 Good evening. We'd like to call the Durham City Council meeting to order Monday, April the 4th and certainly want to welcome all of you That are here with us this evening If we could just take a moment for silent meditation, please Recognize councilman Davis Thank you, mr. Ma'am. I think it's very very appropriate that tonight We have with us to lead us in the pledge of allegiance to the flag of the United States of America a native of Durham, North Carolina Who went to the University of North Carolina played basketball there along with playing track? running track and football and Baseball he was a full sport Person at the University of North Carolina and was a letterman in four sports He is the only athlete in the history of the ACC To be a full sport letterman, ladies and gentlemen, I introduce to you. Howbert long I want to congratulate These people right here the Durham City Council for having a moment of silent prayer and the pledge Before your meetings because trust me and my travels these past three four years I've seen a tremendous decline in that a Tremendous decline especially the school system and city clubs So my prayer is that it never happened here when one day two or three little people come up and fuss about God being in the pledge Allegiance, I hope this people take a stand and say it's gonna stay where it is. So let's say Indivisible Justice for all That's the point because you called roll, please Mayor Bell Mayor Pro Tem Cole McFadden Councilmember Davis Councilmember Johnson Councilmember Moffitt Councilmember Reese here and councilmember sure Good evening everyone good evening everyone Thank you very much We have several proclamations tonight and the first one is The week of the young child Whereas early childhood from birth to age five represents the most critical time in children's development and Is the foundation for success in school and life? according to the National Association for the education of young children and whereas Durham's partnership for children Child Care Services Association and other local collaborating organizations are celebrating the week of the young child under the national theme of celebrating our youngest learners and whereas Making sure children are ready to learn is a community endeavor that involves parents childcare providers policy makers businesses congregations and community agencies and whereas high quality early care Supports Durham's current workforce for families with young children who rely on child care to work and whereas Early care and education is an economic development strategy at the beginning of the talent pipeline and whereas early childhood programs Support children and families as they prepare to enter school and whereas transition to kindergarten Must be a smooth Coordinated process for children Parents and schools that greatly minimizes the achievement gap whereas comprehensive bilingual Evidence programs in parent education and literacy increase family stability and Whereas early intervention Family support and education can help break the cycle of poverty that affects more than half of Durham's children and create opportunities and early childhood That have a lasting impact in the community and whereas the Durham City Council Do hereby? Proudly recognized that the ages of five birth to five of the most critical time and children's development Which builds the foundation for success in school and life now there for I William v. Bill Bill Mayor of the city of Durham, North Carolina Do hereby proclaim April 10th through 16 2016 as the week of the young child in Durham and hereby recognize Durham's partnership for children and child care services Association for the exemplary Model of collaboration which continues to improve the landscape of early education for Durham residents and benefits present and future Generations witness my hand in the corporate seal of the city of Durham This fourth day of April 2016 and who is here? Oh Hey Would you like let me give you this thank you so much you welcome Partnership is your smart start agency and child care services Association is your Childcare resource and referral agency on behalf of the staff and board of directors Thank you for this proclamation and thank you for celebrating the week of the young child For 21 years Durham's partnership for children has served as the convener and facilitator of our early childhood system and Childcare services Association has served in its role across Durham as well as a nine county region with national and state impact as well for 42 years as Our city leadership you serve far beyond these walls as you well know guiding our work and making a difference for young children our Collaborations and mutual accountability run deep We're grateful for you mayor Bell a dedicated advocate for young children and a great reader in child care centers Our own Paulette Stevens has been a leading voice in the education task force of mayor Bell's poverty reduction initiative City manager Bonfield who continues to make young children a priority and is always ready with a listening ear and a helping hand On our board Rhonda Parker serves capably on behalf of our city Amy Blalock serves on our community awareness committee Toya Merritt sits on our evaluation committee And I also had the great pleasure of serving on the workforce development board under the esteemed leadership of Kevin Dick Our state has long been a leader in its commitment to young children and Durham's partnership has served as a real model both in the state and nationally Because someone closed the back door, please go ahead When you educate young children you build the cognitive and analytic skills that are represented in this room tonight When you educate young children you lay the foundation for success throughout life You build civic engagement, and you've you build a strong community So it's with great gratitude that we receive this proclamation tonight And we as a people and a community are Committed to educating our young children again. Thank you so much for this recognition tonight. Pardon me. Thank you Let me say to all of you that have entered the chamber We respect your right to protest We would hope you respect our right to hold a meeting such as we're having we don't have signs into the chamber audience You're welcome to be here, but I would ask if you would hold your comments outside the chamber Congress outside the chamber room If you don't mind So if you can if you can close the door, please And if you can take your signs outside to put them down You're welcome to stay at this public meeting We where we have a process by how we hold public hearings And I would hope that you were respected just as we respect your right to protest against whatever you're protesting against So please respect the rights of persons who are going to be Presenting proclamations here, and please respect the right of this council to conduct this business in an orderly fashion Mayor pro tem will you call the next person the next proclamation is Meatless Monday month proclamation. Wow, I should have read this room Who is here for oh Come on up, please Okay Good afternoon Whereas seventy-eight point two percent of Durham County residents do not eat the recommended five daily servants of fruits and vegetables and 65% of adults in Durham County have a BMI or body mass index considered overweight or obese obesity is associated with an increased risk of numerous health problems including heart disease type 2 diabetes stroke and The several kinds of cancer whereas nearly 30 percent of North Carolina youth nine to 12th grades are either overweight or obese obese according to the 2013 Youth risk behavior survey data and 61 percent consume less than one serving of vegetables for a whereas Obesity also affects the state's economy in North Carolina the medical costs associated with adult obesity were 17.6 billion in 2010 Whereas the American Dietetic Association Recognizes that reduced meat consumption Decreases the risk of various health problems stating and I quote scientific data suggests positive relationships between a vegetarian diet and reduced risk for several chronic degenerative diseases and conditions including obesity Obesity hypertension diabetes and some types of cancer I quote and that vegetarians are less likely than meat eaters to be obese Accordingly experts recommend going vegetarian or at least increasing plant foods and eating eating fewer animal products to help weight control and Whereas the environmental impacts of abstaining from meat are significant Producing a single hamburger Uses enough fossil fuel to drive a small car 20 miles and Enough water for 17 showers a Recent United Nations report concluded that a global shift toward a vegan diet is Necessary to come back the worst effects of client climate change and Researchers at the University of Chicago concluded that switching from a standard American diet to a vegan diet is more Effective in the fight against climate change than switching from a standard American car to a hybrid whereas a Growing number of people are reducing their consumption of animal products in order to prevent animal cruelty Approximately 1 billion animals would be spared if animal consumption was reduced by only 10% a Figure that would be achieved by a national meatless Monday Whereas a weekly reminder to restart healthy habits encourages success and We are more likely to maintain behaviors begun on Monday throughout the week and Whereas the triangle meatless Mondays initiative offers free resources Including recipes to Durham County residents through its printed materials and online resources and Whereas many local restaurants are now offering meatless menu items to make it easier for citizens to reduce the amount of meat they eat and whereas Durham also is proud to recognize many additional communities organizations and groups who participate in meatless Mondays around the world Now therefore, I will be bill bill mayor of the city of Durham, North Carolina do hereby proclaim April 2016 as meatless Monday month starting today in the city of Durham and encourage and call upon the residents of Durham to observe this month in recognition of the value and Benefits of reducing meat in the diet and to promote healthy meat-free diets within the city of Thank You Mary row and council members for welcoming us and proclaiming April as meatless Monday month Meatless Monday is part of an international campaign that encourages individuals schools hospitals and other businesses to eat meat-free one day a week to improve their health increase environmental sustainability and Reduce the number of animals suffering in factory farms As well as introduce them to the benefits of adding more plant-based foods to their diets Durham joins many other cities who have adopted similar resolutions and proclamations such as Washington, DC Philadelphia, Cleveland and San Diego Alaini Blacko's and Caitlyn Grady and I are co-organizers of the triangle meatless Monday a Durham based organization run completely by volunteers We began in 2011 with the help of Tobin freed the city sustainability manager So far we have received pledges from over 2,500 local citizens to go meat-free at least one day a week As the proclamation states more than 78% of us in Durham do not eat the recommended servings of fruits and vegetables This affects our health as well as the health of our environment Meatless Monday as promoted by many health organizations including the American Heart Association Several common health problems such as obesity diabetes Hypertension and some types of cancer can be mitigated through eating less meat and animal products and adding more plant-based foods Reducing meat consumption also has a positive impact on the environment by reducing the amount of water and energy used to produce food April 22nd is Earth Day. So this is the perfect month to get started on meat reduction To that end we have also just begun our fourth bull city vegan challenge This is a popular month-long contest challenging top local chefs at Durham restaurants to add a plant-based dish to their menus Customers try the dishes throughout April and then vote on the best this year 15 restaurants are competing The idea is to support and promote local businesses Engage our community while making more room at the table for everyone and showing how popular and in-demand plant-based options are We have some items to share with you Including some samples and handles about the challenge We also have some Informational brochures for you to look at as well You can also learn more by going to triangle mm for Meatless Monday comm and Thank you so much for helping to further emphasize the power of meat-free meals And we invite you to participate in Meatless Mondays with us as well as the April chef challenge. Thank you I'll just ask my council members to eat quietly while I proceed with Our next proclamation is national public safety 9-1-1 communications officer week National public safety 9-1-1 communications officer week is observed across the nation the week of April 10th through the 16th In honor of the occasion the Durham City Council issues The following proclamation whereas when an emergency occurs The prompt response of police fire and EMS is critical to the protection of life and preservation of property and whereas communication officers of the first and most critical Contact our citizens have with emergency services and whereas each 9-1-1 communication officer has exhibited compassion understanding and professionalism during the performance of their job in the past year National public safety 9-1-1 communications officer week in Durham is proclaimed by William B. Bill Bell mayor of the city of Durham and Urge all citizens to take special note of this observance in honor of the men and women whose diligence and professionalism keep our city and citizens Safe here to receive this proclamation from the Durham Emergency Communication Center is their recently announced employee of the year This individual has demonstrated over the past 12 months months exceptional Customer service to the citizens of citizens of Durham and the extraordinary ability to operate the police channels and serve in an acting Supervisor position She has been nominated several times by her coworkers for a seven-star award for her efforts and consistently creates and Projects a positive attitude and makes the workplace environment more rewarding It is my honor to present this proclamation to the Durham Emergency Communications employee of the year. Ms. Jamie Helms Thank you, I accept this proclamation with great honor. I've always prided myself on being a great employee I've been with the city a little over eight years, and I've grown professionally and as an individual It's been wonderful being a part of the city of Durham and in the 9-1-1 Center. And again, I say thank you The next proclamation is fair housing. Did everybody get fit? Okay, all right Whereas April marks the anniversary of the passage of the Fair Housing Act of 1968 Which sought to eliminate discrimination and housing opportunities and to affirmatively further housing choices for all Americans and Whereas the ongoing struggle for dignity and housing opportunity continues to be an issue and vigorous Local efforts must continue to combat Discrimination and whereas the Durham City Council has authorized the Human Relations Division of the Neighborhood Improvement Services Department to take necessary action to enforce the city's fair housing ordinance and the Federal Fair Housing Act of 1968 as amended and whereas ongoing fair housing education Outreach and monitoring is the key to raise an awareness of a person's fair housing rights and responsibilities and Whereas only through commitment Continued cooperation and full support from the Durham community can the barriers to fair housing be removed now Therefore, I will be bill bill mayor of the city of Durham do hereby proclaim April 2016 as fair Housing month in Durham and hereby urge all citizens to take special note of this observance By promoting good fair housing practices throughout the city of Durham and here to accept this proclamation is Delilah Denison and who else? Okay, oh Thank you mayor pro tem and thank you mayor and city council For this This is the 48th year to celebrate the Fair Housing Act And we are so pleased that the city of Durham has allowed us the Human Relations Division To be a part of the city and enforce the city of Durham's Human City of Durham's fair housing ordinance. I would like to announce that we have five events that will take place during this month and Starting on Saturday, April the 9th There will be it's the second annual dr. Martin Luther King Jr. Good neighbor Breakfast and this will be held at the first Presbyterian Church It will start at 11 o'clock and go from 11 o'clock to 12 30 and there would be awards given out there and Warren Herndon is the contact person for this event We also are having a training for fair housing for persons with disabilities and reasonable accommodations This will take place on Thursday, April 14th from 11 o'clock I'm sorry from 10 o'clock until 12 o'clock. This will take place in the NIS third floor conference room and All of these events are also listed on the website The next event is the housing discrimination on Families with children and this particular event will take place in Spanish It's a bilingual presentation that will be given and this will take place on Friday, April the 22nd also third floor NIS department conference room and This is from 2 o'clock until 4 o'clock p.m. The next event is race relations then and now Journey to justice. We will have a speaker Douglas Jones. It will take place in this same room here This will be Thursday, April the 28th from 3 o'clock until 4 30 and This presentation will be given as we said by Douglas Jones and when chair feel side comes up you'll talk a little bit about Douglas Jones and the last event Human Relations Commission award ceremony the chair of the Human Relations Commission feel side is here And he's gonna talk about that First I'd like to thank the city council the mayor and the the city manager for taking fair housing So seriously in the city of Durham There are a couple of points I wanted to bring up the first point was the Human Relations Commissions award ceremony will happen on April 28th. That's where we Award for for people who have done excellent service for the city in regards of creating a great human relations The second part is that I would like to thank Delilah. This will be Delilah's last proclamation before she retires And I would like to thank her for her service. I've worked with her. I've had the pleasure of working with her for four years She is an excellent outstanding person and a good role model for a strong What did I say? A strong smart independent woman, thank you very much And now where's white where's Wayne oh Come on, come on, don't be afraid This is the Wildland Foundation national mayor's Challenge for water conservation proclamation Whereas the city of Durham continues to explore ways to manage Residential consumption of water and to inspire its citizens to preserve and protect our national resources especially our water supplies and whereas the city of Durham as an EPA water sense partner encourages our community to conserve water and be water-efficient whenever possible and whereas the Wildland Foundation has sponsored the National mayor's challenge for water conservation for five years Promoting active competition among cities of all sizes across the nation To reduce water use by the adoption of water efficient behaviors and practices and whereas from April 1st through 30 of 2016 the city wishes to inspire its customers and its neighboring communities to Participate in the challenge by making a series of online pledges to reduce their impact on the environment by decreasing water use and Striving to be more efficient for the period of one year one year Now therefore I William v. Bill bill mayor of the greatest city on earth Durham, North Carolina You may applaud Do hereby Proclaim that the city is an active participant in the Wildland Foundation national mayor's challenge for water conservation and Encourage Durham citizens to take the conservation challenge between April 1st 2016 and April 30 2016 I'm making an online pledge at WWW dot my water pledge Com witness my hand in the corporate seal of the city of Durham. This is the fourth day of April and James Well, I have to speak on behalf of Wayne So on behalf of Wayne and the rest of the Department of Water Management Thank You member 10 mayor City Council for supporting the challenge again this year Last year mayors in 39 states challenge or challenge their residents to make over 390,000 pledges to promote drought resiliency Protect our watersheds and ultimately reduce our stress on our water resources And our aging infrastructure Here in Durham. We know that our citizens are very conscientious about water and environmental issues and Are always ready to do their part to save this precious resource and for that. We are very grateful and very proud In terms of the challenge this year Not only is it the right thing to do, but it's also a great opportunity for individuals and the city to win some great prizes This year again, they'll be giving away a Toyota Prius gift cards other eco-friendly prizes and the city has the opportunity to win a landscape makeover for a pocket park which will feature a highly efficient State of the art irrigation system So we're hoping our citizens and everybody here will help us make that possible by making their pledge At my water pledge calm. We have until April 30th to do that So I encourage everybody to again visit my water pledge calm And also visit Durham saves water org and follow Durham water on Facebook and Twitter Thank you again Yeah All right, thank you, ma'am pro-town Let me ask so there now since my members of the council. Yes, mr. Mayor recognized council Reese Wanted to express my thanks and the thanks of the people of Durham to the Sure, I get this right the select committee on strategic transportation planning and long-term funding solutions of the North Carolina General Assembly Today that a select committee of the house met In Raleigh and by unanimous bipartisan vote Approved a measure that would if taken up by the rest of the general assembly Remove the funding cap that the general assembly placed on light rail projects During the last budgetary cycle and while we will and do have Significant disagreements with members of the general assembly and their leadership on other issues I want to thank Chairman John Torbett and the rest of the members of the select committee For standing up for the principle that data driven decisions about transportation Make the best public policy. So look forward to seeing the cap raised and a light rail becoming a reality here in Durham Council Reese and I appreciate that hope it gets back to the general assembly other other members announcements I Got an announcement the game started a half an hour ago. So if I know this is April Fool's belated I don't know if anybody wanted to leave. That's just don't don't play with me. All right. Don't play with me Well, that didn't work This mr. Mayor by knows it both you and I are Duke fans. We really don't care that much do we go all night All right, we move with the announcements first pride about a city manager. Thank you mr. Mayor Good evening everyone the agenda item number 28 is a supplemental item public hearing on the proposed economic development incentive agreement in the city of Durham in Aurobindo pharma, USA City manager spar times we're brought to move the second round clerk. Are you open to vote close the vote? It passes 70 zero Likewise city attorney. Thank you. Mr. Mayor. No priority items likewise city clerk Yes, mr. Mayor members of the council gba item number three citizens advisory committee Appointment you did have additional information submitted by mr. Tavion Powell for your consideration entertain the motion on these city clerk's priority item It's been proper to move the second round clerk. We open the vote Close the vote It passes seven is your The agenda is as follows we have consent agenda Consent agenda items may be approved with a single vote if a member of the council I remember the audience asked to have a consent agenda item removed. We discussed that later in the Agenda and I'll just read each consent agenda Heading item one is approval of city council minutes Item two is the Durham Performing Arts Center oversight committee item three is an item that can found on the general business agenda item four is FY 2016 2017 budget development guidelines and I'm going to pull that we have persons that want to speak on that item That's item four Item six is professional services engineering Services for Southeast Regional Lift Station contract award to Hazen and Sawyer PC Item seven is February 2016 bid report I had made us the bid purchase of 12 light transit vehicles Item nine is resolution of proven and installment financing contract and deed of trust and authorization to execute associated legal documents Item 10 is design services for the campus Hills pool de-mitrification Improvements Item 11 is network hub license agreement between the city of Durham and Google fiber North Carolina Inc North Carolina LLC Item 12 is employee fitness tracking dashboard and fitness trackers Item 14 is in a governmental agreement with the US Geological Survey For Laurel, Laura LP Creek ground water surface water interaction study Item 15 is Eno River watershed improvement plan Item 16 is revision to city code section 78 dash 50 dash service area fees for waterline projects Item 17 is item that can be found on the general business agenda It's 18 to 24 items that can be found on the general business agenda with So I'm trying to motion for approval of consent agenda items with the exception of consent agenda item four Which items item four is what was pulled on the budget I Can't remember Johnson you turn your mic on please. I'm sorry Folks had told me that they were interested in speaking on the item regarding the installment finance contract That's item item nine. No one pulled. No one pulled it. Okay. Great. Thanks. Can I vote now? Can you open vote? close close the vote It passes seven to zero Thank you. We'll move to The general business agenda Item three is citizens advisory committee appointment. You have a question question. We only had one applicant Exactly. Mr. Tavion Mr. Mayor, I See that he did not have any experience, but I don't think you necessarily need in it To as long as you can look at information and decipher it and be fair I Have no problems with it. I didn't hear the discussion on it before. That's just my two cents That's councilman sure Thank You mr. Mayor I had asked that this be put on GBA because mr. Powell had not previously submitted any information about himself But thanks to the city clerk's office. He now has and I'm fine with supporting it. Thank you We're probably moving second any further discussion here none mountain clerk. Will you open the vote close the vote? It passes seven is zero Thank you. We'll move to item four item 17 move fest funding and economic impact Mr. Mayor as you recall at the work session council heard a request and presentation from representatives of the Moogfest organization Regarding a funding request associated with their festival which will occur May 19th through 22nd council heard that report and because the mayor pro tem was Unavailable at afternoon asked of this matter replaced on the consent or the GBA for further discussions even certainly be glad to answer any questions Recognize the mayor pro tem Thank you. I'm sorry. I could not be here for the discussion my I have one concern and that is that we Be fair to the art of cool as well who has presented a request for $20,000 which is a very meager amount and I would like to know at some point soon What the disposition of that $20,000 request is I tend to look at things through as member of the Board of Directors of the National League of Cities we have a program that looks at racial equity And so that's how I'm viewing this for a racial equity lens I would like to make sure that if we're going to give Moogfest What they requested that we do the same with the art of cool It's a racial issue. If I could that a mayor pro tem The representatives from the article provided some information After the meeting that Thursday, we had not seen any of that beforehand the office of economic workforce development is currently reviewing that information and Confident that we'll have a recommendation to come back to the council We're in the next cycle or two prior to the art of cool event occurring And I think we need to look at this thing holistically in the future because as you know We at one time One of the biggest black festivals in Durham Bimba was moved from downtown out to the One of the parks and it gives the an appearance that Certain things are not supposed to be downtown and I want us to make sure that Race is not an issue Issue if we're when we're making decisions to hold events downtown And I guess many people don't understand what I'm saying when I say racial equity art of cool is Led by a black woman and Moogfest is a carcassian woman. So they need equal. Is that correct? They need equal Consideration, thank you for the comments on this item. It's not in a motion on It's been property moved in second madam clerk. We open the vote close the vote It passes seven is zero We're on a general business agenda for public hearings Item 18 is zoning map change rolls walk club Boulevard Good evening. My name is Kyle Taylor with playing departments. I can confirm Affirm that's all legal notices required All notice requirements have been Executed in accordance with state and local law for public hearing items 18 through 24 and affidavits For such are on file in the planning department Zoning case Z15 0020 Rosewalk Club Boulevard is a request to change the zoning designation of 5.59 acres located on West Club Boulevard between North of Duke Street and Ruffin Street from residential urban 5 RU 5 and residential urban RU 5 to do planning a to plan development residential 10.8 for our future residential development development plan associated with this request can commits to the following 60 maximum residential units one access point in 3% tree coverage The text commitments on the development plan Include closing the existing right-of-way for Sally and Hildreth Street a mix of housing types a community green space and a buffer along the northern property Graphically the development plan commits to general locations of one site access point Location of tree preservation areas and a building and parking envelope and project boundary buffers in excess of ordnance standards Staff terms of this request is consistent with the comprehensive plan other adopted policies and ordinances Planning Commission did recommend approval on my November 10th 2015 by a vote of 11 to 0 And I am available for any questions that you may have. Thank you. Thank you This is a staff report as the public hearing the public hearing is open You've heard a staff report. I will ask first are the questions by members of the council on the staff report If not We have one person that is signed to speak on this item Row Robert Chapman Let me ask is anyone else who wants to speak on this item. Let's be on a public hearing If not, you have three minutes Well, thank you very much. Mr. Mayor and members of the council. I am a new urbanist developer I have done projects in North Carolina, Florida and Arkansas Including three projects in this area Trinity Heights behind dookies campus redevelopment of the West gear Foster Street area and a project in Chapel Hill named Windmore and In each case we've tried to create a place that is walkable and has the highest level of Quality construction and quality detail. We're very excited that for this project We have Lou Oliver who I we consider to be one of the great planters and designers in the country as our planner and we think that we're going to create a place that is Almost becomes a tourist attraction because it sets a new level of Unfolding delight While you're there one of the things that we did in the project in windmill in Chapel Hill at Windmore is that we voluntarily offered to Provide 61 low-income housing tax credit units within a relatively high income community And those were built in addition to about 40 small units So almost half of the units were considered affordable under carburetor's ordinance we're hoping this time with in a relationship with the Durham community land trust to have at least 10 units that Are considered affordable by Durham standards and we have signed a letter of intent with the Durham community land trustees Selena Mack They're they're going to help us accomplish that again. That's a voluntary Offer and and challenge that we've challenged ourselves to accomplish and we're pretty confident we'll be able to do that One of the council people asked me a couple of questions and I promised to get back and answer them and I haven't yet So I'll answer them right now On the plan it says that it's a hundred percent in pervious And I spoke to Dan jewel and he said that that's the Maximum allowed by the ordinance and that we don't know what the impervious is going to be but we anticipate It's probably going to be 50% no more than 70% I also received a question about Mask rating It's a it's a relatively small site only 5.59 acres With a fairly deep gully down the middle of it So there's going to be a substantial amount of grading, but we're going to try to save all of the specimen trees that we possibly can we've approached the elder be Creek watershed association and met with Steve con and Chris strips And asked them to make this project a pilot project for best practices, which they have offered to do and we're looking forward to that Thank you very much You're welcome. Let me ask other questions about members of the council of the developer and plans Again, it's the public hearing is that anyone else in the public that would like to speak on this item Could you could you come to the microphone, please? State your name and address Good evening members of city council. My name is Selena Mack I'm the executive director of Durham community land trustees and I'm just here tonight and supported this project as Bob mentioned we the two of us have signed a letter of intent to include At least two units ten units of affordable housing in this project So really excited about being able to work with this caliber of developer and with the prospect of This being a model for affordable housing being incorporated into for-profit development in future So we really would appreciate your support and thank you very much My address I'm sorry 1208 West Chapel Hill Street Durham to 7701 Thank you. Anyone else who wants to speak on this item If not matters back before the council And close the public hearing them Back before the council for in the comments. I saw council. I'm off it raises hand I do since you've raised the issue of affordable housing, which I applaud but in The zoning includes only what's committed and that we're having a zoning discussion tonight So can you talk to us about what you'd be willing? Excuse me, let me say a different way So I'm a little concerned. We're talking about affordable housing units without any kind of Surety any kind of assurance As might be happened with a proffered commitment No, this is not a proffered commitment. This is we're challenging ourselves. We're doing this totally voluntarily In our letter of intent with the Durham community land trust They are going to come back to you if we do Apartments rental apartments and ask for a change in your ordinance So that the maximum income level would be increased to 80% of the AMI. So there are a lot of pieces that have to be put into place but I've done large Affordable projects before and Had some success and I'm taking this as a personal challenge not as something that anyone's making us do Well, I appreciate that mr. Chapman, but I will as I always say to anybody that's in here for rezoning I'm only concerned with the application itself and the commitments that are proper And but we wanted people to know in advance that we were Intending to do this and I wish you the best for that For the comments questions by the council Recognize councilman shul. Mr. Mayor just quickly. Thank you. I support this development But I did want to mention one thing because this is the the mass grading was mentioned and I know it will be coming up later as well in another case that we're looking at tonight and I just want to ask us mr. Mayor to begin thinking about our our Our tree Removal ordinances and our mass grading ordinances and I just want to put in front of my colleagues We've heard a lot of talk at our coffees with council about the The tree canopy and I think that our I think we need to be looking at our tree grading ordinance Or our mass grading ordinance, so mr. Manager. I just want to urge you all if the administration would consider bringing back to us and Ordinance that might be Looking at some of the other model ordinances around the state in the country and seeing what can do I know it's an interest of yours, and so I just wanted to see just briefly put that on our agenda Thank you very much. Thank you, mr. Mayor. That's that's a good point because I can tell you there's a development Over near my neighborhood on 54 this council approved And they've done mass grading and I've gotten feedback from neighborhoods Further away from there in terms of how the pawn has gotten polluted because of this this runoff and I know we always say that people downstream Can't hold people responsible upstream for what they do, but we really need to try to find some kind of way to Manage that and monitor a lot better than that's occurring now. So I fully support that If there are no further questions, I'm going to close the public hearing now the matter is back for the council to entertain the motion on item It's been property movement second Madam clerk, will you open the vote? I close the vote It passes seven and zero. Thank you very much Item item 20 is the zoning map change hope valley commons business park z15 00023 excuse me Mr. Mayor you all need to get the consistency statement from the last item It's been properly moved in second madam clerk. We open the vote Close the vote Passes seven is zero Move to item 19 conference plan amendment hope valley commons business park a 15 00010 Good evening. I'm laura woods with the planning department And this plan amendment is associated with zoning map change case the z15 00023 the presentation on that case will follow this one The applicant in this case whorebeth associates pa requests An amendment to the future land use map from office to commercial for a four and a half acre site Located in the vicinity of the intersection of north carolina highway 54 in north carolina 751 It is adjacent to an existing shopping center The site is in the suburban tier and is within the falls lake jordan lake b watershed protection overlay The site is currently vacant according to the applicant the Propose the purpose of the amendment from office to commercial Is to support a rezoning to allow a mini storage facility staff recommends approval based on conditions warranting an amendment to the future land use map And the proposed land use pattern meeting the four criteria for plan amendments planning commission recommended approval of this case 11 to 2 On february 9th 2016 based on information provided in the staff report The applicants justification information heard at the public hearing And meeting the meeting the criteria for plan amendments that concludes my report staff will be available to answer your questions Thank you again, this is the public hearing you've heard the staff report. I would ask other questions first by members of the council Uh, if not, uh, this is a public hearing. We have two persons that have signed up to speak We're actually four persons And we'll hear from the proponents first and uh, allow 10 minutes and then we'll hear from the Our proponents are tim Sivers and Do you sound well, we just have two people who sound up twice Tim cybers part of at the associates 16 consultant place Durham, North Carolina. Thank you mayor. Thank you council For the time to speak tonight. I'd like to thank the staff for the the reviews As lower mentioned, this is a four and a half acre site located near the nc 54 751 intersection. It is a wooded site In 2003 and 2005 the site was a development plan came through The council which was approved but nothing was ever constructed on the site At this point we're coming back through with a cg zoning to allow self-storage The proposed commercial land use for this area will expand the existing land use. It'll also provide And It is also a Excuse me The proposed land use is also Consistent with the adjacent land use in the area. Um, we believe that the uh, that this use will fit And i'm available for any questions. Thank you. Are the questions of the developer If not recognize Chris Sonders Thank you for the opportunity to voice my concerns about this project Um This proposal has raised a broader question about overbuilding in the south Durham area of self-storage facilities Oh, sorry, chris sanders 204 sedge moor drive carry north carolina Um, my parents actually live in the hope valley the development, um Let's see there are currently 13 self-storage facilities in south Durham in last two months We've already seen a large ample storage facility open on martin luther king jr. Parkway Two miles north of south point mall as well as another ample storage Resoning which was approved at 5515 highway 55 Just south of the highway 54 and highway 55 intersection There will also be a large expansion At least 100,000 square feet or more at ample storage's garret road location Two and a half miles from this proposed site At hope valley commons um Let's see there is a tremendous amount of storage space coming onto the market In a very short period of time The current proposal of up to four it allows up to 400,000 square feet is of an unprecedented size Uh thousands of units will be added to the market and south Durham will be completely oversaturated Competition is a good thing but on this scale We feel it's more conducive to creating a monopoly As opposed to a competitive environment I would also question whether commingling Moving trucks entering and exiting the shopping center to access the proposed facility Would also Take away from a shopper friendly experience or environment So in conclusion, I would ask that you carefully consider the rapid expansion that's already taking place And uh in this area of south Durham, and if this is uh truly in Durham's best interest And I just thank you all very much for your time Is it anyone else that wants to speak? On this item in the public If not Matt is back before the council and the council may ask questions of the developers are Those in opposition. I'm going to recognize councilman market And councilman davis In that order. Thank you, mr. Mayor. Um, I actually have a question for staff We've heard about the proposed use can you briefly tell us what the allowed use if this reason, um, excuse me In the commercial You know what? I always want to get the rezoning first. I'm going to hold my question till we get to the rezoning. Thanks Recognize councilman davis. Thank you, mr. Mayor. I'd like to ask mr. Sanders about He said on one hand you said the oversaturation of Storage units and then you said there will be a monopoly. So can you tell me what how the monopoly would occur? uh, well particularly ample storage has been Granted several rezonings Recently whether it be Garrett road highway 55 also Correct, correct. That's what I meant recognize councilman market This is one of those times when doing a plan amendment prior to the rezoning to me gets the cart before the horse because Only if we were going to approve the rezoning should we really consider the plan amendment Although Let me withdraw that comment The um, let me just say this. Um, I think that office industrial that um Is the appropriate buffer for the adjoining properties. I can't really see why we would That changed that to commercial And so I'll be voting against it Recognize council Reese. I just wanted to voice my support for the perspective that council and moth have just raised I think when we get to the zoning question, um, I have a lot more to say about the permissible uses under the Zoning that's been proposed by the applicant, but for uh, at this time I agree that the um, that the current use in the um In the in the map is appropriate Oh, there are other questions comments on this item If not, uh, is there anyone else in the public who wants to speak on this item even before against? Uh, let the record reflect no one else has to speak I would clear the public hand to be closed as a matter of fact for the council to entertain a motion on the item It's been property moved in second. Madam clerk. We open the vote Close the vote The motion fails With mayor bail voting no Councilmember johnson voting no Councilmember moffitt voting no Councilmember Reese voting no All right, thank you Move to the next item Item 20 zoning map change. I'm sorry Item 20 zoning map change. Hope all the comments business park z15 00023 Good evening kyle taylor with the planning department Uh zoning case z15 00023 Hope valley commons business park is a request to change the zoning designation of 4.536 acres Located at 7101 in a portion of 7103 west north calinus 751 highway from office institutional with the development plan and commercial center With a development plan to commercial general with a development plan For a proposed use of self-storage. However, this is not committed to on the development plan The development plan associated with this request commits to the following A maximum of 400 000 square feet of building footprint one access point 70 maximum pervious surface 10 tree coverage The developer does not proffer any text commitments at this time Graphically the development plan commits to general location of one side access point location of tree preservation areas and building and parking envelopes and project boundary buffers staff determines that based on the motion that you guys made this come this Um request is not consistent with comprehensive plan and adopted policies Planning commission did recommend approval on february 9th 2016 by a vote of 11 to 2 I'm available for any questions you may have Thank you. Again, it's a public hearing. You've heard the staff report Enterting comments from members of the council recognize councilman moffitt Yes, I'll ask my question now We've heard about proposed use. Can you tell us about allowed uses if this rezoning were to be approved? If this zoning were to be proposed approved The any use that's allowed in the cg district would be allowed on the site Can you give us a few examples? Uh, it's most commercial uses that are allowed by the ordinances. Okay. Um fast food restaurant. Yes. Okay. Thanks Other other questions comments You have a question I'm getting ready to call Mr. Silvers and I have Chris sign this Silvers Yes, thank you, sir. Um councilman moffitt Five minutes Thank you, sir. Um councilman moffitt. I'd just like to respond to your question. Um, well cal said is correct However, this um development plan does not have a traffic study involved with it Therefore it limits the site to 150 peak hour trips. So a restaurant would not meet that requirements There's too many trips at a restaurant. So you will not even be able to to develop a 3000 square foot restaurant on the site So self storage with with the peak hour trip It's you're limiting yourself to the number of trips, which is a very low end use But I would like to follow up with with the Voting of the plan amendment. I would like to ask for a 60-day deferral If the council is willing to grant that We would decide that later. Do you have any more comments on that? Thank you. I'm just available for questions. All right. Thank you we have Chris sanders to the sound speak on this item also signing up that was Really about I meant to speak on both of those items, but Yet the the cgd with the development plan, of course that allows the the self storage as well, but that's all I had to say Are there other persons that want to speak on this item this item being a public hearing item If not, I'm going to close the public hearing and bring the item back to the council Recognize first councilwoman johnson then councilwoman moffitt in that order Thank you. Mr. Mayor. I had a question for mr. Cybers Yeah, yes, let me do this I'm going to keep public hearing open as a part of the comments. Okay. Thank you. Great. Um, so I just wanted to ask why Isn't self storage Committed plan. Um, it seemed you know the intention to build self storage I think that we would feel more comfortable approving it if we knew that it was going to be self storage as opposed to Any of the other allowed commercial uses and so is there a reason that you all chose not to Commit to a self storage in your development plan The original the original reason was because of the limiting trip factor, but I have no problem committing to self storage as a use Ask councilwoman moffitt Yes, thank you. Um, I appreciate I understand the question about Continuing the case for 60 days. Can you tell me what you hope to accomplish if we continue for 60 days And hear it again. Well, I'd like to I'd like to meet with some of the council members and discuss these items further I'd like to also meet with mr. Sanders And discuss some of his concerns One of his concerns he did bring up was that the traffic will be coming through the shopping center the The entrance is actually off of 751 and that entrance is actually on this parcel This parcel is is not landlocked even though it's set back to the back of 751 The property touches 751 by the use of the existing Entrance that's there. So the the main traffic will be using the entrance that's already located on this site So I just wanted to go over that with with with mr. Sanders and clarify that and just discuss any other comments That's it, sir Are there other questions recognize councilman shul? comments Thank you, mr. Mayor I just want to say that I appreciate my colleagues concern about the commitment and I think that if you all would be willing to commit to that That would be great. I actually think this is a good place for self-storage I think you know, whether or not the market demand is there for all of this self-storage I'm not able to judge but I do think that if that commitment was there that that would give everyone a lot of comfort And I understand mr. Sanders your concerns You know, these are competitive concerns and These are competitive business concerns and and and while I recognize them as as important to you and And and valid. I don't think that's what we're here to make a judgment about. So You know, I again if you would if you were willing to proffer that I would be certainly willing to support it Yes, I'm definitely willing to profit that self-storage would be a use Recognize our planet director steven medley the point of clarification mr. cybers. Are you saying it will be the only use or a use? I Not necessarily the only use in case we do want to have some retail shops potentially We would still need to stay under this 150 peak hour trips But I am willing to state that it's the primary use There are other questions comments on this item before I close the public hearing Sorry, may I speak again? Sure My client just said we is willing to proffer that is the only use self-storage will be the only use You have comments No at the appropriate time. I'm happy to Move that we continue it for four cycles so that they can have the meetings they want to have Are there further questions comments? Uh, I guess we continue the public hearing Until four cycles rather than closing the public hearing Is that Is that your intent of your motion councilman? Okay All right But we're talking about reconsidering the previous motion on the plan amendment If I can since council took the prior action on the plan amendment it is Typically consistent to apply the zoning consistent with the plan amendment under law so Staff would recommend that you reconsider Your prior action if you are so inclined to approve a rezoning on this property or or consider it further Could that be done at the future date as well? Could that be done four cycles away if we held this for four cycles? Yeah, you'll you'll have to re-advertise and everything you'll want to You'll want to do that. I mean reconsidering it now Could reconsider it now. Yeah, right You could reconsider and continue it. Yes All right, so what's the motion? Mr. Mayor, I'm um, why is we going to withdraw my motion? Let somebody else try Mr. Mayor if I could jump in there because there's a legal procedure and I haven't brought my legal procedures with me Since I think 2007 or 2008 you're a walking legal procedure But I'm going to give it a shot here So if you're going to reconsider the motion and the second action needs to come from the winning side So one of the four will have to make the motion and one of the four will have to Second the motion to to reconsider and that puts you back to The beginning of item number 19 So I move that we Reconsider our action on item 19 comprehensive plan amendment for hope valley commons business park Is there a second to that? I'm not going to second it. I will point out that we do have a precedent for considering a rezoning After denying a plan application was one of the first cases that I was involved with after I joined the council It was a case that was heard originally by the council before I joined it and In that meeting the plan amendment was denied the The rezoning was not open for consideration and it was held we heard at a later date So I'm happy to leave it like that. I'm not making a second tonight Okay, I'm going to rule that the motion dies for lack of a second We're back to the original In terms of trying to hold the public hearing open for four cycles Is that your motion? Is there a second to that? Is there a second to that? Oh, okay. All right. It's been proper to move the second madam clerk. Will you open the vote and close the vote It passes seven to zero I move to the next item which is Item 21 zoning map change west point 751 revision three Good evening again, kyle taley with the planning department's uh zoning case z 15 000 27 west point at 751 revisions three is a modification of an existing development plan and request to change the zoning designation of 17.36 acres located on southwest quadrant of intersection of nc 751 highway and intersection 40 opposite renaissance parkway from commercial center with a development plan to commercial center with the development plan to allow for office and residential uses on pin 0 7 1 8 dash o 3 dash 1 3 dash 5 2 1 6 also known as building envelope b this development plan associated with this request keeps all commitments as previously approved with zoning cases z 0 8 000 31 and z 12 000 11 with the exception of text commitment number six Has been rewarded to only indicate the building graphic and building envelope a And a new commitment has been added to address the building Graphic and building envelope b these are both associated with uses for those two buildings indicator on this plan Staff does determine this request is consistent with the comprehensive plan and other adaptive policies and ordinances and planning commission Recommended approval on february 9th 2016 by a vote of 13 to 0 Thank you very much. I'm available for any questions Again, this is a public hearing the public hearing is open to ask the questions by members of the council and staff Here and none we have Two people have signed up to speak on this item both our proponents Is it anyone that wants to speak against this item before we move to proponents? If not recognize ken spaulding and john george stanzio Let's take five minutes Good evening. Uh, mr. Mayor members of the council. My name is ken spaulding. I represent the applicant uh west point 751 llc we have Do meet the comprehensive plan we have met with the residents and neighbors Had our neighborhood meeting one person showed up and uh, they were in favor of it I think the neighborhood is very pleased with uh It's our at bone fish aldis grocery store 751 west point uh office building Uh, they've been very good neighbors. We've been very good neighbors We would like to say that uh Staff has recommended approval. Uh, your planning commission recommended approval 13 to 0 We think this provides another additional positive opportunity for that particular development. Thank you George's ways. We've just comments. Uh, is anyone else who wants to speak on this item? This being a public hearing matter Let's reflect on the one else has to speak the matters back before the council. I close the public hearing It's been proper moving second madam clerk. We open the vote Open the vote Close the vote It passes seven is he wrong? Thank you. We'll move to item 20 Consistency statement It's been proper moving second madam clerk. We open the vote Open the vote I'm closed the vote It passes seven is he wrong? Thank you Item 22 street closing acacia street and gress room avenue street closed in 15 0007 and 15 0008 Thank you. Jacob Wiggins with the planning department. Um, this is a request from bernadette chastain to close for 41 1323 square feet of public right-of-way comprising portions of the katia street and gress room avenue The subject side is located to the east of northgate park and the ellaby creek trail Both of these streets are Open and are currently considered paper streets. There is no physical street there The the streets are bordered by four different property owners including the city of durham Um, each property would receive land Along their street frontage to the centerline of the street as seen on the attached street closing plats Which are attachment for in your packet? No issues were raised during the review of this request which included the general services of rural state division and the parks and recreation department If the request is approved miss chastain hopes to construct a single family structure on property owned by Uwin, uh, sonan Um, staff has no issues with the proposal and recommends the closure of these right-of-way and i'm happy to answer any questions the council may have You've heard the staff report are there questions comments on the staff report? Is anyone in the audience who wants to speak on the side of this being a public hearing? Uh, director fleck and i wanted the public asked to speak on the clerk to put me in and be closed as a matter of fact for the council So Properly moving a second. Madam clerk, will you open the vote close the vote? Okay Item 23 conference the plan amendment cornwallis road property 3a 15 0 0 0 0 12 and before you do that I just want to make sure i've got Everyone in his sign to speak on this item Uh, I have four persons that are signed to speak as Proponents of this is anyone else who wants to speak on this item that's a proponent I've got patrick biker law over cash Jim stewart and fran fineberg As anyone else who wants to speak in as a proponent Okay, I have one two three four five six seven eight nine ten I have ten persons that have signed to speak And an opposition to this development. I'm going to call your names. I'm trying to figure out how much time we allocate for this our christin x seigman kathy barrickton Curtis richeson patricia halpin tom struck it saker Gary patillo, I know i miss something names louis carson Raymond weston Karen pruce And ellen piser now. Is anyone else that wants to speak an opposition whose name I didn't mind or let me call Okay Someone in the back an opposition of Okay, all right. Well, let's let's do this We start off giving three minutes each to those who are opposed, which is 33 minutes and likewise we give 33 minutes to the proponents Staff report Good evening. I'm grace smith with the planning department. This plan amendment is associated with the zoning map change case d15 00031 This request includes all or portions of 18 parcels on the south side of west cornwallis road between welcome drive and us 15501 located at 24 17 cornwallis road on the south side of west cornwallis between welcome avenue welcome drive at 15501 I think I just repeated myself and I apologize for that um This site is located in a suburbant here and is not loaded located in a protected watershed The plan amendment request is requesting that the future land use map designation of 6.10 acres of commercial And 4.2 acres of low density residential and 16.24 acres of medium density residential Which is a total of 26.54 acres Be changed to low to medium density residential which would allow for residential development between four and eight willing units per acre Staff recommends approval of this request based on the proposed land use patterns Meeting the four criteria for for plan amendments and the planning commission heard this case on february 9th and Recommended denial with a vote of 10 to 3 And staff is available for questions Thank you. You've heard the staff report. This is a public hearing the public hearing is open. I would ask First of the council are there any questions? If not, we'll proceed with the proponents. They have 30 minutes. We have four people who sign up to speak and I'll let you divide the time Patrick biker law overcash jim stewart and fran feinberg Yeah, we're waiting for the power point to come up mayor Thank you. Good evening, mayor bell. Mayor pro tem col. McFadden members of the city council. My name is patrick biker I live at 2614 stewart drive I'm an attorney with morning star law group in durham Along with my colleague neil gauche. I'm here tonight representing pulty homes for this comprehensive plan amendment With us tonight are our traffic engineer lyle overcash our real estate broker jim stewart of stewart martin and mccoy bob anderson from pulty and fran feinberg one of the longtime property owners who grew up at this location along cornwallis road As you know, this site is near the intersection of 15501 and west cornwallis Just to provide a little context to the west of the area lies the colony park subdivision built in the 1960s 15501 lies directly adjacent to the east of the property And the colony hills townhomes built in the 1980s or to the south Filing to the north upstream is duke forest We very much appreciate the planning department's recommendation of approval And I just have a couple key points to add to the staff presentation First this proposed plan amendment provides exactly the kind of transition That represents good land use planning It's important to note that this property has over 1200 feet of frontage along 15501 bypass a limited access freeway And across the freeway. There are 18 acres designated for industrial development Currently utilized for self storage Directly adjacent to the south as a townhouse community that is designated for six to 12 units per acre Our application for low medium residential at 48 units per acre is the reasonable and appropriate transition From the low density residential to the west the freeway and the industrial to the east and the medium density to the south Second this plan amendment yields a significant decrease in the development intensity On this site before the council this evening our community invested significant resources in 2005 for the creation of our future land use map That future land use map was reviewed by the jccpc the planning commission the city council and the county commissioners Long story short The current land use designations support up to 279 dwelling units on this assemblage The majority of this assemblage over 16 acres is designated for medium density, which is 6 to 12 units per acre Medium density usually means townhouses and garden apartments such as this development in parkwood Which is approximately nine units per acre We are reducing that residential density significantly and moving the removing the commercial designation on over six acres This reduction is important for environmental considerations Which i think you may well hear about from persons here tonight It is vital to note that this area is not within a watershed overlay Since it is more than seven miles north from the edge of jordan lake Accordingly there would be no impervious surface limitation on this assemblage unless a development plan were before the council as is the case tonight As you can see our requested comp land amendment reduces the development potential of this site to 218 units And i'd be remiss if i did not point out our zoning map change next on the agenda requests only 126 new single family homes For all these reasons we respectfully ask for your approval tonight and our next speakers are traffic engineer Lyle overcash Good evening. My name is lyle overcash. I'm managing director with dhp in raleigh, north colina I've been a with vhp for 15 years and a traffic engineer for over 20 years However bachelors science from north coline state university and specialized in transportation And licensed professional engineer in north carolina I worked on many projects in durham most recently a lot of school projects for durham public schools including lucas middle w.piersen creekside and jordan high real briefly you see the in front of you the Excerpt from the staff report that shows the actual decrease in traffic generated by the proposed designation when you're comparing it to the original designation and you also can see by the 4800 the The volume of road it currently on cornwallis road and the current capacity, which is 12,700 Based on the city's numbers based on my professional Experience i do not see any congestion or safety issues arising from the proposed development before council this evening This plan amendment actually yields a reduction in trip generation And there is no change in overall level of service for any intersections in the study area I'll be happy to answer any questions you may have Thank you So Good evening. Mayor bell. Uh mayor pro tem co. McFadden members of council My name is jim stewart and I reside at 22 27 parkside drive here in durham I was born in durham have been a lifelong resident of this great city I've been an active member of the durham real estate community for over 25 years And has been my privilege to be a real estate advisor to the owners of this Land for over six years I'd just like to cite two recent articles in the media The first is Was in the economist in march 12th. It talked about durham It says durham is the focus of an article in the march 12th issue And it talked about success durham has experienced In part due to investment in infrastructure. They even discussed the light rail project that's being proposed I would contrast that article With an article in the march 29th edition of the news and observer Was discussed the growing housing shortage across the triangle region It is evident that durham needs more inventory of single family housing Both affordable and non In my professional opinion, what is before council tonight? Represents the highest and best use of this property and I ask you to agree With the decision of our planning department. Thank you Good evening mayor council and citizens My name is francis feinberg francis marley feinberg I reside at 1410 northeast 103rd street miami shores florida My extended family owns this property that is in this proposal It's where I grew up I remember riding horses on the farm next door and playing in the woods I also remember when our neighbors sold their land so that collie park subdivision could be built We were sad to see our neighbors go But we did not protest the development I love this city Durham has meant so much to me and to my family It's a great place evidenced by all the people That are moving here That is why my father chose to start the book exchange here in downtown durham My family operated the book exchange for over 75 years Before we had to close in 2009 due to the recession and other issues I'm glad to see that things are picking up here in durham But taxes have really gone up It is difficult to maintain vacant land Which is basically what we have With the tax Revaluation which I just got a couple months ago When and and I see that this this tax increase is really 54 percent That increase is just in untenable for vacant land We want to see a new neighborhood that will welcome the next generation of home buyers to durham It's a great place to live. It's a great place to raise your family We hope it will be for many more families I hope you support this petition and I thank all of you for giving me the chance to speak Mayor bell unless the council has any questions will reserve the remainder of our time for a bottle. Thank you I would just comment that the last slide that you put up in terms of the Parcel increase is not a tax increase is valuation valuation. Yes, sir. Yes, sir Doesn't necessarily translate to yeah, we hope the tax rate goes down. We're hoping and praying the tax rate goes down We're hoping I'm going to go up 51 to 17 Haven't haven't said that I'm going to recognize persons who have signed up to speak in opposition to this And I'm going to call your name if you can come to the podium to my right And uh each have three minutes Christina Sigmund Sigmund Kathy Barretton Curtis Richardson Patricia Halpin Tom Struts-Saker Gary Petillo Louis Carson Raymond Weston Karen Truce and Ellen Pitzer And the gentleman back there if you can get a yellow card and sign up please come behind it and as you As you come to speak if you again just pronounce your name and your address And the clock is in front of you in terms of the time Hey, my name is Christina Sigmund. Um, good evening 2910 Friendship Road I represent the views of all but a handful of the 120 homeowners in the colony park subdivision Which is next to the development that we're talking about for the potential development I'd like to take a moment Since we've got a big house here to Ask those with concerns about this potential amendment and rezoning to raise your hand I was going to say stand but people are already standing Thank you Before I start I'd like to make it clear that colony park recognizes that the use of this land will change However, we feel a new development should be compatible with the surrounding area and represent an asset to Durham The problem is not this site, but the plan for it Colony park met multiple times with pulty homes and asked for specific commitments, but they were not adequately addressed Here we go Here's how this development would fit into the surrounding area, which is largely wooded Nearly a third of the property is in the flood plain of sandy creek compressing the area that can be developed This plan includes a 30 foot buffer with the con with colony park It's too small when adjoining a row of two-story homes space 10 feet apart with backyards Not much deeper than this room probably not even as deep as this room at 20 to 30 feet The draft site plan shows that the density of the portion Well, thank you of the development Adjoining colony park would be more than twice the overall proposed density of 4.1 homes per acre at 8 to 10 homes per acre There would be two to five homes adjoining each colony park lot at the boundary The draft site the in the future land use map Which is shown here the section of land beside colony park is planned as very low density development to provide a transition A density of 8 to 10 homes per acre at the boundary does not provide this reasonable transition We were directed to a poultry development in charlotte as an example of what is proposed In these slides The development is shown on the left and colony park on the right This design is not consistent with any of the adjoining areas And I do not know of one resident along the full length of try and road that is satisfied with the proposed buffer and transition Or the effect of this transition on their property values The proposed development includes up to 70 percent in pervious surface area and clear cutting This is the tree coverage now And this is This area in white is where it will be clear cut The plan described to us by poultry is to create constructed wetlands in the flood plain and even more clear cutting will be needed in the process They will clear cut 88 percent of the entire area or maybe 75 to 80 percent if there were no clear cutting Thank you Sure, you can see we have a flooding problem Kathy bariton and I will need a little help Getting out of this and into you can just minimize this Thank you Good evening I'm dr. Kathy bariton and applied environmental scientist with experience in land use planning and storm water management Recently retired from incy state university. I live at 1708 woodburn road As proposed this development will produce significant negative water quality impacts to sandy creek Thereby increasing state mandate mitigation costs for the city of Durham Two elements of the plan will have most negative storm water impacts These are the soil destroying clear cut and mass grading Site preparation and the siting of storm water detention features within the sandy creek flood plain Soil preservation is particularly important on Durham's clay soils Clear cutting and mass grading reduce imperviousness till near zero Increasing flood hazard and pollutant loads It takes decades for soils to regenerate sufficiently for effective storm water infiltration and pollution removal Durham's udo emphasizes the need quote to preserve and maintain the natural flood plain in an undisturbed vegetated state Unquote well designed constructed wetlands can be an excellent storm water management practice But should not replace well established flood plain forest In fact, most of the point of such constructed storm water features is keeping water out of the channels in the flood plains The city of Durham recognizes that pollution prevention is much cheaper than pollution Remediation and is actively promoting low impact development storm water management practices As a cost effective way to meet state required improvements in water quality Entering falls and jordan lakes The importance of this is demonstrated by your october approval of one million dollars For a storm water wetland at the duke diet and fitness center The proposed development is just downstream of duke's five million dollar project to improve water quality in sandy creek A professor kurt richerson will be speaking on that i assume Pote homes could greatly reduce negative storm water impacts through low impact development practices Such as leaving patches of undisturbed forest and strategic areas and adding storm water infiltration features and drainages in along roads Durham's existing ordinances are permissive Of such practices but do not require them So we cannot assume that the development review process will ensure adequate storm water management The city's minimum requirements in code outdated science shown 20 years ago to actually increase flood hazard and pollution 20 year old development practices do not meet Durham's current needs The planning commission in recommending against this plan noted that the city can negotiate with developers To get commitments on details of site design and storm water management before granting rezoning requests This is a reasonable middle ground approach that is permissive Of new development while also meeting Durham's needs and limiting transfer of cleanup costs to track to taxpayers Therefore, I strongly recommend that you not grant this rezoning request Unless and until pote homes presents a detailed storm water management plan That includes low impact development practices. Thank you Kurt Um, good evening mayor bell and city manager bonfield and the council. Um, i'm kurt richardson I live at 7 17 anderson street in Durham, north carolina I'm a fresher to duke and i'm also director of the duke university wetland center I believe I passed out a little letter that I wrote to the council and the pictures So since 1999 i've been working on restoring both streams and wetlands in the sandy creek watershed We've we've done about 20 acres Of wetland restoration and about 10 000 plus feet of stream That has resulted in about 500 tons per year of sediment reduction 64 of nitrogen and 30 of phosphorus from 1200 acres of Durham and 240 acres at duke All at a cost of about five to six million dollars five million from the clean water management trust About a million dollars from duke sandy creek is on the 303 D list for water quality and feeds directly into the jordan reservoir So recently I visited this site. I'm actually with my class. I do restoration I use the students as sort of my legs and arms on this And actually when I look at this site, it has an amazing Forest already on it's a really a wonderful site And also has going by a say part of sandy creek that was Basically ditched by the core of engineers This site when you look at it in terms of restoration or development It has potential for fantastic Restoration and connections with some of the existing forests and trails, but it also has some development potential However, if you really look at this pulty aspect, which I've looked at the plan 70 roughly even pervious surface This would degrade the water quality was mentioned It would negate a lot of the work that's been done upstream that is basically helping the city of Durham on its water quality And also I'm greatly concerned says my specialty for the last 35 years is wetlands is The proposal to put two small wetlands in the bottom area to treat this water Is a little bit naive because if you look at what's there now and those two pictures I have attached to that you'll see the flooding in december 30th There were house if you look in the background there's water up to the houses That beautiful flood plain now has to have some stream restoration That flooding is a pretty dramatic problem and it's filled with sediment and nutrients Two small wetland areas if you cut down all the trees will make this a far worse situation to say the least so Something could be done with this property, but not high density development to make more runoff and more problems So with that I would say that this has this project has to have some rethinking And it has to have some changes Otherwise, I think the city is going to suffer in the long term when it has to face the jordan rules. Thank you Patrick halpin Yes, patrick halpin not patricia Live at 1623 shawnee street I'm a faculty member at the nicolas school of the environment and i'm the member of the duke forest advisory committee Duke forest has been one of the longest standing research forest in the country and has been actively managing land since 1931 Duke forest maintains around 7 000 acres of land primarily in dorham and orange counties for the purpose of environmental science research These lands also provide a wide range of ecosystem services including wildlife habitat Watershed protection noise reduction urban heat island reduction and significant green space and recreational benefits to our community The duke forest advisory committee advises the managers of duke forest and the duke university administration on forest land management decisions Duke forest is one is one of the directly neighboring properties in this case The parcel of duke forest directly adjacent to the proposed development covers 907 907 acres of forest land that represents one of the closest parcels of forest in the city of dorham Also to the main campus of the university and specifically acts as the forest buffer to the duke university lemur center This parcel combined with other portions of the dorham division of duke forest Provides approximately two miles of contiguous forest corridor north of the project proposed along the western edge of 15501 south At present this undeveloped forest corridor continues south through the proposed project area Eventually joining up to the 100 acre sandy creek park The proposed development places a high concentration of housing units And a loss of standing tree cover and and proposed 70 impervious surface area directly breaking this long established natural forest corridor The adjacent duke forest land is identified in the future land use map as recreation and open space land The planning policy 2.3.1a specifically calls for gradual and orderly transitions between land use densities However, the planning department assessment of this rezoning request appears to only directly assess West to east transitions between the existing single family property and colony park eastward through the proposed parcels Previously in the proponents presentation. They showed a map that showed an arrow going west to east It did not consider the open space area going north to south And so this abrupt transition between the undeveloped recreation open space land to the north of the proposed development An additional recreation open space lands to the south has not been directly or adequately addressed in this process It's our opinion that placing the proposed development between two areas of recreation open space land use in the north south direction does not Represent a gradual and orderly transition as stipulated by planning policy 2.3.1a This ongoing fragmentation through abrupt transitions to incompatible land uses degrades our ability to defend the values of these lands as research forest and open space We've been maintaining our undeveloped forest since 1931 Encroaching development of this type threatened our ability to maintain the long-term natural and social benefits of this forest management To the Durham community into the future. Thank you My name is tom streusaker Thank you I live at 29 53 welcome drive I am a retired biologist with more than 50 years of experience Conducting ecological studies. I sent a letter to all of you explaining the many reasons this amendment and rezoning should be rejected Some of the most important reasons concern the environment The properties being considered are ecologically sensitive and inappropriate for the kind of development being proposed For example, 25 percent of the land is in a flood plain and flood fringe where no no disturbance should be allowed Furthermore, there's a 50 foot drop between the highest and lowest points to be developed My understanding is that the developers wish to level this land Moving this much soil around is certainly going to cause profound ecological impacts And finally the the property border sandy creek Any additional pollution as we've heard will threaten the All the five million dollar efforts of duke university upstream Clear cutting 87 to 90 percent of this land will remove thousands of trees Something on the order of between 3000 and 7000 trees including many in the flood plain and flood fringe Not only will this have a negative impact on these and neighboring properties But it runs contrary to durham's tree planting goals As you know trees have many benefits They act as a sponge taking up water thereby reducing storm water runoff and flooding An acre of forest can absorb between two and four million gallons of water in a seven month growing period Just imagine the impact of clear cutting 35 acres of forest You also know that trees are important for natural air cleaners Removing major greenhouse gases and filtering out particulate matter that cause serious health problems The clear cut and mass grading proposed in this project are contrary to many of durham's excellent planting policies One of the most important of these policies is is the lid low impact development This is not a low impact development project I'm not opposed to all types of development, but I am arguing against development that uses clear cutting and mass grading Low impact development that retains as many mature trees as possible and fits into the existing landscape will benefit all of us I'm urging you to implement the policies of your durham's udo and comprehensive plan Durham and your constituents deserve a much better kind of development than this Please reject this amendment and rezoning proposal. Thank you Good evening mayor bell and council members My name is lewis carson. My address is 25 10 linear place in durham Before I retired last year. I was an associate director in the office of institutional research on planning at north carolina state university I am very concerned about the traffic problems that will result if this rezoning proposal is approved The proposed development is situated at a major 15501 bypass intersection The intersection has four short ramps This is the only intersection on two-lane cornwallis road that provides access to the 15501 bypass Therefore i40 and the freeway as well We contend that this site is inadequate to support the desired density The city planning department projected an increase of 1299 daily trips resulting from this development Measured traffic by ncdot in 2013 put the specific section of cornwallis road at 4800 daily trips Add the two together. You get over 6000 daily trips from this development And other traffic My first concern is that the additional daily trips will increase the hazards at the 15501 ramps and stoplights The short ramps are hazardous at times now and the increased traffic will make that worse During our neighborhood conducted traffic study We observe that traffic going east on cornwallis road in the morning Peak hours stopped at the traffic light often backs up to the first proposed development entrance And sometimes could reach the second entrance These congested entrances would be used by more than 250 additional vehicles at peak hours from this development The proposed development includes turn lanes at the two entrances Based on observation of stop traffic at peak hours The turn lanes would be inadequate to handle traffic when they are blocked by backed up traffic My second concerns for the safety of school buses and fire engines The public schools of dorham have 19 daily buses on this stretch of road The fire department recorded an average of 120 calls per month to one or both of the fire engines at station number 11 They would both be using this short stretch of road My third concern is for the safety of vehicles using woodburn road and other parts of duke forest The peak hour rushes currently produce an extra traffic cutting through woodburn to get to academy road The intersection of woodburn and cornwallis is at the top of a hill with limited visibility and no left turn lanes That's another increased hazard Based on our experience study and research We contend that the site for the proposed development does not meet the policy objective of the udo in that traffic safety Would be jeopardized. This is not the right development for this site Please reject this rezoning request. Thank you Before you begin. I had a gary patolo Okay, so I can stretch your name Good evening mayor bell city council members My name is ellen paiser and I live in colony park at 2506 try on road with my husband and young sons Our house is situated on three quarters of an acre if the proposed development is approved My backyard would face five housing units While this is daunting and would be a drastic change from our current wooded view This is not what disturbs me most about pulty's current proposal What is most upsetting besides the significant environmental impacts already mentioned Is how incongruous this development is to the surrounding neighborhoods that all border duke forest This area is such a special unique part of durham It deserves to be developed thoughtfully with a low density impact to be in harmony with the existing houses forest and wildlife That is already here I grew up in raleigh and my husband and charlotte. We very consciously chose to live in durham because of the values we feel this city represents I believe durham can be a model city that differentiates itself from others by consciously expanding Of holding the use of its comprehensive plan Not becoming a mishmash of disorganized development that reflects the best interests of developers rather than its residents Please consider voting against the amendment and the rezoning of this area And at the very least consider making specific contingencies that would protect the already existing community and wetlands colony park has been Successful in our efforts to negotiate with pulty and to have them accommodate our current concerns Request to adapt their design to be responsible and consider it particularly in regard to transitioning neighborhoods and the grave stormwater flooding issues have been ignored I want to believe that the voice of durham citizens matter We are now unable to petition against this kind of development I look to durham's leaders to be our safeguard Durham needs more housing. It needs more affordable housing It also needs to be considered of its residents already living here I believe this is the purpose of durham's comprehensive plan We already have standards set in place to protect the land and its residents so our city can grow and develop responsibly I am looking to you and urge you city council to uphold these standards. Thank you for your time and consideration Good evening. My name is Karen proofs and I live at 2510 linear place When the applicant originally requested rezoning of this site The neighborhood exercised its right to follow protest petition This would have required a super majority of the council to approve the rezoning The applicant then withdrew its application after the planning commission denied the The rezoning And the applicant then resmitted its application But in the intervening time The North Carolina legislature took away our right to protest petition So our only recourse is our voices here tonight And our presence here tonight So in your deliberations about the benefits and risks of this proposed development Please keep in mind that if approved The applicant will take its profit and move on to other projects and other states The majority landowner will return to florida But the citizens of the affected neighborhood Will bear the brunt and the cost Of the immediate consequences consequences of this density of development at this particular In close proximity to the 15501 bypass intersection And all the citizens will bear the consequences of environmental degradation And the cost of downstream pollution And any cost of road improvements that may be required We ask you then to carefully consider our voices And the number that are present here tonight And consider rejecting this proposal for this particular site. Thank you Good evening. Mayor bell council members citizens My name is Raymond Weston. I live at 2518 trial and road in calling the woods calling the park I served for 20 years in the united states air force I'm asking you to reject this proposal for rezoning in the development I think that the development and rezoning being proposed by puti Does not fit in with our neighborhood And that it will have a negative effect on the attractiveness of my property And probably is value too This is very important to me because I am retired and have limited income Did you live in an established community Where each home is unique Has a personality of its own and is located on a beautiful manicure lawn Where blooming colorful flowers with mature trees blowing in the wind Decorating your yard. That is the neighborhood that I live in A neighborhood that brings a big smile to your face With a sense of warmth belonging and accomplishment But more importantly a great sense of security and pride Think of a cooking cutter homes no more than 10 feet apart On a tenth of an acre invading your beautiful neighborhood Now let me ask each of you this question What would you do if this was your neighborhood? Please preserve our community and reject this proposal Proposal rather for rezoning and development. Thank you Good evening. My name is andrew woods. I am a resident of 24 17 west cornwallis road The property that's in question tonight I have been a resident of that house for the past four years While i've been in divinity school adieu. I'm now united methodist minister here in the Durham area And I am someone who is dedicated to the preservation of ecologically significant areas I recognize that my residency within this location might be seen as a Conflict of interest, but I want to advise that this is something that we Caution you against rezoning this property As a christian, I am taught that everything we see is connected to us Green space in an urban environment is beneficial not only to the health of the local flora and fauna But to the health of the city as well As you've already heard by people who are more eloquent and know more about this than I am I do Our green spaces provide a habitat for a variety of animals As well as helping our environment with soil erosion and our flood areas The property in question on cornwallis road provides an important space of habitat for pollinating animals and plants The water system it occupies benefits from stronger filtration and less pollutants because of this natural space While my allergy prone knows might Disagree with this statement the air you and I breathe each day is dependent upon the animals and the plants That occupy this space currently Someone said earlier that this is a vacant space and it is not a vacant space right now As a minister I find it theologically significant to our relationship with the natural world It is my duty to teach that this space of land we occupy is not our own We are all to be stewards of all that we are given As the stewards of this community I urge you to see the value of this property not in the space of housing it might provide But in the benefits it already provides to the community, which will be lost if not protected Most importantly green spaces remind us that as humans we are part of a vast system called nature Every decision we make impacts not only our non-human partners on our earth, but it also impacts us directly I as a pastor I am reminded daily that my well-being is dependent upon the well-being of those around me As a member of the Durham community I'm compelled to remind us of those who have no voice and are not able to be here tonight because they're not human as a student Sometimes I wonder whether my kidney might be more beneficial to me being sold on the black market But just because I can't see the work that my kidney does does not mean that it is unimportant The same is true about this space It is more important to Durham as it is than it would be as a space of housing I'm not without heart for those who need better housing But we have houses in Durham that are empty We should look first as a community to how we can be better stewards Of the housing that we have now than to seek to destroy that space which is already housing our non-human community This space is Durham's kidney it filters pollutants and it provides An integral part of the ecosystem of our area My name is Andrew Woods and I ask you to not rezone this property. Thank you for your time That concludes all the persons who have signed up to speak and Opposition to this item. Uh, the proponents now have how much time do they have? How much You'll to the proponents Let me before you do that are the questions by members of the council before proponents come back up If not, you recognize Patrick Becker You mean again, mayor bell members of the city council. I would like to Certainly emphasize that we view this proposal as good environmental stewardship And a number of these issues that were brought up by the citizens tonight in opposition are more appropriately addressed At the zoning map change public hearing that is next on your agenda Having said that I do want to take issue with a few points One of them was the assertion that it's been 20 years since Durham updated its stormwater ordinances. That's certainly not my experience We have been very proactive in adopting strict stormwater ordinances that are Tough but fair and appropriate Given the location of Durham in not one but two watershed basins Accordingly our stormwater ordinances are to my knowledge the toughest in the state And the development community Including poultry homes is ready to comply with them with this proposal So I do not want to have the council labor under a mis apprehension that perhaps there is something wrong with Durham's ordinances. I for one do not believe that I would also like to raise an issue with a letter that was I believe distributed to the city council and I believe it may have been also distributed to the It was also distributed to the planning commission from Curtis Richardson I met with fail win the vice president of durham and regional affairs And to the extent that letter is on duke letterhead it should not be construed as an official position of duke university Now to address the stormwater issues in more detail is our site engineer mr. Jared edens And then we will also address the traffic issues and the property valuation issues by lile overcash and jim stewart respectively. Thank you Evening mayor city council Jared edens with edens landcorp I've been an engineer in north carolina for about 19 years licensed engineer a vast majority of my experience has been in durham last 15 16 years Almost solely in durham my firms based in durham Very familiar with durham and the stormwater requirements in durham I was jotting some notes down Just to discuss some of the issues brought forward by the neighbors There's been a lot of talk about the cost of durham cost of durham. Well Any any retrofit cost to the city of durham for stormwater is just that it's it's retrofit cost. It's cost For existing developments that don't have stormwater controls in place now All the existing communities around this property They don't have stormwater ponds constructed wetlands wet ponds. There aren't stormwater controls So any cost that durham's incurring or will incur is to help clean up sandy creek due to projects over Constructed without stormwater controls This new project Will have to comply to durham stormwater ordinance, which is very strict. You know, we work in Raleigh carrier. He's having office at the coast. We worked all over Durham is known as a very strict place tough place to work stormwater wise New projects are not the issue New projects have to install stormwater ponds to meet the ordinance New projects have to detain a minimum have to remove 85 total suspended solids From the impervious areas new projects had to reduce nitrogen And phosphorus runoff existing projects did not have to do that, which is why we're in the position we are today There's been some discussion of low impact development Shoulder and ditch Water quality swells things like that As a licensed engineer in this state very familiar with the dean or design manual and what credits are given for what different Devices simply installing a road with a shoulder and ditch does not meet the stormwater ordinance. It doesn't come close It doesn't remove the 85 suspended solids. It doesn't remove the nitrogen and phosphorus. It's a nice thought on paper When you actually read the rules read the stormwater ordinance go through the udo It doesn't do the trick. You would still have to do stormwater ponds on top of it um another one a thing I want to mention there was some mention of Disturbing wetlands and and I know people people get the feeling that if there's floodplain on the side There's out of Mac with a lot of wetlands on the side jurisdiction of wetlands Well, we paid a professional consultant who does this for a living who had the core out on the property Who confirmed their findings? There's only one tenth of an acre of wetlands jurisdiction wetlands on the entire property Over the 40 plus acres one tenth of an acre of wetlands And the last thing I want to point out again, and it's just reemphasizing what Patrick mentioned earlier We're not in a watershed here. We're not in a primary. We're not in a secondary Um, we've had many projects approved here and during much closer to jordan lake than this project That had the same had to meet the same stormwater ordinance that we're meeting with this one So again, I'd be glad to answer any questions you have. I appreciate your time Good evening again lauver cash with vhp. I think the gentleman had a couple comments concerning traffic We're looking at daily traffic volumes We don't add the entire volume to one point traffic comes out of the development And it will head in two different directions. We estimated based on our counts We did 13 hours of counts at each intersection our study area from welcome drive including the interchange ramps We estimated a 60 40 split so about 60 heading towards the interchange We equates about 750 to 800 vehicles per day So if you add that to the 4800 then you would result about 5500 which is still less than half the of the traffic capacity of the road So it's still well under You did correctly identify the worst intersection that we found was in the amp power at the southbound ramps It was a level service c And the rest were b's and a's in the study area Which is a do a lot of work in Durham. It's kind of unusual But compared to background conditions and to build conditions the development will only add an average of two seconds of delay on on I don't write the software. I just I just use it. So That's all I have Again jim stewart 22 27 parks. I drive here in Durham. I rise to speak to the uh question of property values I know that's concerned that this project will decrease property values in the neighborhood. We've done some analysis of The properties that would border the western boundary of this project And there's an average of 294,888 dollars is the uh, there's a current tax value of those homes that will border this project The average price of the home sale proposed by polter will be $330,000 and above And it's of the type of house that is very popular with people moving to the area The large lot types of subdivision are very much Desirable by some and certainly the people that occupy those homes are very Very happy with those homes, but the the new proposals have to fit Current marketing proposals and and that's the design of the homes that will be there But again, the the property values will be in excess of 330 thousand dollars that what will be sold in this in this property Thank you Mayor bell mayor pro tem colman fatten members of council just to wrap up Again a number of these issues such as the impervious surface limitation the buffer between The proposed new neighborhood and colony park And other issues can be addressed at the zoning map change public hearing next on your Agenda and so we are open certainly ready willing and able to address those issues and we think Make this a strong development. I want to keep in mind what the staff report showed Which is a dramatic decrease in the development intensity of this property before the council tonight We are asking you to remove a commercial designation on over six acres We are asking you to Look at a development plan that will restrict impervious surface where this is an area of Durham that has no impervious surface limitations and so Looking at all those issues we again Appreciate the staff recommendation for approval and respectfully ask you to do just that Again, if you have any other questions, we'll be happy to answer them. Thank you Well, are there questions members of council recognize council or davis? Thank you, mayor bell I guess i'm i'm trying to weigh the comments that the proponents have put forth in terms of being the Threat to sandy creek and to jordan reservoirs That that threat is at least seven miles away And you say that there are provisions that the new developments the stormwater Controls that you would put forth would that do you in your mind? I guess outweigh the Items that have been put forth by lots of these people who have been who are environmental Experts, even if they own The wrong letter here, correct. Um, yes, sir The the comments that they've made how do you balance what you are saying would be the actual controls that would prevent what they are saying Yes, I can answer that at one level and then our our site engineer mr. Edens can go into any specifics on that but I would ask the council to reflect on the fact that New development is not really the problem with Water quality issues The problem we have with water quality issues is all the existing developments So if you think of this part of town, if you think of where the tj max is the All the development along Garrett road all the development at new hope commons There is just an awful lot of asphalt that was developed in the 60s 70s 80s even the colony Colony woods development. There are no stormwater controls whatsoever And so what happens is if a car goes to My wife shops at tj max a lot If a car goes there and transmission fluid or oil leaks out the rain comes down it goes straight into the New Hope creek and into jordan lake because that was an older development and it's never been retrofit these new developments have literally state of the art Stormwater controls mr. Edens referred to them and and again if you want more detail on i'm sure you'd be happy to give it to you but the problem is not the New development the problem is the existing development and therefore we would take issue with the characterization that This development which again is is we're treating it as though it's in the watershed by saying it's only going to have 70 Percent impervious surface we could go lower than that But we're treating it as though it is in the watershed basin even though as you referenced it's quite a few miles outside of the watershed overlay And so I hope that answers your question if it doesn't and you need more specifics then Mr. Edens would be happy to provide that and I guess I'd like to follow up by asking if you um, if poultry homes or any of you all involved would be willing to Sign or be responsible for any litigation that might come from the failure of the Stormwater controls that you all are proposing well The city attorney is very familiar with this But those facilities have to be bonded by the developer and then by the homeowners association So that provides the city with the surety necessary In perpetuity is that correct mr. Baker for the stormwater facilities to be Operating as they are designed to operate Yes, mr. Davis and Just to add some more information on what patch up is talking about You also have annual inspections every year that had to be performed By a license engineer We do a lot of work in Durham. Sorry Durham has changed the stormwater and warden at several times over the years It seems like every time it changes it gets more strict than it was before That's just sort of the way it is As an engineer a pro development kind of guy I often frown at new when new rules come out, but we had to meet the new rules and And that's how it works, but When when we design a project in my office, I've got a small staff. I've got 20 people Every the every project that we do Is focused on stormwater that the stormwater design on the project drives the design Where does the water go? How do you treat the water? How do you meet the code and everything else just sort of evolves around that You start at your low points you get your devices in place and you work backwards from there And in Durham, it's not just the design of the facility You don't just I don't design it at site plan. I don't pull a permit and walk away and say, all right We're out. That's not how it works You design it you permit it You build it you inspect it not just by me We have to hire a geotechnical engineer to inspect the dam of the facility To do compaction tests on the dam to make sure that it's never going to fail I have to be out there. I've got to take photos. I've got to document it at the very end of the project I have to submit what we call an as-built plan I say, okay, this is why I designed a year ago Here's what I built. I have to prove to staff all over again that what was built actually matches what was designed And if it doesn't match they won't close out the project They hold co's they'll hold building permits And you have to at the end of the day you have to build What you say you're going to build and it has the function the way it's supposed to function Or you can't ever finish your project. So I just want to let you know it's a very strict process The majority of my staff's time in design is dealing with storm water And I hope that gives you some comfort that when we say we will meet the rules It's not just wham-bam and we're out. It's it's a long process and it's a lot of rules. Thank you Good. Thank you, ma'am Reckon House counsel Moffitt Mr. Medlin and I'm aware that a lot of what we've been talking about listening to so far has Are really more related to the zoning And I wonder if you could just take a moment and say look these are the issues you should focus on for a plan amendment Bring us back to the plan amendment if you will sure Um For the for the counsel's benefit a plan amendment is simply an amendment to the future land use map of the conference of plan That establishes a broad land use category For each property within Durham Obviously in this case the applicant is requesting to modify that broad land use designation from its current commercial and low density residential designations to To allow for low medium density residential densities to potentially be Allowed at this site the plan amendment does not give any rights whatsoever It does not establish zoning that comes through the subsequent action that will come before counsel next At this point you should be looking at it from for lack of a better description of 50,000 foot level Saying is this an appropriate density of land use or appropriate land use in general that should be on this piece of property Is this the you know that simple Thank you I want to comment that A number of the I'm totally sympathetic to the concerns I've heard tonight um but they relate to Duke's the importance to duke Of the property the importance to the adjoining neighbors of the property and A lot of the comments on all of them and so I think it's really important to understand that um If If those are the major concerns then that Like duke has an enormous endowment And if this is important to downstream properties of duke Then I would want to see duke step up um Because the person who shouldn't bear the cost of keeping the property the way it is or of Of the benefits that accrue to the neighbors or to duke the person who shouldn't bear that cost is the current landowner um That said I want to say that um, first of all, we're out of easy development property in durham everything that we have now is going to be problematic and This site in particular is located adjacent to 15501 So if they're if the their traffic engine I heard last year if their traffic engineer is wrong um The area that's Impacted is much smaller than if this site was some distance from 15501 It's also located in proximity to employment centers Which is important because we want to keep people from driving as much as we can um So I do think that this property is not Uh, it's not appropriate for there to be commercial on any part of this property And I do think that the requested plan amendment is appropriate giving its location and I understand the comment about um, the transitions north to south versus east to west but um Again, those kind of go to the benefits that accrue largely to Duke To and particularly the duke in that case so I don't Let's maintain a little order, please if you don't mind So and I will point out that I have Respectfully listened to every person who spoke and I would only ask the same So, um, I will also caution you not to be I have seen people get up and leave after the plan amendment. There are two cases tonight And the plan amendment has to do with the future use not um any as As the planning director said not any rights on the property as it currently exists So, um, I do support the plan amendment and we'll Talk more about the rezoning when we get to that Thank you, mr. Mayor You're welcome. Other other questions. I have a question of the developers Uh, if you look at the proposed Change map future land next map proposed can can you tell me why? um, you Took out the low density residential As a part of your overall plan map It was to make the overall aggregate unit count come to 4.1 The overall density come to 4.131 Mayor bell Which yields 126 dwelling units on on the assemblage the Ironing perhaps of this proposal is that the council recently adopted changes to stream buffer calculations and if we were applying for this Comprehensive plan amendment today we would actually be coming in at Jared, I think he said it was 3.8 So it actually would be between zero and four on that so it was to Allow for a density of 4.131 and 126 dwelling units as is We'll be presented in the next case Mayor bell I say something just wanted to clarify mr. Biker's comment We have not modified the unified development ordinance at this point state law Basically was changed with the most recent session law, which would yeah, I know the council was update I know I understand the council was updated on it. I apologize for the For that, but I remember I understand the council heard about that change Council shielded you upcoming No, you can go ahead and speak to that. I just wanted to ask further about the Low density Residential patrick at the western end So, you know one of the concerns of the neighbors is this area, yes, sir and The The we've heard a lot about transitions tonight and I have some thoughts about those but At this point Why not Leave that low density residential as a transition area Well, unfortunately councilmember schoole that parcel while it does not really have Much of any frontage on cornwallis road As it as it As the parcels boundary lines go from north to south it encompasses quite a bit of the property So I apologize it on the staff report in front of me, but it if that acreage were Not allowed in this it would again Have an adverse effect on the project and which again translates into The ability of the project to support affordable housing to support the turn lanes that mr. Overcash referred to and these other issues that are benefits that will be addressed at the zoning map change stage It it simply wasn't feasible From looking at this as a as a holistic development to exclude that because it was a relatively large parcel There are 18 parcels in the assemblage and it was one of the larger ones So you would have been taking out a significant amount of the development and again if you look at the zoning map change application It's only for pdr 4.131. So it's only only 0.131 above the four units per acre Can I ask councilmember moffitt not come back? I'm sorry My math is failing me at this hour, but if if this little strip was left at the at the lower density And the the plan amendment would question us four to eight units per acre So you could Yeah, right theoretically go all the way up to eight units per acre and still be fine. So that's true Twice you've now said that this was needed in order to be able to plan the project the number of units But I can't see how that no, I see your point, but it's If you took out that parcel to the left that's designated for zero to four Again with the new stream buffer stands. It would have been a moot point But uh, if you took out that acreage It would have it would have knocked the rest of it probably below given that our Request is for 4.131. It would have knocked that below I don't think it would have been able to attain four units per acre if that were left at four A lot of questions come up, doesn't it? I can that that Guess trolls me some with the proposed amendment and I Simplifies with the transition that the Neighborhood is speaking about and it seems to me that allows a type of transition Had you left that low density knee rather than Stepping it up to the medium density So that that I see your point mayor and I wish those stream buffer standards had changed a little bit earlier But we can't change the past Okay, let me ask are there other questions comments on this item If not, I'm going to close close close public hand. I'm just asking for comments from If the developer Someone asked must ask to develop or something someone to ask the people opposition something otherwise I'm going to close because we've given we've given adequate time to both sides So unless someone raises a question from the council I'm going to bring them out of back before before the uh Ma'am, I appreciate that Everything's on the record Are there other comments by members of the council's questions? If not, I'm going to close the public hearing matters back before the council on this item And I guess I'm looking for some direction relative to the council If you fail to do that, I don't normally make motions, but Here and then I'm going to call the question this item and The proposal is to Make the change Is there a second to that? There's no second to it. Nobody's making any comments at all I'm going to propose the plan commission recommendation Denial 10 to 3 on february 9th 2016 based on consideration of doctor plans compatibility impacts the site dimensions and information here at the public hearings That would be my motion If there's a second to the motion for discussion, if not, it's going to die It's been properly moving second of this questions on the motion Okay, well, let me make clear what what happens if you vote for this Then you'll be supporting the planning commission recommendation if you vote against it then You wouldn't be supporting it. I recognize councilman shul. Thank you. Mr. Mayor I want to vote for this motion to support the The planning commission's recommendation, but I do want to say some things to the Folks who are here tonight. I think this is a close call. I think that there are a lot of things to recommend this And I don't want to give the neighborhood by my vote tonight the idea that I don't support development on this parcel I actually do support development on this parcel And I also support a reasonable amount of density. I am my major concerns Actually go to the zoning Well, at some point the land use map in the sense that the buffer that I just mentioned to hatrick And And some and some of the a couple of the zoning issues But I will say I'm going to say a couple things that don't really bother me So when this comes back to us again, I just want to be clear about this The traffic This is a road that is frankly pretty empty I drive it a lot and I've been driving a lot particularly lately to sort of check it out And I will say that Um There's a lot of capacity on this road and I do not think the the density has proposed would have a significant negative effect Um, I will also say uh that The uh The stormwater, uh, I understand the the stormwater concerns. I have I understand the stormwater concerns in the neighborhood But I strongly agree with the applicant that those strong those stormwater concerns are almost entirely Are entirely to do with the current situation and I believe that our standards are strong And that the stormwater would be dealt with adequately by Our staff because they do enforce them and I deny that they are not strong. I believe that they are strong in terms in terms of the issue of the uh, the um The orderly transitions, uh, I understand. I believe professor helping if I have the Your name right serve. I understand your point, but I think that this is a trade-off Uh, there are two ways to look at this orderly transition issue and I understand the the point that was made But frankly, it would be a good and orderly transition to have some uh medium density low density residential there and This is a good corner For development. This is a major highway Uh, and this is exactly the kind of place that we do want development. We have a trade-off all the time We have trade-offs all the time there are Uh, and and one of the trade-offs in this situation Is that we need housing in Durham We talk about having affordable housing and we've talked about the affordable units have been proffered here but I think even more than that is the fact that If there is demand and as long as we're not meeting demand and I Have to say that I voted against two developments to meet demand next Last week and I'm voting against another one today, but I'm troubled by it Because as long as we're not building it's a long supply and demand is immutable We'll be forcing people to live farther and farther away out of town So Again, I'm not troubled by the The stormwater treatment. I'm not troubled by the traffic Um, I'm not troubled by the protest petition. I appreciated the point, but this is something that's been dealt to us I'm totally in favor of having the protest petition, but we don't it's the world. We're living in now And it's something that we have to deal with and um And I think that this is a good place for This kind of development what does trouble me as I say is the is this is the buffer Uh, is the is the most significant thing that Troubles me, but it's pretty significant. Um I can see why That is troubling to the neighborhood And And that's my that's my reason uh for voting against it But if this comes back, I want to say to the members of the neighborhood and that issue is dealt with I will be voting for it And uh, I I believe very strongly that this is a good place for residential development And I understand that the I understand that the the landowner situation I thought that don marford made some great points about that earlier If folks want this to be a park or or if if duke feels strongly enough that this is important to the forest I use the forest once a week myself It's an incredible resource then somebody else needs to step up and pay for it not this landowner Uh, so I will be voting For the motion that the mayor discussed, but I would expect that we'll have this back in front of us And I if the buffer issue can be adequately dealt with that I will be I would be supportive of this at this level of density. Thank you Very good. How's councilman marford? Yeah, I just wanted to add that I think probably most people are seeing how this is going to go I'm probably going to be heading out for the game as soon as the planned amendment is over So I want to make a couple comments On the rezoning aspect of it. I was very troubled by some of the issues And plan to raise my questions for staff and which I'll pass on but I want to appreciate all the staff It's been here tonight Particularly our stormwater people who don't normally have to come to our council meetings I I did have questions and concerns about What I thought was a penalty for affordable housing It made it fairly easy to do a payment in lieu I had concerns about the size of the buffers between colony park and And this proposed project I have concerns about the fact that there's a little to no buffer along cornwallis and I would Wanted to see I would like to see um a visual barrier Along cornwallis because I think what we're going to wind up here Eventually will be some kind of density and I had some concerns about the impervious surface now I want to point out that we approved a project earlier this evening That as some of people have held up to me as an example of good development and I don't disagree. I voted for it But um it had a hundred percent impervious surface limitation. It had um very little in the way of Of committed tree preservation The density was high One of the differences is they did work with the neighbors very closely. They did have as you saw there was no one in here in opposition to that project that I remember from way back and so I think that I I thought that the plan amendment was going to pass I didn't second the motion mr. Mayor because I figured if five of the people wouldn't Second that it wasn't going to go anywhere anyway um But I did have my reservations I did not actually think that the rezoning might pass tonight So it looks like I was wrong at least on one count. Thank you as I recognize councilman davis Thank you, mr. Mayor. Um, I guess I'm I'm very interested in what mrs. Fanberg mrs. Fanberg said About the and she may not know about the history in terms of what kind of opposition might have been um Proposed to the originals sell of the land that created colony park but I I've been thinking about This proposal being very analogous to lots of opposition to Immigration that we have nationally that often people who are Here in this country now Oppose others coming and I would hope that that is not the case Although there was at least one comment that was made about the idyllic nature of the current development And how people had the idea at least that one speaker had the idea that they did not want to have that Beauty disturbed by this other development. I would I would hope that we would not Maintain that attitude in the future When there is a proposal for land use that might be more conducive to what the neighbors might want Thank you I just want to make sure we're clear on what we're voting on I would ask the council if you would pull up attachment to on your if you if you vote for the motion it means that The future land use map remains as is if you vote against it Then in effect You could get the proposed amendment. So I just want to make sure people are clear on what we vote and again my my hesitancy for supporting Uh, the developers is I Feel really strongly that there should be some type of transition between the two properties and That doesn't happen with the proposed amendment. So are we clear on this? Uh, mountain clerk, will you open the vote please? You close the vote The motion to deny the plan amendment is recommended by the plan commission passes six to one We council member moffitt voting. No That's correct. That's that's me being consistent Okay, let's move to the next item zoning map change cornwalls road property z 15 0 0 0 3 1 That's item 24 Good evening. My name is grace smith. I'm with the planning department This case is a request to change the zoning designation of 40.95 acres located at 24 17 west cornwallis road South the side of west cornwallis road between welcome drive and us 15 5 0 1 from residential suburban 20 And commercial and commercial general to plan development residential 4.131 to allow for 126 single family residential units The development plan associated with this request commits to the following 126 single family residential units Two vehicular access points a maximum of 70 percent impervious surface 20 tree preservation Two greenway easements through the site and a pedestrian access easement from tanglewood drive Based on your your action on the previous item staff determines this request Is not consistent with the conference to plan and other adopted policies and ordinances Staff is available if you have any questions Okay, this is the public hearing. I've heard the staff report. Let me ask other questions. I remember the staff If not, uh, let me Make sure we're straight here The persons that have signed up in opposition just to this item. Do you still want to speak? Let me ask for the proponents. Uh, I just still have Patrick allow And jar, is that it? We're just going to request a Continuance similar to the case you had earlier today. All right Mayor bell Mayor pro tem colm mcthadden members of the city council. My name is patrick biker with morning star law group representing pulty homes We respectfully request a Continuance of this matter that we hold the public hearing open in order to address the concerns that have been heard tonight Try to come back with the appropriate measures to address the council's concerns And bring this back to you at the appropriate time That's the city manager. Mr. Mayor. I would request either the city attorney or the planning director comment But I believe it would be appropriate to uh, specify a time that uh, at least Preliminarily we anticipate this would come back and then if we need to continue it further from that point We could but it's difficult if we just leave an item like this Open without a specific Date That is correct staff would request In order to continue the item that you do have to specify a date That you would like to have this item back I'm asking the proponent. Do you have a request two cycles mayor bell? Well, I defer to the planning director. I mean Are you comfortable with that? The one thing I would I would suggest for council's consideration is that a two cycle delay does not give A lot of time for a lot of that review and modifications to occur We're already into your next cycle Thursday, that's fine. Give me a time that you suggest. Um, I I think uh Three cycles or four cycles are appropriate. That's fine It's a three or four Let's make it let's make it three and we can always continue it if we need to at that time But we'd ask for three cycles. Okay, you've heard the developer's recommendation for the planning director's recommendation I'm taking a motion on continuing the public hearing until three cycles I can ask recognize Councilman market. I'm sorry. I do want to speak to the comment that we can just continue it if we need to We've got a room full of neighbors. I suspect we will have a room full of neighbors I do not want to request a room full of neighbors and then say, yeah, let's continue in a couple more weeks So if we really I'm not entirely In unless the um, unless the applicant can Figure out a way to work more closely with the neighbors. I don't really see that there's going to be a significant change Okay, so let's let's hold it. I'm sure everybody wants to get out of here Certainly, I do and when we still have more business to transact tonight. So I I will be voting against the motion in any case To continue it, but I do recommend Since Unless we're convinced we can do it in three cycles. I would recommend four. Thank you four is fine. We can live with four Let's let's go. Let's go with four It's entertaining motion on that item June 6 June 6 specifically, okay. It's been properly moving second. Madam clerk, we open the vote We close the vote It passes six to one would council member moffitt voting. No, assistant don consistent don. Okay, great Thank you. Thank you. Let's move supplemental item item 28 public hearing on the proposed economic development center to bring between the city of darman Are our beaten former USA Inc Good evening, mr. Mayor Good evening Madam mayor pro tem city council and staff I'm kevin dick with the office of economic and workforce development And pleased to have the opportunity to present a proposed economic development incentive agreement Between oral bindo pharma usa and the city of Durham It is important to note this evening that what is being presented is a recommended economic development incentive agreement And the location of this project in Durham Is contingent upon a matching amount from Durham county government? And a job development investment grant from the state of north carolina department of commerce in other words the final decision of the company to locate here and the ability of The state to provide a job development investment grant would be based upon local amounts being approved by the city and county So this uh any decision tonight in and of itself does not Guaranteed that the company will locate Just in terms of a company profile This is a pharmaceutical company with us headquarters in new jersey. This is an indian pharmaceutical company They are market leader in semi synthetic penicillin and and has a presence in therapeutic segments Such as neurosciences cardiovascular antiretrovirals anti-diabetics and gastroenterology Just for further edification Retroviruses one of the more common retroviruses is hiv Um and other retroviruses can lead to cancer. So this company essentially essentially produces medicines and And drugs that combat to Obviously very detrimental viruses in our society um, or bendo usa Or bendo pharma usa Is one of the 10 top farthest top excuse me top 10 pharmaceutical companies In terms of generic brands In as far as the number of prescriptions they dispense Or bendo has plans to create new service lines and will grow the Resource and development business to develop new inhalation and dermatological products And the manufacturing facility would then create this these products. So the the facility that they intend to Locate in in Durham and retrofit would actually be the former teleflix facility on wet drive and If you've seen that facility The it's in dire need of renovation. So this would be a welcome project In terms of potential job creation, um, this project is very attractive, um for us They are manufacturing production jobs in the biopharmaceutical industry These are the types of jobs that we covet in the sense that they're Varied in terms of having a production component, but also Administrative component components and and and higher management Of the 200 jobs that are slated to be created within The next three years, uh, or the better part of the next three years 113 Would be manufacturing production jobs that line up well with some of the um, the training Options that we have within the NC worst career center system specifically at Durham technical community college And the average wage for the positions would be in excess of $54,000 per year with full benefits. So These are exactly the types of of companies and projects that we have coveted the proposed offer Would be 200,000 dollars Not to exceed 200,000 at roughly $1,000 per job And this would be paid in a lump sum once all of the jobs have been created So the risk to the city would be minimized from that standpoint The funding source for the project would be The increased With the the tax revenues that the city would receive as a result of the 31.7 million dollars that are anticipated in capital investment And as I said No incentives would be paid until the jobs were created I'll reiterate that uh, Durham county is considering an offer Um of a similar amount And as well any north carolina department of commerce is also considering a job development investment grant That would be in excess of the city and county combined amount But again that this is an ed incentive agreement that is uh, that is only in agreement only and does not guarantee That the company would locate here So to um recap the creation of 200 jobs within three years would be a precedent That would uh, would be a contingency For incentive payments to be collected by the company Um, there's there would be completion of 31.7 million dollars in capital investment There would be the inclusion of a workforce plan that stipulates the use of the nc works career center And as I said earlier, we we do believe that um This this company this project is very conducive to the talent that is currently being produced by the system And there would also be the inclusion of a Durham based business plan Which would enable a Durham based contractors Including minority and women business-owned enterprises to have an opportunity to to bid on contracts That are related to the um redevelopment of the uh proposed site The capital investment at the stated levels are expected to um to result in nearly $400,000 in new tax revenues over The first five years and then an additional 310,000 After another five years. So a total of $700,000 would be um anticipated to um a crew from the Redevelopment of the proposed site and so a $200,000 investment would be well within an amount that would be um It'd be a responsible amount for the Durham taxpayers based upon the funding source With the Durham based business plan We are anticipating a goal of a 25 percent of Durham based businesses And we've discussed this with the company in terms of the construction work to be done So um our goal would be nearly $8 million in contracts that could go to Durham based firms including mwbe's Based upon the capital investment Why is an incentive necessary? $200,000 in city investment is needed to make this project feasible in Durham Because as I said earlier biopharmaceuticals is the coveted industry and there's evidence that not providing the incentive here Would result in the project occurring elsewhere The us headquarters for this company are in new jersey. There's ample land to Produce this project in new jersey but the The offer of the job development investment grant the obvious talent advantages that Are in this region are making the company consider north carolina Um The state is proposing an incentive that requires an adequate local match As per the rules of the job development investment grant And why does this project make sense for the Durham taxpayers? 200 high paying jobs within a growing industry Which has a significant multiplier effects for related industries Recruitment of a great corporate citizen that intends to use the nc worst career center system to recruit talent And also will commit to support the Durham youth work internship program either as A site for career exploration As a host and a sponsor of an intern of an internship or multiple internships Or as at least as a sponsor of internships And so with that, um, I'll take questions. I do want to recognize Miss katie cope from ksm advisors representing the the company. Um, she's present this evening To represent the company and to answer any questions you may have Okay, thank you. Kevin. This is a public hearing item. The public hearing is open I would ask first other questions comments from members of council. I see them there program Good evening What kinds of skill sets will be required for these positions? That you've talked to us about so generally, um short-term certifications and um and bio works or Bio pharma type training that's offered within the community college system. Um, there are also some manufacturing type courses certified production technicians That are again, as I said more short-term certification type courses So degrees won't necessarily be required Um, although they may be welcome as well. They won't necessarily be required Thank you Nice counseling market. Yes. I just wanted to say that um, I think that job creation is one of the most important things that we do that in land use and um, we're looking at up to 200 uh, really good jobs That don't require a full four-year college degree Most of which which what I understood you to say For the cost of four percent for one-year salary I think I have that number right and I know some somewhere in there. I don't know what it is two percent of one-year salary um In any case, uh, this is the kind of thing I think we should do There's no risk to Durham taxpayer because if they don't invest And don't create jobs that we don't make any payments And the cost will be paid for from the property taxes that they'll provide If they do invest. So this is the kind of thing I think that we should Be Supporting like all day long I appreciate it and kevin. I know you're going to be around for a little bit longer, but charlotte's Gain is our loss and we will miss you. Thank you so much. Appreciate you saying that Are there other questions comments? I want to close the public as anyone else in the public That wants to speak on the sign recognize tig connor I apologize you had signed up to just gave me a card I did follow the rules, although I feel a little pressure standing between you and the basketball game It's a scared position to be in Mayor bell members of the derm city council. Uh, good evening. I'm ted connor with the derm chamber of commerce Here to advocate for an incentive for our bindo pharma Uh The company in this project offered derm an excellent return on investment with regards to new tax base New jobs being created for what I consider for derm residents And also it'll be reusing a building that really really needs a lot of tlc It's been vacant for about two years And uh, it will be nice to get this back on the tax rolls again as a full building One of the things I like to think about Successful economic development is working to attract and develop job opportunities for a broad range of derm residents And in the past year with kevin's great support We've been successful in attracting a blend of low to high skill jobs And we're blessed to have worked with our bindo and katie over the last year really since about june of 2015 To attract potential great Manufacturing opportunities job opportunities for derm residents Many of whom will not need a college degree And so we feel very good that we're bringing to derm a wide range of job opportunities That'll benefit all of our our citizens But it's important to note also that uh, the preparation for these jobs or prepare Preparation to apply for the jobs can be accomplished through students Derm residents taking a training program which kevin pointed out called biowork Which is provided by derm technical community college Biowork is a course that residents can take to prepare them for career path in life science as manufacturing Derm tech also offers other courses to allow the students to learn additional skills And and allow them to progress in their career paths in the life science manufacturing at one time We had peter wilgridge from derm tech was here, but I guess the rezoning Disappointed i'm any left But nonetheless he is in charge of supervising these workforce training programs for derm tech One important thing that I realized tonight when I was thinking about what I would say in between keeping you from the basketball game was pointing out that In addition to help prepare derm residents for jobs in life sciences manufacturing Derm tech is allocated some of the funds that it receives from derm county from It's the sales and use tax revenue that is granted to the educational universe educational enterprises here in derm It takes this tax revenue and that it receives to fund a program called derm connect in which The community college provides scholarships to derm residents who are taking courses at the university doesn't have to be academic Courses it can be these certification programs Thus providing a means for our residents to pay for the training to pay for the training that allow them a career opportunity And not not too many communities will do this and so it's really important that we know that We're bringing jobs to the community suitable for our residents We're providing training and education for our residents and we feel that this will be great for derm. Thank you Thanks teds anyone else that wants to comment on this item Yes, ma'am Hello My name is katie colb. I'm president of ksm location advisors based in indianapolis But actually had north carolina winning my whole bracket. So I I'm loyal fan But just wanted i'm here on behalf of orabendo Unfortunately an illness prevented my client from being here But I just wanted to convey a heartfelt appreciation To the mayor and to the council for your consideration To city staff kevin has been phenomenal the derm chamber of commerce has been incredibly helpful As ted mentioned, this has been almost a year long process A highly competitive project where we were really evaluating multiple options including this one in north carolina So incentives are an important component here and certainly appreciate your consideration And thank you for your time and happy to answer any questions There are questions comments Recognize the mayor pro tem How are you going to advertise to the public? opportunity It's a great question. I know It has been made very clear to orabendo and they're excited about the opportunity to partner with Some of the workforce development agencies that are based here locally So I know that they intend to do that. I think there are some traditional ways they'll do it, you know through Online advertising and and in the newspaper and that type of thing and there's been some discussion discussion of job fairs as well Newspaper is very important. Yes The other thing Madam mayor pro tem is that as per the derm workforce plan It will be required to post jobs with nc works And so as people register with nc works, they will have An invitation to apply to the company apply online And certainly we're going to make sure that the individuals that complete training In fields that are conducive to the types of positions that companies are hiring Are fully aware of the positions available. We also have Rapid response events, which means events we where we take staff When other companies that may be similar to this are laying off staff So we're able to replace people in jobs when they're when they're dislocated as well I would suggest that it would be a good idea if you could just have some flyers that could be taken throughout the community To to citizens as well Churches that caliber I don't want to prolong this but can you can just clarify the $1,000 for job of these for derm residents? How long people on the job? These are for Individuals period. They're not necessarily earmarked for derm residents. We Have had some consultation with the attorney's office And found that we may be in violation of interstate comment Commerce excuse me rules and regulations So these are for um, derm residents, you know, as I suggested to uh councilmember johnson will work to try to um In devise creative ways that we can connect derm resident residents as much as possible But we cannot earmark the incentives solely for derm residents How long do they have to stay on the job? They get hired one day get fired the next day They still get $2,000. I know the position um has to stay on the books for at least a year in order for it to be considered a job created Uh great program I hope we can move on it I'm going to close the public hearing entertain the motion on item It's been a proper move in the second madam clerk. We open the vote open the vote Open the vote My mouse is not working this to me or Okay. Well, let's let's vote by hands All in favor of the motion raise your hand Those opposed Passes seven to zero. Thank you. Now it's working Okay, thank you. All right. Thank you. Thank thank And we're not going home yet because we have some faithful citizens that are signed up and pull item four on the consent agenda So i'm going to recognize those persons who have signed up and pull this item this item is I want to want to call it out. So it's for the record as item four and it reads FY 2016 2017 budget development guidelines Is it Dante Stravino? Is that Dante? Say what? I'm just calling the names max davis Dwight walker Is Dwight here Carlos Stanley is Carlos here Donald quick So if you can come to the podium to the right, please And oh net and that may audit. I miss you. Okay, and if you could Let me to remarks in three minutes, please Uh, good evening or good night I am max davis with the Durham city workers and We have a proposed budget for this year. I won't go down the long list Should be receiving copies of them and we are in opposition of the 81 million that's been proposed for the police headquarters We think that money could be better Alligated throughout the city for city workers in order to receive raises in order for recreation center living wages for all workers crisis intervention and And just last I guess Staying within my three minutes. I just want to say that I think we're always talking about good things that are happening in Durham that uh, Durham works better when all the city employees as a whole work Not just one group of employees Thank you Hi, Nathan at mail secretary of Durham city workers union ui 150 Um, we're here today on april fourth To commemorate also dr. Dr. Martin Luther's king death and why he died why he was assassinated by a domestic terrorist the Memphis, Tennessee In 1968 it was his stand with public workers with sanitation workers of that city who was standing to to fight for Benefits and just respect on their job So we're here today to honor him But we want to say too that we stand with the community the communities that we live in and that we work in We want and we'll struggle for the passage of a budget that invests in our communities and city workers And that does not include one that spends 81 million on a new police headquarters But 81 million on replacing broken down garbage trucks adequate safety gear Lowering healthcare costs full staffing of vacant positions livable wages $15 for city workers and contracted workers We call for $2,000 across the board wage increase for city workers and cost of living increases Worker training and an end to discrimination and favoritism and hiring promotions training and discipline in the water department and other city departments Improved and free mass transit extended and free programming at community centers Sidewalks and improved streets lower utility rates and tax assessments crisis intervention resources restorative justice programs and a reformed independent civilian police repeat Review board and a number of other things that our communities and city workers need The quality of life in our communities affects our jobs and the quality of our jobs and our work environment Directly affects the quality of life in our communities and our families We want to let the city council know and the manager know That the city of Durham workers ui 150. We will stand with our community allies We'll stand for we'll fight for and we will support a Durham budget for the people. Thank you We'll be here throughout this whole budget process. That's good. Thank you. It's a public process and we appreciate all that want to come Good evening. My name is donal quit. Mr. Mayor city manager Basically, I'm here with my comrades, you know this 81 million We could use it for some training because in my department I was switched to another department, but I never had training And it was like, you know, I'm going to this department, but I was never Taught basically what I needed to know, you know, but I'm in there and I'm learning I had to learn Basically on my own. I didn't want to go in and disrupt nothing or if something happened then, you know, they're looking back at me But 81 million that's a whole lot of money for new police headquarters. I mean we got sub stations We also got the police headquarters downtown, you know I mean it could be used for something more than just A police headquarters. Maybe we can rethink it take part of that money and do put in some training and do, you know Help the workers Because you know, I'm speaking for the sanitation workers. I'm speaking for Water and sewer. I'm speaking for, you know, the public works department All of us, you know the fire department, you know, we we all work hand in hand If if there's no water to put out a fire, you know then There's no water. Water and sewer is a great supply of fixing Main holes and whatnot for the water to flow so we can put out fires So, you know, we we just asking that, you know, y'all consider us You know, because it seemed like to me it's always about the police and fire But uh, we as citizens, you know, we do our duties to the public. That's who we work for a public works You know, when people look at their trash can and their trash has been emptied that comes from sanitation When a main line bus and that main line is fixed, you know, that's water and sewer When there's problem with the streets or whatnot, you know, potholes, you know, that's public works. That's street maintenance So, uh, we just asking that y'all will consider, you know, looking at this maybe Redoing it or whatnot, but we just want to thank y'all for our for y'all time and uh Y'all be blessed. Thank you Good evening council. My name is Don T. Strabino. I live at 2400 Yorkdale. I'll keep my comments brief I think you all have seen the outrage and frustration from the community about the ongoing inability for any accountability for the police Uh, with the murder of levante bigs. Um, you know, we're in touch with the family. They're still crying for justice Nothing has been done To hold the police accountable and we still want to spend all this money I know this is a big review process of accreditation. They just went through that You know was was the issue But there still is a lot of people that are concerned and the spending of this money in east Durham and east main is Is is is upsetting to us And as city workers, you know, think that that money should be spent, you know, other places Also, um, you know, we hope you can continue to the council continue to consider and work around the Concerns the deep concerns around the racism in the water department and recommendations from the human relations commission We're still we hope to work with uh, uh, mr. Bonfield and others to implement those recommendations, especially on the grievance procedure Hiring promotions all those aspects and to open up and go back to a procedure We used to have where workers could actually have a file for a broader range of issues And and and and the rest of recommendations will be hope to continue to work with the council on Moving forward and as that process is open. So stop it. Thanks so much I think that's all the persons that had signed up to speak on this item Let let me say and i'm not going to prolong this The concerns that you raised they're not mutually exclusive In a sense that if you have a police department, you can't have some of these other things Well, likewise if you have some other things you're asking for you can have police department They aren't mutually exclusive It doesn't mean that you can get all that you've asked for but it's certain things we need to kind of consider These things don't happen overnight. I hear this speaks about affordable housing Affordable housing didn't happen overnight in this community. We've made a commitment to do more than we're doing That's why we've had a consultant to come on board That's why we've got a special session Thursday to review the consultants reports So hopefully we can come with some guidelines is how we're going to move forward These things didn't happen overnight, but I think it's unfair to pit the police department Against all these other issues Because there are other departments. We could also say you didn't have to do we could have spent money otherwise We have to set priorities and that's what we go about the businesses are doing the police department wasn't done overnight It's not like we decided overnight that we're going to build a police headquarters on federal street on main street There's an open public discussion on that And we looked at the various sites and the net of it is we came down from the site that we have But by the same time we hear the questions that you're raising We're sensitive to the question that you're raising The question is whether or not we can come to some type of compromise And what you're at requesting and what we have to do as a council But please don't say these things are mutually exclusive because they aren't It doesn't mean If we build a police headquarters, we ain't doing these other things Likewise, it doesn't mean if we do these things that you're asking for we can't build police headquarters We've got to find a compromise and that's what we're in the process of doing I will welcome you to come to the budget meetings When they open we have an opportunity to comment. I welcome your comments and we will look at what you're presenting here this evening There's no promise that it's going to happen But we look at it very closely to see what we can do And it takes time to get to some of the ends that you're trying to get to but you've got to start somewhere And I for one am committing to the start How long it takes to get there is another issue Uh, I haven't said that we have this item on the consent agenda. I entertain a motion on it It's been probably moving second madam clerk. Can you open the vote open the vote? Close the vote It passes having a zero Great, uh, any other items to come before the council tonight before we head out to see the final results of the Final before somebody's prior to get results. What's the result? Okay, we got time. Thank you all. Good night meetings adjourned