before you get to nation I've been in that house, um for four years And after four years, I continue to have water Issues drainage issues And so I'm I'm concerned that we are going to be developing on an area that's on a slope the same slope as mine As a resident I'm saying there are huge drainage issues. I am concerned about the fate of the creek Are we going to dam it up? Are we what are we doing with the creek when we're putting these seven houses? And then with my history and the amount of money that I've had to spend on my House my home to try to deal with these drainage issues now We're going to build seven houses that will have to deal with the same kind of issues So I have concerns about the stream itself the creek itself and its fate And the impact on our environment because it is a it's a it's a relatively small area, but it is a um a wilderness area So the impact on our neighborhood that uses it currently as a as a wild area community wild area and then the issues around The homes that will be built and the drainage issues those homeowners will face Given my history. I've had a might to pray come out And he has given me advice I've had a number of people come out to give me advice on this situation It is called chester springs road And I think there are springs that feed into this creek Thank you Susan then we'll get the staff to comment on the concerns raised here So the reason why we're using this opportunity to speak is because this there's no zoning about this. It's already residential This is the only chance we have to alert the city council that there are issues here And we hope that the developer will continue to work with The neighbors and the neighborhood association is aware of this issue I did want to mention that I did not receive a notice about the name hearing and I'm the one on the list for our neighborhood So I hope staff will mention to me later why it didn't You have comment? Yes, you know, you know, you can go ahead and do it I just Miss shear Our staff will be able to talk to you after the meeting about how to Be involved in this what your rights are and what the process is And you have maybe not met mr. Edens, but I'm sure that he will be anxious to talk to you as well About their plans, but I'm hoping you will stick around here And let me know that you were a wonderful elementary school principal for my two boys So anyway pat, I'm sure you're playing too Sure. Thank you councilman shul and others. I'll try to address some of those comments Um, so as mr. Edens alluded to in his earlier comments, uh, he's certainly correct There there's a stream that runs roughly Concurrent with the right of way of willow street to the south of where the proposed close or excuse me the approved closure Uh is and it's my understanding. I have not seen a final plat and jared you could speak to this Maybe after I speak but the uh, our understanding is the intent of the design is to construct There's an existing right of way is to improve the right of way down to the location of the the closed portion Put in a cul-de-sac bulb as would be required by public works and stay either stay out of the stream buffer That's to the south so that that these lots that are to the north Could be developed that that's certainly our understanding and as has been alluded to these are existing lots of record The only reason they haven't been developed is because there hasn't been an improved right Plube roadway in there and the applicant would have to put in the roadway to city standards to access the lots And in terms of the proposed impact on the stream I'll let the applicant provide any representations because I haven't seen anything about that proposed impact But we do have regulations as you all are well aware that require buffers around riparian features that we believe would protect those features Yeah, I mean I can just say that we'll meet ordinance requirements and our our plans in for review Which were put on hold so that we could go through the street closing process Has a short cul-de-sac seven lots on it wet detention pond for treatment and a vegetated filter strip for additional treatment prior to the storm water entering the stream buffer which Meets city ordinance requirements, but I would be glad to to give my information to some of our neighbors here before I go And if we need to have conversations during the process, that would be fine There are other I'm getting very close up and other other comments by council members I know it's not a public hearing them I'm asking a lot of the comments Don are you going to do something that Before we vote Okay There are no further questions as a matter of fact before the council entertain the motion on item It's been proper to move the second madam clerk. We open the vote close vote It passes seven zero Okay, thank you that brings us to item 24 supplement item Have I missed some Please prime report Thank you. Jose Lopez chief police city of Durham I'm here tonight to present the police department's 2015 first quarter report The quarterly report covers our department six performance measures Violent crime property crime part one index crime clearance rates response times priority one calls and staffing levels and significant events during the first quarter In january, we noticed a significant increase in the number of shootings into vehicles and residences We created a 90-day initiative to target locations where these incidents were occurring and the people believed to be involved The initiative focused on the mcdougal terrace and cornwallis road weaver street communities We held community responses in these communities in advance of the initiatives to let the residents know what we were doing and why Officers arrested more than two dozen of the identified individuals and confiscated 39 firearms They served more than 150 warrants and summonses More information about this initiative is available in your first quarter summary report During the first quarter our victim services our special victims unit launched the start by believing campaign to change attitudes To sexual assault and build positive relationships and partnerships with other agencies The during police department is the first department in north carolina to participate in this campaign The police department also hired a new public affairs manager who started in march And if I could ask will glenn to stand up a bit for those of you who have not seen him And you'll be moving this organization forward in the media The during police department also added twitter twitter in late march Be sure to follow our twitter feed and facebook page to keep up with the latest news And learn more about our activities Part one violent crime which includes Homicides rapes robberies and aggravated assaults Was up by 22 in the first quarter compared to the first quarter of 2014 The rise in violent crime was driven by an increase in the number of aggravated assaults and robberies As I said, we organized the 90 day initiative which I had discussed and will continue to allocate resources to this initiative And adapt it as needed There were 10 homicides during the first quarter compared to six in the same period last year Seven of the 10 have been cleared One victim was shot in 2011 and died from his injuries in 2015 Four cases from prior years have been cleared so far this year two from 2014 One from 2013 and a double homicide from 2012 Reported sexual assaults during the first quarter were at a three-year low And uh This quarter the number of robberies increased but investigators have cleared several cases Information about robbery arrests are available in the summary report Property crime was up by 2 during the first quarter The rise was caused by increases in reported larcenies which make up approximately half of all part one crimes Investigators from our departments continue to work with investigators from other area departments to focus on shoplifting Which accounts for a significant percentage of these larcenies Burglaries made seven investigators made several arrests that cleared multiple burglaries during the first quarter We've continued our residential awareness program which focuses on residential burglaries Motor vehicle thefts were at a three-year low during the first quarter We made an effort to remind people not to leave their vehicles unattended While running to warm them up in the cold winter weather We continue to urge people to dial 911 to report suspicious activities and these calls often help officers make arrests especially for property crime Part one index crime was up by 4.5 from the first quarter of 2014 Crime was down in three Part one categories rapes burglaries and motor vehicle thefts The police department's first quarter clearance rates were above the 2013 fbi national average Clearing rates for cities are sized in the categories of rape larceny motor vehicle theft and property crime The average response time to priority one calls during the first quarter was six minutes Which did not mean our target average of 5.8 minutes 52.3 of priority one calls were answered in under five minutes During the first quarter That did not meet the target of 57 percent Our sworn positions are currently fully staffed. This includes the 27 recruits in our blt academy And there are six vacant non-sworn positions at this time We want to remind everyone to follow us on facebook and twitter for all the latest during police department news. Thank you Recognizing mayor pro tem. Thank you chief for your report I received an email from a citizen or we received an email from a citizen Express and concerns over um a request that was made regarding The number of drive-by shootings and what kind of Data we actually keep on that. Do we? Um, do we track drive-by shootings and where they've occurred? We try that we track, uh aggravated assaults We also track property damage, but drive-by shootings per se. We don't track those but we do keep Looking at them to investigate them. Those happen to be one of our most difficult Clearances because of the solvability rates that just don't exist But not necessarily the clearances, but just where they are Are happening in the community? Well, we know where they're happening in the community and we do when we say track We do look at them to see where they're occurring But as far as tracking them in a list A data list at this point that we don't have yeah, because then the citizens might just want to know Where they are Is there some way that information can be compiled and become public information? I'd have to sit down with staff to see what it would take to compile such information A lot of citizens are also complaining about just shootings and not necessarily someone being shot, but people just shooting Um up into the air. Yeah celebratory shooting during the years we have Put together a lot of campaigns, especially with our project safe neighborhoods. So we constantly are Letting the community know about that and the dangers that are involved in it And like I said, we've repeatedly put together campaigns and we see them going on again We would put the campaigns together normally during the holiday season We might come out with something relative to it to make citizens aware Tom what is the name of the program I have mentioned to you that I know the city of rock and mound is using Shot spotter shot spotter shot spotter We've been in contact with the company shot spotter And we continue to speak to them and when it's financially feasible and we see that it would work here Then we would engage in it. What what kinds of costs are you talking about? I don't have any numbers, but they're pretty high Now let me get back to the first question You said that you would sit down and determine whether or not you could pull together the information regarding The drive by shootings. What kind of time how much time is Involved in getting that information Like I said, I would have to contact my crime analysis unit The ones who the ones who take that data and put it together And have to find out whether or not, you know, just how long it's going to take them to do it Among all the other requests that they have at this point in time That unit is also part of the non sworn that we're looking to hire Okay, well to me, I think this is very important for citizens who are concerned about Where they can help Make a difference in the community so If that Tom I'll just talk to you. It's some juncture offline About that, but I think that we need all the information we can gather To make a difference in what's happening in this community and you need us You need the citizens to help you and citizens are willing to do that. They just need More information. Thank you Recognize councilman show up and then councilman davis Councilman moffitt. Thank you, mr. Mayor So I think that we you had already given us, I would say a preview Of the situation we were going to be looking at in terms of these numbers for the first quarter prior to this meeting And so they're not a surprise And You'd also describe the reasons having to do with the aggravated assaults and so forth And I appreciate that you all have taken some Proactive steps in terms of this 90-day plan that you've described and we also have heard more of the details of that and appreciated