Good evening, everyone.

Welcome to Durham City Hall.

It's great to see everyone here tonight.

And as we are getting started, I'll ask that you all join me on a moment of silence.

Thank you so much.

Now I pass it over to Councilmember Rist for the Pledge of Allegiance.

Thank you, Mr.

Mayor.

It is your practice.

I invite you to rise with me and recite the Pledge of Allegiance.

I Pledge Allegiance.

Thank you all so much.

Who's up first?

Okay.

Madam Querg, please call the role.

Good evening, Mayor Williams.

I'm here.

Mayor Bratem Caballero.

Here.

Councilmember Baker.

Here.

Councilmember Burrs.

Here.

Councilmember Cook?

Here.

Councilmember Kopak.

Here.

And Councilmember Riz.

Here.

Thank you so much.

I'm going to go ahead and sort us out with our ceremonial items.

First up is Mayor Pro Tim.

Javier Caballero.

She'll be reading the National Community Development Week.

And I believe we have Director Sarah Vinias here.

Is she here?

Ah, there she is.

With uh neighborhood services department.

We have the members of the CSE here and community partners doing up.

Yeah.

If all community members and members from the CAC could also join me up here, that would be great.

Good evening, everyone.

This is lovely.

Thank you for joining me.

Um whereas the week of April 6th through April 10th, 2026 has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant, CDBG program, and the Home Investment Partnerships Program, Home, and whereas since 1975, the CDBG program has provided annual funding and flexibility to local communities to provide decent safe and affordable housing, a suitable living environment, and economic opportunities to low and moderate income people.

And whereas since 1992, the home program has provided funding to local communities to create decent safe and affordable housing opportunities for low-income people with over one million units of affordable housing having having been completed nationally using home funds, and whereas a city became an entitlement community in 1975 and since then has received millions in funding that have been deployed by the city to support affordable housing and community development projects across the city.

Over the past five years, the City of Durham has received a total of 10 million one hundred and ninety-three thousand.

Oh, sorry, eight hundred and seventy-six N C D PG funds and oh no, excuse me, five billion eight hundred forty-nine million ninety sixty-five cents in home funds.

And whereas the City of Durham has used CDBG and home funds directly, we're in partnership with community partners to develop and preserve hundreds of affordable rental units for low and very low-income households to help revitalize neighborhoods to address issues surrounding homelessness and to leverage millions of dollars in additional public and private investment within Durham neighborhoods.

Federal funding continues to play a vital role in advancing the City of Durham's affordable housing and community development goals.

Now therefore, I Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim April 6th through 12th, 2026 as National Community Development Week in the City of Durham and support of these two valuable programs that have made a tremendous contribution to vitality of the city's housing stock infrastructure, public services, and the economic vitality of our community.

Witness my hand in the corporate seal of the city of Durham, North Carolina this sixth day of April 2026.

Thank you.

And who is receiving this?

Director Vinus, thank you so much.

Thank you.

Well, I will keep this brief.

Good evening, Mayor Williams.

Mayor Pratem Cavallera, members of the Council.

Again, I'm Sarah Vinius, Director of Housing and Neighborhood Services, and I'm pleased to accept this proclamation on behalf of the city and the Citizen Advisory Committee.

National Community Development Week was created in 1986 by the National Community Development Association as part of a grassroots effort to bring national attention to the CDBG program at a time when the program was facing national scrutiny.

The main objective of National Community Development Week is to educate Congress and elected officials on the importance of the CDBG and home funding programs and to share their impact on the community and the needs for sustained funding for these programs.

This year, uh the NCDA has designated this week, April 6th to 10th, as National Community Development Week.

To celebrate the Citizens Advisory Committee with support from housing and neighborhood services, are highlighting the impact of CDBG and home programs in the following ways.

The first is receipt of this proclamation and declaring this week's CDBG week.

Following the proclamation, the CAC is hosting a reception with partners who receive CDBG and home funding for community projects.

The second demonstrates our CDBG and home dollars at work by showcasing projects in Durham that contain these funding sources through an interactive GIS data story that will be published on the open data portal later this week.

I want to thank members of the Housing and Neighborhood Services Department staff and the Citizen Advisory Committee for their support in planning these activities.

The CAC facilitates resident participation in programs and activities that are financed with entitlement funds from HUD and make annual recommendations to the city on the planning, implementation, and expenditure of entitlement funds, as well as housing and community development needs.

The committee consists of 15 members, and I want to acknowledge all members of the CAC, including the Chair, Valen Alford, Vice Chair Sherar Johnson, and Secretary Ebony Watts.

In closing, I want to acknowledge and thank our community partners, many of whom are here this evening, who have received allocations of CDBG and home funding.

Thank you for your partnership in addressing critical housing needs in the city of Durham.

Thank you all so much.

Next we'll have a good evening.

If I could invite Sheila Willis from the Durham Regional Association of Realtors, is Sheila with us this evening.

Or another representative.

Would you like to join up at the podium?

Proclamation, whereas the Fair Housing Act enacted on April 11th, 1968, enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the U.S.

And whereas the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities and whereas the city of Durham is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all.

And whereas our social fabric, the economy, health, and environment are strengthened in diverse inclusive communities.

More than 50 years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated.

And whereas acts of housing discrimination and barriers to equal housing opportunity are repugnant to common sense of decency and fairness.

Now, therefore, I, Leonardo Williams, mayor of the city of Durham, North Carolina, do hereby proclaim April 2026, Fair Housing Month in Durham and encourage all residents to support the efforts of the city and all those up holding the Fair Housing Act.

Witness my hand in the corporate seal of the city of Durham, North Carolina, on the sixth day of April 2026.

Leonora Williams, Mayor.

Sure.

Bringing you greetings from the Durham Regional Associations of Realtor, we once again ask for your continued support to help us with the fair affordable housing and just making sure that everyone has an opportunity to become a homeown.

Thank you.

Thank you.

Testing, testing.

Okay, there we go.

Thank you so much.

Next, we'll have Black Maternal Week.

Black Maternal Health Week.

Let's talk about Councilmember Burris.

Good evening.

As Joy Spin.

Why you can bring the baby?

Okay.

Okay.

You're welcome.

All right.

Whereas one in four babies born in Durham are birthed to black women, black women nationwide, regardless of income or education level, are three to four times more likely to die from preventable pregnancy related complications.

And whereas research demonstrates that the services of diverse birth workers, health advocates, community organizations, and health care providers are a crucial component of eliminating disparities, enhancing black maternal safety, and improving birth and health outcomes.

And whereas we recognize and uplift community-rooted responses to addressing this crisis, and we promote initiatives to reduce black maternal morbidity and mortality, such as dual services, white whiffery services, peer support, mutual aid, and mental wellness support.

And whereas black women deserve to have a beautiful, safe pregnancy and birth experiences with access to care of their choice through being empowered and resourced to make informed decisions based on their needs.

And whereas Black Maternal Health was founded by the Black Mama's Matter Alliance to increase awareness around the state of Black maternal health and promote activism and investments in solutions.

Attention and action are needed to improve Black maternal health outcomes in Durham and across North Carolina.

Now, therefore, I, Leonardo Williams, mayor of the City of Durham, North Carolina, do hereby proclaim April 11th through 17, 2026 as Black Maternal Health Month in the City of Durham and encourage residents to support the community responses to Black Maternal Health Crisis.

Witness my hand the corporate silly city of Durham, North Carolina this sixth day of April 2026.

Thank you so much, Councilmember Burris and City Council for accepting our request to proclaim April 11 through 17th as Black Maternal Health Week.

We join communities across the nation as we celebrate Black Mamas, Black birthing people, black babies, and black families.

This is the tenth year that Black Maternal Health Week is being celebrated, and this year's theme, as proclaimed by the Black Mama's Matter Alliance, is rooted in justice and joy.

So this is very timely and very powerful as it reminds us that everyone deserves autonomy, choice, happiness, dignity, wellness, and prosperity.

Justice is more than a buzzword or a talking point.

It is aligning our actions, our rules, our policies, our budget with core values to ensure everyone is treated like a human being and has access to what they need when they need it in the way that they need it.

So justice is a way of life.

Fortunately, racism and all the other isms have sustained harmful and inequitable government systems and institutions that allow things like maternal health disparities to exist.

But fortunately, there's a role that we can all play to dismantle this oppression and harm.

So I'm grateful to stand beside community organizations, social groups, advocates, community leaders, churches, initiatives, and individuals that work daily to fill gaps and bring justice and joy to families.

People often help how or often asked how they can help families and expected families.

And so I encourage everyone to just put their ear to the ground, see what your neighbors and the people in your life need.

Um we all know someone who has had or will have a baby, and it truly takes a village to raise a child.

And so be kind to folks, drop off a meal, offer to babysit, lend a listening ear, give a ride, help clean a room.

There's always something that you can do.

You can volunteer or donate to local initiatives and organizations, especially those led by black, brown, and indigenous individuals who are most impacted by the issue.

And there's always opportunities to be fierce advocates to help families get off the streets, get into adequate housing for people to get the health care they need, including mental health care, put an end to gentrification, which by definition leads to displacement.

We can advocate for feeding families and advocate to end family separation.

We need radical acts and radical decisions, and we must do different things in order to get different results.

Actions always speak louder than words, so thank you all in advance for doing your part.

Thank you.

All right, good evening again, everyone.

I will be uh reading our last proclamation for tonight, Realtist Week, Realtist Week.

Am I saying that right?

Realist?

Realtist.

Realists.

Come on up here and join me.

Welcome.

Thank you.

Welcome, welcome.

All right, this proclamation reads: whereas Realtist Week is observed nationwide to acknowledge the efforts of real estate professionals dedicated to advancing fair housing, expanding homeownership access, and strengthening communities through equitable housing practices.

And whereas the Triangle Board of Realtists, TriBor, the local chapter of the National Association of Real Estate Brokers, NARAB, works throughout the Triangle region, including within the City of Durham to promote housing opportunity, economic empowerment, and civic engagement.

And whereas the City of Durham is a vibrant and historically rich community experiencing continued growth and investment, redevelopment, creating both opportunities and challenges related to affordability, displacement, and neighborhood preservation.

And whereas TriBoard members actively engage in housing education, public policy dialogue, and community partnerships aimed at supporting sustainable development, protecting pathways to generational wealth, and fostering inclusive prosperity.

And whereas during Realtors Week, TriBoy hosts programs and initiatives designed to encourage collaboration among housing professionals, elected officials, residents, to address issues impacting Durham's evolving housing landscape.

Now, therefore, I, Leonardo Williams, mayor of the City of Durham, North Carolina, do hereby proclaim April 12th through 18th, 2026 as Realtors Week in the City of Durham and encourage residents to support the effort of fair housing, economic opportunity, and responsible growth with the Durham community.

So when it's my hand in the corporate seal of the city of Durham, North Carolina this sixth day of March 2026, good evening, Mayor, members of council in the Durham community.

My name is Melvin Watson.

I am the president of the Triangle Board of Realtists known as TriBoard.

The local board of the National Association of Real Estate Brokers known as NARAB.

On behalf of TriBoard, thank you for this proclamation and for recognizing Realtist Week here in the city of Durham.

It is truly an honor to accept this acknowledgement on behalf of our members and our mission.

NARAB was founded in 1947 in Tampa, Florida, and is the oldest minority trade association in the United States.

It was created to advocate for fair housing and to challenge the exclusion of black real estate professionals from the National Association of Realtors.

Because black agents were not permitted to use the term realtor.

Our founders, 11 men and one woman adopted the name Realtist, a title that still carries deep meaning today.

From the earliest days, NARAB stood on the front lines of change with the mantra democracy and housing, an organization that played a pivotal role in the passage of the Fair Housing Act of 1968, which outlawed discrimination practices such as redlining, denial of housing based on race, color, religion, national origin, sex, disability, or familiar status.

The work continues today as NARAB advocates for equitable lending, combat appraisal bias, and partners with HUD and other organizations to expand housing, housing uh protections.

Durham has its own powerful connection to this history.

Attorney Eric Michael of Durham served as the key legal counsel for NARAB in its early days, helping to shape the organization's foundation and its advocacy strategy.

His brother Mickey also played a major role in advancing civil rights and expanding opportunities for African Americans.

Their legacy reminds us that Durham has long been a catalyst for progress.

Our local board was established in 20, was re-established in 2013 as TriBoard, and since then we have remained committed to educating, empowering and advocating for affordable, sustainable homeownership and economic growth throughout the community.

At the heart of our mission is a simple, unwavering goal, creating equal housing opportunity for all.

Realtors week first observed in 1970s and formally recognized in 1981 by President Ronald Reagan as a national uh how as a national um effort to spotlight the importance of black homeownership and uphold the professional standard of the realtors.

This year, 115 NARAB boards across the country will participate in this national week.

Here in Durham, April 12th through the 18th, Trial Board will host a full week of events designed to educate, empower, and engage residents.

Our schedule includes a day of worship, um, a realtor at the river church, a realtor safety.

Oh, okay.

Okay.

Um safety session, a political advocacy panel, a community service project with love for Jesus, a fair housing panel, uh, which will be a Zoom, and our Invest Hearst Wealth Summit.

All that comes together in a finale as the National Community Day back at the River Church.

Will there be a host of events and sessions and come encompassing from home buying, home selling, um, uh youth financial literacy, um, and we're just looking at trying to encompass everything there is to help the community and their financial goals.

One of the main classes or sessions that we will have, What to do with Big Mama's House, addressing wills, probates, estates, and trust.

We are grateful for our partners who make this work possible.

The Nea Meyer Church, who we worked with in the past, the River Church renewed renewed Covenant Christian Center, Durham and Riley Regional Association of Realtors, North Carolina Realtors, Truest Self-Help, Southern First Bank, and the Durham City Council who we worked with last year, and the entire Durham community.

And finally, to our TriBoard members who are the driving force behind everything that we do, uh, the dedication and professionalism.

All these uh sessions for the week can be registered for at the TriBoard Presents dot com.

All sessions are free and open to the public.

Thank you, Council and Mayor.

TriBor Presents.com is where you can register.

Thank you.

You're not supposed to look back when I'm saying all right, bring it to a close.

You look back and you have me all embarrassed.

Uh no, thank you all for the work and thanks for uh partnering uh last year with the uh financial playbook.

Thanks for the work you're doing.

Council Member Marist, you want to get us started or announcements?

Announcements, you can go to get us started.

Thank you, Mr.

Mayor.

You surprised me from over there.

Um, good evening, um, colleagues, uh, Madam Pro Tem, City Manager, staff, residents here on the online, good to see you all.

Just a couple of announcements.

Um, the first thing is I had great pleasure late in March to participate in the retirement celebration for Dr.

Jermaine Brewington.

I think we've talked about Dr.

Bruington maybe before here from the DIES.

She was a longtime city employee and also most recently led the audit services department for many, many years, provided great leadership.

I just want to express my deepest appreciation for her service to the city and for her dedication to the work we do here.

You know, not every city has an audit services department.

It sounds kind of wonky, you know, but the fact is we have people here in the city who are looking at things like not only our finances at the city, but also how we run programs, how we how we follow our hiring practices, how we manage contracts, and how we deliver programs like the community safety department.

So I just want to express my deepest appreciation again for Dr.

Brewington and wish her the best in her retirement.

Um the next thing is it is baseball season, y'all.

And so last last Tuesday was opening night for the Bulls.

I joined the mayor, the city manager before you left on vacation, our city manager, a number of colleagues at the opening night for the Bulls.

They're not doing too well this year.

So if you all are big baseball fans, or even if you're not baseball fans, come on out and support the Bulls uh this year at the uh Durham Bulls Athletic Park.

Um also want to mention that last Thursday we had a really important meeting here at the City Council.

Um, the legislative committee uh of the city council met with our lobbyists at Czechnate um government relations.

Our relationship with state government is probably our most report important relationship as a city here in the state.

Um there's so much important things we have to do that relate to our relationship with the state.

So having paid um professional staff representing us in Raleigh is so critical when there's issues like local revenue raising authority on the table, when there's issues like how we can increase our funding and our support for transit projects, and how we can deal with the key environment issues like PFAS, which is a growing challenge in water, and things like the soil in our city parks, uh sorry, contaminated soil.

So I just want to say we really appreciate having that relationship with Checkmate.

And again, we as a city council understand that important relationship we have with this with the state and are working our hardest to have quality people representing us as we deal with our relationship with the state government, just so which is so important.

Um the last thing I want to say is last Friday, I was grateful to participate in the hundredth birthday celebration of the Carolina Theater.

We are so lucky to have such a great institution here.

I see some people uh clapping out.

Great to have an institution like the Carolina Theater that's been around for a hundred years, delivering all kinds of important cultural events for this community, film, live events, and other events.

Um, so I just want to thank uh Randy McKay, the director and the staff for organizing that, and I want to thank all you, the residents and folks out in the in the audience who were so supportive of the Carolina Theater, and we're hoping for another great hundred years for the theater.

Be on the lookout.

There's all kinds of things going on this year to help celebrate that hundredth anniversary.

So look on their website and be sure to participate in that.

It's a great thing to have in Durham, and uh we're so we're so grateful to have that institution.

Thank you, Mr.

Mayor.

Thank you, Councilmember Councilmember Cook.

Thank you.

Good evening, everyone.

I will also be brief.

Um I want to echo the comments um celebrating Dr.

Brewington.

Also want to talk about one other city employee who retired in the last couple of weeks, which is Keisha Barnett, who was our homelessness systems coordinator.

She will be very missed.

Uh, she and I have worked together very closely uh for the years that I've been on council.

So um thank you both to both of those incredible employees.

Um and H May to those who celebrate happy Passover.

Uh, we are in the last couple days of um of that celebration.

It's uh it's a heavy one this year.

I mean, I think the past few years have felt pretty heavy.

It's hard to celebrate liberation and think about freedom when so many people are not free, um, both in this city and state and also around the world.

Um so I just want to say a special shout out to my community um in Durham who gathered at my house, uh, several of them last night.

I've been to other Cedars as well this week uh to talk really seriously about our role and bearing witness to some of the atrocities that we're seeing and how important it is just to still be present.

Um a lot of times it feels like we talk about not being able to do much, but there is always something to do.

And if uh we're not taking direct action, then we can bear witness, and we can experience pain and trauma and give that real grief and and life to us as we share the world with people who are still striving for that liberation.

So um, as we say at my Ceder, uh, hopefully next year in peace and liberation, and I hope that for all of you as well.

Thank you.

Thank you.

Uh Councilmember Burst.

Good evening, everyone to um who was as president in the chambers, also those who are watching this virtually.

I feel like it's been a long time since we've met.

I enjoyed it though.

Um, excited to be back with you all this evening.

I'll be briefing my remarks as well.

So I won't read or bore you with my entire schedule, but I've been very busy in a couple of weeks.

So I want to extend my sincerest gratitude to Sarah Natalie Murdoch for us and the invitation to participate in Senior Jeannie Lucas commemoration week.

Um I had the opportunity to participate in a wonderful panel with Mayor Pro Tim as well, um, and some other strong leaders such as Sydney Batch, um, Senator Murdoch, as well as Dr.

Stanberry and Commissioner Burton.

We had a great time discussing um women in politics, a lot of candor and great conversations while we empower our young people.

Also, I want to extend my sincerest gratitude to the student government association at Durham School of Technology, especially Miss Nalia Hunter, Hurley, I'm sorry, who reached out to me and asked me to participate in their women's history month event, and I sincerely um enjoy engaging with young people, talk about my journey into the public office, but also inspiring them.

And they were really um, they asked some really good questions that caused me to relive some memories, but I'm also glad I had the opportunity to share with them more about that.

I also want to extend my sincerest condolences to our fallen eagle, Miss Carrie Everett, who lost her battle with um cancer at the age of 22.

She was the first NCCU, I'm sorry, first HBCU student to come miss North Carolina, I believe.

And so one extended condolences to our Eagle family by all those who knew and loved her and remind us that life is so very, very precious.

And then finally, for my last remark, and I have a minute 30.

I'll get this out a minute 35.

I just want to call attention to a um an issue in our community that happened, and it's not really sitting well with my spirit.

Um, last week during Holy Week on Thursday, right before Good Friday, got some notifications that there was an attempt to remove our unhoused neighbors from Oakwood Park.

Um, and I how we treat our most vulnerable people reflects us as the city.

And when we mistreat the most vulnerable people, it shows where our priorities are, and we do not have our priorities together right now.

We will um I know that people want to utilize public spaces, and I do agree that you know kids should be able to play in public spaces, but they're also parks, the one on Long Meadow um part for about two years was overran by people who were unhoused as well.

So it's a really an equity issue in thinking about this is human, these are human lives, and our greatest asset in Durham is our people.

And if when you can mistreat the people who are very vulnerable, I question what you'll do for the rest of us.

So I'm really concerned about the criteria we utilize and to determine which voices we elevate, because I know folks along the Fayetteville Quarter have been complaining for a long time about the encampments there, also the fires that have been there.

Um also just on my side of town, Wiley Bay, I have an encampment by me.

This is a um humanitarian issue.

It's not just a single, it's not a black or white issue.

We have people who do not have anywhere to go.

And if you think about just we can be one paycheck away from being out there.

So I really encourage people to love your neighbors and take care and support your neighbors, but also hold your government accountable, especially when it comes to your money.

Thank you.

Thank you.

Uh Councilmember Baker.

Uh good evening, everyone.

Thank you to my colleagues for all of your uh wonderful announcements.

Um I wanted to repeat something that um director Vinius spoke to earlier, which was that the city is going to be making available uh story map about CDBG funds in our city and the impacts that that has had.

Uh I want to encourage uh us to to push that out as much as possible because I think that is such an important program and an important story for us to tell and highlight for our residents and for our higher-level elected officials.

They need to know how important C D BG funds are uh for the people of Durham.

Um we operate under a dark cloud of at the federal level and and global happenings that are impacting everyone in this room right now with where our tax dollar federal tax dollars are going, with the cost of gas, uh, and uh frankly with uh the soul, I think, of this of this country.

And I think that one thing that it speaks to at the local level here is how important it is that we plan for a resilient future, uh, that we make sure that we are creating a city that is not entirely dependent upon fossil fuels and the burning of fossil fuels, and that we transition uh to the degree that we possibly can to a city that is more walkable and more transit-oriented and has the elements of a uh an equitable and walkable city.

We we of course can build a walkable city that is not equitable, but we cannot build an equitable city that is not walkable.

And so we need to transition in that direction.

Part of that is going to be through the rewrite of the Unified Development Ordinance.

Um the room and watching may know that we are going through the process of a UDO rewrite is currently on pause because of uh it's kind of strange state-enabling legislation and amendment that was made in 2024 to that enabling legislation.

Um, and it paralyzes not just Durham, but every single uh small town and big city across the state of North Carolina is paralyzed until the legislature takes action on fixing uh that uh those provisions.

And so I hope that they will uh because uh we need to be able to build a city that is that is more walkable and and move toward a more resilient uh uh future for our city.

Thank you.

Thank you, Councilmember Copak.

Thank you, Mr.

Mayor, good evening, colleagues, staff.

Wonderful to be with uh everyone who was here this evening in person and online.

Uh, first of all, happy Passover and a blessed Easter in the season.

As a liaison to the Citizens Advisory Committee, was really proud to see the proclamation of community development week.

Uh, I've seen the effort that staff and and our residents have put into preparing for this week, as well as reviewing applications uh for grant programs that are critical to help us bring resources to this community for the housing we need in Durham.

So please do check out the story map on the open data porthole portal when it is released later this week.

Um I was really proud to represent the city and the mayor for uh crop walk, reading a proclamation from the city in recognition of the efforts uh over five decades of groups coming together to address the critical issue of hunger in our community.

Was glad to celebrate the legacy of Senator Jeannie Hopkins Lucas, the first black uh female state senator in North Carolina.

And I was really pleased to be able to join Founders Day for uh the the Center for Senior Life uh in Durham, which among others honored uh civic leaders like our formal uh former council member Howard Clement uh for their role in supporting seniors and our community in founding the center.

Uh at this gathering, I had the opportunity to meet uh Ms.

Catherine Farrell, North Carolina's oldest resident at 113 years old.

And she walked into the room like she was decades younger.

Uh it was an honor to meet her, and her bio states that her life exemplifies resilience, community involvement, and a dedication to education and faith.

So uh all of my best well-wishes to uh Ms.

Farrell uh and uh looking forward to a good meeting this evening.

Thank you.

Thank you.

Mayor Pro Times Thank you, good evening, everyone.

Uh appreciate all of my colleagues' comments.

I have nothing further.

Thank you.

Well, thank you.

I do have a well, I had a few, and listening to my colleagues, much of uh the comments have been shared.

Uh I did want to uh Councilmember Burrers addressed this as well.

Uh we we we have received numerous emails on a um a number of encampments uh in our parks.

And I want to say that how homelessness is literally one of the most complicated issues that we're dealing with in the city.

Uh we have two existing realities, and both must be addressed.

Uh it is we are at capacity with government-sponsored you know housing.

Uh, when it comes to housing our homeless or folks that are uh transient.

Uh and there are private organizations that do have capacity.

Uh however, whether it's shelters, whether it's uh their private organizations, they all have um their rules, their things that you have to follow, they're you know, norms.

And it's really important that you know we try our best to support that work until we figure this thing out because no city right now has figured out the uh silver bullet to homelessness.

But what I will say is we all have sil we all have norms that we have to follow.

Uh it is also a reality, and it's not right that you know we do have public spaces that are filled with needles that are filled with um uh uh fires when there is a ban notice.

Um, you know, and I think that you know we do have vulnerable folks, and we have to figure it out.

And I'm gonna say right now that Durham and no other place has figured it out.

But what I can say about Durham is we do have homeless recommendations that we're gonna be raising money to support those plans.

But right now, in the short term, this is a very complicated issue, and we don't have a solution for it.

And I can appreciate staff that are trying to.

Uh, and and I'm going to support the staff because they are the ones that I can say are doing something.

Uh, but at the same time, we have two realities that are existing.

There are families that cannot go outside and go into the park, and then there are folks that are living in the parks and not in the places where we need them to be, so we can't support them.

So I'm not going to simplify this issue.

I'm going to say that it is very complicated.

I'm going to be vulnerable and very honest that we have a lot of work to do in Durham as well as other places across the country.

And I hope that we can have the community support.

This is not about pointing fingers.

This is not about uh us versus them.

It is about a community issue, and I'm going to agree with Councilmember Burris when I say when she said it's a humanitarian issue.

If we can fund a war, a two billion dollars a day.

We can at least put a roof over someone's head.

And that is America right now.

That is what we're dealing with.

So in Durham, you hear the word compassion a lot.

You hear it a lot.

I hope that we can do our part, but please support our local government as we're trying to work with everyone to get this figured out.

Thank you.

All right.

Um I have my list here.

I'm going to at this time pass it over to the manager for uh your priority items.

Thank you, Mayor.

Mayor Pratem, members of council.

The city manager's office has one priority item this evening.

That is for agenda item number 15, the preservation North Carolina option to purchase Home Security Life Insurance Building at 505 West Chapel Hill Street.

Several modifications were made.

The second motion of this item was deleted from when you saw it at the work session.

The resolution of conveyance and rehabilitation agreement was also deleted, so uh council can provide feedback on the proposed development prior to property conveyance.

Those are the manager's office priority items.

Thank you.

Good evening, Mayor Williams, Mayor Profit Tem Caballero, and members of the council.

It's good to see you.

City Attorney's Office has no priority items tonight.

Thank you, Madam Clerk.

Good evening, Mr.

Mayor, Madam Mayor Per Temp, members of City Council.

The City Clerk's office has one priority item, and that's the item on the general business agenda.

And it's the name of the majority appointment.

I can either announce it now or well, I can I can do it when we get to it.

You can announce it now, but it's uh and then I'll entertain a motion to uh right.

I'll read out the motion with the name included.

All right.

So the majority of council voted at Shannon M.

Salentine.

So it's to appoint Shannon M.

Salentine to the Human Relations Commission with the term to expire on June 30th, 2027.

All right, you've heard the motion and the name.

I'll entertain a motion to approve.

So move.

So moved.

It's been moved and properly seconded.

Madam Clerk, please open the vote.

Please close to vote.

And the motion passes unanimously.

Thank you.

At this time, I'll read the consent agenda.

Item number one, citizens advisory committee appointment.

Number two, Durham City County Environmental Affairs Board Appointment.

Number three, Durham Open Space and Trails Commission appointment.

Number four, Durham Historic Preservation Commission appointment.

Number six, Department of Water Management Contract Management Performance Audit, January 2026.

Number seven, interlocal agreement for the distribution of sales tax between the City of Durham and Durham County.

Number eight, fiscal year 26-27, budget development guidelines.

That's one poll.

That's been pulled.

Yep.

Number eight.

Number nine, Mayor's Hispanic Latino Committee 2025 Annual Report.

Number 10, Second Amendment to Contract 19650 with housing for New Hope Incorporated for the provision of landlord engagement services.

11 resolution authorizing the virtual city auction.

Number 12, utility revenue refunding, bond series 2026.

Number uh 13, fiscal year 2026, capital improvement plan, CIP project closeout.

Number 14 has been pulled, imminent domain action to obtain four parcels at 515, 517 and 519 East Trinity Avenue.

Number 15, preservation North Carolina option to purchase Home Security Life Insurance Building at 505 West Chapel Hill Street.

Number 16, construction of rectangular rapid flashing beacons at school and trail crossings.

Number 17, maintenance agreement with the North Carolina Department of Transportation for the North Roxbell Street at Horton Road and Denfield Street Project.

TIP number W 5705AI.

Number 18 maintenance agreement with the North Carolina Department of Transportation for the North Carolina 54 and Hobson Road Project.

TIP number HS-2405H5AH.

Number 19, check my virtual speakers.

23 is one.

Number 19, amended and restated reimbursement and lease agreements between North Carolina Department of Transportation and the City of Durham for the lease of the Durham Amtrak station.

Number 20, purchase contract, Ferguson Enterprises, LLC of Virginia Water meter bulk order.

No relation to our city manager.

And on GBA number five, Human Relations Commission appointment, which we just did.

And 24 zoning map change, top golf dorm mixed use phase two.

All other items are not actionable items.

Which, well, I'm gonna uh before I ask for a motion.

I do want to address the design of the agenda.

It's gonna look slightly different because we are we're trying to be able to clarify what information is what.

So actionable items versus items that do not need action.

And so when we're signing up, if you see something on there, if it says no action agenda items for informational purposes only, that means we heard it, it was addressed on work session, it would not be addressed tonight or at the actual general body meeting.

Uh just information only.

So I just for the public to know, and I'll probably announce this again.

That is not an item, those aren't items you pulled, they're not items that we'll be discussing.

It's not they're not items that we'll be taking on.

They're just on this in rotation because we heard it already and addressed it during the work session at a later date.

There may be action, but as of right now, you'll see on the agenda um no deed, no action agenda items, uh, information purposes only section, uh, which is a new item.

Mr.

Mayor, I signed up for number 15.

Mr.

Mayor, I think number eight was pulled as well.

Give me one second.

Ms.

Peterson, you were trying to pull item 15, correct?

Yes.

Mr.

Mayor, okay.

She was her intent to put it in.

But you pulled 14.

15.

But uh apparently it was reported as 14.

So she would like to pull 15 instead.

Got you.

Uh that's that's okay.

Is she does she want to pull both of these items?

Or was she only trying to speak to 15?

Yeah, number 15.

Okay.

Because that's what we were talking about outside.

Number you the 505 Chapel Hill Street item, right?

I'm sorry.

You're referring to the 505 Chapel Hill Street?

Which is one of those non-actionable items.

What no, this one is actually so yes.

Uh so Madam Clerk, you can just record for the record is item 15, not 14.

All right.

So I have you down.

Yeah, no problem.

I have you down as number um for number 15.

So number 14, colleagues have not been pulled.

It's item number 15.

And number eight.

I'm happy to make a motion for the consent agenda with the exceptions of eight and fifteen.

Thank you so much.

It has been moved.

Is there is there uh second?

So we moved and probably second.

Madam Clerk, please open the vote for the consent agenda with exceptional items number eight and fifteen.

Please close the vote.

And the motion passes unanimously.

Thank you so much.

All right, first up, item number eight.

Uh this is Pablo Freeman.

Uh uh, yeah, three minutes.

Good evening, Mayor Williams, good mayor, uh, pro tem caballero members of council, staff, and the millions of viewers and all those here tonight.

Um I want to first commend staff for this budget guidelines document.

I think it's a really good um in intent, desire to try to get council, particularly the voting members, um, where they're aligning in terms of how they're gonna spend the dollars.

I think that's really good.

But I also want to continue my comments from the public hearing that you had at your last meeting, because I think you're not focusing enough on the revenue side with the budget stuff.

And I want to offer a couple more ideas on the table, because if you don't address the revenue side, I think you're gonna be placed in an impossible situation at the conclusion of this process.

Specifically on the revenue side.

As many of you know, uh there was a decision to move some of the occupancy tax revenue into a politically connected nonprofit, millions of dollars.

I want to thank council member Baker for speaking out against that.

Maybe you might want to ask the powers that be on that board to give some of that city money back so you can move some of the the revenue pieces around without burdening the property tax in order to pick the residential property tax owners.

Last time I was here, I talked about um how the property tax reevaluation uniquely impacted residential owners, and I think really didn't fairly hit commercial owners.

Since that meeting, I really haven't heard much public comment from those of you who have the governing authority on this council, so I think you should speak out on a fair property tax evaluation process.

Additionally, I think it's kind of ironic that Republicans in the state legislature, particularly in the State House, have released a proposed set of legislation that actually remove uh a multi-billion dollar nonprofits exemptions for property taxes under one of their proposed bills for the sort short session.

I find it ironic because you have Republicans being more progressive on taxing billion-dollar entities than we have progressive elected members of city council.

And so I think if you don't address the revenue side, what you're gonna come down to is increasing the property tax owners, particularly the residential ones who have already faced such a significant burden, and I don't think that's fair in this economic environment.

And so I'd really push all of you to use your power on the revenue side.

And I also want to address at the last meeting I found out from Bike Durham that the county has hundreds of millions of dollars of tax revenue for transit and it hasn't been released from that fund.

Maybe it's time you call the county commissioners and tell them to move some of that money so you don't have to deal with an aggressive ask on fare-free transit, and you can move some of that money elsewhere, maybe like housing some of our unhoused folks here in Durham that I think we so urgently need to move.

Thank you for your time.

Thank you for your remarks.

Uh I have a Don Bay.

Can you hear me virtually?

Hey, good afternoon.

Can you all hear me?

I can welcome.

You have three minutes.

Great, thank you.

Glad to be here.

Revolutionary love to the mayor, to the city council members, to everybody in there.

I wish I can be there tonight.

Um, but I'm on daddy duty, and it would not work too well with my son being there.

But um I just wanted to uh just of course lift up the great work that you all are doing and continue to encourage you all to um add um safety, uh of course, uh community safety as a uh a line item on the budget.

I know there's already some items there around safety, but I want to be more specific when I talk about community safety about violence interruption.

Um I don't know if folks are like that familiar with violence disruption is.

I know some folks are from Bull Cities United when it was up, but we don't currently have any violence interruption program currently right now, and just looking at it, it will cost the city around 10 million dollars to have a successful uh fully thorough uh infrastructure uh to support uh a full wide violence interruption program.

Um and that is the only thing we're missing right now in this CVI community violence intervention ecosystem.

We have HVIB with Duke, we have uh, of course, uh the Durham build, uh project build.

Uh there's so many great pieces.

Uh the community office of community safety, um, but again, the biggest piece that's missing is the um violence interruption program.

Um again, my name is Adon.

I'm a violence uh community violence interruptor with North Kleins Against Gun Violence.

Thank you.

Thank you so much.

Next up is item number I'm sorry, I need to uh entertain a motion.

So moved to the entertainment, I'll understand a motion uh to approve fiscal year 2026-2027 budget development guidelines.

That's been moved.

Second.

It's been seconded.

Madam Clark, please open the vote.

Please close the vote.

And the motion passes unanimously.

Thank you.

Item number 15, this next pulled by uh Mr.

Victoria Peterson.

Welcome.

You have three minutes.

Three minutes, Ms.

Peterson.

Ms.

Peterson.

Three minutes.

And you know I need longer than three minutes, Mr.

Peterson.

Three minutes, Ms.

Peterson.

Okay.

I've got a real serious problem about this whole project.

I do not know why historical preservation foundation of North Carolina wants us to give them this property.

And why I say give them, because I have gone to several meetings, and I have not heard one day how much money they would like to purchase this property for.

Now, my little research, and we're speaking about so folks will know.

I'm not sure why I don't want to say what this building and who was using this building.

This was the old police station.

The old police station, 501 West, Chapel Hill Street.

I heard quite a few of you folks, young folks up there at the council, that we have a homeless problem.

So I'll cut right to the chase.

We need this building to be used to help persons who are living on the street.

And Mr.

Mayor, one of the problems is that the homeless shelter is full.

It's running over.

They do not have enough room.

So this building, instead of just giving it to this organization, the research that I've done, the property itself is over a million dollars.

And the bill, in my understanding, is about 33,000.

Well, that bill really should be a lot more.

But anyway, Mr.

Mayor.

What I would like to see this billing turn into housing for persons income starts at zero.

And it does not go beyond $600 a month.

So if you have a person that's working for McDonald's or for who is it, uh Bojangles, which a whole lot of us like to go.

Uh their folks are only being paid $14 an hour.

We have a lot of folks who are only being paid $7 an hour, particularly for the African American community.

Please do not give the people's property away.

If folks want to buy our property, they need to pay for it.

And then we could take that monies and use those monies for other buildings, fix those buildings up for persons who have zero income.

I'm tired as a person of color going through the African American community on Austin Avenue, Fairville Street, during the winter months, seeing black men living on the street having to have a fire to keep warm.

I'm tired of seeing it.

And I'm tired of our community allowing this kind of foolishness to go on.

Durham has plenty of money.

We have plenty of individuals, and we and this this government, our property, we have plenty of land.

Thank you.

And we can take some of that land and really help the homeless people.

Thank you, Mr.

Mayor.

Thank you, Ms.

Peterson and Staff Q.

Please don't give them my property.

Thank you.

Thank you.

And staff can help let you know what's actually happening there.

We're not just giving it away.

There's a I implore you to go back and watch the work session discussion on this item.

Well, I put to the work session, but I haven't heard any money being mentioned that they're going to purchase it.

Right.

They can let you know exactly what it is.

So that person here that can speak.

He's walking out to the door right now.

His steps are ordered.

I just want you to know exactly what's going on here, Ms.

Peterson.

That's all.

All right, colleagues.

I just want you to know exactly what's going on with it.

I I listened to your comments, and I want you to know exactly what's happening.

Yep, they're gonna he's gonna he's gonna help you out.

Okay, so that's not why he was going out, but I'm sure he's the smartest person I know right now, so he can help you out.

Or someone over there.

Well, let's really talk the price first.

You got it.

Yep.

Could someone help her?

Gotcha.

All right, thank you.

All right, colleagues, I'm gonna say in a motion uh to authorize the uh city managers to negotiate and execute an option to purchase a portion of 505 West Chapel Hill Street containing the Home Security Life Insurance Building to the Historic Preservation Foundation of North Carolina Incorporated for the preservation and rehabilitation of the Home Security Life Insurance Building in recognition of its historical significance.

Mr.

Mayor, I'll make that motion, but I would like to have an opportunity for discussion.

Yeah.

It's been moved.

So moved.

It's been moved and properly seconded.

Discussion.

Thank you.

Um I have a whoever wants to come up staff person.

Or maybe, I don't know, maybe it also might be attorney Miles.

I don't know, maybe attorney Miles.

You can call in a friend if it if you're not the right person.

Um in my understanding in the conversation that we had at the work session, Ms.

Turner said that it was not going to be an option to have the rehabilitation agreement come back before the council before it was executed because the developers are subject to re I don't should the timing she said didn't seem to work out.

Um however, in the amendments that we have or in the final draft of the contract, it does in fact seem like the rehabilitation agreement is going to come before council, and that is our sort of last opportunity for a check.

So can you just talk about the discrepancy there from what we heard at the work session?

Yes.

So the option that is attached to the agenda is a draft version.

It's still under negotiation.

Um but what we understood at the work session was that you all wanted to see this item come back before you all for information or approval prior to the selection of a developer or before the sale went forward, is what we understood.

And if you would like to clarify that, we can make sure that's clear, or would you like to see the rehabilitation agreement?

Um no, I think that's exactly what we had talked about.

But the I I'm curious about the methodology of that coming back before us because at the work session, Ms.

Turner said that it was not possible for it to come back in the rehabilitation state agreement stage.

And in the draft contract that we have in front of us, that is when it's coming back.

And so I'm just confused about why she said that was not possible and now why we are looking at that language.

So what is in the current draft allows for the city to author to review and approve the rehabilitation agreement before it's signed by the developer.

What was discussed at the work session was that this item will come back before you all before the sale has been executed, so that you can have conversations with those developers.

So the sale itself, so this just allows the option to move forward, but prior to us executing the sale before the manager signs off, it comes back to you all for a vote on executing the sale.

Okay.

I I yes, I mean, I'm just I'm reading, and I understand that this is a draft, but we are voting on it tonight.

And so I want to make sure that I'm I'm just clear on the timing.

Um that it does say prior to execution, but it I I remember having this conversation, and when you said it, I was like, that sounds like a great idea.

And then I remember her coming up immediately after you and being like, that's not going to work with the timing of how how we work with developers.

So this is after we do a rehabilitation, after preservation, North Carolina does a rehabilitation agreement with a developer.

They've already selected developer, then it comes to us prior to the formal execution of that.

So before they enter the rehabilitation agreement, it's gonna come back before to this body so you all can get information from the developers that have been gone through their marketing process.

So that's prior to the rehabilitation agreement.

So it will come back to you all before the rehabilitation agreement is even part of the consideration on the part of PNC.

So that will happen before the execution of the sale and the rehabilitation agreement will be entered into prior to the execution of the sale.

So you all will see it before both of those things.

Okay.

That makes sense.

And that has y'all have gone over that with preservation North Carolina and and for the the process of their getting a developer and and being able to develop the land, this all makes sense to them, as Ren.

I think the the one thing that they would need clear clarification on is whether or not it's coming back to you all for information or approval before the sale is executed.

Um it does say approval in this draft.

So are you are we are we expected to vote tonight without that being clarified?

So what's in before you is to allow the man the staff to continue negotiating with preservation and see if there's anything in the option at in the draft form that you're seeing that you would like change, I'm happy to make those changes.

If you can direct direct that as a part of the motion, then I can absolutely make those changes.

Um it actually, I mean it it looks I like I like the approval phrasing.

I just wanted to make sure that that was it didn't seem like it followed with North with preservation North Carolina statements of the work session, so I just wanted to make sure that it had run by them.

So we will see this contract again before it is approved, even though it is not I mean this is it falls below the manager's threshold.

So you wouldn't see the option again, but you would see the final sale agreement before it goes before goes forward.

Yes, of the building.

And the land of the case.

Thank you.

Thank you for clarifying that.

All right.

Yes, go ahead.

I appreciate the questions from residents for my colleague.

I just want to say that I'm excited to see us move this forward and see my colleagues us come together with a big picture view for the site to uh take this tangible action around uh reuse and preservation for this building, which will then bring in revenue.

It will it will it will help bring in revenue for the city when this is developed.

Uh the possibility that there is now for affordable housing development is exciting as well as the long-term option for that dense remixed use development to make sure we're really activating the site and and bringing that additional revenue to the city.

So just uh really excited to see that that phased approach that we're working on and to see this agenda item tonight.

Thank you, Mr.

Mayor.

All right, thank you.

Colleagues, it's been moved and properly seconded.

I'll now ask the clerk to open the vote.

And the motion passes unanimously.

Thank you.

Just uh so that I don't forget to do this.

Colleagues, I actually need to ask for an excuse absence uh for Thursday.

I failed to do that earlier.

I guess you did so you can do it at the end in other matters, though.

Can you remind me?

All right, don't worry about it.

I'll ask you at the end of the meeting.

All right.

Next item.

Number 23.

Nobody wants to talk about 23SC.

That's what everybody signed up for.

So with that being said, I don't have any for number 24, so I'm gonna just do get that one knocked out of the way.

Colleagues, I'm gonna uh actually address number 24 first.

All right, this is our zoning map change top golf drawer mixed use phase two.

Sure.

Thank you, Mayor.

Mayor Williams, Mayor Tim Cabero, and honorable council members.

Good evening.

I'm Andy Lester with the planning and development department.

It's gonna be good to be with you all tonight.

Uh before I begin, staff would like to state for the record that all planning department hearing items have been advertised and noticed in accordance with state and local law.

And affidavits of all notices are in file in the planning department.

A request for a zoning map change has been received from Nil Ghosh of Morningstall Law Group for one parcel of land totaling 2.85 acres and located at 4840 top golfway.

The current zoning is industrial park.

The applicant proposes to change this designation to commercial general with a textual development plan to allow for a range of commercial and civic uses.

The properties are currently designated highway commercial and recreation in open space on the place type map.

The proposed commercial general with a uh development plan zoning is generally consistent with the designated place type.

Thank you, staff and the applicant are available for any questions.

Thank you.

You've heard a staff report.

There are any technical questions or comments?

Not I'll now declare the public hearing open.

Yeah, we'll get the same answer.

Yeah.

All right.

Oh, there we go.

Yes, please.

How much time do you need?

I'm gonna endeavor to stay under five minutes if it pleases the council.

All right.

Thank you.

Welcome.

Thank you.

Mr.

Mayor, um, Madam Pro Tem and Council.

I'm Ann Anderson.

I am not Neil Ghosh, but I work in the office next to him.

So thank you for uh allowing me to be here with you tonight.

Oh I represent the applicant in this matter, and as Mr.

Lester said, this is uh a rezoning of a small portion of a large uh 50-acre assemblage.

Um this is seeking to rezone a less than three-acre parcel at the corner.

I think I have a PowerPoint slide here, if I can uh pull that up.

Oh, it's got my name on it.

Just a moment.

This is just a quick visual so that you all have something to look at.

Good enough?

You see it?

Okay, thank you.

So as you can see there highlighted in light green.

Um that is approximately a 2.85 acre parcel that's part of what everyone I think is now starting to consider to be the top golf um property.

And prop top golf there is at the back side if for those of you who haven't been there.

In general, the existing zoning of this assemblage works well to accomplish what has turned out to be a commercially successful use of this highway adjacent property.

Um it's the um industrial parkway zoning, but uh there are some limitations that don't allow the development to proceed with some retail uses that would help round out the uh successful use of this assemblage.

It's the industrial parkway zoning, but there are some limitations that don't allow the development to proceed with some retail uses that would help round out the uh successful use of this assemblage.

And so to that end, we are seeking a modification to the zoning for the 2.85 acre parcel there you see at the um that's adjacent to page road to allow a broader use um of for retail.

Uh so this could be a small shop, it could be a restaurant, it could be um it could be a fuel station, it's adjacent to I-40.

Um the developer has committed to having no direct vehicle access to page road, so the traffic impacts will be minimal on on page road.

I've also committed to doing a 10-foot shared pathway adjacent to Page Road to allow for bike and pedestrian movement.

The um the impact will be minimal in the sense that they've committed to doing a maximum of 4,000 square feet of of conditioned space on the site, which is a fairly small footprint for uh interior space, and then a maximum of 50 percent impervious to exceed the the um requirements of the UDO.

All plantings will be native species.

Um, and um we of course will meet the 10 percent recover requirement on this particular parcel, even though the entire site overall exceeds the tree cover requirement of Durham's UDO.

And then I think more importantly, some of the less desirable, well, depending on how you look at it, but less desirable uses of the uh commercial general zone are we commit to not doing, and that includes electronic gaming operations and indoor firing range, payday lenders, and then this will not be used for um for living facilities and educational facilities.

So those are the commitments.

Uh as you may have noted, the um planning commission recommended approval um unanimously, and there were uh a broad number of uh comments amongst the planning commissioners that this was uh an appropriate use for this site.

We agree.

Um it's it remains in the uh major transportation corridor um and and the existing overlay that will not change.

So the only thing that's changing is the underlying zoning to allow for retail uses.

Um I can answer any questions that you have.

We appreciate your support if you if you would give it, and um I'm here to address your concerns if any.

Thank you.

Thank you.

Thank you.

I think if we have any questions, I think hearings open, so I just I don't think I have anyone else registered um to speak on this item.

So I'm gonna go ahead and close the public hearing colleagues and the questions for the applicant or staff.

Okay, thank you.

Thank you.

Uh I need um well first motion is to adopt an ordinance amending the unified development ordinance by taking property out of industrial park, major transportation corridor I-40 overlay and establishing the same as commercial general with a development plan major transportation corridor I-40 overlay.

So moved.

Second, have a motion and a second.

Madam Clerk, please open the vote.

Okay, please close the vote.

And the motion passes unanimously.

Thank you.

I have a second motion to adopt a consistency statement as required by NCGS section 160D-605.

So move.

Second.

Have a motion and a second.

Madam Clerk, can you please open the vote?

Can you please close the vote?

And the motion passes unanimously.

Thank you.

Next up, I have item number 23 zoning map change preserve at infinity.

Good evening.

Good evening.

Um thank you.

A request for a zoning map change has been received from Maria Farmer or Parker Poe for two parcels of land totaling approximately 18 acres and located at 401 and 301 infinity road.

The current zoning is residential suburban 20.

The applicant proposes to change this designation to plan development residential 6.185.

An office and institutional with the development plan to allow up to 90 multifamily units and up to 5,000 square feet of non-residential uses.

The properties are currently designated transit opportunity area, mixed residential neighborhood and recreation and open space on the place type map.

The proposed PDR 6.185 zoning is generally consistent with the TOA place type, while the OID zoning is generally consistent with the mixed residential neighborhood.

Um place type allowing for non-residential uses within residential areas.

Place type allowing for non-residential uses within residential areas.

Thank you, Steph.

The applicant are available for any questions.

Thank you.

Before I open the public hearing, do any colleagues have any uh questions for staff?

Currently.

Okay, I'm gonna go ahead and open the public hearing.

If the applicant could go ahead and join us.

Good evening.

Yes, good evening.

How many minutes do you think you'll need this evening?

Um 10 minutes.

Okay.

Madam Clerk, could you please put 13 minutes on the clock?

Thank you.

Good evening, members of council.

My name is Mary Farmer with Parker Poe, 301 Fayetteville Street Raleigh here on behalf of the applicant and property owner this evening.

I am joined tonight by the project's landscape architect Jeremy Anderson with Thomas and Hutton and Jeff Hockendell, the project's traffic engineer with Timmins Group.

Although a TIA was not required for this project, Jeff was hired by the applicant and is with us tonight because the applicant wanted to better understand the development's traffic impacts based on community feedback related to traffic.

As such, both Jeremy and Jeff will be available to answer questions this evening.

The property owner bringing this proposal tonight is a local resident with a small family business that has owned this property for seven years and has partnered with friends to develop the site.

While this is not what they do full-time, through their family business, they have site work experience with both private and municipal projects, including with the city of Durham, and will complete the horizontal site work for this development while looking for a partner for the vertical build.

The applicant is here tonight and is excited for the opportunity to take on this project, which offers a new housing type in close proximity to existing food, retail, parks, trails, and transit with environmental and income restricted commitments.

So just to orient you with the location of the site, again, it is two parcels, as Andy went over.

It is within city limits just along Infinity Road, uh east of the intersection of North Roxboro Street and Infinity.

The total acreage for the property is a little over 18 acres, but the actual developable acreage is much smaller given the environmental features on the site, which do require a 100-foot stream buffer.

And we've also made multiple voluntary environmental commitments, including increasing the tree coverage from 20% to 25%.

So as a result, a significant portion of what is already a fairly constrained site, given its unique shape, will be undeveloped.

The current zoning on the site is RS-20, and the applicant is proposing PDR and OI with a textual development plan, which will allow for a small-scale mixed-use project with townhouses and small office consistent with the comprehensive plan.

Again, as Andy went over, the place type does identify three designations for this site, a transit opportunity area, mixed residential neighborhood, and the recreation and open space.

This proposal does meet each of these designations because again, we are proposing a mix of uses, including new housing types near existing single-family homes and commercial uses and transit services, all while protecting the most environmentally sensitive areas of the site by clustering the buildings close together, ensuring 50% of the open space will contain environmentally sensitive areas, again providing that additional 5% tree preservation and a 100-foot stream buffer that aligns with that identified recreation and open space that you can see in green that bisects the site.

If approved by DOT, this will provide residents with pedestrian access to the parks and trails just on the other side of Infinity Road.

The Planning Commission was split on this case six to five.

But as you can see from the written feedback from the commissioners, the votes that were in favor of this project focused on the development's consistency with the place type map and the comprehensive plan, which is the main objective of the commission's review and recommendation.

So as you can see, Commissioner Piontac found that the development fits in with existing uh site plans and developments within the area to increase housing in the in the transit opportunity area.

And Commissioner Richie found that the development accomplishes a great deal in increasing access to housing near natural areas.

After planning commission, we did also receive additional feedback on the project, including from the Durham Open Space and Trails Commission, which led to the applicant adding an additional commitment to offer a permanent conservation easement for the floodplain and recreation and opportunity area to address the permanence of the open space that will be provided by this project.

We appreciate DOS and the Open Space Committee for taking an interest in our project after planning commission after seeing all of our environmental commitments and helping us identify ways to further improve the project.

And we are proud to be the first project to receive a positive report card from DOS.

Overall, this request is consistent with 22 out of 25 applicable policies of the comprehensive plan.

This request is consistent with three of the four TOA police type policies by again providing income restricted units and a location near job services, an existing transit, and a mix of uh uses at a neighborhood-oriented scale.

And finally, this rezoning is consistent with the review criteria in the UDL.

Before concluding our presentation, the applicant would like to come up and say a few words about the request as well.

Thank you for this opportunity.

My name is Sunny Rathi.

I'm and that's my dad, Billy, Billy Rathi.

Um, we invested in this property seven years ago because of our our long-standing connection to the city through our small local construction business.

Um, after more than a decade, proudly serving Durham on numerous city projects.

We look forward to completing the sidework on this project ourselves using local talent.

We are grateful for the opportunity again to continue working and investing in Durham and respectfully respectfully ask for your approval to put our request tonight.

Thank you.

And we would just like to thank the council again for your time, and the team will be available to answer questions.

Thank you.

Thank you, Mr.

Mayor.

Thank you so much.

Uh we'll start with our online speakers.

All right.

Brittany Westmore.

Ms.

Katie Ross.

Mr.

Mayor, she's not in the queue.

All right, Brittany Westfall.

Hi Brittany, can you hear me?

She's off mute.

I see.

Miss Westfall, can you hear me?

And just to be sure, Jeff Sturkey, you're in person.

Okay.

All right, I'll come back.

All right.

I have a few speakers here, so I'll call up a few at a time.

Uh Jeff Hotel.

Okay.

Oh, I can you hear me now?

Uh, there you go.

Sorry about that.

Uh can I still have my time?

Welcome, Ms.

Westfall.

Yeah, go ahead.

You have three minutes.

Okay, thank you.

Yeah.

Um, apologies for coming in on this a little bit late.

I think maybe there was another meeting that I had missed, but um I do just have some concerns.

You know, I recently moved into a house off of Infinity.

And um, you know, one of the big draws to this area is the wooded area.

You know, it's very nice to be near, you know, the amenities in Durham, but to come on to Infinity Road to get away from the traffic on Roxboro and all of the craziness over there and to be in a nice wooded area area by the Eno River.

There's a lot of wildlife.

There's regularly deer crossing the road.

So tearing out a lot of these trees over here and you know creating a lot more traffic, um, putting retail over here just feels very out of place.

It's really gonna change the um the feeling over here.

And um, you know, I'm very concerned about it.

There, there's already a lot of traffic on Roxboro.

Um, increasing traffic on Infinity, um, putting something this dense in there is very concerning, both for the people and the wildlife and the much needed tree uh coverage in this area.

Um I also am concerned about the flooding that regularly happens on Infinity Road and um you know what the plan is for um for that uh if there's gonna be more development in that area.

Um so just have some real concerns about this development.

Thank you for your remarks.

Thank you.

All right.

I'll now start with in person.

Um Steve Collin.

Welcome, followed by Andy Lowe.

And then Astrid Cook and Manetta Hood.

Welcome, you have three minutes.

Steve Cohn, 1406 Pennsylvania Avenue, Chair of the Open Space Committee of the Durham Open Space and Trails Commission.

As the citizen group that advises Durham's governments on all matters connected to open space, we've sent you our open space report card on the preserve at infinity with grades of 1A and 3Bs.

This property has substantial open space impact because it includes a rocky and valuable Eno River tributary stream that runs along the eastern edge of the residential parcel, and between that parcel and the smaller parcel proposed for office institutional.

The city's Eno River watershed improvement plan shows this stream as one of the only Eno tributaries rated excellent in stream quality, and by far the longest such stream reach in all of Durham County.

Per the Eno plan, this tributary, unlike the majority of the Eno's tributaries in Durham, needs no bank stabilization or stream restoration.

What it needs is permanent protection.

By offering to donate a conservation easement, this development is providing that permanent protection.

The properties, most ecologically sensitive areas are being protected by a commitment to leave these areas undisturbed.

And the proffered shared use path along Infinity Road with a constructed crosswalk across Infinity Infinity Road will allow ready access to River Forest Park and the Eno River Trails for everyone living, walking or biking along the north side of Infinity Road, a number likely to increase significantly as the area gets further developed.

Whereas there is no good access across Infinity Road now.

While we wish the developer had been willing to proffer a publicly accessible natural surface trail along the west side of the tributary stream, on the whole, we believe this development project is doing the right thing by leaving undisturbed all the areas that are designated recreation and open space and by offering to put them under permanent protection, just as the Durham Comprehensive Plan expects.

Thank you.

Thank you.

Welcome.

You have three minutes.

Good evening, Council.

Uh Mayor Pro Tem Mayor Williams.

Uh thank you for uh your time tonight.

Uh I wanted to speak in favor of this project here tonight.

It's uh nine up to 90 multi multifamily homes, probably townhomes.

Who knows?

Uh something different than the single family homes that are in that existing area, which follows the spirit of the comprehensive plan of mix of housing types and also a mix of uses with the commercial space.

So overall, I'm very happy to see you know this is a better project than just more single family homes in this area.

Uh and certainly has a lot of positive environmental impacts as the speaker before me noted.

Um but this growth, of course, is not without cost.

And I do want to acknowledge tonight there is both benefits to growth, which I'm a big proponent of, but there's also costs, and I'm certainly willing to acknowledge that.

And I know and I would say a vote yes for this project is can still acknowledge that.

You know, Southeast Durham has lots of growth.

South Durham has lots of growth.

Now North Durham has growth.

Uh I've lived next to a construction site before.

Um and so all that to say that we can acknowledge these costs while also all benefiting from growth.

Um, and so all that to say that we can acknowledge these costs while also all benefiting from growth, growth has lots of benefits and build out weigh those trade-offs as we have these cases before us.

So I think the project's great.

I really appreciate you know a local small business owner investing in the community and trying to make a really good project, proffering the crosswalk was a nice touch to get across the street.

That was something I actually noticed on the map when I first looked at this project.

Um please vote yes on this project, and uh thank you for your time.

Thank you.

Next.

Hello.

Let me okay.

Uh my name is Astrid Cook.

I'm representing the Environmental Affairs Board.

Uh we sent this letter to you all.

I'm gonna read it for public record.

Uh dear members of the Durham City Council, the Durham Durham Environmental Affairs Board Land Use and Planning Subcommittee has reviewed the preserve at Infinity Rezoning Application and offers the following comments solely regarding environmental impacts.

This site presents a constrained and environmentally sensitive context.

It lies within the Eno River protected area and contains a stream corridor with associated buffer, steep slopes, and drainage features running through the property.

The site is also immediately adjacent to the Eno River critical area to the south, increasing the importance of protecting on-site water resources and maintaining the integrity of the connected downstream system.

A defining characteristic of this site is that the stream corridor and associated environmental features are not peripheral but central to the parcel.

The proposal relies on a textual development plan without a corresponding graphical development plan, which limits the ability to evaluate how development will be arranged relative to the stream, buffer, and slope constraints.

Given the constrained nature of the parcel, this lack of spatial clarity is a significant concern.

The proposal's density is influenced by the inclusion of environmentally constrained land within the density calculation.

The stream buffer, steep slopes, and other constrained areas are countered toward allowable development intensity rather than serving solely as protected features that shape the design of the site.

This approach increases the importance of strong and clearly defined environmental protections.

Planning staff has indicated that the development plan could allow for stream and floodplain intrusion.

While the applicant has committed to avoiding direct disturbance of wetlands and floodplains, except for access and utility crossings, this commitment does not address indirect impacts.

Increased runoff, concentrated flow paths, and sediment transport can significantly affect downstream water quality and floodplain plane function, even where direct encroachment is avoided.

Although no regulated floodplain is mapped on the site, the on-site stream corridor drains directly into downstream floodplain systems.

As a result, disturbance within the site has the potential to impact floodplain function indirectly through increased runoff and sediment delivery.

We are concerned that this risk is not adequately addressed in the current proposal.

Of particular concern are the steep slopes associated with the stream corridor, while limited in extent, these slopes are located within the most hydrologically sensitive portions of the site.

Disturbance of these areas can accelerate runoff and amplify erosion, increasing the likelihood that sediment will be transported directly into the stream system.

Even where buffers are preserved, upslope disturbance can overwhelm their effectiveness.

The subcommittee is also concerned that the proposal anticipates compliance with standard mass grading and phasing practices, which may not be sufficient given the site's constraints.

On a site where steep slopes and essential stream corridor are present, large-scale grading increases the risk of erosion and sedimentation over the course of construction.

Thank you.

Following Ms.

Hood, we have Samantha Boyd, Mary Ann Caitlin, Jax Epston, and Pablo Freeman.

Welcome, you have three minutes.

Good evening.

I'm against this project because of the problems that we're gonna have with the traffic, just trying to get out of river forest on infinity.

Sometimes there's a lot of traffic now.

Well, with this project, it's gonna be even worse.

Just trying to get out to go to work or go anywhere, leaving out around the neighborhood.

Thank you.

Thank you.

Next.

Thank you for this opportunity to address everyone.

Um I live in River Forest.

We stay the closest to the light.

The traffic, each house will have two to four cars.

I can see us not being able to get out of our neighborhood.

We also experienced the flood before they did anything.

Before with the building that they had already done, people were up to here.

I just learned that we had neighbors, children, and then were rescued in a boat.

Now they talk a good game, will they honor it?

That's what I want to know.

Once they start, they can do whatever they want.

They don't.

My taxes increase twice.

I'm paying $200 more in my mortgage.

The apartments are like 60.

I mean, the homes are like you could your average income is 60,000.

I never even made that in my I barely make 40.

And now that I'm near the retirement age, also they cannot guarantee the flood won't happen again.

And the environment costs, we have wildlife and everything.

That's a lot to sit there.

And I'm not saying you think, but I know would you bet your life that the flood won't happen again?

Would you bet on your life?

Because I'm the one that has to live it.

I've been in my house 30 years.

I'm at risk of losing it.

They'll still have something.

I'll be homeless because there's no way in Durham to live.

And I don't want my front view to be my neighbor's back door.

Well, we share the same driveway and everything.

Can you promise us safety?

Can you promise us that everything will work out?

It looks good on paper.

But once you live that situation, you can't go back.

You cannot go back.

Please help us.

This is almost like throwing us into the Lion's Den.

Because it's like throwing us into the Lions Den where we lose, where we're going to be devoured by everything.

Thank you.

Mary Ann Caitlin.

Hi, my name is Mary Ann Cantlin Barker.

I live at 702 Crestview Drive.

That's in the Hickory Ridge neighborhood.

That's just north of this development.

I know you guys hear a lot of traffic concerns and complaints about increased traffic, but I want to talk particularly about the intersection of North Roxburgh Ladda and Infinity Road.

Traffic there is atrocious.

At one time, the DOT, what who owns that intersection, was going to update that intersection.

There was a public meeting held in 2018.

It was in the plan to be updated.

However, October of 2019, there was a budget shortfall, and it started to get pushed back.

And each each date that I could find January 21, January 23, October 24, January 25 kept getting pushed back, push back, push back.

I emailed the project manager for that project, which to be in the record is transportation improvement plan number U5516.

I emailed him and asked him what's the status of this improvement to the intersection, which would increase like help out with traffic, and introduce some roundabouts, have some right turn only just to improve flow of traffic.

Because I figured maybe it would be pushed back to the 26 to 35 step plan, which is a state transportation improvement program.

It's not even on that.

So there are no plans to improve that intersection at this time, which it dreadfully needs as is.

And if we continue to put in more dense housing in this area, it's going to get worse.

Goodwin Crossing, 149 homes.

Lotta park on Guest Road, 176 homes.

Eno Village on Roxburgh Street, 382 apartment and townhomes, Alta Durham Summit, 312 multifamily homes on Duke Street.

All of this is adding to the traffic on North Roxburgh Road.

And with this intersection not getting improved, we know that that is that it's not going to be improved.

It would be irresponsible to move forward with this plan.

And I think you need to follow the plan the planning commission's recommendation to not rezone.

Thank you.

Thank you.

Next Jeff Epson.

Hello, my name is Jax Epston.

I'm a librarian and I live in Hickory Ridge adjacent to this proposed development.

I'm opposed to this development ad is as it is currently proposed.

And respectfully, so far, everyone who is pro this do not does not live in the area or the neighborhood.

As this rezoning stands, this does not address the city's affordability needs and could lead to displacement as 68% of renters in the census tract are cost burden, which is more than the county average.

Only 5% affordable units at 80% AMI is not sufficient.

The current built environment and infrastructure cannot handle these developments.

As I appreciate, even though I appreciate the developers' environmental additions, we need to look at this area holistically, not just rezoning by rezoning.

As you could proclaimed at the beginning of this meeting, we need responsible growth.

Right now, this is one of the three rezoning proposals in the area, representing over 40 acres of mostly forest.

With the other significant developments already in progress very close by, which Caitlin just mentioned, including Eno Village, which is just completely clear cut.

These account for over a thousand new homes, townhomes, and apartments.

I'm worried about the strain, those those plus these two adjacent rezonings will put on our infrastructure, including sewage, wastewater, roads, traffic, emergency dispatch schools, and more.

The increase of impervious services leading to runoff will put additional burden on our neighbors, many of whom are flooded during Chantal, which many of the planning commissioners were concerned about as well.

I care deeply about Durham, the area, my neighborhood, and I want thoughtful, sustainable, and holistic approaches to development that prioritize affordability, green space, walk and bike abity.

Right now, there are no contiguous sidewalks in this area.

Very few crosswalks, limited bike lanes, and hardly any dedicated bus shelters.

And while there will be a crosswalk, that's great.

It does not lead to actual contiguous sidewalk infrastructure.

I wish we could walk and bike safely to nearby schools, libraries, and bus stops.

We can't.

The bus stops just are just the side of the road.

Um right now, as plan these developments are not aiding in housing affordability or infrastructure beyond the perfunctory.

Um development for development sake is not going to support the area.

Please deny this proposal as is an infest in actual affordable housing and improving the infrastructure in this area before we continue to develop more.

Thank you.

Thank you.

Next, uh Pablo Freeman Friedman, um, followed by Jeff Storkey.

Welcome.

You have three minutes.

Good evening, Mayor Williams, Mayor Pro Tem Caballero, members of city council, staff, and the millions of viewers in attendance tonight.

Um I want to specifically in the theme of the budget guidelines where staff, I think, prepared a really good um recommendation.

I really want to highlight this new model around the change report.

I haven't seen this one until this one tonight may have been done before, but I just hadn't noticed it.

But I really like it because I think it lays out some really clear metrics as you go about making your decision.

And if you're following along either online or on the dais, I want to go to page four, specifically around uh Section F, social and built infrastructure, some particularly pages four and five.

So the developer is proffering fifteen thousand dollars to the public schools.

And I want to be really clear.

I'm speaking tonight in a personal capacity, uh, somebody who pays premium taxes in Durham and lives and votes in Durham.

I'm not speaking, um, I'm only speaking that capacity tonight.

Um, as you'll notice from pages four and five, you're gonna add net 25 students to the school system.

If you divide the proffer by 25, it's about 600 per student.

I think that's too low when we talk about public goods.

I know many of you are products of public schools, sent your kids to public schools, believe in public schools, even issue statements around Lee Andrew.

This is something you can control, right?

I think the council sets the expectation around proffers when it comes to public schools.

I think 15,000 is too low, right?

If we care about our public schools, especially with the funding situations we're in, I think they could be asking for this special permission.

They should be proffering a higher amount.

Secondly, in this table that you have before you where it says percent of existing capacity, I think you should um have another line under there that says how many students until you reach that capacity.

As you all know, the school system recently did a major reassignment, and so you add, for example, at the middle school five, you're right at 96, almost 97 percent.

When does five here, 10 there, 20 there?

You quickly get 100 percent, you're gonna have to do another reassignment.

And so as you approach those numbers in your back pocket, you could ask developers when they come to you, be like, hey, are you gonna hold some land in trust to build a new school, consumer reaching at capacity with this proposed of film?

I think that's something that you can do to support our public schools, not just for this uh request, but moving forward.

I mean, these are very smart people that they've hired.

Parker Poe is not, you know, they know what they're doing.

Same with Morning Star Law.

We know who these folks that are coming up, they're very smart people.

The applicants pay top dollar.

I think the public good needs to be defended from the dais.

And these are some questions that all of you, as our elected officials can be asking these folks to preserve, fund and ensure our public schools continue to thrive because they're the last backbone for our democracy.

Thank you very much.

Thank you, Jeff Storke.

I'm a little rusty on my protocol, uh, Mr.

Mayor, uh, Madam Pro Tempore, uh Commissioners uh thank you for allowing me to speak.

People far more eloquent than I have already spoken on this tonight.

Uh really uh the you we can't depend on the state to reduce the traffic.

Uh we've got the preserve at Infinity, Goodwin Crossing, Latta Park, Black Meadow Ridge, all within a mile and a half of that.

The folks living in uh uh river forest have one left turn option to get out of their neighborhood.

They've got two right turn options in, but that only one.

And with the additional traffic, they're going to be locked in their place.

Um has the Durham fire chief seen the these plans and given uh his or her blessing on availability of equipment and uh and firefighters for any emergencies.

The there's only five percent uh uh affordable housing, and affordable housing as I understand it, is uh 70 to 80 percent of the going rate in that area.

And I have a hard time imagining it being affordable for a teacher, a Durham public school teacher with uh three years' experience, two kids, and a spouse, a single wager and her family being able to afford uh 70 to 80 percent of a 400,000 town home.

That just makes no sense to me.

Uh the traffic most of the day, you sit through the light two rotations to get from Infinity to North Roxboro.

In the evening, uh rush hour, traffic will back up on ladder road past the lucky dog for about a quarter mile to get through that intersection.

And again, it's usually the second or third time for them to get through.

Um again, uh $15,000 for Durham Public Schools, that's uh uh bless your heart.

Uh you you have great opportunities here, but it's time to kind of share.

Let's look at tithing.

I know I don't know that that is a legal term anymore, but uh uh.

We don't have the infrastructure to try and put this in.

And once those bulldozers start, they start taking down trees and they replace one that is two inches around, which is a year or two old and a two-foot-tall tree.

You can't put the toothpaste back in the tube.

Uh please take the advice of the planning board, planning commission, and do not support this.

Thank you.

Those are all the speakers that I have signed up.

Would you like to have a response?

Just briefly, um, we would like to address um the traffic and the flooding concerns that were raised.

Those are two of the um biggest concerns that that you all um we all just heard.

Um we certainly understand that traffic is a concern in this area, and that folks are frustrated that the NCDOT project that would have addressed the traffic at the intersection of Infinity and Roxboro fell off the step.

We want to see that project move forward as well, but we cannot control the timing of that project, and the property owners um cannot control the timing.

Um, but what we do know is that DOT's list of projects is long, and where the most people are impacted is where prioritization occurs.

And so again, this area is growing.

The city's comprehensive plan identifies this area as a transit opportunity area.

The new draft UDO plans to upzone this property to CX5 and RX3.

And so development is coming to this parcel, to these two parcels and to this area, whether it is through this rezoning, which is offering income restricted units and numerous environmental commitments, or whether it's through the city's own efforts.

And so all of that will increase the likelihood that the DOT project will become a priority.

More importantly, this project is again only 90 units with 5,000 square feet of office.

So it does fall well below the threshold for a TIA.

But because we understand that these have been concerns, these are concerns that we heard about at the neighborhood meeting for this project and at Planning Commission.

We again voluntarily studied our impact to the intersection.

And the anticipated traffic generated from this project will account for 1.5% of the traffic at the intersection.

And we do have again our traffic engineer that is available to answer questions as it relates to that.

And so while we certainly recognize that it would be ideal for these improvements at the intersection to occur before development occurs, we know that that's not often reality.

And so this project should be able to move forward because it is consistent with the comp plan and what the new UDO is calling for.

And uh will uh still provide roadway improvements as the the tax commitments reflect.

And then just quickly as it relates to flooding and stormwater.

Currently, there are no stormwater control measures on the site, and city and state rules do require the treatment of the difference in impervious by not allowing a higher volume of water to leave the site than it does today.

And so what this means is that stormwater control measures will be required to be installed on the site on uh both the residential parcel and the office parcel to control the flow, treating for not just quantity but also quality for multiple storm events, which will be better than the sheep flow that is just running off the site today.

So on the residential parcel, this will most likely be a stormwater pond, and that will be adjacent to the stream buffer, and that will retain and release water over time.

So again, instead of it free-flowing downstream into the river forest neighborhood, that pond will retain that water and it will slowly release over time.

So allowing the site to be developed means that stormwater will be treated.

If the site is left undeveloped, that means that the conditions will remain the same, which as you've heard are not favorable.

Uh and again, our team is available to answer uh any other questions you may have.

Thank you.

All right, thank you.

Those are all of the speakers that I have for this item, so therefore I'll declare the public hearing closed and back before the council.

Councilmember Colbeck.

Thank you, Mr.

Mayor.

Thank you, the applicant.

Thank you to residents who've come and spoken.

Um, you know, there are clearly concerns about flooding in this area and other areas of Durham with a changing climate and increasing development.

Um, you know, I hear that there's development, there's flooding issues now on the site, and so I think it's an interesting point about uh with the right control measures, it may it may lessen uh versus what's being faced today.

Uh I'm curious, in addition to what you've stated based on what you've heard, if there are any other commitments you're able to make around trying to address peak flow rate uh, you know, given the the concerns and what folks have experienced in the past in this area.

Yes, so um our team did after uh planning commission look to evaluate what we might be able to do in terms of additional stormwater treatment on the site because of the unique shape of the parcel.

We are not able to upsize the pond that will be provided on uh the residential parcel that I previously discussed before.

Um, but that said, um, we have uh looked at other ways that we may be able to address this flooding concern, and we are prepared tonight if it is the will of the council to add an additional commitment that where uh the discharge from the stormwater control measure will flow to the culvert that exists underneath Infinity Road.

Uh the post-development uh peak flow will not exceed the pre-development peak flow for the hundred-year storm event at the inlet to that culvert.

And we think that that is really important because that culvert is where the water from the site ultimately drains downstream, and so that is something that we are prepared to do in addition tonight.

Okay.

Uh thank you.

Um obviously affordable housing is a critical issue that we face as a community, and I appreciate that this site is within a quarter miles of transit, uh, which is a good place for housing generally.

Um, you know, but we always want to see higher commitments.

We often do see higher commitments around affordability.

Uh, and so I'm wondering if the applicant will be willing to increase that 5%, uh, possibly upwards of 10%.

Um, would you be willing to go higher than what's previously been proffered on that?

So our understanding is that projects that have been able to do more than 5% or that have offered more than 5% have been able to do so because they happen at a much higher density, which allows the project to then absorb the cost of subsidizing those units.

And so because this is not a large developer, um, again, this is a property owner with a small business who um has invested in the site and plans to undertake a significant portion of this themselves.

Uh we have been mindful of overcommitting and not being able to deliver the project.

Um, but uh we do understand that affordable housing is a priority in particular for the transit opportunity areas, and so uh we are prepared if it is um the will of the council to increase that commitment from 5% to 8% tonight.

Okay.

Uh thank you for that.

Um, you heard from the environmental affairs board um some recommendations around the stream buffers.

Um are there any enhancements that you think are possible uh along the stream?

I know what we heard from Durham Open Spaces and Trails, which I appreciated was that um you know that the protection was gonna be the most crucial here, but I'm curious about what measures can uh or other you know uh measures you could take uh around the the stream buffer protection.

So my understanding is from those comments the the concern was really about erosion control.

And our understanding is that the uh Durham UDO has been updated within the last few years to add additional erosion control requirements that will be required at site plan for this site.

So in the past, it it was typical to commit to additional silt fencing or things of that nature, and all of those enhanced erosion control uh requirements that you often used to see as commitments are now requirements of Durham's code.

And so we will follow all of those as as the site is developed.

Steph, could you speak to that?

Yeah, thank you.

Um so several years ago there were additional um requirements for sedimentation and erosion control that did increase the uh silt fencing, I think to two for soils in the Triassic Basin.

And there were other storyline erosion controls um done at that time.

Um what we have seen is um applicants have committed to three rows of silt fencing to better um address sort of the sedimentation issue at construction or the size of um the temporary pond.

Um but there's just those are just some of the examples that applicants have done beyond what has been amended in the UDO.

So there is the potential to do more in this site, but you are acknowledging there's enhanced standards from where it was before.

So I'd be worth considering that if there are additional measures if you're able to consult on that.

Um, I saw there was gonna be a commitment to some native species.

I'd be curious to know if you're able to just do 100% on the site.

100% of new plantings being native species.

Yes, for the PDR district.

For the PDR district.

Okay.

Um, and finally, I think you know, the point around drum public schools is a really important one.

And you know, we see the financials in terms of operational costs, and that doesn't even speak to the reality of needing to build uh more schools in the future.

And so, you know, I think this is an area where I would like to see us have higher expectations around you know per pupil contributions uh in a year higher than what's existed in the past, which was 500.

We're now seeing 2,002,500 higher per people.

Uh and so uh and I think there's good uh cause for that.

Um I I know that as an applicant you have to weigh a bunch of considerations uh in in trying to make a project come together, but I would be curious to know if that's an area you're able to increase as well, given uh that you know we hopefully will see additional students in our public schools from these developments.

As you noted, our hope was that our commitment by doing the $600 per student when the typical um is $500 per student was going above and beyond in terms of of what we were able to do and uh adding additional commitments at this time.

I think our priority would be um increasing the affordable units um from the 5% to the 8% and uh prioritizing those other environmental commitments, which do add significant cost to the project.

Um so I do not think that increasing the school commitment is something that we are able to do at this time.

Okay.

Well, I would like to declare that I think that's an area we should increase expectations uh around you know for applicants to consider as part of an overall uh application.

Uh I'll say in my remaining time, I won't take my remaining time, but I do want to acknowledge the partnership with DOST, uh, that committee's work on this and the uh acceptance of the recommendation of the permanent conservation easements, uh something uh I don't believe we've seen before in environmentally sensitive areas and and the open space area, so I appreciate that.

Uh also the steps around the BPAC recommendations on multi-use paths and the crossings.

Um, you know, we don't have contiguous sidewalks at this point, but this sort of project can help us be another step towards having that connectivity in the future.

Uh and so I see that as a positive.

Um I I really appreciate that it leads across the street, the crossing to Mountains and Sea Trail, which is State Treasure uh, as well as the um uh the River Forest Park.

Um and so that helps us with our our goals around walkability and access to to great amenities like parks.

Uh and once again the TOA site and the quarter mile from transit is uh is a positive as well.

Um I will leave it at that.

Uh and thank you for answering my questions.

Thank you.

Thank you.

Uh Councilmember Baker.

So we know that um there is uh one very valuable use that is already on the site today, and that is um forest, um, which serves many different uses.

Uh very good for sustainability, wildlife and habitat, uh storm water, uh filtration, all sorts of things.

So it's not a vacant site, it's not an empty site, it is a forested site.

It is uh serving uh very vital uh use at this time.

The comprehensive plan in the place type map map calls for uh more intense uh development on this site, transit-oriented uh development.

Um we we that that was a robust community process to develop the place type map of the comprehensive plan.

And so um we have we have to come to this kind of question of if we are going to tear down something that is already valuable, whether it's forest or anything else, are we replacing it with something that makes Durham better?

Um I think it comes down to that simple question.

Is it is it current uh is it consistent with the comprehensive plan?

Is it truly consistent with comprehensive plan?

And does it make does it make our city better?

Um I for me, uh this case uh, and I had a long list of questions, but for me, this case does not reach that point.

Um I am willing to vote for density on forested land.

I'm willing to vote against uh a room full of uh people in in opposition.

Um, but I stick to my guns on cases like this.

I think that it's that it's vital as we grow, we need to grow well and sustainably um and equitably.

I don't think that this one gets us there.

Um there I would uh again, consistent with the comprehensive plan, I would support multifamily uh and mixed use development on this site, uh again, consistent with the future place type map.

Um but I am not comfortable with this specific rezoning request.

It is on the eastern edge of uh the transit opportunity area as as designated in the place type map.

Um that is the far edge from uh Roxboro from where there is actually uh potential where there's actually existing transit and potential for more transit and transit accessibility.

Uh we need to make sure that it is a cohesive, cohesively planned um area and make sure that we are maximizing connectivity and um accessibility throughout that entire area, and it is full of irregularly shaped um parcels, but we still need to be thinking cohesively about this entire transit opportunity area.

If we are truly serious about wanting to become a city that is more transit oriented and that is more equitable, that is more sustainable, that is more resilient to these major global disruptions in energy and fossil fuels.

If we are truly serious about that, then we need to be truly serious case after case to make sure that we're being responsible to what we what we say that we are uh that we care about.

Um and again, I I do believe this could in in the future at some point become a more densely developed uh parcel.

I think we have a lot of other areas in our city that could be developed with multifamily and density today that would be more accessible to transit.

Um so again, I would just reiterate that at this time I don't think that this is uh something that I'm comfortable moving forward with.

Uh and I would encourage um a denial and if colleagues are not comfortable within denial, at least uh continuance on this case so that we can try and get it closer to something that that uh is more consistent with the values of our comprehensive plan.

Thank you.

Councilmember Burrus.

I'll be brief.

I don't have very much to say on this issue.

I thank you for the applicant as well as community members who have um uplifted these concerns this community.

I do know someone who stays a Pilatero, I think, off of stardust.

So I am familiar with how traffic does back up and it feels like you're kind of trapped in your community, but also at certain points of the day, it does take several light cycles to get through there.

Um I don't feel necessarily great about knowing that uh deal, we're basically at the whim, we don't have a state budget, so I can only imagine when DOT would be able to address these issues and is a quality of life concern for me.

Um thinking about what's happening in other portions of our community where we haven't thoroughly thought about the impacts of growth, and I just can't imagine our other neighborhood putting someone else to their experience with the quality of life.

Um, particularly for this project, I feel as though thank you for proffering affordable housing.

It does nothing the sway me with this.

Um I think you have like it is particularly around just like 80 percent in the AMI and think about where our touch points are in the city about who needs housing as well, which we talked about a lot tonight, so that's really important to me as well.

And then just also cannot overlook the environmental concerns.

I do think that one of the community is already flooded during Shenzhaw.

Yeah, so yes.

And so it's like though we can't I couldn't imagine someone buying a home in an air potentially flood, and then you're not probably getting insurance in the future.

Think about some of the things that happened in Florida.

So we have to make sure that we are being good stewards of public land, but also making sure that we are not putting people in in risk of um being stuck in something, an upside down and something.

So while I do appreciate you all for your presentation, I have not been moved based on the environmental concerns and also what lack of affordable housing would I deem to be.

I know you're a small developer, but considering what's happening in our community right now, uh like was it like seven units at this point that you would be proffering for 80 percent of it does not move me in this area.

So thank you all for your time.

Councilmember um wrist.

Thank you, Mr.

Mayor.

Um Thanks for the presentation, and thanks for the applicant here.

Thanks for the residents who come and spoken about this.

Um this is a um this is uh as some of the folks from the EAB have said tricky case, it's a constrained site.

Um and so I have a couple questions about that actually.

Um I do wonder, first of all, this is maybe a simple question, but uh I know um there's a question from my colleague, Councilman Copec about native trees.

You said native trees would be on the on the PDR site, right, but not the uh OID.

So we committed to a hundred percent native trees in the PDR district, and then 75 percent native trees in the OI district, and that's simply to account for the difference in the commercial versus the residential landscaping.

But what what's it what's the difference you mean in terms of what's typically done in commercial landscaping or Jeremy, our landscape architect excellent.

Yeah, good evening.

Uh Jeremy Anderson, Thomas Nutton.

The reason we left that at 75 for the commercial parcel, there's typically landscape buffers, larger landscape buffers, more variety of material required in those buffers and parking lot landscaping.

So it just allowed a little flexibility for material.

It's a small site.

If we want to go 100 percent on everything, we'd be comfortable doing that.

But it just allowed a little flexibility for some variety of plant material for for the uh street trees on the PDR is pretty straightforward, and that's a great place to use the native trees, but the commercial gave us a little flexibility.

Appreciate that.

Yeah, if if the if the applicant would consider that 100% in that in the OID parcel.

We would be fine going to 100 percent.

Thank you.

It's a small amount of trees.

Appreciate that.

Thank you.

Um next question is about the um again about the site.

So it is it's fairly constrained, right?

And I know there's some concerns about the relationship between the development of site, stream buffers, and steep slopes.

So and I know with with the textual development plan that you can't, it's it's you can't really describe what that looks like.

Would the applicant consider proffering a graphical development plan as well so that it can be clear like what the relationship is between the developed fellow parts the developed parts of the site and those steep slopes and streams?

At this point, I would defer to staff.

I do not believe that we're able to switch from a text-only development plan to a graphic development plan.

Um but what I will say is could add that as that's and then maybe staff can clarify.

If that could be added as well, I don't know.

We'd love to if the applicant was looking to um change a textual development plan to a graphic development plan, it would need to go back through the review process and go back through the planning commission for a new recommendation vote.

And then back to city council.

So they can you couldn't simply add a gravigal plan to the existing text.

Um the graphic development plan is its own zoning district.

You'd have to, if you're changing it mid um mid-process, it's got to go back through the review process.

Um and then basically start.

Start anew.

Good evening, Sarah Young.

I'll just add that that is prescribed in the ordinance, and that is why there is not flexibility because the ordinance explicitly calls that out.

Okay.

Thank you.

Yeah.

If I may, I will say that um we did submit this uh rezoning with the textual development plan.

Uh I believe it was May of 2025.

And we did that because um the city's process had recently changed to allow the textual development plans for the PBR district.

And our understanding is that this was in part to help streamline the city's process um and make the upfront costs of development um uh uh to limit that so uh housing can be more affordable um here in the city.

And so that is why um the property owners did take advantage um of that option.

Um so uh I I would like to also um point to the the graphic that we do have um here on the stream in terms or on the screen in terms of the permanent conservation easement and where the place type map um shows that recreation and uh open space designation because that is uh directly in line with the floodplain.

And so you can see where the stream um uh is in the center of the site, that is where our hundred foot stream buffer will be located.

Our steep slopes are uh almost entirely inside that stream buffer.

Um we've also again added that textual commitment that uh 50 percent of our open space will contain those environmentally sensitive features.

And again, as you can see here, that floodplain will also directly correlate with that stream buffer.

So while we don't have that graphic that may identify and show all of those things through the city's maps, um we are able to see where a lot of those features are located.

I appreciate that.

Thanks.

Actually, while you're on that, let me keep that up there if you would.

So I do have a question about the the stream there.

So in the uh text commitment, you're let's see, for the PDR, NOID.

So existing floodplain and wetlands shall not be disturbed except for access, including vehicular, pedestrian, and utility access.

Can you say more about that?

What's what what is planned or what may be planned for that?

I'll have Jeremy speak to that one as well.

Appreciate it.

Yeah, thanks.

I appreciate the question.

Um so the reason the vehicular access provision was put in there, you can see infinity road there at the bottom of the site.

It's almost uncovered, or it's kind of included in the floodplain, which is why the road does flood at occasions.

That's where our driveway has to be.

So in order to assess the driveway, our road, public road access to the site has to be right there where the floodplain is.

So we will impact the floodplain getting into the site, not raising it, but our driveway will technically touch the floodplain for the road coming into the site.

That's why we had to put the provision that we won't touch the floodplain except for vehicular access.

And that's why it's not so because I think you know, I think the environmental affairs board and others would love to see like you know, only crossings if absolutely necessary, but you're saying it's absolutely for for this site.

You can see that the floodplain basically covers the entire southern boundary of the site where it touches infinity road.

So we have to cross it to get into the site.

And there is that the only planned crossing, are there others that it is.

Okay.

Appreciate that.

Yeah, you know, this is um, it's a this is a relatively again, small site, 90 units.

I appreciate the additional proffers of affordable housing as well as the um put my notes up here.

The um additional proper also about the stormwater treatment.

Really appreciate that.

Um I appreciate the the you know thinking carefully about the the BPAC comments on the I'm the representative of the BPAC.

Um I appreciate the work with DOS to sort of do the easement.

So I think I think there's no perfect case.

I think you've done a lot to really work with the community with the council here to sort of sort of thread the needle in this one.

So I think you've done a I think you passed the threshold and I will be supporting this, so thank you.

And also, you know, again, uh the things we're saying, we are we know that we're growing in this community in this region.

Um the the data shows about 2055 we're gonna grow by 50 percent.

So we need more housing, including affordable housing, and so I appreciate every bit of housing that we get, and especially the the 8% commitment.

So thank you.

Thank you.

Councilmember Cook.

Thank you, and thank you to the applicant and everyone who's come to speak tonight.

Um are these residential units going to be for sale or for rent?

The plan is for them to be for sale.

Okay.

Um and that's I know that there was a di a potential diversity, and that will be for all of the units, no matter the build type, or if there's a diversity will that change.

For the income restricted unit commitment.

Just for all I thought that there was some conversation of potential for different types of housing, my misremembering.

So we we do have uh the option for multiple housing types, and that's simply because the UD UDO defines a townhouse as being uh uh located on individual lots, which requires subdivision.

And so we just wanted to um it preserve flexibility in terms of whether or not the units will be subdivided on individual lots or not.

Okay, not making a difference in the first sale versus for rent.

Yeah, and and given the the shape of the parcel townhouses is what makes the most sense.

Okay.

Um can you talk more about the stub outs?

I think it was on the western and then northern part of the parcel.

Yes.

And I will pull up.

Um I guess this is the the most accurate.

Um and if you can see, I believe the mouse will maybe follow along with me, maybe not.

Um so stub outs will be required at site plan to the north up here and uh to the west.

And as neighbors had um mentioned, there are other uh development projects that um have submitted applications.

Um so there is an application for rezoning right here.

Um and uh the DOT project that was pulled off the step um but has been designed um does show um how there could be connectivity um uh through the site to make another connection up here to uh North Roxboro Street.

So we would be providing a public street through um our project with that stub out to the north and to the west to provide cross connection.

Okay, and the and the crosswalk goes across in fit.

Can you just leave that map up?

The crosswalk goes and across infinity road down here at the bottom across also the floodplain.

Yes, at Windermere Drive, it is also where um there there is floodplain, but we are again required to provide that 10 foot multi-use path along um infinity road.

So um there will be um that slight impact there.

Um but I think it is important to note um while there are gaps um in the sidewalks along Infinity Road, there is sidewalk along Windermere Drive here.

So but by providing that crosswalk here at Windermere Drive, um folks uh will be able to fully access River Forest Park using a sidewalk.

Okay.

Um and then so the development that's planned for or there's there is a potential development for the western part.

Does that go all the way down to Infinity Road?

The you mean the the parcel to the the one to this one.

Yeah.

So that is that is not um this applicant, that is uh a different application.

Our understanding is that um it is uh three narrow parcels right here um uh adjacent to to the site.

Okay.

Have you all had any conversation with them shared use paths or anything being contiguous across that property?

I know obviously you don't own it.

No, not directly.

Haven't reached out to them.

Okay, but had to had some conversation about that stubbut going on the west side as well.

Well, and we've had conversations with city transportation that it will be required.

Okay.

Um thank you.

Those are all my questions.

Yes.

Thank you.

Mayor Brothers.

Thank you.

I appreciate everyone's questions and comments tonight.

I will say that um it is a tricky case.

We we have both our DOS to interestingly, we have in my mind three um resident-led groups that kind of provide us in different ways, uh different lenses around environmental issues, BPAC, DOS, and EAB.

And even amongst them, they're not aligned.

Um so I just I find it these are the cases that I find uh tricky.

I will say that it is also a smaller case, and I do actually appreciate that it's a Durham resident.

I think we are slowly boxing ourselves into what we've, you know, allowing or not allowing.

We don't want the big builders because they are not from our communities.

Um they they don't live here, they they don't have the same skin in the game necessarily.

Uh but then those projects are smaller, and so they can't necessarily offer the same things that a pull tea or a Lenar or whatever.

So we are in this hard space of, you know, basically we want to cook you, but not that cookie.

Um so uh while I definitely hear the concerns of community, this is comp plan aligned.

Uh to Councilmember Baker's point, the comprehensive plan had thousands of residents input.

Staff spent years, we spent lots of money hiring uh consultants doing uh outreach in uh in a way that many communities actually don't do.

Um and this is a transit opportunity area.

Uh I sit on the TPO, I know very much about this ladder road project, how it's been taken on, put back on, where's the funding, where's not.

It's not one of the, it's not the only project um that we are seeing lots of moving around on.

It is a statewide issue.

In fact, the entire funding formula around transit and roads in North Carolina is being discussed currently.

Uh, I actually encourage residents to not just come to our public hearings, but to actually advocate at the General Assembly where much of the decisions impact you very directly.

You want that project, happy to connect you with a division five engineer uh and have you advocate for that project.

Please email me.

I'll make sure it happens.

Um if they hear from residents, if you show up to our TPO meetings, if you provide public comment there, it might actually happen because most people don't show up in those spaces.

Um and and that will improve your quality of life uh radically in that intersection.

Um I don't know what's happening on the other side of that project, but what will happen if if it is able to move forward is those small traffic improvements that this project is doing, they will also be required of those folks.

Um there will be continuous, contiguous sidewalk frontage that would connect that parcel to this parcel.

Is it ideal?

Absolutely not.

Uh is it better than what's there currently?

Yes.

This is a at the end of the day, an infill project.

It's in city limits, it's not as annexation.

That means that this developer can sell or build whatever is by right.

They do not have to come back before us.

Uh all of the things that are being proffered currently would not necessarily have to be proffered.

Uh the protection of that stream would not have to be proffered.

Uh the donation of affordable units would not have to be proffered.

So again, is it ideal?

No, but I don't live in the ideal world.

I live in a world where I have to make hard decisions, tough decisions, and at this point I'm leaning yes on this project.

Again, sometimes we ask for continuances.

Again, I appreciate Councilmember Baker's point on that, but for 90 units, we're getting against the wall about what uh what a developer can actually offer.

And for the public school comment, I believe me, I really want our public schools to be funded.

Our public schools are so defunded that parents are actively choosing to send their kids to different types of schools, and our enrollment is actually decreasing at Durham Public Schools.

In fact, there was a large article a few weeks ago about how they're going to have to shut down some of our public schools or merge them because they're seeing enrollment decreasing uh so rapidly in Durham Public Schools, which is uh heart wrenching, quite frankly, as a product of public schools, uh myself of North Carolina Public Schools, uh fourth grade through college, didn't go to a private college, didn't go to a private grad school.

Um, and currently have three public school students and a student at a public university in North Carolina, again didn't do the private track.

Um I I hear the conc uh the concerns from residents.

I um I understand again all of the tension points, and when we have a developer who is again bigger and can offer more, I do think we need to push more, and we've seen more and better cases.

I will also say that this is probably one of the smallest cases as far as units provided offer as much as they are offering.

So I do want to thank that Durham residents for for doing as much as they have.

Thank you.

Thank you.

Uh I'll be voting yes on this.

Uh and I for me.

I've driven over here several times, and everything regarding traffic.

Uh floods uh that the neighbors said real.

Uh but I but I also know that uh the more that we ask for proffers in here, which I'm okay with that.

I I actually want, I would like us to start just partnering with the Durham Public Schools Foundation and making donations there because they have a lot more agility and at least we'll know exactly where the money is going.

And I do look like I would like more sizable donations to the schools.

But I also realize helpful.

I also realize that the more we have donated up front, the more on the back end we can't control when it comes to how much something costs.

And that's just reality.

I'm not going to pretend we're in some mystical world that we get everything we're asking for here, and we think we can control what's happening on the back end.

Um but I'm willing to get that because at least I know what we get up front we got.

Um I also know that we need housing at every level and at every income.

We need every housing type, that's you.

And we also need housing at uh uh every income level and every type.

Um I'm looking at you know what we're dealing with with the budget, and I am looking at the fact that we need housing, and people say we need more housing, but we don't want you to approve this housing case.

Or I'm not going to support this housing case.

Uh we have a budget shortfall, or we have these new improvements that we need, and the only way we can pay for it is through property tax or sales tax or taxes that we generate, but we don't want to take these taxes.

Um, you know, the site, you know, as it is, is suffering from flooding.

Uh to my understanding, there could be some mitigation to help if it's the site as engineer can help with mitigating that.

Um, you know, in regards to the comprehensive plan, we went through all of that work.

We went through all of that work to get the comprehensive plan consistent.

Uh, get to to come up with the comprehensive plan.

And when we have something that's consistent and it's still not good enough.

I it just, you know, and and and everyone votes their conscious, and and and I appreciate community members coming in and speaking their conscience because it does help us uh you know, just hear the whole picture, see the whole picture.

So uh those are just I just wanted to clearly state some of the angles in which I'm looking at, you know, um it's mostly consistent with the cons with the uh the comprehensive plan.

Uh it's gonna be more housing.

It is a small development, and uh council uh mayor pro gem just stated what I was gonna say.

We don't want the big guys coming in here, the big developers.

So what we have left are the smaller ones, and we can't expect from a smaller developer to be, yeah.

I can't expect you to be Lenar Holmes.

You know, um, but I can expect you to be a better partner than Lenar Holmes.

And so uh we do need more housing where folks can buy, can purchase.

I appreciate that.

And so uh uh whenever we're leaning that way and we have an option for it, I am I'm mostly going to support it.

So I am going to support this project tonight for uh just the basic logical reasons.

Thank you, Mary Williams.

If I may, just briefly um we would like to confirm with staff if we can the proffers that we made tonight.

Sure.

Uh there are a total of three.

Uh the first one is the stormwater control measure, in which it will state where discharge from the stormwater control measure will flow to the culvert under infinity road.

The post-development peak flow rate will not exceed the pre-development peak flow rate for the 100-year uh storm event at the inlet to the culvert.

Uh the second proffer was an update from 5 percent income restricted to 8 percent income restricted units.

The third item was an increase from 75 percent uh native trees in the OID uh district to 100 percent native trees.

Thank you.

And um, I did talk to my client, and if it is the will of the council, um they are uh prepared to increase the donation to Durham Public Schools from the $600 per student to $1,000 per student.

Thank you.

That's amazing.

Thank you so much.

Um I I think I've said this in the past.

I'm gonna say it again.

The the funds that go to Durham Public Schools, it's like we we just had a commitment tonight.

I'd love to be able to track that money.

I have no idea where it is.

I don't know how the schools use it uh or what's in it in total.

Uh and I know it tracks differently than when it's committed, but I'd like to know uh have a better idea of what um I and I think that's information we would probably have to get from Durham Public Schools or or where is I just don't want to I we're always asking for a proffer to Durham Public Schools at this point in time, and we never check back up on that again.

And um I just want to be able to have more tangible more of a tangible relationship with the funding that we're providing through these transactions with our with our schools.

That's nothing we need to necessarily respond to tonight if you if you don't need to.

Uh but if you have an answer, I'd love to.

Thank you, Mr.

Brand.

Also a second that I think is a really great idea.

Some kind of accounting would be really helpful.

Yeah, so we do keep track of those proffers and when they are received.

Um DPS does let us know when they receive the proffer so we you know uh check those off because that is a condition of the zoning.

We can follow up with them to see if they can give us information about how those funds are used.

I do not know you know how that operates behind the scenes, whether that's just money that goes into a pot and they can't um then give us details about you know what went to what, but I do know that we do uh verify that the funds are received prior to the appropriate time.

Can we start getting an annual report of how much we've have how much they've gotten, you know, within the year.

I think uh I think that's just it's very helpful uh to say that a city is actually supporting our schools.

Sure.

So it'll it'll be it'll feel good to say X amount of thousands of dollars went to Durham Public Schools from the city of Durham because most cities don't uh support their schools financially.

Councilmember Cook.

Thank you.

Um I'm I'm actually really struggling with this case too.

I want to echo what Mayor Pro Tem said about our community-led groups.

I also want to say a big thank you to all of those.

Those folks are all volunteers.

We have a lot of committees and commissions, and so many people who both want to serve and do serve and give their time.

Um I just want to send appreciation out.

We had feedback actually from four volunteer groups, right?

Because we had the planning commission as well.

Um it is it's a really difficult one.

I I watched part of the planning commission meeting.

Um I read the comments, and even the ones who said yes, we're not really enthusiastic.

Um I'm really really grateful for this um increase in the donation to DPS.

I feel like that is gonna set us up in a direction to have a better standard moving forward.

Is no joke that education is we someone I think uh maybe it was Mr.

Freeman mentioned the Leandro case today.

I mean, we're watching the defunding of public education in real time.

So um, no question that the support is needed there and that affordability for house purchasing is also necessary even in small projects.

So I do appreciate y'all sort of um setting a better bar.

I think we still have places to go in those aspects.

Um for me, it's gonna come down to the question of the flooding.

And I just am so struck by we lost a whole bunch of not we, but in Chapel Hall, they lost a whole bunch of um commercial uh businesses after that flood, and everyone was like, why are those buildings there?

People were like, oh, well, because they didn't have um restrictions on blooding building in a floodplain at the time that those buildings were built, and now we see um the result of that.

And we know that the environment uh the environmental disasters are getting worse every year.

That's no question.

Um we are wrecking our environment.

We are uh uh and it and I say we and I do take responsibility for part of that because it's partially us up here making land use decisions, but it's also um our decision to corporate millionaires' decision to continue to keep us requiring to use fossil fuel and also like uh bad agricultural practices, whatever, we don't have to get into it.

But we know that it's getting worse.

We know that global with global warming comes these more increased flooding, and I don't want us to be looking back in 30 years and saying, like, oh gosh, who chose to build in that floodplain?

Like why who or even to say like who could have expected it?

Because we can expect it, and we do.

So that to me is the biggest issue right now is just um are we setting ourselves up for failure because of a need that we're sort of creating in this moment?

Um and I'm undecided, but that is that is probably my biggest issue right now.

So thank you again to the applicant, and thank you again to all the community members and our numerous volunteers.

Uh just one more point about the uh the funding.

Um there was a court case that just came down uh a decision on the Leandro case.

Um I was in seventh grade when that case was filed in Alphax County, and I grew up in a world where funding of schools was just non-existent.

So uh I think tonight you're setting precedent uh of increasing this, and I just want to, as a Leandro kid, thank you all for that.

Um, because we have to I obviously you see where our state funding is and where our federal government is, and we are trying to pick up the slack here at the local level, and it's a lot of burden.

I mean, taxes are we're charging a lot for taxes between the city and the county.

And so uh thank you for that.

That uh just based on the timing alone, it's it's a bigger deal than you can imagine.

All right.

So moved.

Second.

So we're moving properly seconded.

And the motion passes four to three, with Council Members Baker, Burris, and Cook voting no.

Thank you.

I'll also entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential suburban twenty, you know, watershed overlay district B and establishing the same as Plan Development Residential Six.

So moved.

Second.

Please open the vote.

Please close the vote.

And the motion passes four to three with Council Members Baker, Burris, and Cook voting no.

And I'll entertain a motion to adopt this consistency statement, consistency statement as required by North Carolina General Statute Section 16 Dro Five.

So moved.

Second.

And the motion passes unanimously.

Thank you.

Colleagues, I would like to uh well, I have to be out on Thursday.

Um you facilitate that.

Yep.

Um can I please get a motion to excuse the mayor from our work session on Thursday, April 9th.

So moved.

Second.

Have a motion and a second.

Madam Clerk, can you please open the vote?

I'm trying to vote and it's not letting there it goes.

Thank you.

Can you please close the vote?

And the motion passes unanimously.

Thank you.

Thank you so much, folks.

Thank you all.

Have a good night.

Be safe.