 Good evening. We'd like to call the Durham City Council meeting to order Monday, December the 16th at 7 o'clock 2 p.m. and certainly want to welcome all of you that were first this evening. I would just take a moment for a silent meditation please. Thank you. We're going to be led by Kyla Newkirk, who is the daughter of Mr. Mrs. Eric and Monica Newkirk and the granddaughter of our Executive Assistant, Ms. Hattie Johnson. And to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Good job. Madam Clerk, will you call the roll please? Mayor Bell. Present. Mayor Pro Tem Cole McFadden. Present. Councilmember Brown. Yeah. Councilmember Kattie. Here. Councilmember Davis. Here. Councilmember Moffitt. Here. And Councilmember Shul. As we all know this past weekend, Nelson Mandela completed his extraordinary journey, one that led him from prison to presidency, making him a global symbol of endurance and reconciliation. And he was led late to rest yesterday in his hometown in South Africa. Durham, like so many places all over the world, recognizes and honors what he did in the name of freedom and forgiveness, not just for the people of all colors in South Africa, but all over the world. And I'd like to read this proclamation in honor of Nelson Mandela, and I would ask Owen Scott, if you want me to please, Owen was one of our persons who had asked that, I've had many people to ask for proclamation, but Owen felt very strongly that we as a city should honor the work and memory of Mandela. A friend of his, former North Carolina resident, Dean Leonard, wrote a song and produced a short video on Mandela's honor, and we're going to hear that after this proclamation. The proclamation reads, whereas the city of Durham seeks to commemorate and honor the legacy of Nelson Mandela as his ideals of peace, reconciliation, and quality for all set a standard for humanity and compassion that we strive to uphold, whereas Nelson Mandela was imprisoned for 27 years for his fight against South African anti-partheid rule and was finally liberated in 1991. Whereas he was elected as South Africa's first black chief executive and his government focused on dismantling the legacy of apartheid through tackling institutionalized racism, poverty, and inequality, and fostering racial reconciliation, whereas we the people of Durham recognize that it's time to recall civil movements from previous generations and assure that we will not allow indiscrimination, oppression, and denial of basic human rights to creep back into our nation, whereas we challenge all of our elected officials to review current and irrelevant issues that affect our communities such as the workers' rights, access to health care and healthy food options, and accessible education which supports our founding ideas of life, liberty, and the pursuit of happiness, whereas the compassion that Nelson Mandela felt for his community is what compels our city, our state, and nation to lead the way in recognizing the continued struggles and injustices endured by many that still demand our attention and humanity. Now therefore I, William V. Bilbell, mayor of the city of Durham, North Carolina, do proclaim December 16th, 2013 as a date on Nelson Mandela in the city of Durham and to encourage all of our residents to reflect on the significant impact he made in our world and to commit to keeping his legacy alive by working to eradicate inequality and injustice in our nation. And with my hand in the corporate solicitude of Durham, North Carolina, this is the 16th day of December 2013, and I'm going to ask Owen to join me for comments that he may have. Thank you, Mr. Mayor. Thank you to the entire city of Durham. Our wonderful city, our wonderful government. What this means, I'm not totally sure, but I think the way I see it, we have so many of us have taken the liberty to get it wrong for so many years. I think it's now time to get it right. It's not in a history book from this little girl to all of us. We saw the man. I think we should try to do something about what he taught, what we learned. I think if we don't do it, then we probably won't. So what this proclamation means, thank you again, is we started it here in Durham. We're going to sign it. As many signatures, as many governments, towns, organizations. I'm going to send it to David Price, our congressman. I'm going to send it to Daughters of Confederate Republic. I'm sending it wherever. And I think we want to sign it and we want to pass it on. And we started it here in Durham, and I think that everyone can take part of it. It's called Amanja, Awaitu. Ms. Regina Leonard. I can't believe she did it. She just, she wrote it. It came, just came out of her. She's a resident of this area, and she's not even here. She's in California. And she sent it, and she did it. And I thank her and I thank you. Video that we have. And the freedom of order. Thank you. Thank you again. The words that she was repeating is in Zulu, and those were actual people native of that land. And it means power to the people. Thank you. When you see the proclamation, I don't know if it's going to be online if you'll see it physically, but we want to pass it. Sign it, sign it, sign it. And we're just going to send it to our next town or whomever. Thank you again. I guess the city manager fee. Mr. Mayor, I think Rhonda Parker, Director of Parks and Recreation is going to introduce the next next ceremony. Thank you Rhonda. Good evening. I'm Rhonda Parker, Director of Durham Parks and Recreation. Thank you, Mayor, Mayor Pro Temps, City Council, City Manager, City Attorney and residents of Durham. I am pleased to introduce to you Conrad Brinsburg, who is the owner of Absolute Dental Services and the founder of the Absolute Care Foundation. In late May of 2013, they contacted DPR staff about a significant donation. They wanted to renovate a park. And we had had various conversations with the Carroll Street community about their Carroll Street Park and some of the needs that they had and thought that this was a great opportunity to bring them together to breathe new life into this small park. The foundation and the staff of Absolute Dental Services donated $14,680 during the renovation of this park. They have agreed to adopt the park for many years, which extends extraordinary benefits of the work that they have done at the park. Their commitment will continue and to have a profound impact on the community and the residents of the neighborhood. I hope that this project is the beginning of a long and mutually beneficial partnership for the foundation and the City of Durham. Conrad Brinsburg. Thank you so much for inviting me. Mayor Bell, thank you for honoring Madiba. I was born in South Africa and I am a product of Nelson Mandela. And I had the honor of going back a couple of months ago and I could actually witness the difference in how the people are getting along and interacting with each other and how big a change this man truly made in South Africa. He was a truly amazing man and I think he taught all of us so much. It's a very special moment for me as well to be here tonight with Madiba. I'd like to take a few minutes and they told me I have five minutes or they're going to cut the microphone off. I know you guys have a lot of things to do tonight but if you can give me a few minutes I'd like to tell you about our foundation. But let me start by saying thank you to all of you in this room for making our city beautiful. The tobacco road we have nowadays I'm so proud to bring friends to Durham and they have this perception of Durham and they go wow this place is amazing and I think you guys do an immaculate job and we're so happy and so proud to be a small part of that. So my foundation is the foundation of Absolute Dental Lab. Absolute Dental Lab is located on University Drive. I've been at Durham night for 15 years now. I've been in the same location for the last 10 and we've brought together a truly exceptional team of ceramic technicians from all over the world. We have 12 nationalities and what we do is dental prosthetics. So basically we'll take a smile. It doesn't look so great. The patient will go to a dentist. They will cut the teeth back and what we'll do is then put dental prosthetics back in place. Ceramic dental prosthetics to replace the natural dentition of what the patient once lost. So a very autistic group of people we brought together. We are currently one of the most successful dental labs in North Carolina. We've, the lab is 20 years old today or 20 years old next year. I'm sorry. And I'm very proud to lead this group of people. So we found out kind of the hard way that, you know, what we do is not as important as what we do through what we do. If you can do what you're good at and be in the fortunate situation of, or area of giving back to the community, then it really defines what you do. Our first outreach into Durham was with One Heat Foundation and they take children off the street and teach them boxing, amateur boxing. So we had a great fight night down at the Durham Armory a while back. My whole team was there and we were glad to co-sponsor something like that. So our goal is to be a part of our community. We do a lot of give a smile. We met Amy Hildreth, 23 years old, lost all her teeth due to misdiagnosed Lyme disease and to see a young woman of that age walking around with removable dentures and how she evolved by our donation. So what we did was I got a group of surgeons and Prasidonus from our Durham community together and they all donated their time and their skills and we were able to give Amy her smile back. So what our foundation does as well is bring our community together to show what we can do. And this prosthesis is one of those that's based on dental implants, screwed down into the mouth. And let me show you the difference that we could make in Amy's life when we met her originally. This was Amy the first day we saw her and that was Amy four months later when we did the prosthesis. Now this really is a life changing experience but what I found was my team, they just making another set of teeth. So we said let's reach out a little further and let's show them what a difference we can make and how good it feels to reach out to the community. We found a family that has been, really had a hard time, lost her husband, her mom and her 17 year old son to cancer. Had really no resources left. They lived in a house that had no sewage, no water. And one Sunday night I was sitting at home and I hate to admit but I think I had a beer or two and I looked at the extreme home makeover and I thought, well that looks pretty easy. And I said to my team, let's take this family and how would we do an extreme home makeover. And everybody was all gung ho because it looks so easy if you do it in an hour. We went in on Sunday afternoon, we got the Raleigh Rescue Mission to come and help us. We moved the family into a local hotel and for seven days we spent 2600 hours with 95 volunteers and we completely redid their house for them. Now this was 60 technicians, a few people from Jeffy Lube, a few people from UFC Gym and we made it happen. And you can see the before and after results and we did all of that in seven days. So what it shows you is, you know, if you bring regular people together and you give them a purpose, I was telling Ms. Parker earlier that the guy who donated all the landscaping came to me and said, been looking to do something good for so long and this is such a great opportunity to give back. As you can see that was the bedroom before and that was the bedroom after. So our team did such a great job but it was not just giving to this family but it was also showing our team what a difference we can make in the lives of others. I think we really truly touched those people's lives. Now I think to define our foundation, I'd like to show you this clip WRAL did on our on our house project and probably explain to you why we do this and why I'm so proud to be a part of this. Oftentimes a cancer survivor will say the experience is a disguise. They tend to appreciate life a little more, take less for granted. One local man who survived stage three colorectal cancer is now paying it forward. WRAL's Bruce Milberg takes a look at his foundation's first major project. Since these pictures were taken a week ago, it's been a mad rush to finish the six-day renovation project. Gwen Griffith and her children haven't been home since last weekend. Welcome to your new house. The real shocker came when they stepped inside for the first time. Griffith's had been emotionally and financially drained. In the last few years, she lost her mother and husband to cancer. Then earlier this year, her 17-year-old son lost his battle to the disease. I am so grateful. I am so grateful. This project is even possible because after Conrad Rensburg recently survived cancer, he changed his outlook on life. That we might not have another day to do good for somebody else and leave a legacy instead of just taking and being able to give. He and his business partner started a new foundation to help others. They heard about the Griffiths' that there was no running water in the house because the pipes were so bad and the sewage was backed up. And once we saw the conditions, the terrible conditions she was living under or living in, we said this is the project for us. They cleared the house and started through scratch. With new walls, new ceilings and floors, fresh paint and new tiles, there's a bigger bathroom, donated furniture and art, and newly built closets. It's a door to a fresh start. The house is amazing. I've never seen it this beautiful before. I never have. I love it. Bruce Mildworth, WREL News, Willow Springs. Such joy after such heartache. The Absolute Care Foundation had roughly 95 volunteers put in 2,600 man-hours. Dozens of area businesses also supported the project. To learn more about the foundation, look for this story on wrl.com. So I hope, you know, that in future, I really hope I can stand you every year and show you what we've done in our community. And that's kind of our dream. So we identified the Carroll Street Park. I know, if you guys have ever been there, it was a little hole in the forest. I didn't really know it was a park. My team went in. We did some tree re-sculpting. The basketball had a six-foot hoop. We put in a nice standard regulation which felt like a 20-foot hoop to me. I realized I'll never be a basketball player. But the community truly came together. I was telling Miss Ronda, one of the neighbors came over and said, oh, I don't know if this is the right thing to do. And by Saturday afternoon, we had half the neighbors helping all the kids who were out there pushing wheelbarrows. And we could transform this park. And on Sunday, we gave it back to the community with a nice big cookout in the barbecue. And we had 15 of our business partners, some local dentists, some of the big implant companies, national implant companies, donating time and money to this project. So to us, it was truly amazing to see just putting these people together, just helping and saying, hey, we'll be the vehicle to get you guys to do something. What a big difference we can truly make in our community. So I'd like to compliment the help I receive from Durham Parks and Recreation. And I hope from year on out we can do great projects. And with that, I would like to thank you for your time and hope that I can stand up here next year with the same message. Thank you so much. Well, we certainly appreciate your work and particularly in our community. But as you do it throughout the region, I constantly tell people that Durham is a city that's very caring and giving. And you certainly epitomize that and what you did. I had a chance to go by a park since you've done it. And I've seen the transformation. So I sure the community as well as the city is very proud of what you guys did. And thank you for that. I don't normally talk about things that I do because I go a lot of places as mayor. But I just thought in view of this presentation and maybe some other news that's not so good that we had in Durham. I just want to say a few things about our community. This evening I had an opportunity to go over to the John Avery Boys and Girls Club. And I was invited to come over because it's a young group of, I guess we call them mentors and have taken an active involvement in some of our young people in our community. This happens to be a football team called the Durham Raiders. They're in the seventh and ninth grade. They're from different schools within the community. And they recently won the Turkey Bowl for their age group and Charlotte this week in terms of the football. And they wanted me to stop by and take a photo with the football team. But what was more important to me is the fact that a lot of good things happen in our community. A lot of different groups, both groups and individuals come together to try to make a difference. And this is one of the examples that was done this evening. But the other part about Durham, it looks like we have fast becoming a city of champions in athletics. I mean if we look at what's happened with the Duke football team, certainly Duke basketball team, Duke men and women's basketball team. Recently Southern High School obtained the championship in the 3A football first time in the state. Even in CCU it's coming back with its basketball team and its women's basketball team. But there are a lot of good things that happen in our community. Some not so good, but I just hope the good things that we hear don't hear enough about certainly always some of the challenges that we have in this community. And it's because of efforts like what we've seen this evening and efforts of a lot of people in this community that make things happen for a good way. And I'm constantly talking about good things happening in Durham and it's certainly because of the people in our community. I just wanted to say that because sometimes we take a lot of things for granted and we don't necessarily recognize individuals that are doing good things on their own but are making a difference. Not just in the city but in the lives of a lot of our young people, particular people that need to help. So I'll constantly say good things that happen in Durham in spite of some of the challenges that we see in this community. But I'm still convinced that we're going to be up to meeting those challenges. Having said that, I'm going to recognize council members from the Congress that they may have and want to make. Recognize Councilman Davis. Thank you, Mr. Mayor. Recognizing that this is the final official session of the Durham City Council for the calendar year 19, I'm sorry, 2013. I'd like to acknowledge and recognize that 50 years ago, 1963, was a pivotal year in the human and civil rights history of Durham. Thus far this year there have been several community programs in celebration of the golden anniversary of the North Carolina Fund, the civil rights marches, and the principled leadership of the then newly elected Mayor Winsk-Groberik. However, in my estimate, one of the most crucial and catalytic factors in the racial integration of restaurants, movie theaters, and other public facilities in our city was the courageous four-page newspaper advertisement that listed hundreds of individual citizens who encouraged local merchants and business people to serve and hire people without regard to race. This full page advertisement included several people who would go on to become local elected officials, including Robert Giordelli, Margaret Keller, and Sylvia Kirchoff. I did not want this 50th anniversary year of that newspaper advertisement to pass without the City Council acknowledging these brave citizens, several of whom are still living and working for positive change in Durham. I have placed a copy of the advertisement at each of your places. Also, a few additional copies have been placed at the clerk's desk. I am certain that you will see names with whom you are familiar. Thank you very much, Mr. Mayor. It's very, very appropriate and thanks for bringing that to all of our attention and recognition. Any other comments, council members? If not, we'll proceed with the prioritized first by the City Manager. Thank you, Mr. Mayor. Good evening. No priority items. Likewise, City Attorney. Thank you, Mr. Mayor. No priority items. Likewise, City Clerk. No items, Mr. Mayor. We're proceed with the agenda. First, the consent agenda items that can be approved single vote by the council unless the council member chooses to have an item removed. We'll discuss that later. Likewise, if someone in the audience asks for an item to be removed, we'll discuss that item later also. The first item is approval of City Council Minutes. Item 3 is the Workforce Development Act Youth Contract with Program Element Provider. Item 4 is the Workforce Investment Act Youth Contract with Community Partnerships, Inc. I recognize the City Manager. I would like to hold that for a moment. This item 4, okay. All right. Item 5 is Durham Arts Council, Inc. Building and Services Agreement. Item 6 is the acceptance of a donation from Absolute Care Foundation for the renovation of Carroll Street Park. Item 7 is lease of non-residential property and contract for services with D3 Community Outreach, Inc. Item 8 is amendment number 3 to the interlocal agreement between the City of Durham and the Durham Public School Board of Education for the joint renovation and use of Holton School. Item 9 is Holland Alley Revocable Use Easement. Item 10 is 2014 Financial Crimes Task Force Grant. Item 11 is Amendment to Fitness Medical Risk Training Contract for Psychological Services. I needed to pull item 10, 2014 Financial Crimes Task Force Grant. And also, item 11, Amendment to Fitness Medical Risk Training Contract for Psychological Services. Item 13 is City Sewer Use Ordinance Chapter 70, Article 4, Revision and Wastewater Pre-Treatment and the Local Agreement with Durham County. Item 14 is an item that can be found on the General Business Agenda. Items 15 through 26 are items that can be found on the General Business Agenda. I'm going to tell you a motion for the approval of Consent Agenda items with the exception of items 10 and 11. It's been property movement second. Madam Clerk, I'm sorry. I'm sorry. The Mayor pro-tems. It's been pulled. Madam Clerk, we open the vote. Close the vote. It passes 7 to 0. Thank you. We'll move to the General Business Agenda. Item 14, 2013 Third Quarter Crime Summary Report. Recognize Chief Lopez. Good evening. This is the Police Department's 2013 Third Quarter Report. The Quarter Report covers our Department Six Performance Measures, Violent Crime, Property Crime, Part One Index Crime, clearance rates, response times for priority one calls, staffing levels, and significant rents during the Third Quarter. I'm here tonight to share information about the Third Quarter Report, which is very good. But we do realize that we have had some recent violent crime that has made the headlines. We've been focusing on these incidents, and we have made several rusts. Our Part One Index Crime totals for the first nine months of this year are the lowest they've been in 14 years. Our Part One Violent Crime totals are the lowest, the second lowest in 14 years. 2005 was lower. And our Part One Property Crime totals are also the lowest, the second lowest in 14 years. Last year was slightly lower. Violent crime was down by 8% during the first nine months of 2013 compared to the first nine months of 2012. The decrease was due in large part to a significant drop in the number of aggravated assaults. We conducted several violent incident responses this year, which we believe has reduced the total amount of retaliatory violence. Property crimes were up slightly from the first nine months in 2012. This is due to an increase in the number of larcenies which make up more than half of all reported Part One Crimes. Burglaries were down by 6% during the first nine months of this year compared to last year. And they were down 19% for the first nine months in 2011. We introduced our residential awareness program in the fall of 2011 to target an increasing burglary trend and we believe this burglary has helped us reduce the number of burglaries in the city. During police employees recently made a presentation about the success of this RAP program at the National Collier Conference in Winston-Salem. We have continued to have larcenies of metals and GPS units this year. We have encouraged residents to keep items like GPS units, laptop computers purses, and other valuables from Plainview and their vehicles especially during the holiday season. We have had increases in the number of larcenies from buildings and shop liftings this year. Part One Index Crime is the total of Part One Violent and Property Crimes. Index Crime was drowned slightly during the first nine months of 2013 and was at a 14-year load for that period. The largest decreases were in the numbers of reported aggravated assaults and burglaries. The FBI statistics of her city is the size of Durham with a population of 100 to 250,000. Our clearances are above the FBI average in all categories at this time with the exception of homicides. All clearance numbers are preliminary and we expect them to increase. The Police Department responds to more than 4,000 priority one calls for service during the first nine months of 2013. Our target average response time for priority one calls is 5.8 minutes and we met that goal. Another goal is to respond to at least 57% of our priority one calls in under five minutes. We did not meet that goal and although it's an aggressive goal we're going to continue going after it. Our sworn positions were fully staffed and at the end of the third quarter and remain fully staffed at this time. Ten new officers graduated from our Basic Law Enforcement Training Academy, BLET in July. We currently have 10 recruits in BLET Academy that started in August. We had 14 vacancies in our non-sworn positions at the end of the third quarter. Many of those positions are in the process of being filled at this time. We had another successful National Night Out Celebration this year with more than 100 communities participating. We were recently notified that this year the National Association of Town Watch ranked Durham Police Department 13th out of 132 similar-sized cities across the nation competing for National Night Out honors. This year we celebrated the 30th anniversary of National Night Out along with the 30th birthday of Durham's crime stoppers. And like you said, Mr. Mayor, a lot of good things are happening in the City of Durham. The Durham Police Department has been participating in several community outreach and safety initiatives during this holiday season. On Saturday, December 7th, more than 60 officers gathered at the target on Durham Chapel Hill Boulevard to help 40 children shop for Christmas gifts. The fraternal order of police provided funding for the shopping spree. Our community resource unit will be conducting shopping sweeps throughout the City to alert shoppers about careless behaviors that might attract thieves such as leaving purses and shopping carts and leaving gift items in plain view in vehicles. On Thursday, Central District officers provided a holiday lunch and entertainment for residents of the Hose Ream Mill Apartments at 804 Andrew Avenue. Bicycle officers Lee Morton and Bala Kehalua played guitar and sang holiday songs as well as original songs for the residents. During this month, officers throughout the City will be helping those less fortunate by buying gifts, holding coat drives and coordinating holiday meals. I want to end this presentation by discussing our recent Kalea Gold Standard Assessment Award. Our department is the first and only department with more than 300 employees in North Carolina to achieve this distinction and this places the Durham Police Department in a higher tier among accredited agencies. This assessment focused more on departmental practices versus just policy compliance. We have maintained continuous Kalea accreditation since 1991 and received a notorious award for our efforts. Two of our department's innovative programs were highlighted at the recent National Kalea Conference. Employees made presentations about our residential awareness program which is part of our intelligence-led policing initiatives and also our police training officers program were very pleased to be able to share some of our successful programs with other law enforcement agencies. Also, in October, our forensic sciences services unit became the first agency in the State to receive accreditation under ISO, IEC standards which is specific to inspection units and are now used to certify crime scene units in crime lab sections for forensic testing. Thank you. Thank you, Chief. Before I hear comments from Councilmen as I have, we have one person that wanted to speak on this item. I want to allow two minutes on this, Mr. Victoria Peterson, 9 and 14. Mr. Peterson. I'm not sure, Mr. Mayor, but one of the questions I'd like to just ask in the police chief's report, he has here for domestic violent crimes. You have murder rate robbery. I'm not sure if that's an accident, how that is done on this page, but it looks like you have here, as I read this this year, over 355 domestic violent crime. So, made me somebody, I think this is probably a mistake, how this is headed up on the top. But Mr. Mayor, we've got a serious problem going on here in this city. And the mayor knows I have spoken to him privately, and when I talk to him privately, I don't mind having, I don't have a problem in saying that publicly. I have spoken to numerous persons in this community. I'm going to ask the city council publicly what I've asked the mayor privately. We've got to get a new police chief in this community. We've had too many murders, too many deaths, too many shootings going on in this community, particularly in the African-American community. I was talking to someone on the phone today, over the last probably what, 48 hours, we've had two murders, another death by motor vehicles, and two other persons shot in this community. By the end of this year, so far I believe it's over 30 some persons in this city, just the city alone, that we have had murdered. And Mr. Davis, you're the new person on the block. With this community has to address the crime problem. I think all the programs that the police chief is doing, I think what his officers are great, but that is not helping the people that live in my community, particularly the African-American community. And now we have some problems going on with the Latino community. And I just want to say this, and I think I said this to Steve Shul. This police chief is costing us money. Every one of those deaths, those persons are going to be hiring law, they are going to be hiring attorneys. It's going to cost this community monies, and we've got to address that. I know Mr. Mayor, you want me to sit down and down. Well, please. You have two minutes. I think you made your point very clearly. So you had two minutes and it's on the record. Well, I would love to get another minute, Mr. Mayor. I know you would, but we're not going to do it tonight, Ms. Peterson. We've got two minutes. Thank you. You made your point. You made your point. Thank you. And thank you, sir. Quite welcome. Let me ask other comments or questions by members of the council on the report. Recognize Councilman Schuhl, Councilman Davis. And are you pointing this away? Well, I'll just tell them what that's going to be. Oh, okay. Recognize Councilman Schuhl. Thank you, Mr. Mayor. I wanted to first say to the chief and members of the department that it's great to see that our crime rate is continuing to go down and the lowest rate in 14 years is great work. And so thank you to you and your staff. I also wanted to use this opportunity to talk a little bit about some of the issues that have been swirling around our police department that I think we all need to. I don't think we ought to let the report go by without at least acknowledging and talking about a little bit, chief. So I'm going to make some remarks and I'm not asking you to respond to them, but I've been spending a lot of time thinking about these issues lately. And in the last couple weeks, I've tried to kind of re-educate myself a little bit about our police and what we're doing. I attended another CompStat meeting, which is an amazing experience where our officers our command staff, our captains do this tremendous job of going through all of the details of crime in each district in Durham. And I know the department is trying to think of a way to bring this to a wider public. There's a lot of confidential information there, but I hope we can do that, chief, because it is such an impressive thing. I rode with an officer recently, Officer Hayes in District 3 one recent Saturday night. I've been reading the documentation that Fade has offered of statistics about our police department's traffic stops and searches. I've been reading our police department's very thorough responses to those. Tended to vigil recently for a homicide victim organized by the Religious Coalition for Nonviolent Durham. And I try to go to them those when I can. I attended the chief's press conference recently and spoke there to both Chief Smith and Chief Marsh. And I've been speaking to people who've been working with the Huerta family, including those who simply want to figure out a way to raise the funds to get Hayes's Huerta a burial. Today I took a long walk with my colleague Don Moffitt and battled around a lot of these issues and Don helped me think about it a lot. So I say all this just to assure our community and our police department that all of us up here take these issues very, very seriously. And I know that all of my colleagues share the same concerns that I have. All this thinking hasn't given me anything profound to say or anything definitive, but I do have a few observations I want to offer. And first and foremost is this. The Durham Police Department is an excellent department filled with men and women, black, white, and Hispanic who care deeply about our community both its safety and its general welfare. I rode with one of them two weeks ago and let me tell you just a little bit about that ride. Riding with Officer Hayes, I think most of all I was impressed with the many and various things a police officer has called to do during five hours on the average Saturday night. Officer Hayes was very proactive, both in responding to assignments he received over the radio and in directed patrols that he initiated on his own. He encountered several situations in which he made wise and careful decisions. He worked in close communication with his squad. He was called upon to move from one end of District 3 to another and he did so with excellent knowledge of the territory. I think few people understand, I know I certainly didn't fully understand the community care function of a police officer which on this night was almost as important as the crime fighting function. We went to a scene where a toddler had been found out in the middle of the street and Officer Hayes helped someone try to stop harassing phone calls and when he ended the night pushing a stalled motorist car into a parking lot off of Duke Street at about 1130 and it was really cold and I do want to say that I did help push. On at least one occasion Officer Hayes was clearly in what could have been a dangerous situation and he handled it with an eye towards both safety for himself and for the other people involved and with getting the job done. Of course one thing I had an eye out for was whether or not there was any profiling going on that I could spot at least in this one situation and I can say without a scintilla of doubt that Officer Hayes didn't profile anyone or even consider it. In the dark of the night he was doing his job without regard for race or ethnicity. This is the kind of job that the vast majority of our police force is doing every day and by and large our department has the strong support of our community. Mainly our community regards our police officers as friends as helpers as protectors and they want more not less policing in their neighborhoods. That is what I continually hear from our packs and neighborhood groups across the city. Second I want to be clear at the same time that I take the concerns of the community very seriously. I was very concerned when I read the statistics compiled by Fade and its allies about traffic stops and searches. I want to make sure and all of us do that there is not a hint not a hint of racial discrimination in the work of our police department. I also want to say that the work of Fade and others has started as sometimes painful but still useful conversation in the community at large and the city government in particular about these very very important issues of discrimination. I've been impressed by the good work of Chief Marsh and others in the department who have responded so fully and carefully to the statistics compiled by Fade and I want to thank the mayor for starting us down what I think is a very good process centered now at the Human Relations Commission and soon coming to us at the city council. During this process I think it's critical that all of us on council and in the police department give up any defensiveness we might have about these issues. If we're going to improve as a city in a police department we've got to face any charges about bias or police misconduct with an open ear and an open heart. I know that's hard when we're under attack but it's necessary if we're going to make positive change and along these lines I was really impressed with the conclusions of a report just sent to the Human Relations Commission which Don Moffett shared with me today and I can see from this that the department is already taking important steps to examine itself and to change just a couple of those conclusions that from the department we are now trying to develop a method of analyzing our officers individual traffic stop data more closely and to review that annually to ensure that our officers are complying with our prohibition on bias based policing that's a great thing chief it's a great thing second we are actively researching training to supplement the state mandated diversity training and there's more about that that's a great thing and very important third it was discovered that discovered the complainers don't really know what officers are actually when that officers are actually disciplined when complaints are sustained and then there's discussion here about how to do that and fourth we're actively working on a protocol that will allow us to release some facts and information regarding critical incidents a little sooner in certain situations those are all really good things and this is impressive to me the openness to change which it represents is just what we need and it's the right approach let's see what other cities are doing who are doing the best job of this let's look for solutions for changes in our processes that can help us improve as good as our police department is in so many ways we can all improve let's give our department the encouragement to do so and finally I want to say a word about the process we're undergoing to give our community information about three cases before us the case of Jose Ocampo the case of Derek Walker and the case of Jesus Huerta Eugene Brown has already made what I think is the critical observation here that I want to second one of our big problems is the disgraceful underfunding by the state legislature of the SBIs forensic office this does not only affect investigations of our police-related shootings it affects the entire list of violent cases in this whole state there are people languishing in jail right now all over North Carolina awaiting trial far too long because the legislature has neglected its duty to adequately fund our justice system including especially the FBI labs and I really want to thank Gene for beating that drum so given that reality of the FBI lab we've got to figure out a different way to inform our public I understand the need not to undermine the SBIs independent investigation I understand that need but at the same time in all these cases we've got to figure out a way that we can inform our public of key facts much sooner this is critical if our police department is going to keep and maintain the confidence of the public in its truthfulness and transparency these are incredibly important assets the faith that the public has in our police department truthfulness and transparency and we must not squander them I'm not exactly sure how this might occur but I know that it has to far far too many people have talked to me in the past two weeks about the failure of the city to come forward with enough information in the very sad and tragic case of Jesus Huerta people want to know how he could have killed himself while in handcuffs and we have to explain how that could have happened we have to do a better job of that and people want to know the truth about why he was able to have a gun in a police car in the police headquarters parking lot while handcuffed we have to let the people know what happened in that case and that let the chips fall where they may if a terrible mistake was made that contributed to the tragic death of a young man that truth must come out I urge our city manager in the top brass in the department and our city attorney who I know has an important role in these decisions to figure out a way to get that full truth out right away and as for the other investigations I know that Mayor Bell and our city manager have been on the phone to the state department of justice talking to top people there and urging them to get this process moving the SBI's failure jeopardizes the confidence of our community and I thank the mayor and the city manager for trying to move this along Mr. Mayor, last week I had another discussion with Irene Duenel who is on the staff of Threshold the day center for mentally ill people in Durham Irene sang the praises of our police department and specifically the community intervention training, which I know is so dear to your heart chief the program that many officers undergo to understand the special situations of the mentally ill they frequently encounter on the street part of this training is at threshold and on the days that the officers are at threshold there as many as 30 of them at any one time Irene said that she's tremendously impressed with what she calls the 100% commitment of our department to the CIT program and she believes that is working she reported that she had two recent instances where officers were needed to respond to an incident she called CIT and CIT successfully intervened without escalation in very difficult situations instead of ending up in handcuffs both of these people ended up at Durham access instead that is great police work there's so much going on so much of that going on every single day in Durham that great police work let's figure out a way to make that the story on the top of everyone's mind in Durham not by a public relations campaign but because we've responded non-defensively and constructively to the criticisms of Fade and others and changed when we needed to change and because we have done whatever it takes to get the truth out to our community about the controversial cases occupying the headlines and because we have faced that truth head on whatever it is and dealt with the consequences however difficult they might be thank you Mr. Mayor thank you Steve thanks for that those comments I think they were all constructed you hit a lot of key points and I may have some comments but I'm going to move to Councilman Davis at this point thank you Mr. Mayor the comments that Steve Schull has given just really anything I would say would be just reiterating what he's done and said and the research he's done but I would hope that in addition to what he said we can give the community of Durham a sense of the transparency that is going on and desired by the community from the police department and that we given the opportunity to know what the protocols are of the police department when it comes to situations like Mr. Walkers down at the plaza the recent issue with a person being handcuffed and still being able to kill himself and the recent death of a Mr. Taylor who was in bed and was killed by stray bullets I think the community is being very very patient when it comes to the answers that are needed and the protocols that are utilized by the police department so that so that people can recognize that the good work that you've shared tonight Chief is reinforced and recognized and praised rather than being criticized in spite of those good things that you reported on some of these things have been lingering for months and I know that we don't want to rush to judgment and we want to allow the investigations to go forward but too many of them have occurred too often and without the kind of transparency that did citizens of Durham deserve thank you Mr. Mayor thank you any other comments on this item Chief Allen if you have any comments you want to make before that I recognize Councilman Markin excuse me I just want to take a moment and let people know that there's a lot of information now on the city's website on many of the issues that council member Shul was just talking about it's a little complicated I know people are watching at home I'm going to tell you how to get to it so that people can find it I'm just spending a minute making sure I knew how to get there what you'll find there are 24 documents right now they come from the initial community listening session that the Human Relations Commission held as well as subsequent responses by the police department so there's a lot of information that people can access if they're interested in actually going to some of the source material the way you get there is go to the city's website DurhamNC.gov on the left side there's a link called Inside City Hall under that City Departments Neighborhood Improvement Services when you get there on the right side you'll find a link for Human Relations and under that the fourth heading is News and Information and the link under that under News and Information is for all of these documents so I just want to make everyone aware that that information is on the website and people can do further research if they want the Human Relations Commission is doing a really good work I think they have at least five meetings scheduled in January and February to continue their work on this I've seen that the civilian police review board is holding a listening session as well so a lot of work is underway and I think it's all to the good Chief Yes, we also have information on our website we also are on Facebook we put all those reports out also we're working with the SBI in order to see about getting the information out I have to say that sometimes the information is not there and so we cannot put it out as a matter of fact many a times we have to make sure that it's factual before we put it out because we're held accountable for what we say and at the same point in time we're working very closely with this community and as far as the young man who was shot when he was sleeping I think the community needs to get outraged about these things I really think they should get angry and not wait for my answer the answer is on the street it's inside the community and the community needs to come forward and let us know what happened there because they're the ones who are going to be able to solve that and assist us as far as violence that's occurring in the city of Durham we need this community to help us it can't be the police all the time and I'm very fortunate to have a city where the majority of the community really works with the police department and really makes it happen that's the only way I can give you those low numbers that's just the reality of it all and to expect the police department or the police chief to solve it all I don't think that that's a reasonable thing to expect but I will continue for as long as I'm here hopefully four more to give you the best police department possible and I'm fortunate to have an organization that have men and women who care about this community and they're going to go out there every day in spite of so thank you I also am fortunate to have a council that totally supports this organization and also a city manager who really works with us on a day-to-day basis in reference to it to make this not only the best police department in the world but also part of the best city in the world thank you thank you chief let me say that again I appreciate fully the comments that our council was sure made with regard to this whole issue in terms of crime our police department to transparency but it's no going on in this council that has no reason not to be transparent about these issues none of us were at any of these events that occurred that I'm aware of so we don't know and we have to depend on professionals who are given a responsibility for solving these crimes and as Steve has indicated I was on the phone with the state attorney general along with the city manager a couple of weeks ago along with the director of SBI and we impressed upon them very strongly how important it was that we come to they come to some type of resolution on these issues that were before them and they understood well what the concerns were in fact the director of the state SBI's family lives in Durham so he understands he understands what we're going through and he has no reason not to do anything other but it's a lot of components and trying to bring the issues to some type of resolution it's not only the SBI when you have homicides you have the chief medical examiner chief medical examiner is out of the department of HHS it's not with the SBI so they have to depend on those results to come in as you probably know there were some issues that were going on with the medical examiner's office recently and so I'm sure there was a certain amount of cautious that was going on to make sure they had it right with whatever they present to us then there's the district attorney's office who will be ultimately charged with trying to bring trying any of these crimes to come forward I've been here long enough to know that you don't want to arrest the judgment on these issues no matter how important they are you don't want to arrest the judgment none of us are crime solvers we have probably our own thoughts about how things happen but that isn't who people are going to rely on they're going to rely on what has been reported to us from the SBI the chief medical examiner's office the police department and the district attorney's office and we can't make any of these things happen any quicker than we're trying to do but there's no reason that we don't want to be transparent and I'll be the first to say that once those reports come out that if we find that we're misdeeds or misactions taken by our police department I'll be the first to stand up to say to the city manager we've got to fix that and it's up to the city manager to know how to fix it but until that's proven I don't want to judge the police I don't want to judge SBI I don't want to judge the chief medical officer I don't want to judge the DA what I want to do is continue to stress to them the importance of completing their report and as an independent way and as an objective way as possible so we can get to the bottom of these issues and I know they've heard the message I have no reason to believe that they aren't working earnestly to try to bring these results in but until that happens you're going to have to trust you don't have to trust but I'm asking you to trust the city council to start with because we have no reason to hide anything no reason to hide anything and we won't hide anything but we do have a reason to be professional and ethical about what we do and what we say on very serious matters such as this you just heard the crime report what you heard is that violent crime is down based on the reports it's given it's down because aggravated assaults are down when we look at violent crime in this community is robbery aggravated assaults rape and homicides and homicides are a very small portion of violent crime numbers but they get the most attention and I understand why that's the ultimate crime if you look at what is happening on these violent crimes issues that we have aggravated assaults domestic I mean that's something that it's hard to deal with as a police officer as an individual because it's between individuals you don't sleep we don't sleep with people we don't know what goes on people's houses we don't want there to stop those things but you know aggravated assaults domestically about 18 percent of violent crimes in this community when I look at what's happening with some of our young people and where they are involved in it 46 of those 1100 plus violent crimes were committed by teens 16 years or less so and when we look at homicides when we look at aggravated assaults particularly homicides the fact of the matter is the the vast majority of it is black on black crimes now I don't care what people want to say about the police targeting or doing whatever they're black on black crimes and we've got to find a way to deal with that we've got to find a way to deal with that when you look at the further you look at the age groups they typically persons 24 years are younger we know what that we know what that category is we have all types of programs who are trying to target 14 to 24 years of age students to try to find ways to move them in a different direction but it takes time so we aren't unmindful of where the issues are what we're saying is we don't have all the solutions the police doesn't have all the solutions it's gonna have to be a community to be and the point I made earlier this evening about talking about what happens to the Johnny Boards and Girls Club where people are tinkering you know young kids into their wings and mentoring them we've got to have a lot more of that to happen in this community but Durham isn't unique either Durham is not unique either I mean I was just on a program this past Saturday WRAO and I had um an awesome dollar a representative the budget right for the house was on the program and obviously we're talking about things that happened at the Sandy Hook but one of the points that I tried to make and Nelson Dollar backed it up is you know a lot of these issues are mental but we're doing things in Durham I mean the comments that Steve made about how many times you see the police officer directing them to mental health help rather than putting them in jail those things are important but we don't hear enough about that but it's happening in Durham I think Durham is making great progress but not for that we will be far worse off so again I would just say I understand the patience that people have I certainly understand the families of victims of in these cases but there's a process and I would hope that you would allow the process to go through and trust that this city council wants it done as quickly as possible but we want it done right we want it done right so if there are no further comments again chief I appreciate your report you said you want to be here four more years that's up to the city manager but we'll see what that takes us okay thank you thank you the next item is item 15 general business agenda public hearings item 15 is consolidate and annexation Oaks at Lyons Farm good evening I'm Scott Whiteman with the planning department first let me state for the record that notification has been provided and affidavits are in files required by law for all of the planning department public hearing items tonight this item is three separate actions by city council related to the annexation of the Oaks at Lyons Farm development first a utility extension agreement has been requested by B. Wallace Holmes to serve the development the public works and water management departments have performed a utility impact analysis and determine that adequate sewer and water capacity is available a voluntary petition for contiguous annexation has also been submitted by the property owner for the site the budget management services department has performed a physical impact analysis based on the most intense permitted use within the permitted initial zoning and the analysis projects that estimated revenues will exceed estimated expenditures immediately upon annexation pursuant to state law the city council is required to apply an initial zoning to newly annexed territory staff is recommending an initial zoning of rural residential for the subject property which will permit up to 17 single family dwelling units the staff recommends that the council prove the extension agreement voluntary annexation and the initial zoning for the Oaks-At-Lines farm I can refer to staff report this is a public hearing I'll declare the public hearing to be open and I have two persons that have signed speak on item 15 Gerard is that Edens is that correct and Jeff Docher let me ask are there persons that want to speak against this public hearing item I need to know in terms of allocating amount you do and your name is okay let's start off with 10 minutes on this side and 10 minutes on the other side thank you thank you mayor Gerard Edens with Edens Land Corp I'll be brief I appreciate your consideration of our request annexed this is approximately 9.4 acres on Scott King Road I believe council within the last couple years annexed the property directly adjacent to this site so it is contiguous on most of the sides just want to point out briefly we did our staff to look at the additional number of school children that would be generated by school children being generated we don't generate school children but we looked at the additional number of kids that would result from a 17-unit development as compared to the nine lots that the county zoning allows and it's an additional three students so I would like to offer up that prior to the first CO issuance on the property that we would pay make a contribution of $1,500 that's $500 per child to the Durham public schools as part of our request again I'd be glad to answer any questions you have but I'll stop there thank you you're welcome are there questions by council or the opponent if not recognize Mr. Jeff Docher Mr. Mayor just for reference I have copies of the site plan that Mr. Eden has given me an email copy of can I submit that to the board for just for viewing during my discussion thank you so Mr. Mayor and City Council thank you for giving me the opportunity here to speak about this proposed annexation and my name is Jeff Docher I live at 106 Silver Pine Court in Lyons Farm Lyons Farm is a subdivision directly adjacent to the proposed property to be developed or ultimately to be annexed just a little background so Mr. Eden's had had actually a public information session I guess in July of this year and as somebody who's a single income household middle middle class family I was unable to attend because I received notification approximately eight days prior to the meeting so I took the email address that I had from Mr. Eden's reached out to him and he was nice enough to give me probably about 45 minutes of time on the phone to talk about this property and I'm very grateful for that opportunity the reason I rise in opposition is is for as on behalf of myself and the other 10 residents of Silver Pine Court which is the street that will ultimately be adjacent to this property is that the lack of consideration that Mr. Eden's and Eden's land Development Corp gave to us with our regards regarding our concerns to this property and the concerns are fairly straightforward when you look at the map in front of you there is one entrance to the developed property and that's coming from Silk Tree Lane I live on Silver Pine Court I live adjacent to Silk Tree Lane we knew eventually when we moved into this neighborhood that some development would be there we welcome that opportunity we welcome the addition of new neighbors to our community all right because we have half a dozen families with kids on the street it's a great opportunity it's a great neighborhood the problem is is that Mr. Eden does not building an entrance that will go out onto Scott King Road okay and so what happens is a hundred percent of that traffic is going to come through our little 100 neighbor 100 house neighborhood known as Lions Farm middle-class families like I said we know we knew there was going to be a street eventually but we didn't anticipate because there is an entrance onto the property right now because the house exists on this lot there is a driveway from Scott King Road but the developer is proposing to eliminate that to maximize the profit on what so and again Mr. Eden's was really nice and gave me a lot of time to talk about this found out from him he used to work for the city county planning department he knows all the nuances of what goes on and that's great because it gave me a lot of insight of information that I didn't really know and quite frankly raising a couple of kids I don't have time to know a lot of that stuff but the problem here is that if there's 100 percent of that traffic is going to go down that street the quality of life for the residents of that section of the neighborhood goes dramatically down hill we can't play in the street anymore we can't have the traffic the construction and the while they're building the development there was even no assurances that that traffic would go directly onto the property from Scott King as opposed to coming through traversing our neighborhood now maybe it may end up being that way that they will use Scott King Road but they haven't informed us after our discussion I asked for his consideration and consultation he said with his partners and that was July 18th and now it's December 16th I'm still waiting for a response so and I think the interesting thing has and he made one of the reasons he said talking about the public information session he made it very clear to me that they were under no obligation to take any feedback or any input from the Jason community into their consideration I was kind of flabbergasted quite frankly when I heard that discussion I was downright flabbergasted because you could have it's all window dressing that and at a time went on the national level this community thinks that Washington doesn't hear us so they just do their own thing and we're all we all look at at politics we look at government national state and now even local government at least in my eyes with a jaded eye because he worked city county planning department he's got the friends he's got the connections internally and this is just going to glide right in and it's it's very disheartening quite frankly I was a former president of the HOA Association for Lions Farm and we have a member of the HOA board who's also in the audience Hunter Metz right now the the concern here is again we want this property to be developed we want new neighbors but there's 17 lots on there and you know what it would cost about 90 to 100 grand in profit for him to take one house away and have an entrance on Scott King Road so it's going to hurt their profit he also commented to me that they're going to have to pay potentially a turning lane so that would be another 75 or 100 grand or so whatever the cost of that is but all we're trying to do here is to preserve the quality of life of the families that are already there we want neighbors we knew there would be development we welcome it we welcome it but all we're asking the developer to do is to allow an additional entrance from Scott King Road so 100% of the traffic doesn't have to traverse our little cul-de-sac there our little dead-end street where we have young kids that are playing with street come by there anybody Mr. Davis you are you have word too come every any Saturday or Sunday when it's above 32 degrees in the sunset you're going to see half a dozen kids playing around so I'm sure there's a much more polished way I could have come up here and talked about this issue but all I'm asking you to do is is to at least postpone this or send it back to the city county planning department for another proposal to make sure that this developer maybe takes a little bit out of their profit but just to give us the quality of life that we deserve that's all thank you other comments from the council as a proponent have comments that you want to make I said you have any comments you want to make you have how many times you have nine minutes you've heard the opponents comments relative to this proposal do you have any comments relative to that I appreciate the opportunity to respond one I've never worked for the city county planning department and this gentleman and we may have different recollections of our conversations several months ago but the design that's been printed presented before you is a conservation subdivision it's a 50% open space development so of 9.4 acres we're going to have about 4.7 acres of permanent tree coverage and much of that buffer is behind the lots that are on the street that this gentleman lives on so there was definitely consideration taken into the neighbors with our design because we've put the homes the proposed homes as far away from this adjacent neighborhood as we possibly can they're right up against the stream buffer as far as connecting to Scott King Road a connection to Scott King Road does not void the need to extend the debt in street that is there now I mean I understand that children play in streets I have two young kids too but my kids play in my yard they don't play in the street so I understand that that's a convenience that may be foregone or sacrificed a good bit by this connection but the connection is going to be made regardless of what happens on site NCDOT does not like multiple connections to state maintained roads an additional connection to Scott King Road for 17 lots when there's a stub to the property currently just doesn't make sense the area where the connection would go to Scott King Road is directly where a lot of this tree coverage area is located with the design so in my obviously biased opinion I think that that 4.7 acres of tree coverage out of 9.4 acres with 17 lots is a minimal impact to the neighborhood and I would appreciate your support thank you are there other questions anyone else that wants to speak on this item this is a public hearing Councilman Brown I was going to close the public hearing but good I want to find out is anyone else who wants to speak on this item if not you do how much time do you have does he have he has three minutes you have three minutes I would just offer that I have no agenda I do live in the neighborhood I'm not asking for any preferential treatment from the city or the county commission or the planning department all I'm reiterating is a conversation that I had with this gentleman on the phone so I assume that the commentary that he provided to me was accurate I have no need to falsify my information or lie to any of you if you know and again we knew there was going to be an entrance to our neighborhood and we welcome that because that's an opportunity for my kids to meet new kids in the neighborhood so we knew that that street would eventually connect to another neighborhood that's fine we're just asking the city to request that the developer have a second entrance on the main road like every other development has in this vicinity by area of war too that's all and it's going to cost him one house on the lot one house thank you could I ask you one question I know you said you didn't want you have no reason to falsify who told you he worked for the city I had a conversation with this gentleman on the phone in July because I was unable to attend the public information meeting I travel I cover the southeast for my in my business and I was unable to attend which is why I reached out to him via email on the letter that was sent to our neighborhood but did he tell you he worked for the city yes said he had worked with the city and county planning department or worked with the city that's what oh not worked for the city okay I understand we're talking about a conversation from the middle of July this year I just need to get a clarification work with and work for two good things for me but I understand does anyone else that wants to speak on this item if not I'm going to declare the public opinion to be closed no one else has to speak as a matter of fact before the council recognize councilman brown thank you Mr. Mayor I'd like to ask staff Scott King Road is that that is a state maintained road yes councilmember brown that is a state maintained road all right so that makes it more problematic and the MCDOT would have to approve any access to that road can you say that the MCDOT would have to approve any access to that to Scott King Road and what's your prediction in terms of two factors one would be time well let someone from city transportation answer that one good evening Wesley param assistant director of transportation I don't recall this specifically coming up during the preliminary review of the case but my suspicion is that if DOT were to allow the connection they would also require the construction of a left turn lane into the site so it would not be just the connection or the additional street connection but also the associated cost with the widening for a left turn lane also recall there are sections along Scott King Road that have a lot of hills we call them vertical curves and those also may require more significant adjustments to Scott King Road to ensure a proper site distance for any intersection that may be extended out of the subdivision to the south so I cannot say that DOT would not allow it but I'm certain that the the cost of doing so is going to go beyond just simply tying a street in it's going to require the additional improvements on Scott King Road to make a proper site distance provisions and for a left turn lane okay so it would what you're telling us is that it would be problematic for to get the state to prove on and also costly it's going to be costly it's they'll be cost associated with it and it would still be subject to their concurrence to allow this to happen but I don't think it's impossible either okay thank you recognize councilman Davis um I'd like to find out about the process of developers going into neighborhoods and having dialogue with community folks the statement was made that there's nothing binding about that is there any can you tell me what the protocols are for the discussion the dialogue and any recommendation that may may not come from the community there are certain types of cases which do require the developer applicant to hold a neighborhood meeting before submitting the case typically larger rezonings or any amendment to the comprehensive plan this is at this point this was only an annexation request which does not require neighborhood meeting what the applicant did was purely on his own okay purely on his own all right thank you it because it's a conservation subdivision does it not have to have a hearing I mean I'm sorry a public meeting Steve Madeline with the Durham City County Planning Department conservation subdivisions are actually an administrative evaluation and approval which means that the application would be reviewed at the staff level and found to be technically compliant would be approved at that level other questions comments on this item not entertain a motion on the item I move the staff's recommendation or do I have to be more explicit Mr. Attorney do I need to say something else typically you you'd move the item that's in front of you okay I move the item it's been proper to move the second just for clarification Mr. Mayor that would include a revision to the extension agreement to include the voluntary donation to the Durham Public Schools that the applicant offered that's a part of our motion except that second except that they're in for the discussion on the motion hearing none called to question Madam Clerk will you open the vote close the vote it passes seven is zero thank you unless 16 consolidated annexation Richmond Park this item is three separate actions by the city council related to the annexation of the Richmond Park development there is a utility extension agreement that has been requested by Green all of investments to serve the development the public works department has performed a utility impact analysis and determined that that adequate sewer and water capacity is available a voluntary petition for contiguous annexation has also been submitted by the property owner for the site the budget management services department has performed a fiscal impact analysis and determined that revenues will exceed expenditures immediately upon annexation pursuant to state law the city council is required to apply an initial zoning to the newly annexed property staff is recommending that initial zoning of rs 10 with a development plan for the subject property which would permit up to single 16 single family units the staff recommends that the council approve the extension agreement voluntary annexation and initial zoning for this site again this is a public hearing I will declare the public hearing to be open I would ask first other questions of comments by members of the council if not I have one person that is signed up to speak Michael Birch is there anyone else that wants to speak on this item had you signed up had you signed up okay if you don't mind if you could go to the podium and might I ask are you in support of our opposition to that okay let's start with the proponents and again if you take 10 minutes and opponents have 10 minutes on that yes sir mr mayor and members of council my name is Michael Birch with morning star law group in Durham I'm here on behalf of the property owner an applicant Green Olive Investments LLC also with me tonight is Randy Miller of Thompson and Associates the project engineer so if there are any technical questions I'll try and defer those to the to the expert first I want to thank staff and Scott in particular for getting us to this point in the process this project was approved by the county in 2009 it was actually a 16 lots subdivision at that time in the rs-10 district what we're bringing forward today as a condition of that plan it required annexation into the city so that's the process we're going through now annexation the initial zoning and the development plan approval this plan is actually one lot less than the 16 lot subdivision that was approved by the county in 2009 so we're just we're just proposing 15 single families attached lots the plan is carrying forward all of the committed elements that were agreed to and approved in 2009 as well that includes all of the transition areas open space areas setbacks all of those things are being carried forward exactly as they were in the 2009 plan and as staff noted this request is consistent with the city's comprehensive plan I do want to note just in our conversations with some of the folks that live in the nearby area I want to just touch on one topic in particular and that storm water impacts this site because it's in the Jordan Lake areas limited to 24 percent impervious surface that includes the new road that's will be constructed as well as all of the residential lots so we're restricted to 24 percent impervious we are also controlling for the one two and 10 year storm events and through some additional analysis with staff during this process we also did some analysis on the 100 year storm event we are reducing the post development storm water rates and volumes are all less post development than they are pre development that's for all those storm events including the 100 year storm what we're doing is currently there's a little drainage ditch that all the water from that whole site including a portion of granddale road drains across that site it comes into the ditch and point discharges into a stream behind one of our adjacent property owners residences now what we're doing is we're diverting all of our site and a portion of the drainage off of granddale road into our storm detention facility putting it into a wet pond detaining it for two to three days so after that first flush some infiltration will occur then and then as it draws down it will be sent over a 100 foot long level spreader some infiltration will occur there and it will then be sent across a 50 foot buffer adjacent to the stream so we're going to be reducing the amount of volume that's going to run into the stream we're going to be putting it over a longer area we're going to be putting it in over a much longer period of time at a much slower rate reducing the storm water impacts both to our adjacent neighbor and downstream and I just wanted to highlight that that's something that again we've spent a lot of time and analysis on throughout this process in conjunction with the city's storm water and engineering division as well if there's any technical questions again I'll we have the project engineer here to answer any questions you may have so thank you you're welcome we have one person is speaking in opposition to this item I recognize Mr. Robert Stewart is this the correct Robert Stewart do I have the wrong name here? Robert Shunk Stewart oh okay Richard Park and Matthew Oh Wilson is that correct? Willis okay I'm sorry about that Mr. Willis again let me ask is it anyone else that wants to speak in opposition to this item I'm trying to in opposition all right the opposition has 10 minutes not 10 minutes each but a total of 10 thank you Mr. Wilson Mr. Mayor members of the council thank you I've never been here before so not quite sure familiar with your procedures but I'll do the best I can it looks like I haven't been here before either where I'm screwing these things right go ahead well I think you're probably more familiar with this than I am I'm the gentleman that Mr. Birch referred to as the concurrent homeowner and I have spoken with Mr. Birch and it has been as far as I know an amicable series of conversations I'm on the site plan I assume all of you folks have this site plan that we're talking about here and I'm where it says 52M says M.B. Willis I don't know where the B came from but it's M.D. for David anyway the ditch that Mr. Birch refers to which I've walked through runs contiguously it's a naturally made by nature drainage ditch that flows through the entire piece of property they're going to develop and it's not a stream because it's not continuously flowing it's only a drainage ditch when it rains I assume most of us probably remember this past April where we had either 24 or 25 days of continuous rain out of 30 days in the month that stream that ditch became a river and it flowed so much that it actually encroached up into my backyard and caused me a great deal of alarm shall we say and I called the Grand Hill Homeowners Association because at the same time which Mr. Birch and his people said to me they're not responsible for the drainage on Sutter Ridge Court there's a you know a drainage culvert which empties out into the same area where this ditch empties out into and it's 48 inches and that looked like a broken water main when on some of those days where it was raining I understand the rules that Mr. Birch referred to that they talk about a one or two or five or 10 or 100 year event but they're only referring to one day and nature doesn't work that way nature works in a period of many days and as I said just a minute ago if we look at the past April it rained repeatedly over a series of days weeks in April and his storm analysis as far as the water is concerned only takes them into account because he said that's all he's legally required to do one day well what happens if we have which we will have a repeat of what happened this past April does he in any way take that into account as far as I understand no I asked him he said no so I don't think saying a one day 100 year event is reality based I think it's just a matter of whatever the rules are and that that's what he's using and I understand that he's allowed to do that because those are the rules but nature doesn't work on one day nature works in cycles and as we all know this past April it rained for 24 or 25 days at a 30 and an awful lot more water than they're talking about went through that naturally occurring drainage ditch and I don't think he's planned for that that's number one number two if you look on the very top of the where it says traditional use area here it was my understanding from a phone call with Mr. Birch both this morning and then several days ago that there would be a tree buffer zone where these other lots are and now I was told this morning that there isn't going to be a tree buffer zone and I think one of my neighbors will probably refer to this but these are this area is now in effect becoming the backyards of the houses that he's going to develop and all the trees that are in there on Stonehouse are going to be well could be cut down by the homeowners or by the developers and there would be no trees left so there'd be a fence basically separating the property from the existing neighbors and then there'd be the other neighbors and no trees and I refer to that for two reasons number one you take housing that was the zone the Grand Hill was developed in a certain way there would be a lot of trees around Grand Hill and a lot of those trees will now be removed which will open up a lot of my neighbors backyards into directly now into the new neighbors backyards and of course everybody's entirely have a place to live so that removes the trees but from my point of view trees absorb water and they're going to cut down all of these trees so what's now a very heavily wooded area which is the trees themselves are absorbing and stemming the flow of the water and I'm not a hydrologist but it's it would seem to me as a average person if you cut down most of the trees where all this water is flowing isn't that it will increase the rate of water flow besides for the fact that all of my neighbors are now going to be staring into their neighbors backyards with no trees blocking them there's no buffer left anymore I mean can't there be a way to leave some of these trees which would serve multiple purposes of screening houses neighbor houses from other houses and also slowing the rate of water that would flow out seems to me there ought to be a way to do that so my concerns are twofold and last on that matter and last but not least Mr. Birch said they're going to put a water pond a retention pond which is as you can see on this map literally right next to me it's my understanding that it takes insects 24 to 48 hours to breed Mr. Birch told me that the retention pond would let the water out over a period of three days which means it seems to me that's going to be an awful lot more insect life in right where I live and where other families live and children live is there any way to put some kind of a spray device or something into the pond to alleviate that I mean nobody wants to live next to a pond we're basically stagnant water where you have all kinds of bugs breeding that's going to create a public health hazard so I have several reasons to object to this I'm not in any way opposed to more housing being put in please do not misunderstand me everyone needs a place to live and everybody is certainly entitled to move into a nice new house but it seems to me there should be ways to develop a property that take into the concerns the existing property that's already there that's my point thank you very much for your time you're welcome again we had 10 minutes in opposition opponents Mr. Cheney you have three minutes left on this time thank you very much Charles Cheney age stonehouse court I live in one of the middle lots which would be north of the new development and Mr. Willis and point number two addressed my concern was when I first bought the property a little over a year ago just in general conversation that my understanding that there would be a buffer such as we have in Granddale we have the setback and then the the buffer which would supply some trees which is consistent as Mr. Willis said with the overall environmental picture of the situation when I got this map in the mail I noticed that there was no buffer identified here trees and then on the south side it apparently was a 40 foot buffer my question was just you know why is this situation it could be split 2020 something like that to provide that that buffer situation so Mr. Willis has already discussed that was just a concern as a property owner looking out of my deck straight into the yard thank you very much thank you I would ask the component if you have comments relative to what you've heard and do you have his time six minutes thank you thank you Mr. Mayor I do want to touch on the two points both the storm water and the tree buffer transition issue first with regard to the storm water the stream of the ditch that's on the site the portion of that stream that is a buffered stream is being buffered pursuant to the regulations 50 foot on each side top of bank with an additional 10 foot no build outside of that again we don't have the lot that we removed from the 2009 plan to this plan was one of the lots that had a portion of that buffer area within it we took that away and so we don't have any buildable lots even near that excuse me even near that buffered stream the closest thing to that buffered stream is the storm water detention facility again which is diffusing the flow and not point discharging like it has been and is currently in its undeveloped state I want to reiterate that this development will have no impact on the adjacent property from a storm water standpoint for up to the 100 year storm that is certainly above and beyond what the 2009 plan did I believe that was only up to the 10 year storm possibly the 20 year storm this goes above and beyond that up to the 100 year storm with regard to the location of the storm water detention facility there's really one place we can put it and that's the low point of the site that pond is located approximately 250 to 300 feet from our adjacent properties property line there's another at least 50 feet on his side before he gets to the resident 350 feet from a distance standpoint the two to three day drainage period is really for those larger storm events the amount of time that it takes to get from being able to capture and detain all of that water for that time period to drain down for the really for those larger storm events in order to detain for the 100 year storm we have to size the pond appropriately and so that's going to drive the size and location of the pond and so in order to do all of the downstream protection and attention that we're doing it's got to be sized and it's got to have that drainage period to accommodate that water with regard to the tree buffer issue along the northern property line again just going back to the 2009 plan and the committed elements there was never a tree buffer along our northern property line those tree buffers are driven by zoning and the zoning of adjacent properties so we do have a 40 foot tree buffer area along our southern property line because we're transitioning to an area that's zoned less intense the subdivision to our direct north is of a similar intensity as ours so we do not have that tree buffer on our side however when their development came through of even 2005 four or five this property that we're talking about today was zoned rural residential so they have a 50 foot wide tree buffer area along the backs of their property nothing that we're doing today will impact that 50 foot buffer now within that 50 foot buffer they do have a drainage area that may prevent the location of trees there but there's 15 feet on either side of that 20 foot drainage buffer all along property that they control that is tree save area and that is wooded and that will serve as a buffer with that 50 foot and the 25 foot building set back on our property will have a minimum 75 feet of separation between structures and I want to point out that the transition that we're providing to our north from our setback standpoint is the same transitions that are provided within that subdivision when houses within that subdivision back up to each other they provide the same I believe it's actually a 20 foot setback minimum so again I understand that potentially when they bought this property that it wasn't developed but it's always this property has always been planned to develop there's certainly been an approved development plan on this property since 2009 and I want to reiterate that plan did not include any additional buffer area on this property so with that I have to answer any additional questions other questions if not no you have one we have one person that had signed up and he's got how much time two minutes two minutes Bill Hunt it's Bill Hunt president let's not you have two minutes thank you for allowing me to speak Mr. Mayor and members of the council I want to support the gentleman here and what he had to say I sort of live downstream from where this is taking place and we have a lot of problems with these events with flooding my house is closer to the Army Corps of Engineers and the water tends to really back up under certain conditions it is a fact if you check with the people that deal with water resource management of the state my son works for with North Carolina State and consults on a number of these issues that when you remove the trees you are basically creating more of a problem you're going to create more of a drainage problem it's going to be more water flowing I also want to comment on the gentleman's comment about rain occurring on a specific day he is correct that when you look at a one in 100 year event you can get clusters and he gave a very good example of a series of clusters that were occurring in April and there are equivalencies you can get multiple days with a lot of rainfall that's going to be comparable to one in 100 year flood and the regulations are really not designed to address those those considerations so that's essentially what I have to say I would appreciate if you would use the your combined wisdom to consider these things when it comes to approving this kind of zoning change when it can impact the people that are already there and as I said I live downstream from this and really don't want to see a whole lot more water flowing into my backyard thank you you're welcome I need to make sure I'm looking at the correct map is the one that we have in our tablet correct I'm trying to make make sure I understand another map that he was talking about versus this map that I have which shows tree lines Mr. Mayer the map that's in your packet is what's associated with the development plan which is what would be approved if the council adopts the initial zoning I think what the folks in the audience may be referencing is the site plan that's under review as a separate administrative process which is not in your packet that that's that's a question and we what we've been asked to do this this evening is one to annex some property that's that's the first order of business and our process is that if we and this is voluntary annexation if we annex a piece of property into the city then there's an initial zoning that we can place on and I think we have up to six to days once it's been annexed if we annexed it in fact 31st of December then we have up to 60 days to put the zoning on that property and as I understand what the staff has you want us to if we annex it to accept this zoning which is our 10 with a development plan is that right that's correct okay and then the details that the gentleman was speaking about that comes later when the site plan is actually yes so a lot of those details would be worked out under the site plan review process however that would be an administrative process would not require a any additional city council public hearing so can can you comment on some of the concerns that have been raised by the opponents relative to the tree line I understand the water issue the size of the pond et cetera so when this development plan was originally approved in the by the county commissioners the applicant did show all the required buffers per the unified development ordinance the lots to the south and to the east are zoned rural residential which there is a required buffer in between the rs10 zoning district and the rr zoning district the the grandale lots are zoned pdr plan development residential there is no required boundary buffer between rs10 and those lots because they tend to have a similar types of use and lot size so what what the applicant is doing is come fully compliant with the our ordinance and there are no buffers shown to the west and to the north so if the developer of the applicant were to receive this r10 d zoning that we have before us and then when you went into the details of how he's actually going to lay out the lots he could remove all the trees that the opponents are concerned about yes it is legally permissible for the that developer to do that they would have to have at least 20 percent tree preservation for the entire site but there's no requirement to where exactly that is does the developer have any comments on that is that your intent to remove the trees that the opponents have a concern about sir the the plan that you'll have before you may have the building envelope there I mean that that's an allowable building envelope I don't think there's the intention to need to go out beyond that that's just what's beyond that building envelope is it's kind of someone's backyard again I'm not sure exactly what version of the plan you're looking at whether there's that allowable building envelope there but okay the 25 foot building set back again is not needed at all for building placement or anything I do have a concern about runoff and I understand to a certain extent I'll hands a tire it but you know I would hope that and any development that what the developer does is to try to be as constructive as possible to minimizing excess runoff from their property on to others and if there's a way to do that with this particular development especially as it pertains to the trees I somehow feel more comfortable with that and I I know that's an administrative issue and I'm trying to understand from the staff do you have any comments relative to that Steve could you answer that please Steve my concern is that and I notice this administrative issue relative to what the final layout of the lots will be but my concern is is in a way that we have some kind of insurance that we minimize the removal of trees as has been expressed by the opponents of this in this particular development we don't have this building envelope that the developer talked about so I I don't really know what he's talking about actually you do it's on sheet two of the development plan is where tell me where which one it is and it would be sheet two of the development plan actually shows building envelopes this should be in your package of the development plan well maybe page three on yours I apologize I have a paper copy Mr. Mayor obviously if it is the desire of counsel and if the applicant were so amenable they do have the ability because this is a development plan zoning to be able to proper additional committed elements which means they could proper to retain existing vegetation along that property line if they so chose to do so Mr. Mayor if I oh sorry just just a minute I've heard the staff comment before you respond I see a couple of colleagues have some comments recognize counsel want to ask staff on the development plan on the north side and I don't know where the property line is in the development plan but there's a 50 foot transitional use area with a 20 foot draining achievement which where is that is that a public easement is it belong to the applicant the 50 foot transitional use area is actually within the adjacent subdivision it is not a buffer and I know that it has been referred to as a buffer this evening it is actually just an area that was a component of the unified development ordinance requirements for plan density residential districts which basically said that you could only do in that transitional use area like types of uses that were permissible on the opposite side of that property line and you would have to meet the same mirror setback so in essence because this property at the time was owned probably R.R. they would be allowed to bring all residential units within 25 feet of that property line as long as it did not encroach into any storm drainage easements I'm a little confused so tell me the transitional use area belongs to the individual homeowners who live on the adjacent on stone house that is correct and when I look at an aerial photo of the area I see the houses on stone house have mostly removed a lot of their vegetation and so I'm going to ask you're a resident of stone house or you're a resident of stone house let me ask you you can just nod your head on where you live have you removed the vegetation back to the edge of the transitional use area is there 50 feet left that's vegetated on your property okay there's a but outside of your yard proper there's a 50 foot transitional area that now the transitional use area actually encompasses portions of their lots I have a problem if you if you can speak to councilman who can respond to that they do have who are going to respond to come to the podium and they do I have a question for the applicant are you planning to mass grade or no there should be a note on the plan sheet that says each lot will be graded okay so outside of the building one of the things that you could do that would help us move along I think is that outside of the building envelope vegetation intact on the north side of the building envelopes now I'm not recommending that or there would be a proper that you would make if you were that's something I'll talk to the client about the property owner about one thing I do want to note just I want to make sure I know there's two types of items that we're talking about here these trees both with regard to kind of a transition screening standpoint but also just from a stormwater impact standpoint I want to note that the pond and everything and still detaining for that 100 year storm will take into account all of that site work that's done as a part of the development so I don't want there to be an impression that by removing a tree that we're somehow not accounting for the lack of infiltration that may be associated with that disturbance again that the site disturbance is being considered when doing the stormwater calculations on the site permits further down the road again from a transition standpoint screening standpoint I'll understand and I'll talk to the property owner about that I'm sorry it's the property owner here? yes yeah oh okay I'll see you are you and Steve together on I mean did you have a question also okay I mean Dawn I said Dawn Councilman Marford wants to you to respond that's up to him I'm satisfied with the information I have at the moment are you going to respond sir Mr. Mayor and Council we can commit at this point to again a kind of an undisturbed tree buffer area of 10 feet on our side of the our common property line with the subdivision to the north again the area kind of on the north side again even though it's not a buffer area I know there's a storm drainage I think there is still there is a fence there there's an existing fence between the properties there so Steve did you hear that yes sir I have recorded that the applicant has proffered for council's consideration a preservation of a 10 foot wide tree coverage area adjacent to the northern property line are there further questions from about a council in any in any direction if not I'm going to close the public hearing which I thought I had done but close the public hearing on this matter is now back for the council entertain a motion on item it's been property moved in second it's further questions discussion on item it does no further questions madam clerk were you open about yes no further questions madam clerk were you open about close the well it pants a seven is zero thank you sure I sense a a good deal of frustration in the audience from some of the property owners and I think many of us have served on a joint city county planning committee or worked on the development of the UDO I've been on this council for 10 years and we do quite often have very controversial rezonings but generally residential to residential is not particularly controversial and particularly when you have the exact same density or development next to it so I actually think that the proffer from the applicant in that case was generous and appropriate but I just want you to know that we are we do consider these things carefully and I think that's all I say for now thank you let's move to item 17 consolidated annexation RTP global mission church BDG 13 0 0 0 0 16 this item is three separate actions by the city council related to the annexation of the RTP global mission church site utility extension agreement has been requested by RTP global mission church to serve the development public works the public works department has performed a utility impact analysis and determined that adequate sewer and water capacity is available a voluntary petition for a contiguous annexation has also been submitted by the property owner the budget management services department performed a physical impact analysis and determine that revenues will exceed expenditures on the second year after build out the city council is required to apply an initial zoning to the newly annexed property property and staff is recommending an initial zoning of industrial light or i.l. which would permit the proposed place of worship by right the staff recommends that the council approve the extension agreement voluntary annexation and initial zoning for RTP global mission church thank you this is public hearing you've heard the staff report the public hearing is open I would ask first of the questions comments by members of the council if not we have one person that has signed up to speak as a proponent of this item let me ask the other persons who might want to speak as proponents does anyone want to speak as an hope owner and an oponent if not I'm having problems reading the name that's true level true all right if you can come to the podium and pronounce your name again please for me and since we don't have any other persons speaking on the side if you can limit your comments to three minutes initially okay so my name is Steven Park I'm one of the members of RTP Global Mission Church I'm here to represent our congregation along with Pastor Lee in the audience so I have nothing more to add to the agenda I'm just here to answer any questions if there are any hopefully this is a boring case thank you let me ask other questions of the proponent about a council recognize council Moffitt I'm sorry not the proponent I have a question for staff okay not able to get my connection here I worked on this on adjacent property rezoning when I was on the planning commission my recollection of this site is that it's fairly steeply sloped down running down to a stream am I recollecting it wrong I know there isn't an adjacent stream and I believe there are some slopes okay is that it I guess yes that's it does anyone else want to speak on the side of me before or against let the reflect and no one else has to speak on the side of me before or against I'll declare the public hearing to be closed as a matter of fact for the council move the item it's been properly moved the second madam clerk will you open the vote close the vote you passed a seven zero thank you moved item 18 consolidated annexation Grover Yancey annexation BDG 1300015 this item is three separate actions by city council related to the annexation of the Grover Yancey site a utility extension agreement has been requested by the property owner Grover Yancey to serve the development the public works department has performed a utility impact analysis and determined that adequate sewer and water capacity is available a voluntary petition for non-contiguous annexation has been submitted by the property owner the budget management services department has performed a physical impact analysis and determined that revenues will exceed expenditures immediately upon annexation the city council is required to apply an initial zoning to the newly annexed property and staff is recommending an initial zoning of RS 20 which would allow the development of one single family unit on the property the staff recommends that the council approve the extension agreement voluntary annexation and initial zoning of the Grover Yancey site you've heard the staff report this is a public hearing the public hearing is open I would ask for their comments by members of the council on this item for the staff there's one person that signed a speaker on this item cuff cradle is there anyone else that wants to speak on this cliff cradle okay is anyone else that wants to speak on this item in the floor against not recognized Mr. Cradle you have three minutes I want to thank you all that Mr. Mayor council for taking a look at this this evening this is a single family residential lot it's just on the border of the city limits and they did try to get water and sewer on the site but it's just not big enough to accommodate where it is that's why they're asking for annexation for the utilities for this single family lot and older subdivision and I can answer any questions that you have thank you are there questions by members of the council is anyone else that wants to speak on this item this is being a public hearing that the record reflect that no one else asked to speak I would declare the public hearing to be closed as a matter of fact before the council move the item back it's been properly moved to the second Madam Clerk will you open the vote close the vote it passes 70 move to item 19 thank you very much you're quite welcome move item 19 consolidate annexation changing hearts for changing lives BDG 13-0-0-0-0-17 this item is three separate actions by city council related to the annexation of the changing hearts for changing lives site utility extension agreement has been requested by changing hearts for changing lives to serve the development the public work department has performed a utility impact analysis and determined that adequate sewer and water capacity is available a voluntary petition for contiguous annexation has also been submitted by the property owner for the site the budget management services department did perform a fiscal impact analysis for the proposed use of the site as a place of worship and that determined that estimated revenues would not exceed estimated expenditures within the 10-year analysis timeframe please note the annexation would be effective on December 31, 2013 which is a correction to the motion in your packet the city council is required to apply initial zoning to the newly annexed property staff is recommending an initial zoning of rural residential or RR which would permit the place of worship use subject to approval by the a minor special use permit by the board of adjustment the staff recommends that the council approve the extension agreement voluntary annexation and initial zoning for the changing hearts for changing lives site again this is a public hearing the public hearing is open you've heard the staff report any comments from the council recognize councilwoman katati and councilwoman councilwoman I'm off in another order oops thank you mayor this is really a question for staff there is no development plan on this what do we know about the possible location of entry ways and I mean there's no envelope what can you tell us there is no envelope there is a associated site plan under review and any driveways would have to be approved by the North Carolina Department of Transportation because all the adjacent roadways are outside the city limits my question for staff is I thought I heard you say that you were recommending initial RR zoning and it would prevent the place of worship is that what I heard the RR zoning would allow a place of worship but only if the board of adjustment approved a minor special use permit okay I have one for the question on all these consolidated annexation cases does the planning commission hear any of these zoning recommendations back in 2005 the planning commission passed a resolution recommending approval of any initial zoning if it were the same zoning that were already existing in the county so the planning commission doesn't hear it but it is technically recommend there's a recommendation for approval by the planning commission this is a public hearing we have David Johnson and in case are your proponent or opponent well we'll leave you back for a minute on I have is anyone else who wants to speak in support of this item in support of it okay we have two persons that have signed up to speak David Johnson who's undecided so I'll call on somebody who is decided Kevin Tigan Tigan is that it who's an opponent that's cradle he's already spoken yeah thank you I'm tired from how you do this every every mark toward twice a month I've just got questions they want to be zoned into the city so they can get city services like water and sewer my first question is who's going to pay for the sewer is the city going to pay for it are they going to pay for it because they I think they've got to dig up all the medallion drive and then the applicant is required for all to pay for all sewer and water improvements that are associated with this development not the city just didn't want to be charged to this city I just moved here just I think that's a fair question because we're going through annexations which we don't have a lot of is this not water and sewer once they are part of the city they get whatever services city provides so and they pay city taxes in addition to county taxes also Mr. Cradle you're on support of it do you have any comments to make before I call on Mr. Johnson I'll answer any questions this is a residentially sown property that's currently in the county it's three parcels that are being recombined into one for a place of worship the land that the place of worship is being proposed is not really conducive to septic and well and it's also an approximately 80 feet from the existing sewer line and also has water existing on both frontages of medallion and and cheek road for that we're that's the reason we're asking for annexation to extend those utilities to the site thank you Mr. David Johnson we're operating on three minutes on east thank you for listening to me uh the reason I'm not sure we've not seen a plan of what that was going to be put there or has going to be if it's or or I would assume I don't know a lot about it but residential rural residential seems more like houses unless there's an exception there will be a church I don't have a problem with the church going there but if it's it's going to stay as a church that's fine but no one that I know has seen any plans or exactly where the layout is going to be or anything of that nature it's all mostly in that area the medallion drive area and all those mostly retired elderly people if you got sewers coming across their property I'm sure at some point time someone has to pay something for it being across their property and this is the biggest concern I'll let the staff respond to that if you don't mind certainly the the place of worship use would have to be approved by the board of adjustment at a public hearing so all neighbors within 300 feet of the site would be notified of the public hearing and as part of that that process there are a number of findings that are adopted in the ordinance that the board must consider such as traffic and circulation and impact on adjacent properties and property values should the special use permit not be approved then the site would be allowed to develop under these existing zoning which would be some fairly low density residential similar to what's developed around it thank you any other comments so anybody else want to speak on this item before I close the public hearing recognize well I'm giving an opportunity now if you want to speak sort of answered it it was about the the street and that how many people be going up and down the street and then I also had some questions about the the stream it's a stream running on the back of this property it's kind of wet back there I don't know if they maybe thought about maybe moving the stream some buffers you know something to control the water retention pines there are several regulated streams on this site and regardless of what's built on there than a a buffer of at least 50 feet and often times 100 feet would be required yeah as well as some any storm water improvements that are required by the city storm water ordinance I think I need to work with them because my property is right right next to it and it drains right into their property is it anyone else that wants to speak I'm doing a little bit different on this public hearing because I I realize you don't come here all the time and I'm sure you have some concerns and we want to try to make sure we can answer as many questions as we can and around with which we conduct public hearings anyone else that wants to speak on this item comments or not if not I'm going to let the record reflect no one else has to speak close to public hearing matters back before the council will the item set for it's been properly moved to second Madam clerk will you open the vote close the vote it passes seven to zero thank you move to item 20 conference of plan amendment page park 2 a 13 0 0 0 0 0 16 six good evening pat young with the planning department before you tonight as the mayor said is case a 13 0 0 0 6 which is page park 2 the applicant is linar carolinas and they are requesting an amendment to the future land use map of the comprehensive plan to change the future land use designation of an approximately 10 acre parcel from its existing designation of office to medium density residential which would accommodate the associated zoning case which is the next item on your agenda staff finds that this request is provides an appropriate transition from the planned industrial and commercial uses to the east and from the residential lower density residential uses to the north and would be appropriate for the site and recommends approval planning commission recommended approval at its meeting unanimously on october 8th 2013 by a vote of 11 to 0 be happy to take any questions thank you thank you as the public hearing public hearing is open for the staff report I have one person that's signed up to speak as a proponent I would ask other questions by members of the council first if not recognize our robert stewart or robert shunt shunt of stewart engineering is that it yes good evening it's robert shunt with stewart I live at 2627 university driving here in Durham representing Lenard carolinas I agree with all of the staff has said about the case so far and I can be available for any comments and questions you might have all right thank you any other persons that want to speak on this item other questions by council of the proponent hearing none let direct reflect no one else asked to speak the clerk public going to be closed as the full council before the item it's been propped to move a second Madam clerk will you open the vote close the vote he passed the seven zero moved item 21 zoning map change page park two z 13 0 0 0 17 good evening again pat yang with the planning department the case before you page park two is an application by Lenard carolinas to request a change to the zoning designation of a 16.87 acre parcel which includes the property that was included in the last action located on Jessup street near crown parkway and west of page road and the request is to change the zoning designation from residential suburban multifamily with the development plan and office institutional with the development plan to residential suburban multifamily with the development plan if approved the request before you tonight would allow for the development of a maximum 124 residential units this request is consistent with the future land use map designation based on the action you took previously this evening there are a number of text graphic and design commitments associated with this request which are detailed in your staff report included in the agenda package staff has determined that this request is consistent with the comprehensive plan and other adoptive policies and ordinances and the planning commission recommended approval of the item at their october 8 2013 meeting by a vote of 11 to 0 be happy to take any questions thank you this is a public hearing the public hearing is open you've heard a staff report let me ask other questions by members of the council we have one person that is signed up to speak on this item good evening Mr. Mayor and Mayor of the city council again Robert Schunk 2627 University Drive I can make myself available for any questions you might have thank you are there questions of the proponent recognize councilman shul thank you Mr. Mayor I wanted to note that this is zoning change is projected to add 20 students to population of Durham public school above the current zoning would the applicant be willing to proffer a contribution of $500 per student for those 20 students to Durham public schools and I'll make one clarification for you Mr. Schul the unit count that's proposed is if we were to do apartments there was no commitment to do townhomes for what we're proposing and talking with Scott Wyman with the planning staff the increase of students would be less than that but to your point we'd be willing to contribute $500 per additional student for the zoning request and then how would that be then computed because the way we have it computed is right here in front of us so maybe staff can help me with that or so what I would recommend unless there's a commitment to the type of use we would certainly recommend council consider the maximum possible use which as you alluded to as apartments would you be willing to proffer that $500 per student times 20 students we would be willing to proffer it for the additional students that we're proposing for and I think we've worked with staff before at the time of site plan approval that the amount of students that we would be adding would be evaluated at site plan and then at the time of building permit or final plot whatever the trigger is we would pay for those additional students at that time we have a site plan already in process for a townhome development is that customary or or occasionally occur I'm not aware of a precedent for it but it's conceptually possible and legal if you wish to accept it we did it for South Point trails so it is precedented once I apologize there is a site plan under review that reflects townhomes that's not committed but if if that continues for we can certainly enforce it the way Mr. Schoenck explained we can easily commit to doing townhomes Mr. Schoenck thank you if if I'm sorry Steve is that a commitment if if he would to Steve's point earlier to me this morning if he would like me to commit to it I will upon his request so many Steve's here Mr. Schoenck for it to be a voluntary proffer the applicant needs to make that proffer I think councilmember Schoenck has simply pointed out that he has concerns that this project may create an impact on the school system and is simply asking the applicant what they would do to offset those concerns well does that is there an answer I can seem like who Steve we will make a $500 contribution for each increase of students we are proposing we've heard the proffer other other questions comments by members of the council recognize council member Moffett I'm sorry I'm not asking for anything but I thought I heard you also proffer that they would that you would build townhomes here I don't know I just I heard you so we could easily commit to it and if you're not committing to it that's fine I just want to know what I was not proposing to but if you would if you ask me to I'm not asking you to do anything I'm asking you what you committed to I'm telling you what I heard and I'm just asking you to clarify we're committing to doing the $500 per additional student okay as council member Katani I appreciate that so I think the projection as staff mentioned was 20 students if it was apartments what would the number of what is the estimated number of additional students if there are townhomes so we don't have this generation raised with us tonight it's slightly less okay very slightly I would I would estimate kind of 15 to 17 okay range okay and I I rather than commit to a particular use I'm comfortable with the um suggestion that they would use the calculations by staff at the time of site plan but it was helpful to know what the scale was there thank you you know the comments questions anyone else from the public that wants to speak on this item recognize councilman shul I have a question on page eight of the memo the staff report the impervious surface maximum in that chart what does it mean when it says an impervious surface maximum of 100% can you explain to me what that means councilman shul what that refers to is the fact that there's no mandated impervious surface limitation so you could hypothetically get up to 100% impervious surface covered you would still have to treat your storm water so you really couldn't get to 100 but there's no legal restriction as there isn't much the city and county on the maximum impervious surface and why is that explain that to me because of its location of the location of this site I believe and maybe staff I saw Rob join or Scott Whiteman can assist me with this I believe it's because of the fact that this is in the Crabtree Creek basin that doesn't drain directly to a water supply watershed and therefore the the state mandated and local restrictions are lesser any further questions comments if not the public hearing is closed as a matter of fact before the council the property moved in second Madam Clerk will you open the vote close the vote it passes seven to zero moved item 22 comprehensive plan amendment Murrayfield commercial A-12-0-0-0-15 good evening again Murrayfield commercial is a application by Horbath Associates to modify the future land use designation of the comprehensive plan on a 1.85 acre site on the east side of Guest Road just north of Horton Road and south of Victory Boulevard from its existing designation low density meeting density residential to commercial and this would facilitate the zoning request which is the next item on your agenda tonight staff recommends approval based on the four criteria for review of site plan or excuse me for a review of comprehensive plan amendments and planning commission recommended approval unanimously at its October rate 2013 meeting by a vote of 11 to zero I'll be happy to take any questions that's the public hearing the public hearing is open I would ask council members if you have questions of the staff on the presentation if not we'll go to the public we have Ron Harvard to speak on this item does anyone else who wants to speak on this item if not Ron you have three minutes thank you mayor members of council Ron Horvath representing Tycon in this matter this is a clarification to correct the plan future land use plan the commercial property was a zone commercial a number of years ago but at that time we were not updating the land use plan ask your indulgence in this and approval and we'll answer any questions thank you if you've heard a proponent or the questions of the proponent by council members to recognize councilman market I have a question for staff I just want to Mr. Horvath to characterize this as a technical correction would you agree I think I would agree in concept it wasn't practice in 2003 to amend the comprehensive plan every time the zoning map was changed so the zoning map was changed in a manner in 2003 that was inconsistent with the comp plan so it's it reconciles the comp plan with the zoning thank you any other questions comments anyone in the public who wants to speak on this item let the director reflect no one in the public asks to speak beyond the proponent I'll declare the proponent to be closed matters back before the council it's been properly moved in a second madam clerk will you open the vote close the vote it passed a 70 thank you moved item 23 zoning map changed Maryfield commercial Z-12-0-0-0-26 good evening again pat young with planning department Mirfield commercial is a request by Horvath associates associates to change the zoning designation of an approximately 2.95 acre parcel located at 1439 victory boulevard which is north of horton road in southern prison camp road from its existing designation of commercial neighborhood or CN with a development plan to commercial neighborhood or seen with a development plan with with different commitments this was originally zoned in 2003 as was discussed briefly in the last case and there are three ways that the what's being requested deviates from the existing development plan what's before you tonight would allow an increase in the amount of non-residential development from 5000 square feet to 8000 square feet it modifies the site access points and it changes the committed uses to allow a mix of office retail and restaurant uses without a drive-through the previous zoning limited uses to office or retail or restaurant this request is consistent with the future land use designation of the comprehensive plan based on the action you just took at the previous item there are a number of text graphic and design commitments associated with this request which are outlined in the staff report included in your agenda package and planning commission recommended approval on on october 8th 2013 by a vote of 11 to 0 be happy to take any questions thank you this is a public hearing the public hearing is open you've heard the staff report any questions about members of the council proponent ron harvick thank you once again mayor members of council ron horvath one item i wanted to bring out the main change for this zoning was to eliminate two driveway connections across a stream to the rear of the property and provided access through the residential development that is behind this commercial piece we've moved that access point out on the victory boulevard and eliminated the two stream crossings and the neighborhood access I ask your approval of this and available for any questions thank you are the questions of the proponent recognize councilwoman katani thank you mayor my site plan or development plan is not coming up but perhaps staff or the applicant could clarify the offsite trail warren creek trail thing I can't get the picture up but there is a graphic commitment and I'm assuming that's a binding commitment all graphic commitments are binding I'm trying to find that my own my copy for reference also the applicants are certainly welcome to speak to it if you're going to have to help me on that one pat I believe that went back to 2003 Diane when there was a commitment to provide a easement for a trail through warren creek which is on the southern side of this property next to the commercial we still have no problem with that it's all in flood plain so there is a commitment on the adjacent property which is not part of the action tonight it's associated I think with this proposed development but it's not part of the action before you it would as the applicant alluded to would stay a commitment from the 2003 action as an easement dedication any other questions comments any other comments from the public let the record flick and no one else in the public wanted to speak the public hearing is closed as a matter of fact before council it's been property moved in a second Madam Clerk will you open the vote close the vote it passes seven zero moved item 24 zoning map change Hudson property Z13 000010 good evening Pat Young again with the planning department the Hudson property is a request to change the zoning designation of a 7.99 acre parcel located at 117 East NC 54 highway east of Fayetteville road and west of Interstate 40 from its current zoning designation of residential suburban 20 to office institutional with a development plan and if approved the action before you would allow for a maximum of 150,000 square feet of office space there are text graphic and design commitments associated with this request detailed in your staff report and your agenda package these include transit and roadway improvements including dedication and development of a four foot wide bicycle lane as well as design commitments staff determines this request is consistent with the comprehensive plan designation for the property planning commission recommended approval of the item at its September 10th 2013 meeting by vote of 11 to 0 I'll be happy to take any questions it's public hearing the public hearing is open the questions of the staff about a council if not we have one person to sign up to speak on this item Bob Zulwot Zulwot thank you Mr. Mayor members of council Bob Zulwot with McAdams here representing Davis Moore capital I've got Earl Uellin from Kimley Horn and Austin Coon as well and we're happy to answer any questions you have thank you very much you're welcome to the questions of the proponent by recognize councilman shul Mr. Mayor I guess this is actually for the staff which is that's appropriate just the the additional 450 hundred trips per day to already overcrowded roads do we have any problem on that I'll ask Wesley Perron with the transportation department to address that concern no sir we do not see any additional problems with that well explain why not I mean it looks like we're already over the already over the number you're referring to Interstate 40 yeah let's see because the the current traffic volume on NC 54 is 16,000 but the capacity level service D is 27,200 so they're well below that and the additional traffic generally by the site will not approach that okay and so but 54 and I mean I'm sorry but Interstate 40 and Fayetteville Road well Interstate 40 certainly is over its capacity but this facility does not have direct access to that and Fayetteville Road it does not have direct access to Fayetteville Road okay thank you you're welcome is further comments by council further comments by council is anyone else in the public going to speak on this item if not I'll declare the public under this close matters of effort for council I am second it's been a problem to move them second Madam Clerk will you open the vote close the vote pass this 70 run moved item 25 zoning map change Hope Valley Farms POD BB revisions Z 13 0 0 0 1 2 good evening again Pat Young with the planning department Hope Valley Farms Pod BB revisions as a request to change the zoning map designation of a 6.77 acre parcel located at 1051 Martin Luther King Jr. Parkway between South Roxborough Road and Archdale Drive this site was zoned commercial general or CG with the development plan in 2009 and the development plan at that time included a large number of graphic and text commitments which would stay in place with what's before you tonight and these included enhanced project boundary buffers in transportation improvements there are two excuse me there are five proffers two broad sets of proffers that the applicant is requesting to have removed from the 2009 commitments that's before you tonight one is the removal of the proffer that in the 2009 limited sale uses and convenience store uses on this site and the other set of commitments that are being asked to be removed are roadway improvements along Martin Luther King Jr. Parkway and South Roxborough Street which have been have been previously provided by others staff determines this request is consistent with the comprehensive plan and other adopted policies and ordinances and planning commission recommended approval at that October 8th 2013 meeting by a vote of 11 to 0 I'll be happy to take any questions thank you you've heard the staff report this is a public hearing would ask council members you have questions of the staff initially on this item if not we have three persons who have signed up to speak Patrick Biker Louis Cheek and Dr. Cendall or Dr. Isley your name ma'am okay do you mind if you could just sign up so we can have that for a record if you can go and sign up I'm sorry could you go to the clerk's desk and just sign the yellow card please right there is this is that it okay I didn't understand your name okay all right are you speaking in opposition to to the plan okay okay you can have a seat I'll call you at the appropriate time Patrick Biker Louis Cheek let's take 10 minutes at the most on this please thank you good evening Mayor Bell members of the city council my name is Patrick Biker I live at 2614 Stuart Drive I'm an attorney with Morningstar Law Group in Durham along with my co-counsel Louis Cheek I'm here tonight representing Murphy USA we are requesting this minor zoning map change to 6.77 acres along the south side of Martin Luther King Junior Parkway directly across an existing Walmart I'd like to briefly introduce the rest of our team that's here tonight from Murphy USA Mr. Wayne Gibson our project engineers are Hamilton Williams and Greg Cistrunk from Greenberg Faro and then our traffic engineers Earl Llewellyn of Kenley Horn given the time of night I will follow the advice of our friend Howard Clement to be seen be brief and be seated there are two important points to show we have accounted for potential neighborhood impacts with the development plan that is before you tonight first we will construct a 0.8 opacity buffer entirely within our property to provide more detail on that committed element a 0.8 opacity buffer means that for every 100 feet along the side and rear property lines we will install about 8 to 10 canopy trees 11 to 17 understory trees and about 75 shrubs and to me that's a lot of planting along 100 feet we're talking on average one shrub every 16 inches as a result there will be plenty of screening along the property line back towards Hope Valley Farms second based on Durham GIS it appears that the closest residents to our project is approximately 500 feet away that's more than one and a half football fields and that 500 feet is in addition to the 0.8 opacity buffer I just described for those of you on the council know where I live my backyard is just about the same distance from Nana's restaurant as this development will be from Hope Valley Farms Townhouses moreover there's a committed element to ensure that any drive-through facility has the speakers oriented away from the residential area that is southeast of our development one last point this parcel before you has been zoned commercial for the past four years we have we now have a project that can implement this established zoning designation we were pleased to host a neighborhood meeting about this project since there was a TIA required with this zoning map change accordingly I sent out 45 personalized letters to nearby property owners only two of those 45 people invited came to the meeting and we had a thorough discussion with both of them about the landscape buffer I described at the start of my comments we did not perceive either the two neighbors to be opposed to the convenience store that we're proposing at this location and now I'll turn the presentation over to my co-counsel Lewis Cheek and then our team will be happy to answer any questions thank you Mayor Bell, members of council my name is Lewis Cheek and it's a privilege along with Patrick Biker to represent Murphy USA Murphy is an international company based in El Dorado, Arkansas it's fully integrated engaging in the fuel exploration and drilling business it's on the New York stock exchange it has 1174 convenience store sites across the US 73 of these sites are in North Carolina with over 500 employees this would be the first site in Durham there would be seven to eight employees we anticipate about a 1200 square foot building with four islands with eight fuel dispensing pumps we estimate that the site would create two million dollars in tax base and of course there would be associated sales taxes there will be a number of enhancements and improvements to make this development neighborhood friendly traffic improvements will be constructed to mitigate the effects of a modest increase in traffic there will be no further median cuts in Martin Luther King Jr. Parkway as a result of the project staff has studied the project and has determined that the request is consistent with the comprehensive plan and applicable policies the planning commission voted 11-0 to recommend approval we ask that you approve this zoning map change and I'll be glad to answer any questions you have thank you are the questions by members of council and proponents recognize the council here David thanks to you recognize the council David and David's fault about the mayor well I just wanted to ask Mr. Chique if you would reiterate the question I asked earlier about the lighting and and any intrusion of lighting from this facility owned to the neighbors behind it let me leave that to one of our experts good evening mayor and council my name's Hamilton Williams with Greenberg Faro project engineer representing Murphy USA for this project the light will the majority of the light will be under the canopy that's where the high intensity light and it will be recessed lighting LED lighting that will primarily not spill out from under the canopy except for in the perimeter drive area the site lighting itself will also be LED lighting as well downcast and will definitely not spill beyond the property limits thank you recognizing Mayor Pro Tem one of the concerns that I have about this convenience store comes from complaints that I receive from residents who are located near a convenience store in ward one one of the problems that they talked about was noise from cars coming unto the convenience store property all times of night and I'm just concerned that there might be litter on Martin Luther King Park way from folk who are coming into the convenience store what assurances do you have that there will not occur I know you don't have any noise but you don't have to come up with that we'll certainly monitor our property and do everything that we can to hold down the noise to deal with any litter that's generated that's a difficult problem of course but we'll do everything within our power to try to make sure that it's not a problem with our property this gentleman I think wants the two of them good evening Mr. Mayor Mayor Pro Tem Council ladies and gentlemen I'm Wayne Gibson with Murphy Oil our address is 422 North Washington Elderator Arkansas Mayor Pro Tem concerning the noise at convenience stores we know that can be a problem we've looked at this area and in particular Durham for several years we've looked at the demographics competition traffic counts and locale what we found out is where you located many instances that noise problem is not as large and we feel like in this area where we've located this site we don't feel like that would be a real issue with cars coming in with music blasting and so forth and should it be we will avail ourselves of the noise ordinance that you already have in place here and the police department to take care of that thank you sir do you pay your staff a minimum wage that has nothing to do with your request but I'm just interested in knowing we're well above the minimum wage in starting how about a livable wage and a very livable wage as well so most of them will be attendants or we will have a manager assistant manager at this site and four to five cashier types that would man this station all right thank you sir thank you other questions comments Ida if she could just take your name for the record please yes this is Ida Lan O'odhu okay thank you I am speaking on the behalf of Elmgren townhouse neighborhood and at Hope Valley Arms North proper of about 240 homeowners a zone change for the adjacent property at 1051 Martin Luther King Jr. was requested by an applicant the city review process provided notifications however the notifications did not reach all of these at these 240 townhouses or home I should say homeowners on behalf of this neighborhood I ask that city council continue the hearing process and allow the neighborhood the opportunity to meet and speak with the applicant and form an opinion about the project we understand requirements in the notification process were met by the city however due to the timing of the notification and our board elections coinciding our third party homeowner association and our new and old neighborhood boards could not process this until after the transition was completed hence 240 or I should say most of the 240 properties in question did not have access to the notification and the opportunity to participate in the zone change review process as citizens we plead that the Elm Grove townhouse neighborhood be allowed to participate in this process with continued hearings by city council thank you thank you let me ask before I move to the staff is there anyone else that wants to speak on this item but staff do you have any comments relative to the request by young lady I don't think we have anything to add other than I think the representations applicant made were fair and again as the opponent acknowledged that notice requirements were met and all homeowners but then a 600 foot area were directly contacted okay let me ask are there other questions or comments but I remember the councilor councilor market I have a question for miss is it I just wanted to ask when you found out about the rezoning yes it was at our election board of election meeting it was after it was at nine o'clock there was a gentleman present to express surprise that he was the only one at the hearings had we not heard about this I just wonder what day oh I think it was the when was it 12 12th I think it was the 12th nine o'clock in the evening that was the first time right okay do you have a specific concerns about the this project we just don't know enough about it we didn't we weren't given a chance of any kind and since this is not really single dwelling homes we're talking about we're talking townhomes which are densely packed which I maybe I don't know the planning or you know rules or anything or if there's any special considerations for townhomes because in the same area there are a whole lot more people than a single dwelling establishment we just want to sit down greet them speak with them learn a little bit more not everybody in the neighborhood is savvy with plats and the report that was prepared so it would be good for everyone to just meet and greet the other side and just learn what this is all about good thank you very much thank you the uh proponents well let me recognize councilman brown first I'm sorry what uh what did you go but what neighborhood are you representing again I'm a little confused is that a section can you come to the microphone is that a section within hope valley it is there are three neighborhood associations that oversee Elm Grove I mean hope valley farms the whole area is divided into three neighborhood associations if you will and ours is at the very tip of hope valley farms north and it's betting right next to the property I guess the the land is right next to the property in question which is a wooded area okay thank you thank you Steve or staff can you inform us again about proper notification that was was mailed to those I would assume would that be the neighborhood that she's referring to close enough to the subject property there are homes within the Elm Grove neighborhood that were within the 600 foot mandated notification area those property owners were actually sent first class notice as prescribed by both local unified development ordinance standards as well as the state statute just to remind council here in Durham we actually provide 600 percent more notice than required by state law state law only requires a 100 foot notice ring around promoters so we could go well beyond that in addition we also as a courtesy send a notice to all neighborhood organizations or organizations that register with the planning department and we did send I think a handful of notices out to several organizations that had registered with us in addition we do place legal ads in the local paper of record as required by law and we also post a placard on the property to to additionally advertise that there is a rezoning request pending thank you councilman brown if I may on my records indicate I did send a first class letter to the Elm Grove townhouse association on April 2nd of this year I was sent directly to them recognize councilman Marshall Mr. Mr. Medlin since we're talking about the 600 foot notification zone there's a substantial amount of property undeveloped property that surrounds the subject property who owns that property that is owned by Caswick the developer of Hope Alley Farms okay so that there's one landowner that owns a substantial amount of property and that's primarily flood plain and stream buffer areas that are being retained as a permanent open space so the number of residential properties that are actually within the notification zone are fairly limited you are probably looking at what five just looking at the if you have a map in front of you in the Elm Grove community you're talking about the four buildings on the north side and all of the individual units and I think two or three of the internal units but the arc actually crossed okay councilman Moffitt to be precise it was 45 property owners be happy to share this list with you if you'd like to see it so 45 property owners got noticed yes plus the association when you say the association I'm sorry when you say the association what do you mean councilman councilmember Moffitt the Elm Grove Townhome Association Incorporated thank you I don't want to go back to the public unless you want to ask the question councilman Moffitt you still have the floor that's you're done okay any other comments questions by the council if not I'm going to close the public hearing on this matter and matters back before the council it's been proper moving second Madam Clerk can you open the vote close the vote it has this five to two would council member Cotati voting no and council member Moffitt voting no thank you let's move to the next item item 26 street closing north of sale street good evening I'm sorry good evening excuse me excuse me Mr. Mayor I'm sorry yeah I had a question before they leave I think that one of our council members asked that the exterior of this convention convention nothing building be enhanced and embellished was that proffered with using brick that understood by all parties attractive building it was brick brick I thought it was brick not do we have a difference on this there were design commitments from the previous zoning that were unchanged by the action tonight it incorporated it says any of the following materials brick traditionally endorsed synthetic stucco precast concrete panels split face or ground face concrete masonry hardy plank or other fiber cement siding vinyl stone glass aluminum or metal panels well let me let me just come back to this I don't know who made the motion but I specifically was told that the bill was going to be brick same here say what well we need to make sure that's a part of the well I that's that's what I'm trying to figure out from the the city attorney how do we do this as we're taking a vote on that you would the the mover would need actually the people who voted in favor of it would need to rescind the vote and then you can vote and move again okay I would ask to make the motion the second motion to to reconsider the action that we just took yeah motion to reconsider it's been property movement second madam clerk will you open the vote close the vote can you close it's a reconsideration so you want you want me to do it again could you open the vote again please close the vote it passes seven zero all right now can we go back to the question that's been raised in terms of the type of material that we use on the building specifically yes mayor bell members of council on the half of murphy usa we will amend our design commitments to state that the building will be with the exception of the windows and the doors and the trim be be a brick exterior on all four walls well you know I thought about that the staff have that yeah we'll email to staff in the morning okay sure entertain the motion on the item again some of it's been property movement second madam clerk will you open the vote close the vote it passes five to two with council in Makatate voting no and councilmember moffett voting no thank you let's move to street closing item 26 north of south street street closing 13 000003 good evening again members of council pat young with planning department sc 13 00003 is a request by winners and raven all to close 150 linear foot segment of north of south street this property is currently an open right of way but has been used for many years as parking by for the adjacent building sheets incorporated is proposing utilization of this property for parking inside access to a new convenience store and gas station under site plan review currently by the planning department and other city departments city agencies north colander department transportation and utility service providers have reviewed this proposal and no service delivery or other impacts were identified thank you and I'll be happy to answer any questions okay this is a public hearing the public hearing is open let me ask so there are questions by members of the council first on this staff report if not we have one person that signed up to speak proponent jamie girhart is there anyone else who wants to speak on this item if not let's go out and you have three minutes thank you mr. mayor council members my name is jamie girhart I work directly for sheets incorporated and I'm also a new resident of the city of Durham I we moved this summer 46 05 second more shows road Durham I agree with staff's report and their support of the action item today I'm here to answer any questions on behalf of either sheets or withers in ravenel who is the applicant thanks welcome are there questions of the proponent anyone in the public wants to speak if not let direct reflect no one else has to speak the public hearing is closed as a matter of fact for council it's been properly moved in second madam clerk we open the vote close the vote you passed a seven and zero thank you welcome to Durham let's move to item number four which was full mayor pro tem excuse me I pulled that item we'll just a brief comment had some concerns about report investment act youth contract with community partnership ink yeah I had some concerns about I think this is the contract that has been awarded to a firm outside of Durham is that correct I think there are like one half point rating difference from between the firm is this the contract that operation breakthrough was also volume yeah okay I'm sorry I didn't what I just want to make sure I have the right one maybe I don't okay here it is CPI $175,000 please I just don't understand the small margin between the ratings half a point for a firm in Durham and one in Raleigh and Raleigh is do you understand what I'm saying the rating system could you explain why that firm got the contract rather than a local firm simply put my name is Michael Honeycutt I'm the senior manager of workforce development the RFP was reviewed by members of the Durham workforce development board who had the opportunity to meet with the providers to ask questions to review proposals the youth commission reviewed the proposals made a recommendation to the full workforce development board and the workforce development board made a recommendation on the awarding of the contract I just wondered why well the just a moment CPI score was overall score was 89 operational breakthroughs was 88.25 operational breakthrough is local CPI is not and I just don't understand how the is getting this award may I CPI has been the provider for the past three years they have met and exceeded all measurement goals and while I'm not a voting member of the workforce development board I believe that was a good part of their decision that the provider has met and exceeded the stated performance goals that are mandated by the state and the federal government how do you mentor local firms so they can take advantage of this business in the city how can we just think about that but we need to do I think a better job of embracing our own contractors thank you thank you Mr. Mayor I was at the Durham Workforce Development Meeting Madam Mayor Pro Tem where this was discussed I think one of the things about this is this is only a six month contract which would mean that we would be we would have another opportunity and another that there'll be some more scoring in the future for this same contract is that true in the near future so I think Cora at the meeting I think that there was some feeling that let's go ahead let's keep this contract with the same group for the next six months keep the continuity and then we'll be bidding it out for a longer period of time so I know that that was kind of part of the thinking on part of the group this is a six month contract huh I'm sorry I didn't this is a six month contract yes it is beginning when I'm sure it was right here before me but okay Mr. Mayor that was still a little consolation to me uh business is business for Durham is business for Durham I'm not disagreeing with your point I just I didn't realize it was a six month contract January and June it is for the renewal well what's the difference now renewal for six months or what yeah and I'm James they can the U program coordinated for office economic and workforce development it's a six month contract with an option for renewal for up to two years and so we wouldn't necessarily go back to a RRP after six months unless the contract is not performing well also it's a six month it's a six month contract because we extended the state actually required us to extend the last contract for additional six months because we have a new reporting system that that's just started in August of this year well not I guess I need clarification it's a difference of saying it's a six month renewal and you don't necessarily have to go out for be it again is that what I mean you say right we're right the federal or guidelines that we that the WIA fall under doesn't require us to go out to RRP but every three years and so since we just already just had a RRP would not require to do that again until three years however we can decide or the workforce development board city council can decide to request the RRP after at the end of six months or we can wait for an additional two years we usually do that based on performance so you have the option of doing an RRP yes sir and what is the barrogate do you think the board is going on I'm trying to understand councilman Schultz comments what was it done is standing we were going to try for six months and then we look at it or what and by relooking at it doesn't mean you go out for another bill or you just look at how they perform inside was generally based it off of performance well the mayor pro tem raised the question for a rating that close I'm hard pressed to see why we wouldn't lean towards a local firm but I could feel a bit more comfortable if you tell them you're going to go out and rebid it again in six months but if you tell them you got the option to do it something tells me that's not going to happen but go ahead recognize councilman Schultz councilman could talk the other issue that was raised Mr. Mayor was as I remember in the meeting was the issue of a recent audit of the other applicant and I know that that was had a big effect on the people that were voting on this as well this was information that the board got I guess after the scoring and so I think that was the that was the other thing that I as I remember and obviously I haven't gotten my recollection all right on the first thing but as I remember that was the other big item of discussion as councilman could talk yeah I was also at the workforce development board meeting and I don't have it in front of me but we did as a board have a lot more information in front of us and I believe too that the contracts were compared on how they were going to be administered in staffing because again the recommendation is to continue with the current provider and the the competitor in this case operation breakthrough was going to use a different model such that they were I believe using interns every six months and there were concerns about continuity and training and work with the youth so there was a whole host of stuff that we looked at that made the current applicant stronger and that was the board's recommendation so I just wanted to share that I mean there is a lot more background information that could be shared but that was shared with the board who made the recommendation recognize the mayor pro town I still have a same question then how do you mentor local companies to do business with the city that has to you're trying you're dealing with training and development so I know there must be some model that some city is using somewhere to help local business that is concerned that I have and I will always have that there will be no opportunity for operation breakthrough to get the kind of training that they need I mean it could be that interns will work could work they work in planning they work in other places in city government so I think we need to be able to think outside of the box if that is going to help us with local business further comments on this item I'd like to find a little bit more about how this project is progressing as we go into closer to the six months period I really think that it's unfortunate the operation breakthrough isn't here to speak to some of the questions raised and I guess we can try to find some answers about that were they aware of why they weren't awarded the contract yes they have been we have met with Mr. Tabron all right all right any other items on this any other questions on this if not entertain a motion on the item I'm going to leave this alone because we haven't got both people here it's been property moving second madam clerk will you open the vote and close the vote it passes six to zero with who's abstaining you're abstaining Miss Smith I'm sorry are you voting no I am voting okay it passes six to one would council member hold McFadden voting no all right let's move item number ten which is on a consent agenda financial crimes task force grant Victoria Peterson that's item 10 you have 10 and 11 you want to speak on 10 first I'm sure I'm going to get three minutes Mr. Mayor I think the other folks did and since I'm the only one here to speak that just laid out victory you can have three minutes thank you Mr. Mayor I have I would just like to sort of ask Mr. Mayor there are some reasons why some of us a little concerned about our leadership in the police department and this is one of the areas that very few of you may know this it has been brought to my attention as an activist in this community that we have had some officers to go into persons homes and take out monies and claim that those dollars were raised because of drugs we have number 10 as monies that's going to come from the U.S. Department of Treasure $23,000 an additional $3,000 in 800 to use to monitor and watch over drug monies lottery monies corrupt monies basically and I have some concerns about that and a matter of fact this evening I was out and outside talking to another gentleman on the same same issue that there are other persons in the community that's been complaining that officers and not all the officers because we do have some very very good police officers in our law enforcement particularly the older ones those few over there standing over there I consider them older officers that are very mature and they know what they're doing but we are having some concerns about some of our younger officers so I would like to ask the council and Mr. Bonfield can we please get a report of the drug monies the so-called drug monies that have been labeled that the police department has gotten over the last five years what are we doing with those dollars and why can't some of those dollars be used for this financial crime task force because some of us do have and I was also told that sometimes Mr. Mayor these drug dollars are supposed to show up in the courthouse and they're not showing up so here you have crimes or persons being arrested for certain crimes but the drug monies are not there so my question first I think we need to get a report before we approve this what's happening to the drug monies that you guys are getting that's coming in when you go into persons homes and they have five or six thousand dollars and somebody's question well why do you have this kind of money in your home and you're clearing and you're claiming that these are drug monies and you're taking those dollars and you're not giving those dollars back to those residents and to those families and that is going on in Durham because I have not heard it just one time Mr. Mayor I've heard it several times so my question here is why is it that we're giving these folks an additional three thousand dollars why can't they use some of your drug monies that you're already bringing into the that you are already getting into the community All right thank you Ms. Peterson I think the manager heard your comments I would only suggest that if there are people who are making these accusations they ought to bring them forth they ought to bring them forth not let it be hearsay they ought to bring them forth and the city manager's here I'm not asking now but if you've got people they need to bring that information forth I was told we can't act on hearsay right I was told that I know one person is or is welcome to Mr. Baker about it okay well you take that offline speak to the city manager if you don't mind that's what I've been told don't know if it's true well I'm saying speak to the city manager about that we can't go on hearsay but I do want I do want I think you need to know about it though well we appreciate that okay all right you we want to entertain a motion on this item it's been properly moved on the second Madam Clerk can we open the vote and close the vote it passes seven to zero the next item is item 11 amendment to fitness medical risk training contract for psychological services yes mr. mayor I have two concerns about this first thing I'm glad to see that the police department does have somebody or you have hired a firm to deal with some psychiatry of some counseling for your officers I would like to see to take this a little further my understanding dealing with Mr. Walker Derek Walker that was shot a few weeks ago and I've heard this from police officers because I've asked them I have a criminal justice background and I know how to ask questions I've asked them who was your licensed psychiatrist in the department you don't have anyone in the department so I understand that some of your officers may need counseling may need some psychological evaluation but I also would like I think some dollars need to be set aside to bring on a psychiatrist when you have situations when a young man or a young woman is is having a a mental breakdown and you stand out there in the public for one hour and you talk to them but you don't bring a licensed doctor a licensed psychiatrist a licensed person who has years of training to talk to that individual but then somebody can shoot that person down because he's waving a gun we have some concerns in this community about that so the only thing I'm gonna ask ask Mr. Mayor and the city council members to allow to add some more monies to this so that this law enforcement can hire a licensed psychiatrist that when we have a crisis in this community like we had with Mr. Walker a few weeks ago that that psychiatrist can come in and speak to that can go down and speak to that individual since we're not allowing the family members my understanding his family members tried to go down and talk to him my understanding the pastor was asked to go to asked to go down and talk to him Mr. Mayor none of those individuals were allowed to talk to this to talk to this individual Mr. Davis who was having mental illness who was having a mental breakdown publicly but what we do what we do and it wasn't just that police officer we as a community made a decision to do what we did because we're not making sure that this law enforcement department has the kind of equipment and the materials and the right kind of personnel that they really need to have so I'd rather see some of the additional monies added here of Mr. Mayor and Mr. Bondfield to bring on a licensed psychiatrist who is certified board certified and thank you very much welcome thank you comments will be taken in consideration entertain a motion on item it's been a property movement second Madam clerk will you open the vote close the vote it passes seven zero thank you any other arguments to come before the council before we adjourn if not the council adjourn at 10 22 p.m. thank you