 Yeah, I my first reaction is always to search for Terry Exactly, and I did that and I was like hmm The live stream starts in 10 seconds of the broadcast starts in one minute in 10 seconds Sorry, there was no Chinese tonight. I'll make it up to you Streaming has started Thank you. We um, there is no hockey practice this evening Wow Except that means kids are home, right? It just means that there was exposure at school. Yeah We got one of those calls for githins today, but luckily Rose wasn't exposed so 30 seconds we got two one was exposed and one was That's a little freelon. They both have to stay home, I guess. They're obviously exposed to each other We're marks trying to figure this out. Go go gadget vaccination. I'm sure you're on mute We still can't hear you see Good evening Want to call this meeting of the Durham city council to order At 7 p.m. On tuesday night September the 7th 2021 and certainly want to welcome All my colleagues here tonight As well as anyone listening at home and whatever fashion that you might be listening So glad to have everyone with us tonight I've been a little bit under the weather. I don't have COVID. I had a nice negative test bcr test But my voice is not much tonight So I have asked mayor pro tem johnson if she would preside at tonight's meeting And I'm going to turn the gavel over to you mayor pro tem Thank you, mr. Mayor Glad you'll get a chance to rest your voice a little Hope you feel better soon um I would like to invite everyone to join me in a moment of silent meditation. Thank you Uh councilmember reese if you wouldn't mind Leaving us all in the pledge of allegiance I will madam. Mayor pertin. Good evening steam. Mr. Mayor and my colleagues city staff and everyone watching On the worldwide internet. I will now say the pledge of allegiance I pledge allegiance to the flag of the united states of america to the republic for which it stands One nation under god indivisible with liberty and justice for all. Thank you councilmember reese Our next item is the roll call madam clerk. Could you please call the roll? Mayor schul here Mayor pro tem johnson here Councilmember caballero here Councilmember freelon here councilmember freeman present Councilmember middleton. I'm here Councilmember reese Right here. Thank you Thank you madam clerk For ceremonial items this evening. We have um a really fabulous item important item recognizing national recovery month I'm going to read the proclamation and then we have mr. Larry mcgill Here to say a few words Whereas behavioral health is now recognized as an essential part of one's overall health and well-being And whereas the cost of not encouraging mental health and substance use recovery is significant for families For individuals families neighborhoods and the community at large And whereas recovery from mental and substance use disorders occurs every day through a variety of recovery support resources and treatment programs People in recovery strive to achieve healthy lifestyles stable homes meaningful daily activities Stronger neighborhoods and contribute in positive ways to the larger community And whereas according to the 2019 state of mental health in america report over 44 million american adults have a mental health condition Though access to care is improving most americans still have none 12.2 of adults with mental illness remain uninsured and 56.4 of adults with a mental illness receive no treatment The rate of youth experiencing a mental health issue continues to rise and 62 of teens and children receive no treatment Similarly the substance abuse and mental health services administration reports that 22.7 million adults were in need Of substance use treatment while only 10 received treatment And whereas given these statistics we must strive to reduce the stigma and negative stereotypes associated with brain disorders and help individuals Families and the larger community learn to view them as we would any other medical condition And whereas to help more people achieve and sustain long-term recovery the u.s. Department of health and human services The national association of recovery communities the white house office of national drug control policy And the recovery community of durham invite all residents of durham to participate in national recovery month Now therefore i steven m shul mayor of the city of durham north carolina do hereby proclaim the month of september 2021 as national recovery month in durham And do hereby call upon the people of durham to observe this month with appropriate programs activities and ceremonies To support this year's recovery is for everyone Every person every family every community theme as this reminds us all that no one is alone in the journey through recovery Witness my hand. This is the seventh day of september 2021 Thank you everyone. Uh, we'll turn the mic over to mr. McGill Good afternoon everyone. Hello. Good afternoon My name is learning gill. I'm a person in long-term recovery and the current chairman of the recovery community of durham On behalf of the planning committee I would like to thank male shul and the city council members for this proclamation And your ongoing and consistent support for recovery in durham This year's theme recovery is for everyone Every person every family every community emphasizes that people in recovery achieve healthy and purposeful lives stable families and contribute in positive ways to the larger community September is national recovery month And we are planning to celebrate the means of people in recovery from middle and substance abuse use these orders With an event at elizabeth street united methodist church That's 1209 north elizabeth street on saturday september 18th From 10 a.m. To 1 p.m This outdoor event will feature recovery support and the latest information about resources COVID testing and vaccinations will also be available with gift cards provided to anyone Who is vaccinated? Arts and craft materials will be provided to any children attending with their parent or guardian Mask and hand sanitizer will be available And we will follow all cdc recommendations And state and local mandates to keep everyone safe samsha reports that any given year about 20 percent of the population will experience a mental health issue and During this COVID pandemic. I'm sure that number is much higher The point being we all know someone in need of support At the same time a sam weekly reports There were over 93,000 overdose deaths in 2020 A 30 percent increase despite the incredible advances we made in treatments and interventions during recovery month Let us all reach out to support each other with simple words and gestures Recognizing we are all in this together and remembering This year's tagline that recovery is for everyone Finally, it is important to continue to support recovery and recognize the fact That through a multitude of pathways People can and do recover every day and we need to celebrate their success. Thank you Thank you so much. Mr. Mikkel for being here. We appreciate your Your words and congratulations on your many years in recovery And thank you. I appreciate it. Thank you Um, our next item is announcements by members of the council many announcements this evening. Mr. Mayor Thank you, madam membro tem I do have one announcement today We the city council met in closed session recently three different closed section actually For evaluations of our three employees the city manager the city attorney and the city clerk We I will say to the public without revealing anything that Out of closed session that our We are extremely pleased By the performance of all three of our employees and we They have all had really excellent Years during this past year and we are very grateful to each of them Our city manager has recently Been hired as our permanent city manager. So she was not eligible for a pay increase at this time But is our custom when we do give pay increases to our employees. We do announce that it is public record Anyone can ask for it at any time but our Our city attorney kim rayberg who has done a marvelous job since her appointment and during this past year Her pay was increased to two hundred and six thousand seven hundred dollars And our city clerk Diana schreiber who's also had a wonderful year doing a really great job under most difficult circumstances Her pay was increased to one hundred and three thousand one hundred and seventy five dollars So I wanted to announce this make this public as we Traditionally do. Thank you very much. Madam mayor pro tem. Thank you, mr. Mayor Any other announcements by members of the council councilmember middleton Thank you. Madam mayor pro tem. Good evening, ma'am. Good evening to you, mr. Mayor and hope you feel well soon Pray for speedy recovery colleagues and to everyone watching. Um, I want to thank you Madam mayor pro tem for reading that wonderful national recovery month proclamation I want to shout out brother miguel for the work. Uh, he does in this community Um, you know, oftentimes when we talk about resiliency, we talk about the infrastructure of the city and buildings But the really the most resilient thing is the human soul And the human life and the ability for us to come back So i'm really excited to be celebrating national recovery month This month and I want to shout out everybody out there taking it one day at a time I had an opportunity a great opportunity. Mr. Mayor, uh, this past weekend to spend some time on the iconic camp The campus of hillside a high school where their alumni choir had a great great time They were making a joyful noise outdoors, uh, socially distanced Uh, had had a wonderful opportunity to bring greetings on behalf of the city They're starting a scholarship fund in the name of two icons two Durham icons anybody that's I had a baby in Durham, uh Back in the day probably know these two Black nurses these women of these women, uh, who are just iconic in the medical field here In Durham dorthy Graham who's now 92 years old and rachel davis 91 years old two of Durham's oldest Black nurses, uh, they have a scholarship fund now named after them their alumni of the Participants of the alumni choir a gospel choir at hillside high school and they started the scholarship by the help students Along with their their dreams and their aspirations had a great time Mickey Michelle was one of the folk that was honored out there. So got to hang out with him But I was really also grateful that there was there was a bunch of faith leaders there Colleagues that prayed for us and prayed for the city and and and really leaned in that we would For us to be well for us to have wisdom As we lead the city and that that really warmed my heart So I wanted you to know that there's a lot of folk pulling for us, uh, as we do this job Which is not easy, um, you know, we in in my tradition we have we say something that faith without works Is dead. So even as we they prayed for gun violence in the city and prayed for us So I would just say that after we get up off our knees and after we say amen That we would be busy about doing the work to see or secure our city for all folk So I just want to congratulate the hillside alumni choir And the horn is the hillside and wish them well as they launched this Scholarship to help folk and thank them for lifting us up and lifting our city up this past weekend. Thank you, madam airport Thank you councilmember Any other announcements? Councilmember freeman Thank you. Just noting that it is also for september or national hurricane prepared this month and just acknowledging The devastation that we're seeing across the country and new york and in law set and and in louisiana And I just want to make sure that folks are prepared and that they are checking their readiness kits If you don't have one, please get one and make sure you have three-day water supply A little bit of bleach and a few canned goods in there I am mindful that every year this comes up and it kind of Passes by but I do want to be cautious and acknowledging that our storms are getting much worse each year And so just taking a moment. Thank you Thank you councilmember Any other announcements? Councilmember freeman Hey, thank you. Um, madam mayor pro tem. I just wanted to say happy ross and shana to the mayor shul and Mr. Barger's community throughout the bull city Thank you very much councilmember. It's been a 24 hours of Prayer and and meditation and getting ready for the next 10 days of all. So thank you very much In a sweet near year new year to all of you Thank you Any other announcements? Alrighty our next item is priority items. Are there any priority items from the city manager? Good evening madam mayor pro tem johnson Um, mr. Mayor and members of the Durham city council I do have two priority items for your consideration this evening agenda item number three Interlocal agreement with Durham county and orange county regarding cost sharing or transit plan Governor study pursuant to council's request Attachment number four has been updated and finally agenda item number eight consolidated annexation 1 0 5 1 olive branch road Also pursuant to council's request attachment number 24 has been added that is all I have this evening Thank you madam manager Uh, any priority items from our city attorney Good evening madam mayor pro tem mr. Mayor members of the city council. It's good to see you I do have one priority item. I know this is fairly typical for the city attorney's office But I included a memorandum in tonight's agenda And you may recall that when we met On august 19th to conclude the annual review of the city attorney's office I made two requests of the city council That required budget amendment for the city attorney's office budget for fiscal year 2022 Uh, the first request was to add one attorney position To the ranks of the city attorney's office. The second request would facilitate um the purchase and installation of legal practice management software Which is not something that the office has previously had. It's something that an office of our size Really does need to have to effectively function um council at that time did Authorize those amendments and express support for them But because this is a budgetary amendment, uh, this really needs to be indicated in open session So I would ask that council Authorize the requested budget amendments as they are outlined in the memorandum Thank you, madam attorney. We can we can do that right now Yes, okay. Great. Um, is there a motion on that item? I moved second Thank you, um, madam clerk. There's been a motion and a second madam clerk. Could you call the roll please? Mayor schul Mayor pro ten johnson. Hi Councilmember caballero. Hi Councilmember freelon. Hi Councilmember freeman Hi Councilmember middleton. I will die councilmember reese. Hi Thank you. It passes unanimously. Thank you madam clerk and thank you madam attorney many thanks Any priority items from our city clerk? Good evening, madam mayor pro tem and council members and mayor schul. I do not have any Priority items tonight from the city clerk's office Thank you, madam clerk Um, all right. Our next item is the consent agenda The consent agenda can be approved by a single vote of the council Items on the consent agenda can be pulled by council members or by members of the public for further discussion Um, the items on our consent agenda tonight are item one Durham cultural advisory board appointment item three Yeah, I didn't want to pull it. I just wanted to make a comment As uh, one of my colleagues made it made it aware made me aware that it felt like there was some sense that I might have had an issue With um, mr. Rodrigo dorfman serving on this board and I want to make it clear that I did not And just just making that very stated point. That's all. Thank you. Thank you um item three interlocal agreement with Durham county and orange county regarding cost sharing for transit plan governance study item four master service agreements for the 2021 to 2024 On-call professional services for water wastewater and utility management Madam mayor of pro tem if I might just briefly I don't want to pull the item But I do want to just give commendations to a city manager um page and and staff there I want to firstly affirm the efficiency Of of master service agreements and and their purpose But also I know there were some concerns raised about our inability to ask prerogative questions Sometimes of contract awardees particularly about their their diversity and hiring and staff But I want to thank the city manager for not only building an efficiency But her assurance is that vigilance will be built in as well Regarding the the hiring practices of of those who are being grouped in to this master service Agreement so I just I just wanted to say that on the record and thank her And the entire team for their vigilance on our behalf the city's behalf indeed. Thank you ma'am. Thank you council member um item five resolution authorizing participation in the north carolina investment pool Item six intergovernmental agreement with the us geological survey for operation and maintenance of the city of durham rainfall and streamflow network That concludes the ascent consent agenda. Um, is there a motion for adoption? Move to adopt consent Thank you, uh motion by council member middleton seconded by council member freeman Madam clerk, would you call the roll, please? Mayor shul Hi, ma'am pro tem johnson. Hi council member caballero. Hi Council member freelon. Hi Council member freeman. Hi Council member middleton. I will die Council member ease. Hi Thank you. Thank you, madam clerk. Uh, that passes unanimously Moving on to our general business agenda public hearings. We have one public hearing this evening item eight consolidated annexation for 1051 olive branch road. Um, as folks will likely remember this is a continued item That we continued from back in june. We set this date for uh, for the item to return to us And I think we are ready for the staff report. Mr. Kaltra. Thank you You are on mute Excuse me. I'm I apologize. I thought I'd unmuted myself. Uh, thank you. Uh, thank you. Madam mayor pro tem johnson Good evening and may uh, good evening mayor shul and city council members. Danny culture here with the planning department This is the only plane Related public hearing item tonight and uh, want to state for the record that this item was advertised in accordance With state and local law and after days thrown file with the planning department And as you mentioned, uh, this item was before you on the june 21st 21 meeting and you voted to continue to tonight's meeting to give the applicant an opportunity to address several concerns raised with a proposed request For the benefit of everyone anyone that wasn't in attendance the meeting I will provide another overview for the case The request was for a voluntary annexation utility extension agreement future land use map flume change And uh zoning map change was received from tim cybers of whorevath and associates for 79 point 478 acres located at 1051 olive branch road The site is presently zoned residential rule rr and falls jordan lake watershed protection overlay district b or fjb And is located within the suburban development here The applicant is proposing to rezone the property to plan Development residential 3.700 or pdr 3.7 zero zero For up to 284 single family and townhouse residential dwelling units The property is currently designated A very low density residential and recreation open space on the future land use map Uh, the proposed pdr 3.700 zoning is inconsistent with the designated future land use But if the proposed zoning is approved the flume will be designated to low density residential to ensure consistently Consistency with the zoning excuse me All referenced approvals would become effective as of september 30th 2021 Uh, the planning commission by a vote of 1 to 11 at their april 13th 2021 meeting recommended denial of the request Uh, since the previous hearing the applicant met with the planning staff to address concerns that have been raised Uh, this uh, they since have had an archaeological survey conducted by an experienced archaeologist archaeologist Concerning the existing reference grave site They updated the development plan to commit to increasing tree covers 24 percent as seen on the text commitment 3 Um that demonstrated the distribution of tree coverage across the site is depicted graphically They eliminated three vehicular string crossings one on the southern portion of the site One access point and crossing on the northwestern buffer And on the northeastern buffer, which was achieved by shifting the main connector road slightly to the south They committed to increasing percentage of open space to 35 percent and seeing on text commitment 4 And condensed the building and parking envelope on the development plan to create cluster development away from stream buffers In order to meet the intent of the eastern berth east Durham open space plan These modifications and changes are highlighted on the updated development plan and also called out in the staff report There are three motions required for the application The first is to adopt an ordinance and annexing 10 521 olive branch into the city of Durham And enter into a utility extension agreement with poultry home company llc The second is to adopt an ordinance for the rezoning and amend the future land use map And the third is to adopt a consistency statement Uh, as those proposed revisions appear to meet the concerns that were previously raised Staff does recommend that the city council approve the annexation petition zoning map change and consistency statement Thank you very much staff and the applicant team would be available for any questions Thank you, mr. Kultra. Um, this is a public hearing item. I'm gonna declare The public hearing open. Uh, are there any questions for staff by members of the council? All right, seeing no questions. Um, we will hear from members of the public I see Several folks signed up for item eight I'm gonna Ask, uh, ledger matthews from the applicant team if you could identify The folks on your team for me Thank you more mayor or pro tem julian. Um, we with us tem cybers today jamie davis and um Tim tell me if i'm missing anyone Uh, yes rob rubbo off randy king are uh with pulty and uh baham wan with vhb is our traffic engineer Okay, i've got timothy hill also um for item eight That that is not a member of our team. Okay. Thank you. Um, how much time do y'all need for your presentation? Um, I would say no more than seven to eight minutes and i'll try to keep it under that Okay, no problem. Um, we'll do we can do eight minutes for y'all and then we'll have eight minutes. Um For opponents if there are any if mr. Hill if you could identify yourself as either a proponent or an opponent, um in the chat that would be helpful And miss matthews you can go ahead with your presentation Thank you, and we did submit a presentation if that can be pulled up at this time I have that miss matthews give me just one moment I'll get that ready for you and if you want we'll just let me know when you're ready to change slides on that Absolutely. Thank you. Thank you So again, good evening mayor pro tem johnson mayor shul. Just excuse me. Uh, my Screen sharing has been disabled. Uh, could that be enabled for me, please? Is it working now? It's been disabled again. So disabled. Um Madam clerk, I don't know if do you have the permissions as co-host to enable screen sharing for participants or just the host need to do that That's the host your responsibility. Okay Thank you Still science showing disabled right now. Let's just give it another minute and Hope it works itself out our host gets it worked out Madam mayor pro tem is anybody else having a problem opening any of the attachments particularly the planning commission Comments i'm getting a prompt that says network error and network not available And it appears that i'm still online You're so anybody else having issues opening any of their attachments I was able yeah, I was able to open them up. Okay. All right. Thank you. No worries Can you look on that screen sharing? Uh, no, madam mayor pro tem. It's still still showing disabled Miss matthews. How critical is the are the slides to your presentation? There is one slide in particular um that compares the revised development plan with the odor One that was before you in june. I can it looks like we got it. I think we have it now Excellent Thank you tech gurus in the background for making that happen Yeah, I'll go ahead All right Moving quickly to to make up for a little bit of lost time. This request was before you June 21st, so I'll just be give you a brief overview today of the request that involves a zoning change I'm sorry next slide, please It involves a zoning change from rural residential to pdr 3.7 With the proposed future land use map amendment from very low density to low density There's a small portion of the site in the top left corner currently designated as recreation and open space That would remain the same under our request Finally, there's an annexation request Mr. Culture just told you about that would further fill the donut hole left by the surrounding approved developments Which have been annexed into the city The map at the bottom right of your screen was shown shown during the last hearing and is of the east Durham area in searls basin This site is shown in green on the screen or yes green Surrounded by a hatched line And is surrounded by approved site plans in purple approved rezoning and a pinkish orangeish color And and it's close to several other proposed zonings in yellow. Next slide, please So here's the slide I mentioned at the beginning which compares the older development plan with the revised one As you recall and as outlined in the staff report Council stated several concerns at the last hearing which included The issue of mass grading and more specifically the location of tree coverage not being dispersed throughout the property to mitigate mass grading Questions about compliance with the east Durham open space plan Due to the location of the building and parking envelope not demonstrating the clustering of units And the lack of tree preservation outside of the required stream buffers In collaboration with planning staff the applicant worked To address and resolve these concerns by making several changes to the the development plan Including an increase in open space and tree preservation and a decrease in the building and parking envelope as well as stream crossings on the site The applicant was able to make these changes without decreasing density or maximum unit count Which is needed in Durham to combat the housing stock issue the city is currently facing Next slide, please Here's a closer look at the revised development plan Um tree save areas are noted by the green triangles And you'll see that there are four additional tree save areas indicated on the plan by the hatched green circle around those new green triangles or tree save areas The purple hatch area to the or excuse me the purple hatch arrow to the west shows the crossing that was converted to a utility only crossing And then the three eliminated stream crossings are shown on your screen by a red hatch arrow The crossing shown towards the northern and southern portions of the property were completely eliminated And then the large road towards the top of the property was rerouted to be further south So not to cross the stream located at the northeast of the site While your attention is on that northeast portion You'll see that the building and parking envelope was also reduced here to allow for additional open space around the stream And this is just one example When you look back at the comparison document You'll see that the building and parking envelope was reduced in a number of other places as well Next slide, please This is a textual representation of the commitment and design changes made To resolve the issues raised at the previous hearing So again, Mr. Cultural stated these for you. There was an increase from 22 to 24 true preservation area increase of Committed open space from 25 to 35 percent And the elimination of three of the seven proposed stream crossings With one additional crossing Change to a utility only crossing And again, graphically reduced the building and parking envelope next slide, please A question was posed during the last hearing regarding an archaeological survey being conducted on the site A survey was completed and it was determined that no significant archaeological sites would be impacted by the proposed development The study found that an artifact density had our any artifact density had already been disturbed by previous land clearing activities and or erosion There was also some discussion regarding the grave site on the property We contacted 13 out of 13 of the identified family members of individuals buried on the site ahead of today's meeting we emailed to each council member And to staff written letters from family members who actually had a chance to visit the site with the development team And subsequently gave their consent to have the site moved Next slide, please So again in the interest of time, I tried to limit this presentation to the concerns brought forth by council in june If there are any questions about or desire to hear information related to other aspects of the proposal such as traffic Commendments consistency with the comp plan or the future land use map amendment criteria. I'm happy to address those now Otherwise, I'll conclude the presentation by respectfully requesting that the request be approved And I will field any other questions that you have today Thank you for your presentation miss matthews. Uh, are there any is there anyone else on your team Who's planning to speak tonight or are they just here for questions? Here for questions. Okay. Thank you um, in that case, mr. Timothy hill If you uh, would like to be heard on this item Madam clerk, could we make mr. Hill available? Hello, can you hear me? Yep? Oh, perfect Well, thank you city council for for having me me and uh, yeah, let me let me talk today Um, yeah, just a little bit of my background Um, some of you on this call me know me. I've written uh, pretty extensively from another development Uh, that's happening in Durham at West Point Which has kind of got me interested in the watersheds in particular around falls in the you know and Uh, a little bit of my background is you know, I grew up in Chicago in the suburbs and one thing I you know cherished and kind of loved about living there was You know downtown Chicago did A really amazing job with their lakefront and what they Tended to preserve There but then when you get into the suburbs, you know, the the sprawl that you see in kind of the suburbs around Chicago It's probably you know, some of the worst in the country and what was one of my primary reasons for Moving to North Carolina and settling into Durham in particular So, you know, as I keep seeing a lot of changes and requests for You know future land land use In particular in the watersheds, you know, it gives me pretty high concerns over You know future water quality, you know, what's um, you know traffic situations that arise out of that and you know Generally just what Durham is going to look like, you know in in the future So with a specific one, you know, I've you know, done a little bit of research and looked at it You know, I looked at all the concerns from city council last week And you know, uh, they mirror a lot of what is happening with the development that's very close to me And so, you know, to me the the only comment that I really wanted to express Of concern to city council is You know, these decisions, you know, I think it it does I do think that we need to you know proceed slowly When making, you know, pretty grand changes to, you know, large pieces of land You know, this one being about 80 acres in uh, you know, in what could be a pretty You know, pretty environmentally sensitive area in the future So that's the that's what I wanted to to leave today Thank you, mr. Hill Thank you for being here. Um, all right. This is a public hearing item Is there anyone else who would like to be heard? Anyone else who would like to be heard on this item? All right, with no Additional requests. I'm going to declare the public hearing closed And the matter is now back before the council Any questions mayor shul Thank you, madam mayor pro tem I do have some questions for uh, first staff the First I wanted to appreciate the level of detail we're getting in our draft our our Durham traffic, uh Our Durham traffic ti our tias uh, I saw the name of Earlene thomas on the excellent report that we got and I hope Mr. Judge that you will pass on my appreciation to Earlene thomas for this report. Um, I really am glad we're now taking into account All this information explicitly about the other approved projects in the area and the way this is affecting traffic and That's very helpful. You all made some great changes lately in what we're getting the The community benefits document that we started getting last time On on the development. This one. I'm sure was too early for that, but That's just great. Um And I want to appreciate the proactivity of the staff and uh in doing I'm not sure how well whether or not we'll be approving this tonight, but it's certainly a much better project Than it was when we got it in june and I really appreciate the staff's practice um So, uh, I wanted to know uh, first of all, mr. Kaltra We got a comment from ricky white in an email today from aqua concerning Saying that this developed proposed development was counter to Was counter to uh our open space some open space an open space plan And he had several other comments related to that. I wonder if you could comment on mr Mr. White's Email and the points he made Certainly may or should um and if I could let me just read A little bit about the policy for the wildlife habitat area in the uh, drum open space plan um The the policy really states that uh, the city of county planning department and county open space real estate division Shall work with private landowners developers and land trusts To establish and preserve the wildlife habitat areas in the low case and shown in the following or which is map 12 Which recognizes this area? And preserve these areas using cluster development Open space requirements and new developments voluntary landowner agreements cost share programs conservation easements or fee simple purchase Uh retain any city and county ownership of appropriate parcels in these series uh, so basically the You know these um the other Things that could have been done have never been done for this area So the only alternative that could be done for this particular area would be for the applicant to use cluster development And try to you know create open space as much as possible. Uh, and that's something that uh, you know director young and uh us as staff, you know worked as much as possible Uh with the applicant to achieve as best we could uh in limiting what they could do with this application Thank you. Mr. Culture. Do you feel like uh, given that that Mr. White Implied and I'm sorry. I don't have the email right in front of me That this was counter to the intent of the open space plan But oh judgment or We do not feel we we think that this what they've posed is actually In keeping with the intent of the policy of the open space plan is written Because of the clustering and the additional open space they've added correct Um, if this was one of the corridors, um that were identified, you know And it was one of the stream corridors which required say the 300 foot uh um extra stream Uh corridors not to be disturbed and we certainly would have made them apply that but uh But this is not one of those identified But this is one of the policies that would require them to do the clustering and the and the open space as much as possible Thank you and the the uh you all uh in one of the attachments here is a map of the serials area Um Can you talk about how this parcel relates to your thinking about the the serials area and the map included? Uh, i'm i'm sorry maestro. I I didn't quite catch that Yeah, that's because I barely got out of my mouth. I'm sorry. I understand Mr. Caltra, there's a map of the serials area included in the attachments You all have been We're working up towards a meeting about that with planning convention, but you all have been uh, You've given us that map recently How does your recommendation of approval for this comport with what you see on that map? um If I could I would like to get uh director young maybe to weigh in a little bit on that because I think there may be some changes coming to some of the recommendations on the From the serials basin and those policies Uh, so I think it's important maybe to get her to weigh in a little bit on that Sure. Well, good evening everyone sarah young durham city county planning director The the map that proposed uh future land use which we're calling place types It's kind of the next generation of future land use. Um that may or shul was referencing Does call it recognizes the projects that are already in the pipeline And you know it does call for residential in this area. I'm in the process right now pulling it up To double check Give me just one second So this area in the draft map Is what's considered a planned neighborhood and recreation open space There's uh, oh, I'm sorry. It's mixed neighborhood mixed residential neighborhood and recreation open space So what that means is that? Ideally this we would preserve the open space particularly around the The streams in addition to that we'd be looking for a neighborhood that has multiple different types of residential units in it So that's what the the draft that is is out there Proposes Thank you. And and would you say miss young that this development does both of those things? So I believe And i'm gonna pull up one of the commitments from this. Give me one second Danny may be able to speak to it quicker than I can but So because they're including both chownhouse and single family As their unit type and not a single unit type it does Fit that mixed residential definition. So I just wanted to confirm Thank you uh, and then um I guess the I wanted to know maybe mr. Judge can help us to talk about the intersections at olive branch and both leesville and carpenter Lees, I'm sorry olive branch in leesville And carpenter pond in leesville intersections Both of them, uh under our ti a our Level of service f at rush hour Whether or not this is built now. It's going to be level of service f If this is built and there's going to be level service app. It's not built And Um, I wondered if you could discuss the Situation there was described in the memo or in the yeah in the ti a but I wonder if you could talk a little bit about what this means and practical practically for for people Yes, um, mr. Mayor and members of council bill judge assistant transportation director first Wanted to thank you for the kind words about earlene thomas She is really the one that is staying on track of this for all the development in this area and working with all the applicants to Make sure that we're we're looking at the cumulative impacts of all the various developments She works very hard and we're very lucky to have her as part of our staff. So In terms of the failing level of service For unsignalized intersections that is based on delay, which is typically the side street So it's not uncommon for an unsignalized intersection to have a failing level of service, particularly in a peak hour That until such time as it meets signal warrants. So, um anything that's yeah above Yeah, essentially, yeah above a certain threshold of delay on the side street waiting for a gap in traffic Is going to cause that that failing level of service And how long will people be waiting? um Yeah, i'm trying to pull up the exact number on those two, but it's um anything slightly over a minute is going to cause that um that delay Which is like I said not that uncommon Uh for unsignalized intersections. Yeah anything, uh generally anything above 50 seconds, but um We try to the Lead olive branch in leesville It's approaching 159 seconds is I think the largest one the others are smaller than that um, but that's still less than three minutes. Um, where If the intersection were signalized, um, the delay would would likely be very similar for the side street And they won't be signalized because of the closeness of other signals Correct. Um, it's particularly at olive branch in leesville. Um, that it's due to the proximity of the the other intersection Thank you, mr. Judge. Thank you, madam mayor pro tem Thank you, mr. Mayor Other comments or questions from members of the council council member middleton Thank you, madam mayor pro tem and thank you all who participated. Um I think I'm going to have a question. It's just best to ask I was reading the kind of executive summary of the archaeological um Report and I appreciate the email with the uh attestations from from family members I wanted to ask of the developer the About some of the jargon and kind of the the the terms of art used in the the archaeological survey when you said there's no significant um Archaeological What does that mean? Does that mean there were no bones were found or No, what does that mean when when that designation is used in the archaeological Uh survey and executive summer Thank you council member middleton. This is with idra. Um, I will do my best to explain it. Um The the best way I know how so they were actually uh, there was a previous survey done on this site And there were two archaeological sites there and so maybe the example of these sites might help A little with your question. Um, one of those sites was uh, the remains of a 20th century house um, and then the other Um I believe they might have both been houses. Um So no bones per se. Um, just an old evidence of an old structure. Um, those both of those sites have um Again, this is where the low artifact density came from That's the term, yeah The artifact density. So yes, that that could include bones or that could include the the remnants of the structures that are on this site Um, and again, the the study showed that there was no, um No, um artifact density that would uh, would Substantiate or justify Making this a national historic, um area and I'm that's another term of art that I am fumbling over right now Um Tim if you have anything to add and I can say that a little bit more eloquently than me. I pass it over to you Oh, yeah, this is tim sivers. Thank you. Lily drip. Yeah, uh, you pretty much summed it up You are correct there the statements you made Um as and that is for those other uh locations that are uh, relatively in the area It's a comparison to uh, to other projects in the area. Um, not specifically within our project area, but within the general city Okay, thank you much. I appreciate that. I have to say I find that the the, um The statements from the family members for more compelling with the archaeological uh report, but I appreciate the uh Shedding light on and I may have a couple of other questions, uh later on before we vote, but uh, thank you, uh, Mr Madam Mayor protein Thank you council member other questions or comments friends I feel like the teacher who just sits in the front of the room and lets the awkward silence Permi, okay, then I'll make a couple Thank you, mr. Mayor. I'll just say I'm planning to support this. I think that the Staff did a great job working with the applicant um They really made a lot of significant changes to things to think that we were concerned about in the planning commission was concerned about I am Compelled by the work that the staff has done on the the mapping of the searls basin And I think it's going to really present us with a good guide And today is a good start for that. Um I um This has a lot of the things that we in the planning commission wanted Maximum block lengths design elements garage bay door variety of placement Prophers the afforded by housing fund and DPS now they've added the building clustering and the Tree preservation areas shown that are disseminated across the site and the significant addition of open space and um, I think that It's much improved. I want to appreciate the planning commission as well as our staff for The things that they talked about that I think have really helped lead to these improvements Um, that's that's my thoughts Thank you. Mr. Mayor councilmember middleton Thank you, madam mayor pro tem. I want to fully associate myself with the mayor's comments On this development. I plan on supporting it as well. I I do want to say, um Respectfully really I I um I think the planning commission comments very seriously and and I try and integrate them and and put them into the matrix Of making a decision not try to Um, and I I even whipped the work that the the staff has done I just want to you know, and it's public record. So I'm not I'm not saying anything. That's a secret that that They're still I'm finding more and more that some of the the the input from the planning commission Is is trending and migrating more towards aspirational Things and and and advocacy and I don't want them to think that we're ignoring them and not paying attention to them But now, you know, I'm starting to see comments now. Actually outwardly calling for A moratorium what was kind of hinted at and kind of implied is now finding voice explicitly um And you know, and I've said time and time again on the record that I you know, we can't I don't I think a de facto moratorium would be bad for the city's economy I think it could have a potential chilling effect and trumpet the wrong message about, you know That's something you either got to do it or not do it is you is or is you ain't you can't play with anything like that? and I think that that You know, then now that we have folk absolute actually outwardly calling for it. I think also The notion that somehow a small area plan is going to be this magic kind of, uh, you know harry potter s Encantation that we can just go down the list. Okay. Now we can make a decision according to this no problem that it's not going to We're still going to have to make decisions a new council may not be bound by it. You know, we have to take each case um On its own merits a case by case basis. So I don't want to you know, create the impression that If we could just get this special small area plan all will be settled and we'll come to full agreement on what we want The windows to look like and what type of materials and what the garages will look like that that's just not going to happen Um, so I just want to you know, I will continue to to look for the wisdom and guidance and input Uh from the planning commission as we should we all should but but I do want to You know just say out loud, but I know a lot of people are thinking that that that the comments are becoming more and more Aspirational what we ought to do Um trending more towards, you know Shutting things down until we figure it out and and I you know I don't think we have the luxury to do that as elected officials We have to make decisions now and if we're going to have a moratorium We need to just do that then and say it and so the The community the country will know and developers will know what the state of play is in Durham But I think kind of just putting it in the atmosphere um Could potentially particularly from us uh could potentially have a chilling effect If if we're not going to actually put teeth to that that type of of move But with that said, I want to thank the staff for the work I mean the last comment on the staff recommendation was that they think that it addresses Uh, the the recommendation to approve addresses the concerns raised by the council and the planning commission In the prior meeting and I I tend to agree with them. I think what the uh, even the the increase in tree coverage Uh to percentage levels that were to exceed what even the minimal requirements were so they they started With a percentage that was above what was required by the plan and and have gone further So I just want to thank the staff for for their they're really, um Uh great work and advocacy on on behalf of the city and working with the developer Uh to to get it where I think that it it directly addresses some of the concerns we raised Uh and the planning commission and that's important. It's important that when we raise concerns And we're on the record with them and and when folk come back and address them that we honor what we said Uh and not move the goalpost Um with each new deliberative session. I think that's important Uh for our brand as a city and for our brand as a government So I'll be I'll be voting to approve this uh development. Thank you. Madam mayor pro tem. Thank you council member council member freeman Thank you. Madam mayor pro tem. I I um, honestly, I cannot support an annexation in this area I really appreciate the work of mr cybers and miss matthews and their team Acknowledging that all of the Pieces have been put in place and I think to council member middleton's point You've checked the boxes, but the problem Still lies in not acknowledging how we're continuing to create more sprawl Which makes it more auto dependent and we we're not Running alongside with infrastructure that will actually support That housing being affordable in that area and so I'm I'm mindful that that It might feel like we're moving the goalpost, but I I really want to take a step back and just say That as we talk about I mean as I opened with the convert comments about climate change and acknowledging how these storms are having impact High density and wetlands is is partly to blame for that and then just acknowledging There's just so much more than than just place. I think I was trying to think of what she was um What sarah called it was place type acknowledgement And it's not just the places it's also just like we're water lies And so in each case, I don't think a moratorium is is called for at all But I do think we have to be specific about where we build in density And so specifically when the archaeological study tells you that there's no remnants of the building because of the erosion based on the clear cutting That's a symbol. That's a sense of where we're going And so as we continue to I mean 50 asphalt or 50 paved over Means that there's going to be even more erosion and so I'm I'm mindful of those things and I'm not trying to make it An issue for this one development. I think it's consistent with each of these these are that are within within those wetlands and so I know that this is the county And we're consistently moving in the direction to annex the entire county But at some point we've got to acknowledge that there are these boundaries that are our county don't Don't decide where the water goes. And so if we don't collectively figure out how to support support regionally How to stop this flooding how to stop climate change how to stop All of these things the pressure is going to be on each developer And so I'm I'm I'm committed to pushing On the side of of doing the regional work so that we're not Forced to look at each development in this way But today I mean with the annexation. I just don't think we need to move forward. That's all. Thank you Thank you councilmember Other comments councilmember cubby air Thank you. I will be supporting this development this evening. I appreciate the The developers for the choices Improving the the project and my only ask is you know, I hear from developers pretty consistently about predictability My one request is that we could have approved what we're approving tonight in june Had you all come forward really thinking through what can you do on the site that meets all the goals? No, it is not the perfect thing As councilmember freeman has indicated there is risk to building here But we are as always making decisions within very tense parameters Um, and so that's my my one request from developers is I feel like there's pretty clear guidance from council We want density and we want it to fit Within environmentally sensitive areas as best as possible Um, I look forward to the meeting that we're going to have I think soon, um around the small Area or focus area or however, we're framing it to give us even more guidance um So I will be voting for it. I appreciate all the text commitments that list is very long It shows the commitment from folks who are building here that they take our Guidance and what staff says seriously And that's all. Thank you Thank you councilmember Other comments councilmember reese Thank you, madam. Mayor pro tem. I want to thank the applicant and our staff for uh, some significant work that happened between tonight and our last meeting in june um, a late night meeting as I recall Our last our last meeting in june, uh, because this is a much improved proposal from the perspective of open space reducing The stream crossing is I think is really important. Uh, and I think that With it when this project gets approved tonight It will be much better than it was the last we saw it and much better for this area Unfortunately, I won't be supporting it As I mentioned last time We saw this case my thinking on approving this type of residential Resonant annexation and rezoning in this part of the city this excuse me this part of Durham has changed quite a bit over the last year And I have become increasingly convinced That this is this type of development number one does not actually address The howlerson shortage that exists in Durham in in neighborhoods and parts of our city that are facing gentrification and displacement I think I also agree that That a small area plan is not going to be a magic wand or a harry potter risk solution Of I really like that turn of phrase. I'm going to start using that a lot actually This is not a small area plan. It's not a small harry potter risk solution to this problem. It can't for example mandate Affordability or any of the other things that we say we want from developers here in Durham What this will do is Take a part of Durham that is not currently in the city and bring it in for the sole purpose of adding Houses and I just don't think this is the right place to do that In fact, in my opinion Every time we say yes in this part of the city It takes the pressure off of developers To do more dense infill development near transit near the downtown core where we need it the most And so That's why that's why i'm saying i'm going to say no tonight Because I think The more that we say yes to things like this We lose the ability To incentivize developers to do something better And so but having said all that as I said at the outset This is a vastly superior Project than the one we saw in june And I applaud the developer and our staff are working so hard and so closely together to get us to this result The last thing I want to say I just want to directly address our developer community When projects change as drastically as this one has From a one 4 and 11 against recommendation of the planning commission To the proposal we have tonight It gives First of all, that's a really horrible process We really need to get away from From just pushing through The planning commission no matter what the vote is to get to the city council where the real work of negotiation can begin that's That is so That gets the process completely backwards and also It causes folks in our community to lose faith in how this process is supposed to work because repeatedly they see The planning commission unanimously or nearly unanimously recommending rejection of annexations and resovings and this council approving them Now we know the seven of us And our staff know that significant changes have happened in those proposals since the time of the planning commission Didn't particularly care for them and the time that they are up here for final vote Sometimes for a second visit after we have delayed here in the public hearing so that they can do some more work to make it even better If that work happened at the beginning This process would go so much faster It would be so much easier on everybody concerned And it would restore some of the trust that I think we're losing with those just that wide disparity Between what the planning commission sees and rejects and what ultimately comes to a vote at this council Which is often far better than what the planning commission um rejected So I guess that's my plea to developers is please do better don't Lay this on our doorstep at the last minute um because The planning commission exists to give us advice. What am I supposed to make of the advice they gave on something that looks completely different Than it does today And so when developers do that they are robbing us of the opportunity to get real guidance and An advice from the planning commission about what's actually before us So that's my plea And that's all I have to say about that. Thank you madam mayor pro tem Thank you councilmember Councilmember felon I just wanted to uh, yeah, thank everyone for speaking. It's been a really Um thoughtful conversation, but I particularly wanted to associate myself with um councilmember reese's last comments there Uh about the planning commission. I remember talking with um Miss young ones about the possibility of being able to send things back to planning after significant changes are made But I think actually charlie has it right. It's it shouldn't be this ping pong thing. It should be um, you know complete and thoughtful Uh coming in so that we're not um kind of double taxing our um volunteers with uh the work of uh holding them accountable to some values that they already you know should know about um been um pretty consistent about some of the changes that uh were asked and appreciative of the changes that were made but I too found myself Um yearning for an opportunity to hear what our planning commission's commissioners would think about some of these changes um, this is their area of focus and uh, like the middle 10 said I really appreciate and respect their perspective and find myself um Yeah, really missing that it's kind of a gaping hole in um You know in the in the usual pieces that we have at our disposal as a council Uh when making these types of decisions That being said, I'm I'm going to be supporting this uh today You know for many of the reasons uh that that we've talked about just the um constant struggle to to Provide housing there's we're just woefully inadequate housing stock wise and when um tim hill uh who spoke earlier tonight talked about kind of coming in from chicago I mean he's not alone people are coming in from california from boston from you know from new york city um in droves uh to to to be a part of this community and Increasing density is really important as you can see we have different ideas about how and where to do that But nobody disputes the fact that we need more density um So I will be supporting this and uh appreciate your time. Thanks Thank you council member. Um, I will just go ahead and say I'll also be Supporting this item tonight. I appreciate all of the work that's been done Over the last couple of months to make these improvements. I think they have addressed the vast majority of the concerns um that were brought up and again, you know, we are always balancing our our need for additional housing with our Desire to steward the environment and to ensure that We're not causing undue environmental harm While we accommodate the growing population of our community and folks who are moving here from all over the country So I appreciate the work that's gone into making this proposal a lot better And I'll be I'll be supporting it as well If there are no more comments or questions Someone could go ahead with the first motion Which is to adopt an ordinance annexing 1051 olive branch road into the city of durham effective september 30 2021 Madam mayor for tim, I had one comment. Oh, I'm sorry. Go ahead. No, that's okay. Thank you so much for for a bottom email um, I uh I really appreciate all of all of the comments that have that have been raised and and really helpful um And helping, you know my perspective to evolve I I do want to say however that, you know Being on a planning commission is hard and being a city council member is hard And and leadership is is challenging and making decisions and I know the planning commission is an advisory body um And in the final analysis, you know, a leader may have a bunch of advisors in the room But at some point they walk out and you have to make a decision um, I The the planning commission is populated by us We we populate the planning commission So the folk who we put on there if if we're if we're vetting them if If you know beyond just looking at a resume or if they're just our friends or or if we talk to them You know, we might have a sense of what some of their holdings are of course people can evolve and they're thinking I know but get a sense of of of where they are um On the spectrum if you will In terms of development and Durham's future and what their philosophy is Uh before we put them on there But I you know, I just want to be very clear that as a member of the voting member of the city council I ran for council. I didn't apply for the planning commission that at the end of the day I take very seriously their their advice, but it is advice um And you know as a as a per listen I I I don't I want developers to to do better But I have no expectations of profit driven capitalists acting in the best interest of the city We're here to make them behave And and and that's what the process looks like you bring us something And it may be based upon your view of what you want to do of what you think the city should look like And we are that firewall. We are the guardians if you will Uh, I'll start to say the galaxy guardians of the city that that that that scrutinize and say hey go back This needs to to comport with you know our our our values and our vision Um, and if the planning commission needs to do a little more work on that That's what we're here for that it you know Protecting and defending and governing the city's heart um, and and I I just want to be clear that While I take very seriously Every board and commission commissions advice Uh, even when they're speaking declarative tones at the end of the day the decision is ours And I would just remind us we have the wherewithal To take what the prevailing sentiment of the commission is and make it policy if we want We could we can enforce the moratorium if we want um Or not But if we're going to if we're going to do it on a on a case by case basis that that's within our purview As well, but I you know for all listening to us tonight Um, I We could at any time with four votes codify What we think the prevailing sentiment of the planning commission is if we think that that's the way we should be going Uh as a city, uh, that's within our purview Um, so I thank them for their work Uh, but I continue to to understand that that my role is to listen to as many voices as possible Listen to the advice And then you know the as I I like to say all the time the planning commission's remarks are impactful, but they're not determinative Um, that's what we're here for um, and um I'm glad to be here doing it. Thank you madam mayor pro tem Thank you councilmember councilmember freeman Thank you, um councilmember middleton. I think you bring to light to mind I think um because I've served on a planning commission. It's a little It's a little different But I know that even for specifically the board of adjustments and the planning commission because they're their roles are more of a I mean, they're an arm That is limited specifically by these laws that have been put put in place around development There's a tension there and we and we as the guardians of the galaxy of derm Um, truly have to be mindful of our long-term View and so noting I think Councilmember Reese made one of the best points this evening in noting that if we don't put the pressure On our developers to move back into areas that actual people can ride a bike or a bus to We're going to continue to have the sprawl And so annexing the county is going to continue to be the go-to because it's cheaper A whole lot cheaper And so I mean, there's no other way to say that but I'm mindful that I hear what you're saying. I really appreciated it But uh, I do know that there's We've got to do we've got to do something different because uh, the scroll is not helping us Thank you councilmember Come here. You're you're yeah, okay. Yeah um I'm going to read out the motion that we need If anyone feels so inclined To adopt an ordinance annexing 1051 olive branch road into the city of derm effective september 30 2021 And authorize the city manager to enter into a utility extension agreement with poulti home company llc So moved as red second Thank you Move by councilmember middleton seconded by councilmember freelon madam clerk. Would you please call the roll? Mayor shul I Mayor prudent johnson I Councilmember caballero I Councilmember freelon I Councilmember freeman May Councilmember middleton I would I Councilmember reese Oh Thank you Thank you Our next motion is to adopt an ordinance amending the unified development ordinance by taking property out of residential rural rr Falls jordan lake watershed protection district b fjb and establishing the same as plan development residential 3.7 pdr 3.7 falls jordan lake watershed protection district b fjb Move as red second Moved by councilmember middleton seconded by councilmember freelon madam clerk. Would you call the roll? Mayor shul uh Mayor pro tem johnson I councilmember caballero I Councilmember freelon I Councilmember freeman nay Councilmember middleton I would I Councilmember reese oh Thank you Thank you. Our final motion is to adopt a consistency statement as required by ntgs 160d-605 So moved Second Thank you moved by councilmember reese seconded by councilmember middleton Madam clerk. Would you call the roll please? Mayor shul uh Mayor pro tem johnson I Councilmember caballero I Councilmember freelon I Councilmember freeman I Councilmember middleton I would I Councilmember reese I Thank you Thank you. Madam clerk. Um all three motions pass unanimously and Not quite I'm sorry all three motions pass five to two Um with councilmember reese and councilmember freeman voting no Is there anything else we need to discuss tonight friends? The third motion pass unanimously Thank you We need to discuss how great it is to be done before eight third Always an important item for discussion Fabulous Madam Mayor pro tem for presiding Thank you, Mr. Mayor Thank you very much Great job I'd be feeling better, Mr. Mayor Uh, I'm gonna declare this meeting adjourned at 8 20 Good night everyone. Bye June don't worry Thursday's coming June June is a long way off. We're gonna