 Good evening we'd like to call the Durham City Council meeting to order at 7.02 p.m. on Monday October the fifth and certainly want to welcome all of you that are here with us this evening if we just take a moment for a solid meditation please. Thank you would ask Councilman Brown if he would lead us in the Mr. Clerk could you call the roll please. Mayor Bell, Mayor Pro Tem Cole McFadden, Councilmember Brown, Councilmember Cattati, Councilmember Davis, Councilmember Moffitt, and Councilmember Shure. We have one two three four ceremonial items this evening the first is imagine a day without water proclamation going to ask Vicki Westbrook the Assistant Director of Water Management if she would join me at the podium and this reads whereas water is our most valuable natural resource and whereas the delivery of quality tap water and infrastructure that carries such a homes and businesses is often taken for granted undervalued and unappreciated whereas an adequate supply of quality tap water is necessary for public health by our suppression and all our overall economy and quality of life whereas climate change may impact the availability of our precious natural resources and decisions we make regarding water use will impact future generations whereas everyday citizens in Durham use water for activities they take for granted such as bathing, making coffee, brushing teeth, and flushing the toilet. Now therefore I, William v. Bill Bell, Mayor of the City of Durham, North Carolina do have our claim Tuesday October 6, 2015 as imagine a day without water in Durham and call on the citizens to consider the value of water for each individual the community and economy of our city in the hope that we will never have to live a day without water I further encourage all citizens to learn about ways to help protect our source of water from pollution to practice water conservation support efforts for improved water and sewer infrastructure and to become informed involved in local water issues which is my hand corporate associate of Durham, North Carolina this is the fifth day of October 2015 I'm going to present this to Vicki and for any comments. Thank you Mayor Bell City Council we appreciate this proclamation and I'm accepting this on behalf of the entire department more than 300 people who work day in day out 365 days to make sure that we always have a good supply of drinking water and other wastewater services we deliver about 27 million gallons of water per day to our customers and they believe that every time they turn on the tap the water should be there and every time they flush the toilet it should go down but we're encouraging them on this imagine the day without water to think about the other things that may impact them many people when we went on the street during center fast they talked about just the things Mayor Bell mentioned no water to drink no coffee no showers but we ask our friends in the fire department and they couldn't do their job they couldn't put out fires but we also need to think beyond that there's also the impact to our medical facilities our local businesses and any number of other things so just keep in mind I would like for you all to imagine what you would do on a day without water I encourage you to watch our video which will be posted tomorrow on social media we've contacted had our friends at center fest some of them are in the room now one of them standing behind me so they're all featured on our video which will be featured tomorrow and throughout the day and then lastly I'd like to recognize our water efficiency and conservation manager James Lim who produced the video and did the editing and everything else on his cell phone so technology is wonderful one more piece of good news both of our dams are full and overflowing thank you very much well I'd like to ask Charlene Rice this represents domestic violence awareness month proclamation it reads where as a community as a community we value safety and security we care about the physical and emotional well-being of all of our neighbors and we recognize the right of every individual to live a life free of violence and fear whereas domestic violence is more than a family disagreement is willful intimidation physical assault battery sexual assault emotional and financial abuse torture of persons and pets and other abusive behaviors according to the national coalition against domestic violence no 20 people abused by an intimate partner every minute in the United States an intimate partner violence accounts for 15% of all violent crime whereas anyone can be the victim of intimate partner violence regardless of gender age race socioeconomic status our relationship choice we believe in support the notion that everyone regardless of gender identification ethnicity age other credence deserves to live free of violence whereas we recognize that the crime of domestic violence affects victims in all areas of their lives including housing employment health safety and the welfare of the children but teenagers and youth it has impacts their education and opportunities with success as young adults whereas in 2014 Durham crisis response center provided emergency shelter to 314 women and children fleeing domestic violence but directed 135 to other shelters for lack of space Durham crisis response center also answered over 3000 calls on the 24 hour English and Spanish crisis line in addition to providing crisis intervention counseling court advocacy and other services to over 2200 victim survivors whereas we are strongly committed to engaging communities and empowering victims by supporting the collaborative efforts of the organization systems that confront this crisis we remain committed to coordinating with our partners in the Durham community to increase outreach public awareness and education to change the culture of violence whereas local governments health professionals law enforcement faith communities educate specific organizations speak out about domestic violence especially for our children to end the cycle of violence so that all may experience a safe life that is free of violence now therefore I will be bill bell mayor city of Durham North Carolina do it by reclaim this month of October 2015 as domestic violence awareness month in Durham and hereby urge our citizens to observe this month by becoming aware of the tragedy of domestic violence and supporting those working and participating in efforts to end the violence which my hand corporate city of Durham North Carolina this the 50th October 2015 I'm going to present this to Charlene for any comments that you may have. Thank you Mayor Bell and City Council on behalf of the Durham Crisis Response Center I also want to thank the many partners that we have in Durham you know in all of the agencies that we work with including our Durham Police Department domestic violence unit the Sheriff's Department our prosecutor's office the hospital and all of the other agencies that help us serve our victims effective of intimate partner violence in Durham and also work to end the violence in our community. Thank you. Next I'd like to ask Sherri Dreeze the executive director of Durham Arts Council and Senator Mike Woodard president of the board for the Durham Arts Council. I'll tell the public once the City Council person always the City Council person he was up eating dinner this evening welcome here that you know I I'm sure many of us had an opportunity to experience the weekend of Centerfest and I would say at least from my experience that was probably one of the best that I've attended and I heard that from so many people there were in attendance the fact that it was back downtown beautiful well great vendors great food great exhibits it was this great weekend for Durham and I want to congratulate you again sharing your team for making this happen but this evening we're here to talk about National Arts and Humanities Month whereas arts and humanities enhancing the lives of all Americans and whereas arts and humanities affect every aspect of life in America today including in the economy social problem solving job creation education creativity and community livability whereas cities and states through their local and state arts agencies and representing thousands of cultural organizations have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities doing national arts and humanities months for several years whereas the United States Conference of Mayors has actively participated in National Arts and Humanities Month since 1984 whereas the United States Conference of Mayors National Arts Partner Americans for the Arts will gain will again coordinate this year in national awareness campaign of activities for National Arts and Humanities Months whereas the nation's 95,000 non- profit art organizations the National Resonance for the Arts National Endowment for the Humanities the nation's 5,000 local art agencies the Arts and Humanities Council of the 50 states in six United States jurisdictions and the president of the United States have participated in the past will be asked to participate again this year in this national celebration whereas United States Conference of Mayors urges mayors to build partnerships with their local arts agencies and other members of the arts and humanities communities and their cities to proclaim to participate in to celebrate the month of October it's National Arts and Humanities Months now therefore I when you go bill bill mayor of the city of Durham North Carolina do you ever claim October 2015 as National Arts and Humanities Months in Durham and hereby are all citizens to take special note of this observance and witness my hand the Corpus Hill City of Durham this October 15th October 2015 I'm going to present this to Sherry and Mike and for in the Congress that both of you may have. Thank You Mayor Bell ladies and gentlemen of the Council Mr. Manager and Mr. Attorney Madame Clark it's my pleasure to be serving as Board President of the Durham Arts Council this year for the last 14 years I've heard with some frequency a certain person tell us that great things are happening in Durham and the arts is one of those great things that happens in Durham and it just doesn't happen because it's really partnership so I'd like to thank the City of Durham for the partnership I think one of the reasons arts is so strong here is because our city has stood behind the arts community whether it's partnering on through various departments like our ongoing relationship with OEWD Parks and Recreation of course the partnership of the Durham Arts Council building which most of you know was the former City Hall and you all contract with the Durham Arts Council to program and turn into our arts hub here in downtown or as the mayor mentioned your support of CenterFest we could not do CenterFest without the support of the city certainly our Police Department but our Transportation Department came through in the clutch this year and made sure Market Street was open the Sanitation Department so many different departments make CenterFest happen so Mayor alluded to it was one of it was a record breaking CenterFest we had just shy of 35,000 people attend CenterFest in downtown Durham this year record number of artists and vendors so we appreciate the partnership that we have with the city throughout the whole arts community so thank you we look forward to continuing our relationship with the arts community because it impacts so many things across Durham not just the cultural life but it adds to the economic vitality as well art is a major part of Durham's economy so thank you again for the resolution mayor and to the council administration we appreciate the partnership and we look forward to continuing that I'd like to present our fantastic executive director the person who's there every day making sure that the Durham Arts Council runs our executive director Sherry DeVries thank you Mayor Bell and thank you city council members for your support of this proclamation and for helping us to celebrate National Arts and Humanities Month one of the programs that we lift up each year as part of our celebration of Arts and Humanities Month is our Piedmont Laureate Program this is our seventh year of this program and it's in partnership with our fellow agencies around the triangle so it's co-sponsored by the Durham Arts Council the City of Raleigh Arts Commission the Orange County Arts Commission and United Arts of Raleigh and Wake County this is a competitive program that writers throughout our region apply to to be selected as the Piedmont Laureate for the year and then throughout the year they make appearances and do special programs to help raise awareness and help people learn skills in writing so this is a wonderful program I'm very pleased to introduce to you this evening our Piedmont Laureate for 2015 James Maxie who is a writer and teacher of speculative fiction he's the author of 10 novels one collection of short stories and 21 short stories he is the founder and host of Monday first Monday classics at the Orange County Library and has conducted numerous workshops on how to create a speculative fiction world and how to just write he's a familiar presence at writers conferences and on speculative fiction panels as Piedmont Laureate he has conducted workshops at the North Carolina Museum of Natural History he'll be telling ghost stories at Mordecai House in Raleigh and the Burwell School in Hillsboro and will be hosting a special program at the Durham Arts Council on December 2nd called the Piedmont Laureates gifts which will bring together all of our Piedmont Laureates from the past seven years to ask the question if you could put one book in the hands of everyone on earth what book would it be so you'll have to turn out on December 2nd to hear more about this and now with great pleasure I introduce to you James Maxie our Piedmont Laureate my focus as Piedmont Laureate this year has been on speculative fiction it's a broad label that encompasses science fiction fantasy superheroes with the presence of RTP there is a huge fan base for the sort of nerdy genres and so I've been speaking at libraries festivals museums and teaching writing workshops I also lead a lot of discussions and one of the most popular talks I've done is called the superhero inside us all tonight I'm going to give you the 62nd summary of a topic I normally do in a half hour so the main topic of the presentation is Superman and some of the biggest misconceptions surrounding him for instance people often assume that Superman disguises himself as a reporter who could hear news about crime this is obviously not necessary since Superman can see and hear crime happening long before it ever reaches a newspaper another mystery about being sick about Superman it's why bothers being Clark Kent at all he can juggle mountains and melt battleships by staring at them why does he put on a suit and show up for a day job with the boss who yells at him and co-workers who famously scoring him as a wimp if Superman really want to do all the good he's capable of shouldn't he just take over the world become a benevolent king and make everything right the answer comes when you understand that Clark Kent isn't disguised Superman wears to protect his privacy Superman is a disguised Clark wearer so he can live a normal life as Superman Clark has traveled all over the world he's seen that countries run by dictators even ones run by dictators who think they're making the world better just aren't as good as democracies so the reason Clark is a reporter putting up with the grouchy boss in lackluster pay is because he knows that fighting giant robots is a distraction from the real work of building and improving civilization in his heart it's not heroic to put on a cape and fly above the city the real battleground for making the world a better place is in its daily life punching the clock meeting his deadlines collecting his paycheck and paying his taxes you can bet that Clark votes in every election not just the big stuff like president it's his job as a reporter to know this stuff and his duty as a citizen to care he believes it's important to attend city council meetings and sit in on zoning boards deciding where to run a new sewer line or whether or not to build a new library as a reporter he's fighting for his famous causes of truth justice and the American way so I wrap up again by saying thank you to the council for your support to the Piedmont laureate program but most of all I like to thank everyone in the room for showing up today and helping to keep civilization moving forward I appreciate your hard-working dedication and so I'm sure the Superman we have a lot of Superman and here some of them tonight they can all talk right all right we have one last recognition and we like that's the equivalent price she would join me and also the Durham County adult and nursing home committee where's the city of Durham joins the nation and recognized in 2015 as long-term care residents rights months and whereas the federal nursing home reform act 1987 guarantees residents their individual rights in order to promote and maintain their dignity autonomy and individuality where's the long-term care on buzzmen program and community advisory committees were created to ensure residents and facilities are afforded the same consideration and opportunities exercise of basic freedoms whereas all residents should be aware of their rights and have a quality of care that insures choice accountability rights and empowerment where C of Durham reaffirms the rights of long-term care residents including participation in decisions about their care and their right to vote and be politically active where's Durham has approximately 1170 individuals living in 11 nursing homes and approximate 994 individuals living in 13 adult care adult care families facilities and 34 family care facilities whereas individuals groups and long-term care facilities across the country will be celebrating residents rights months with the theme care which is acronym for choice accountability rights and empowerment care matters to emphasize the importance of affirming these rights through facility practices public policy and resident-centered care now therefore I William V bill they all met city of Durham and on behalf of the Durham City Council the above acclaim October 2015 as long-term care residents rights months in the city of Durham North Carolina and encourage all Durham residents to join in recognizing the right to quality care by citizens and long-term care facilities witness my hand in the corporate still city of Durham North Carolina this is the 50th of October 2015 I'd like to present this and I say this is probably one of our more important committees and groups because I know there's been a lot of issues with long-term care facilities and having someone to be able to look over them and provide advice is very important especially for those residents that depend on that so I'm going to present this to you for any comments that you may have. So on behalf of the adult care home committee and the nursing home committee I'd like to thank you mayor bill and city council for recognizing October is residents rights month the adult care home committee and nursing home committee under the supervision of triangle J area aging has a responsibility to visit our long-term care facilities on a quarterly basis and we're volunteers appointed by the county commissioners and we visit our more than 40 facilities on a quarterly basis and our family care homes we visit on an annual basis we are dedicated to the rights of individuals and long-term care facilities and we thank you for your support in in our efforts and we look forward to continuing to be advocates for truth justice and the American way. Mr. Mayor before Mr. Max he leaves I'll just I want to say that tomorrow is an opportunity for everyone in Durham to make like Superman and vote in the election. So thank you. Yeah so there any comments by members of the council if not I'll recognize the city manager for any prior items. Thank you Mr. Mayor members of council good evening everyone I don't have any formal priority items this evening but I did want to bring to your attention a little flyer that I put at your places as you may be aware the Durham home builders association Durham Orange and Chatham County home builders association is sponsoring the parade of homes began last weekend and it will be next weekend in the following weekend and you will be pleased to know that there is a home in Southside on South Street that is a part of the parade of homes this year it's not one of the the homes that the city has been sponsoring and a part of this is a home built by the Durham building company but I think it's a terrific tribute to the work that the mayor and this council has has done to promote the Southside community that we would now have a home new home on South Street being featured in the three county area parade of homes pretty remarkable so congratulations thank you recognize the city attorney for any prior items Mr. Mayor and members of council no priority items like likewise city clerk no items Mr. Mayor we're proceed with the agenda's printed the first item being the consent agenda consent agenda items may be approved with a single vote if a member of the council and member of the audience pulls an item from the consent agenda we'll discuss that later in the meeting on the consent agenda item one approval of city council minutes item two street and infrastructure acceptances item four is an item that can be found on the general business agenda item five is generator maintenance and emergency repair services contract 2014 amendment number one item six is the bid report for August 2015 item seven is the proposed temporary construction easement and revoke the vocal use easement with impressed development LLC for shared use of alley adjacent to 112 West Main Street item eight is proposed sale of 1010 Chestnut Street parcel number 118597 Bob's at bid item nine is proposed sale of various property interest to Lambert development Hunt Street LLC for the Parkside at Morris River project item 10 is proposed design services for the Department of Transportation sign and signal shop operations item 12 is the mayor's Hispanic Latino committee request to be an official committee that concludes the consent agenda entertain a motion for approval consent agenda property moving second we open the vote we move to the general business agenda item four is the Durham Orange light rail transit project good evening Mr. Mayor members of council Wesley Parham with the city's transportation department item four on your agenda recommends the council authorized the mayor to send a letter to go triangle endorsing the recommended preferred alternative in the draft environmental impact statement for the Durham Orange light rail project the proposed letter was presented to council at your September 21st meeting and council deferred action on this pending the outcome of the project public hearings the hearings were held Tuesday and Thursday of last week and city staff summary the ore comments is provided and included it with your agenda materials this evening please note that the public hearing comment period is open through October the 13th the lap the draft letter before you tonight was modified following the September 21st meeting the modification occurs in the first sentence of the last bullet on page one this wording change was in response to recommendation by council member Davis and has been so included in in your packet members of go triangle staff are here this evening to answer any remaining questions that council may have otherwise we do recommend the council authorized mayor to for the proposed letter to go triangle endorsing the recommended preferred alternative in the draft environmental impact study for the Durham Orange light rail project there are some edits that a couple of my colleagues have proposed to include myself but before we do those edits this isn't the public hearing but a couple of people have signed up to comment and I'd like to recognize them at this particular time each have two minutes as you had public hearing item four is the mark Lewinsky and Dan Jewel if you could come to the podium to the right please Mr. Mayor thank you that for inviting me this evening or allowing me to speak this evening Mr. Mayor City Council I am here to support the light rail project and commend the city for taking Durham into the 21st century in such a bold way as a visual artist I have stood here before you several times advocating for the arts in Durham and I'm very excited to see that it's an opportune month to be doing this again I would therefore like to speak to another aspect regarding the light rail though not yet considered about bound to become an issue as this project proceeds and I hope not a contentious one this is the role that public art will play in the enhancement and the care of the character of the transit infrastructure specifically the stations in looking at examples of public transit transportation infrastructure around the country it can be seen that in public art has been historically a major aesthetic and economic element of all of them from the Grand Old Railway stations of another era to the Raleigh Durham Airport we have even have precedents here for our public art and some of our bus shelters but this is a much larger and consequently more involved and expansive project therefore I would like to ask the council to begin addressing this issue in two ways first for the city to consider public art as an integral part of the process early on and by engaging the involvement of appropriate entities both public and private now and not as an afterthought to be considered somewhere down the line no pun intended there secondly because of the scale and into ensure funding for such projects I would ask the city to hit the mark and fund the full one percent for the arts as it applies to the light rail on the related CIP projects within the appropriate jurisdictions this great project deserves great art to enhance it and making these changes would not only ensure adequate resources for high quality public arts projects in the city's light rail stations but would set the tone for public arts projects going forward it will in the end showcase Durham as a leader integrating excellent urban planning public transportation and public art thank you very much for your time welcome good evening mr. mayor members of the council my name is Dan jewel 1025 glory avenue thank you for the opportunity to speak I will be brief I'm here tonight representing Dermay designers I'm president this year I believe you're all in receipt of a information package that we provided to to you over the last few days that packages also been provided to the go triangle folks Dermay designers is fully behind you providing this letter of support on behalf of the city and go triangle to the to the FDA including those four key decisions included in that letter we would ask though that you consider possibly some some additional language in your letter that would support the the addition of the city center station with the adjustments of two of the downtown station locations as referenced in the information package that we provided you and in addition we still stand ceremonially in support of trying to get to the other side of Alston Avenue from we are right now we know there are difficulties with that but we hope that will be continued to be explored rather than just given up on so again our request is if there's a way to add some of that language in your letter of support tonight we are fully in support of the Durham orange light rail transit system thank you very much welcome let me recognize my colleagues who may want to speak to this item recognize council market yes for thank you Mr. Mayor I have four suggested additions to our letter based on feedback that we've heard over the last few weeks and I know that councilman council member Katalia has one as well I believe um so one is one this is not all mine but I've put them all together and I don't claim authorship of all of them but I will make it simple and read them all the city is aware this will be a bullet in the in this section of bullets the city's request includes the following we would add a bullet that says the city is aware of the concerns of those who would like to see the Alston Avenue transit station located to the east of Alston Avenue given the economic and technical engineering constraints it appears it is not feasible to relocate the station beyond its proposed location in the event there is an analysis by go-triangle in the FTA that these constraints can be overcome the city supports such a move the second one reads the city requests that during the project engineering phase go-triangle carefully evaluate feasibility of modifications to the location to the Buchanan station and the Durham multimodal transit station as well as the inclusion of a city center station as recommended by Durham area designers the third bullet reads the city requests that in light of reasonable concerns by Durham residents of potential stormwater impacts at the proposed rail operations maintenance facility go-triangle investigate and implement stormwater controls at a level necessary to ensure water quality and the fourth bullet reads the city requests that in light of reasonable concerns by Durham residents related to access to an egress from the Downing Creek neighborhood go-triangle work with the neighborhood and other parties to ensure that Downing Creek residents have safe and convenient access to highway in C 54. Thank you. If you don't mind. Okay. Let me do this. You want to speak now. Okay. Recognize Councilman Katali. Thank you mayor. Let's see. I'll be very brief. As we all know the Farrington Road rail operation maintenance facility as many zoning hurdles ahead and I continue to struggle with whether this industrial use is compatible in this area. Given that I recommend adding the following note to read as should problems arise with the recommended romp location the city expects that go-triangle will carefully evaluate the feasibility of a revised site for the romp that corn Wallace Road. So that's what I'm suggesting. Yeah. I recognize Councilman Davis and the mayor program in that order. Thank you Mr. Mayor. I want to go to the first paragraph in the letter even though I think sometimes the word wholeheartedly gives a rhetorical ring to it. I don't think it will be intellectually honest to say that Durham wholeheartedly supports this. The recent discussions that we've had the open hearings the public hearings have brought forth a lot of people concerned about cost about inclusion in some areas. And I think it may be better to be if we remove the word hold hearted in the second wholeheartedly in the second paragraph in the second sentence of the first paragraph. Unfortunately that letter that's showing up on my iPad but Meanwhile I recognize the approach. I still have a concern about North Carolina Central University. So I will voice the concerns that have been raised to me by the Chancellor about North Carolina Central's lack of inclusion. And I will still say even though it is said that we can't have a station in that area. It still does not look right for a piece of this project to be at UNC another at Duke. And then we don't have the predominantly black university included. Another part of Mr. Mayor is that North Carolina Central University is not on the 2040 transportation plan. So I'd like at some juncture is Mark here. This is Mark's class and whoever could help get that on the transportation plan. We need to do that. I'm not sure how I how we overlook that. Thank you sir. So I'm primarily speaking for North Carolina Central Madam Pro Tem. I understand your comments and your concerns. I can tell you I've had conversation with the Chancellor also in fact she's written a letter to the fact that while obviously she would like NCC to be included in the party she understood the issues at hand. And I know that Go Triangle has taken her comments very seriously and have worked decisively to try to see how that might happen. But unfortunately due to the timing and economics and all the technical issues that it isn't possible in this phase. It has been talked about that in the event that we're successful with the like Durham on like on Durham on its light grow as proposed that the second phase could include an opportunity to transfers to NCC you veer Austin Avenue down Briggs Avenue. I mean down Lawson Street Briggs to Durham Tech and then hopefully it towards the research triangle park. So I know that chair and avoid being a part of it that that's been taken very seriously. But unfortunately it just couldn't happen in this proposal in this phase of the project. Thank you for that. So I just hope all of our documents will show that in the next phase perhaps North Carolina Central can be a part of this. Maybe a miracle will happen and some money will fall down from the sky. I'll keep. I'll keep hopeful. Thank you. Recognize Councilman sure. Thank you Mr. Mayor. Are you ready for a motion Mr. Mayor. I'd like to move that we endorse this letter with the bullet points that council members Moffitt and Cattati added and with the substitution of the word strongly for the word wholeheartedly in the first paragraph. I understand where council member Davis is coming from. I do think that we have a strong support. We have a 60% endorsement in the in the referendum and while there is opposition and so I can see where wholeheartedly might be a little too wholehearted that I think if we went with strongly that might hopefully satisfy everyone. So I would like to make that motion. It's been probably moving the second is a further discussion on item here and I'm going to call the question. Madam clerk when you open the vote. Close vote. It passes seven is your thank you. And I guess I would just like to add now that we have a letter. We understand this is a long process that we're in when I say we collectively we go trying city of Durham County of Durham Chapel Hill Orange County and all those that are involved. And this is just one step of the process. Obviously the person organization that carries the biggest weight on this project is the federal government FTA. And I'm sure they were taking consideration the DIS and all the company statements that go along with that and decide whether or not they're going to support this project. They have a lot of experience with light rail systems across this country. And I don't think by any stretch of imagination that they feel that if they feel this is not the right project for Durham as proposed they won't fund it. And if they don't find it is not going to happen. I would also say that those who have advocated stopping and looking at something else in my opinion if we don't get it right this time it's not going to happen for several reasons. One we have been fortunate to be one of two cities that are part of the go starts program which works which we're in. I mean we've gotten that that far. And I think if for whatever reason we aren't able to make it this go around it's going to be highly unlikely that we ever make it. Again that's my opinion and I know that pros and cons and as I said I respect those persons of great race questions either for or against this project. But again if the feds choose not to fund this project it's not going to happen. If they do choose to fund it I'm sure they will have taken all the comments that have been made in making that decision. And of course we know we still have an issue with the state in terms of funding. Hopefully that will be resolved in the short session. But we've got three partners in this. The city well the local governments are an equal partners with the state in terms of funding as proposed that the local government will pay 25 percent of the project the state 25 percent and the feds 50 percent. So that's that's where we are and I can assure you that GoTriangle has taken very seriously all the comments that have been made and will continue to make take very seriously the comments that have been made even to the fact that if there's something that needs to be changed I can assure you that will happen also. But again this is the first stop of first step watching say first step the first step started when we started TTA and that's almost 20 plus years ago. This is the first step in this particular project as we move forward. We've been very fortunate so far to move as far as we have been with the support of the FTA and hopefully they will continue to support if they don't it'll be for very valid reasons in my opinion. So I haven't said that we appreciate all the comments. I would only ask that you stay tuned and if all of you know the schedule if we're successful construction really wouldn't begin until 2019 and the final time when hopefully we'll be able to ride the system would be 10 years from now 2026. So we still got a long ways to go. Let's move to the next item on the agenda which is the general business agenda public hearings item 15 assessments and improvements item 15 is a public hearing to consider ordering curb gutter and paving water main and water and sewer laterals on a portion of Omar Street under the enabling act authority. Good evening Mayor Bell members of the council I'm Robert Joyner. Item 15 is to consider the ordering of the curb gutter paving water main water and sewer laterals in the portion of Omar Street under the enabling act authority. The proposed project is inside the city limits. Staff recommends that council adopt a preliminary resolution conduct a public hearing and adopt a final resolution to order the improvements. I'll be happy to answer any questions that council may have. Again this is a public hearing and I would ask first are the comments or questions by members of the council on this item. Recognize Councilman Cotard and Councilman Schwell in that order. Thank you mayor. I noted that the cost of the improvements was approximately 250,000 about 57,000 would be assessed in assessments. But the memo didn't note the source of funding for the balance. So those would come from combination of water and sewer fund and general fund. That's Councilman Schwell. Thank you, Mr. Mayor. Um, and thank you for including this extra map. Um, that, uh, we got today the am I correct? Mr. Joyner that the four of the five parcels that have not signed those owners are on. I know two of two of those four poor parcels that have a very long border on Oma Street front on Carver Street and already have carbon gutter there. Is that correct? Yes, that's correct. And so those two owners are not signing and that is the major factor that's making the folks on Oma Street lack the 50% of the of the border. That's correct. And the and this is a block that is between everything else on that street has carbon gutter already as does Carver Street, right? So it's just the one correct lock that okay. And let's just see if I had any other questions. Yeah, those are my questions. Thank you. Recognize Councilman Moffitt. I do have one question. If we decide tonight to order the improvements, your best estimate on when those improvements would be installed. Ask this for the homeowners who are present so that they have some sense of most likely. I think in design, probably sometime around 2019. And depending on C. I. P. and other things that are ordered potentially after that approximately three to four years for construction under our current timelines, not withstanding other priorities that that the council may wish to engage in the meantime. Thank you. Other other questions by members of the council? Is it anyone in the audience that wants to speak on this item? It's been a public hearing matter. That's fine. You can come speak if you'd like to if you just state your name and address and fill out a card after you've spoken. You have three minutes. My name is Miranda Terry and I live at 3024 Oma Street and I'm the petitioner that has worried everyone to death about doing this. Um, for us, it's really a quality of life issue. We're only short five linear feet and over 50% of the neighbors have signed the petition to go ahead and pave. So really, we're at the mercy of those two properties that have a front door that faces a paved street. And so it really doesn't affect or impact their quality of life. So for us, it it makes a big difference. You know, you can only get one car through there. There's huge pop holes all the time. If you drove down right now, your car would be a mess. So, you know, we really are begging at this point to have the road paved. It's really less than a block. And it's and it's outrageous that it's it's not paved, especially when we're willing to take a portion of the cost and pay for it ourselves. Thank you. Welcome recognized Councilor Moffitt. If no one else has a I'm not sure if anybody else has a comment, but if they don't, you indicated you want to speak. If you could come to the podium, please and state your name and address and later fill out a card. Hello, I'm Deborah Johnson. I live on Carver Street on the corner of Carvin Oma. And it's going to affect us because of the amount of money. My payment would be almost $4,400. I don't have that money. I am retired. I live on Social Security and a money that I get from Duke. That's it. I don't it's not it's I live my I live on Carver. I don't see why I have to pay for somebody who lives on Oma. My address is Carver Street. And I it upsets me that I have to pay for someone else to have the street paved. It's ridiculous. It's been like that. I've lived I've lived in that house off and on for most of my 64 years in this world. It's never been paved. What does it have to be now? That's all I have to say. And it and myself and the people on the other side who also have the longest lives. In fact, I think his would be more than mine would be. Neither one of us won it done. It doesn't bother me at all. And I don't know why it bothers these other people. That's all. Thank you. You're welcome. Recognize Councilman Councilman Brown and then Councilman Schultz. Thank you, Mr. Mayor. What is the allotment of time? How was this amortized over how many years that $4400 that she referred to? Typically eight years. Council has an election of hardship for longer than that. Up to how many years? Typically up to 15. I'd have to look at the statute to see if it can go more than that. But 15 I think has been the longest in my memory. And you know the on the eight year amortization schedule, what the payment annual payment would be. That's the current interest rate. I'd have to look at the specific frontage for this individual's lot and look at corner lot and other types of relief. Yeah, so it's 9% interest. That's the current interest rate. Yes, that's correct. I didn't hear the number. For it would be for curb gutter and paving. It's $45 for linear foot. Water main at 27. Yeah, and already has a water lateral and sewer lateral, I believe for this property. So it would be around $4365 total amortized amortized over eight years over eight years at 9% interest at the current interest rate. Can you tell us again, Rob, where we came up with the 9% that seems rather excessive. That's a standard rate, I believe, set by the finance department and that interest rate can also be chosen by council. That's not the you can set to do a lower interest rate than that. Well, I would I would suggest a lower interest rate would be, I think, fair. I know the manager has a comment. I just want to clarify. Excuse me, Mayor. Thanks for let me talk. Does the council set that tonight? I thought they set the interest rate at the time of the final assessment. So tonight would be the ordering of the work. The final assessment would be when you set that both the time and the interest rate. Right. So that could be set when and that's done under actual cost. Yeah, okay. Well, in conclusion, I think we need to reduce the interest rate and perhaps look at increasing the amortization number of years. Do we have a criteria for establishing hardship? Yes, sir, there is a criteria set aside for hardship under council resolutions. Okay, maybe that's another piece of this gene suggested that you might want to share or see that qualifiers as we go forward. I can get your name and number before you leave. I thought I saw another hand. Councilman shielded you up. I'm sorry. Yeah, I saw your hand. Okay. Thank you, Mr. Mayor. I was just agreeing with Mr. Brown. We have a mayor's poverty reduction initiative. And so we don't want to cause any real hardship on people where they might be entering the land of poverty. I think we need to work with her somehow with this project. You said you retired from Duke. Okay. All right. Thank you. Thank you. Just going to raise the same issues. I appreciate it. Thank you for comments on this item. Anyone else that wants to speak on this item? This being a public hearing? If not, I'll declare public hearing to be closed as a matter of fact before the council has been properly moved. The second clerk we open the vote. Close the vote. It passes. Seven is even. I would just comment that that's why we have public hearings to get input and to have people to express themselves. So before we make a decision, I appreciate you coming in. Mr. Mayor, recognize Councilman Moffitt. Just for clarification, if I understood the timeframe you're saying before, it'll probably be six or seven years before the work is actually completed. Is that right? That's correct. And the final assessment happens at that time. Is that correct? Final happen at the time of work is completed. And you look at the cost of the total work and then you look at the cost of the assessment and that rate is set at the current hearing date. Right. Okay. So that'll be in six or seven years time. Correct. And the members of council at that time will determine interest rate and timeframe and timeframe for payment. Yes, I do. I do want to say I certainly understand your situation. I have great empathy for your situation and also for the people who live on the Oma Street and have lived there for a long time. So it's a not an easy decision. But I think it's the right one that we've made. And we'll certainly want to work with you to make it as the people who need the assistance. Let's not let's not get into that, please. Okay, the council has spoken on this item. Thank you. I would add that it would not be inappropriate for the council to add a note that whatever council considers this, that it was our recommendation that they consider an interest rate as they do that. So if you can add, entertain the motion to that effect. It's been a proper move in second. Madam Clerk, will you open the vote? Close the vote. Thank you. Let's move to the next item. Public hearing is closed. We had to vote and etc. So we'll move item 16 zoning map change. Davis Park revision Z 15 0 0 0 15. Good evening, Mr. Mayor, members of council, Pat Young with the planning department. I can first certify for the record tonight that all public hearing items before you have been advertised in accordance with the requirements of law and there are affidavits to that effect on file with the planning department. The case before you as the mayor introduced Z 15 0 0 0 15. Davis Park West revisions is a request to change committed elements from an existing development plan originally approved by city council in September of 2008. Specifically, the applicant is requesting removal of a number of commitments, including restrictions on the number of stories allowable in the residential buildings at this site. The project would instead default to the maximum height limitation in the district, which is 50 feet. The addition of additional allowable building materials and other commitments detailed on page two of the staff report associated with this item. If approved, the underlying zoning and intensity of uses on the site would remain consistent with the 2008 approval and would remain the commercial general or CG with the development plan zoning. Staff determines this request is consistent with the comprehensive plan and other adopted policies and ordinances and by a vote of 12 to the planning commission recommended approval of the item at its August 11th meeting. I'll be happy to take any questions. Thank you. Let me first ask this is a public hearing or other questions or comments from the council recognize Council Katati. Thank you, Mayor. I had a question, I guess in the package, they proposed cementious siding and cementious panels as two of the possible building materials. Can you tell me what the difference is between the one of the commercial names for that is Hardy plank. And really it comes down to the size of the pieces, whether they look like traditional cladding on a single family house or whether they're large panels. That's really the only difference. So I think the concerns expressed by the planning commission. Well, first, let me say that I'm okay with the maximum height at 50 feet. That makes sense to me. But it doesn't sound like the cementious siding and panels are significantly different except for the size. So when they only have to choose two building materials, they're really just choosing one. And I think that was the concern that was raised that, you know, they had committed previously to two of many different building material types. And can you just explain again why we have that recommendation in our ordinance for variation? Sure. So the intent, the intent, the policy intent of the design commitments is to encourage variety in design, creates visual interest, more attractive environment, better streetscape often has correlation to long term value of buildings to have variety of materials and higher quality materials. But there are not, as you're I think well aware, not explicit requirements in the ordinance. It's really a counsel's discretion about whether they consider this a significant reduction or modification in terms of the design outcome. Any other questions, comments? Again, this is a public hearing. I would ask for the persons that would like to speak on this item. Not let direct reflect and no one else has to speak. I would like to public hand be closed and ask for counsel. Recognize Councilman. Thank you, Mr. Mayor. I just I appreciated Diane's questions. This was passed by the council with these materials specified as part of the development plan, text commitment. And you know, we keep saying we don't need to just accept any development and Durham. And you know, here's an example. I just think we shouldn't just accept anything, especially the council first approved this with a combination materials specified as part of the rezoning package. And and now they're coming back with something worse. And I don't see why we'd want to prove that. Why would we give why will we make the change from the original text commitment when we all know that it's something that we want and that they originally committed to. So I'm not I would like to I'm also in support of the the other request that they made, which is for the the height specifications. But in terms of the change of materials, I don't I'm definitely going to vote against that, Mr. Mayor. Well, let me let me say this. I've closed the public hearing, but you raised a question. And there were persons that had signed speak on this item. If questions. So I recognize those persons who signed up to speak. Lindsey Kitchman, Palmer MacArthur, and John Felton, you didn't say if questions you'd architect. So how do we want to take it? Good evening, Council. I'll handle the questions. I'll try my best to handle the questions first. And so we the the issue of semen tissues siding. And I was part of the kind of original reason directly to the microphone. Sorry, I was part of the original rezoning in 2007. And I don't really remember why we didn't have that. We've built thousands of apartments in this in this area. And none of them have just brick or just brick and stuck or they always have a percentage or a part of semen tissue siding circle that Main Street has that and other projects that we've done. We it's not our intention to to use just one material. It was the I believe the stats recommendation to to use that to put just one in that text. So, you know, it's we we we are working on the project now and it's it will be a very attractive project just like what I hope we typically do and our client typically typically does part of the the text talks about the the projects design should compliment the Jason architecture and when you drive around Finsbury in that part of Durham, it's brick and and stucco and semen semen tissue siding. So, and so that's our intent to have a combination of materials. Are the other questions recognized? Councilman Katari? Yeah, mayor, I guess I'd like to offer a substitute motion. Given what you're saying, if we change the language or you change your committed element to at least three of the following, I don't object to adding the cementitious thank you for the correction in the pronunciation siding or the panel, but I don't think you should be able to be limited to just that because that essentially seems as one. It doesn't sound like that's a hardship given that you already intend to do that. So, I wonder if that's the easiest solution change it to at least three. That's fine with us. Thanks. So that would be a substitute motion. I don't know if staff needs to clarify anything on committed elements. Right. Exactly. Before we do that, we had the motion was a second to a substantive motion. All right. Oh, we certainly can accept and enforce the change from two to three. Are there further questions on this side? We're voting now on the substitute. Recognize Councilman Moffitt. Do you have a comment? I'm sorry, I was just going to say with the proffered committed element, the substitute is the same as the underlying motion. It's just to move the item. They just changed the proffered committed element. It's still a substitute motion. Okay. So, we're voting on a substitute motion. If there's no further questions, we're voting on a substitute motion. Madam Clerk, we open the vote. Close the vote. It passes seven to zero. All right. Thank you. Who's going to do the consistency statement? Is there a second in that? It's been a proper move in the second. Madam Clerk, we open the vote. Close the vote. It passes seven to zero. I can remove the item 17. The zoning map change. Hannibal point sub area AZ 1500011. Thank you, Mr. Mayor. Members of Council, Pat Young again with the planning department. This case 1500011 Hannibal point sub area A is a request to change the zoning map designation of 13.47 acres located on the east side of East Horseshoe Road, which is east of South Miami Boulevard. From its current designation of PDR plan development residential 4.760 to PDR 6.038 to allow for a maximum of 64 single family dwelling units. The property is part of a larger zoning map change that was originally approved by City Council in October of 2006. And despite the nominal increase in density associated with the PDR, there have been changes in our method of calculating density since that time and the total number of units permissible in sub area A of this development would not change from the currently approved number which is 138 single family units. The substantial change proposed by what's before you is a request to modify a number of committed elements. These are outlined in detail in Attachment 9 of your staff report. These include removal of commitments pertaining to offsite roadway improvements. Staff determines that this request is consistent with the comprehensive plan and other adoptive policies and ordinances and by a vote of 13 to 0, Planning Commission recommended approval of the item at its August 11th meeting. I'll be happy to take any questions. Again, this is a public hearing. The public hearing is open. Referred to staff report. Recognized Councilman Cattati. Thank you, Mayor. One thing I didn't hear staff comment on but I noted and I don't have it right in front of me is it wasn't clear to me why you were striking the committed element related to the top lot. Okay, maybe that's and I hadn't noticed it earlier. It's already built. Great. Thank you. Are there other questions? My council. If not, this being a public hearing, we've had one person that has signed up to speak as anyone else that wants to speak other than Patrick Biker. Not Patrick. We have three minutes. Good evening, Mayor Bell, Mayor Pro Tem Cole McFadden, members of the City Council. My name is Patrick Biker and I'm the attorney with Morningstar Law Group in Durham. I'm here tonight representing Lenard, Carolinas. We are requesting your approval of this zoning map change in the Hanover Point subdivision. With me tonight are Mitch Barron and Chris Allen from Lenard. Since you've just heard the staff report on this requested rezoning, we do not have a whole lot to add on this topic. In a nutshell, we're requesting this rezoning in order to remove a commitment of the original 2006 zoning case related to improvements on East Horseshoe Road. At that time, the City of Durham Public Works Department requested that a section of East Horseshoe Road be improved to meet city standards. That standard was for a 33-foot wide road with Kerrman-Gutter. Since then, we have reevaluated that design with the Public Works Department and determined that Horseshoe Road cannot be constructed in a manner that will satisfy current stormwater criteria due to existing structures, drainage and drainage. This rezoning will relieve us from having to build the road improvements as originally committed in 2006. Instead, and with the help of NCDOT, we have redesigned our access ways and related road improvements for this new neighborhood. Those plans have been approved by NCDOT and are in the construction process right now. For all these reasons, we respectfully ask for your approval based on the construction commission. Our team will be happy to try to answer any questions you may have. We thank you for your time tonight. Are there questions by members of the council? Is there anyone else that wants to speak on this item, this being a public hearing? The Director of Collective, no one else asked to speak. I will declare the public hearing to be closed as a matter of fact for the council. It's been properly moved. Second, Madam Clerk, will you open the vote? And close the vote. It passes 7-0. Who moves to the final item on this night's meeting item? That is the final one. I miss 18. Unified Development Ordinance, Texas Amendment, accessory structures, home, occupation, TC 1500005. Thank you. Michael Stock with the planning department. TC 25005 is a request by Parker and L's PLLC on behalf of Mr. Travis Feltz to amend Section 5.4 of the UDO. We're going to find development ordinance regarding accessory structures and home, occupation regulations. Two changes are proposed with this amendment. The first is to allow accessory structures to the side of a primary structure in the RS-20 zoning district as long as the property is at least two acres in size, located outside of the home occupation standards to explicitly allow the use of accessory structures for home occupations. This is currently allowed for rural home occupations, but not explicitly allowed in general for all home occupations. No change in the allowed size of the home occupation would be made. The Planning Commission recommended approval at its August meeting, 14-0. The Board of Commissioners approved the request 5-0 at its September 28th meeting. As a reminder, City Commissioners, the second action is on the amendment ordinance amending the UDO itself and as attachment B in your packet, the second action is the appropriate statement of consistency as attachment C in your agenda packet. The applicant is here to answer any questions. The staff will also be able to answer questions. Thank you. The public hearing is open. Questions by council and staff report. Hearing none, does anyone in the audience want to speak on the side of the board? The audience has to speak. I would encourage the public hearing to be closed. Madam clerk, we open the vote. Close the vote. It passes 7-0. Thank you. Now we move to the consistency statement. Who is doing that? It's a proper move in the second. Madam clerk, open the vote. Close the vote. Passes 7-0. Okay, moved item 19, economic development. The second action is the consent of agreement between Wexford Chesterfield Parking LLC and the city of Durham. Good evening, Mr. Mayor. Members of council and city staff and members of the viewing public. I'm Kevin Dick. I'm the director of the office of economic and workforce development. I'm here this evening to present a proposed economic development incentive agreement between the city of Durham and the city of Durham. I'd like to acknowledge the presence of Dan Kramer and Justin Parker of Wexford Science and Technology and they may want to make brief comments as part of the presentation at the close of the public hearing. Just a bit about Wexford. Wexford is a real estate investment development company specializing in life sciences. Within the state of North Carolina they have completed an adaptive reuse of a historic R.J. center adjacent to six major academic institutions. And they wish to carry out the same type of project here in Durham. In terms of the project, it involves the rehabilitation and redevelopment at 701 West Main Street otherwise known as the Chesterfield building in downtown. Construction would be completed by 2017 and roughly $80 million of capital investment is scheduled to occur within three years from the date of this agreement. This project would activate a significant vacant building along the West Main Street in the Brightleaf District of downtown. Specifically 284,000 square feet would be redeveloped including approximately 153,000 of lab space 78,000 of office space 42,000 of innovation space 12,000 of retail. And I didn't want to point out that just around the start of this meeting I received an email from a colleague with a citation from Industry Week that reported independent workers or micro entrepreneurs produce roughly $1.15 trillion in revenues each year in the U.S. And so the presence of innovation space for these micro entrepreneurs is a very significant part of this project. This building has been vacant and unoccupied since 1991 leaving a significant void along Main Street in the western part of downtown. What you have before you is a rendering that basically demarks where the Chesterfield building would be where it is in downtown and where this project would take place. This is a rendering that depicts the sort of open environment that is projected to be part of this development and so whereas the building itself obviously is a very closed in tight structure once you walk inside after this project is completed there should be a very open working environment, very collaborative environment for the various users. The parking assemblage the location depicted on this rendering is on the south side of west pedigree street just west of Gregson and this is the proposed area at this time for where the parking deck and surface parking would take place. Chesterfield may reserve the right and have plans in the future to actually develop on the surface lot but that is still to be determined. In terms of potential job creation the tenants are anticipated to generate as many as many as 710 new highways jobs. The job mix includes scientific and technical administrative research and development. They're also projected to be 560 temporary construction jobs created by this project. OEWD intends to work with the Office of Equal Opportunity and Equity Assurance the North Carolina Institute Minority Economic Development Agency the Small Business Advisory Committee that's convened by OEWD to make sure that stated goals and ongoing capacity building are in place for Durham's small businesses including those that are owned by minority and women. In terms of other policy issues and benefits for this project this project contributes to a burgeoning knowledge community in downtown as well as involved with knowledge communities working collaboratively with client institutions such as universities and hospitals the creation and the building of vibrant mixed use to many rich communities the offer of strategic research and business services creating an environment right for innovation and consistency with the economic development financial assistance policy approved by city council as well as the downtown Durham master plan joint economic development strategic plan and so along again along the lines of knowledge communities Wexford in a project in Baltimore did partner with the Baltimore City Community College the Baltimore school system and expects to replicate this model here in Durham thus far they've been robust discussions with Duke with North Carolina Central University and Durham Technical Community College on education to work pipe lines this project would also contribute to the live work play districts that are part of the joint economic development strategic plan and really would support an innovation district concept downtown a recent milken institute report talked about the clusters of existing and emerging science-based technologies being crucial factors in shaping the economic winners and losers of the first half of the 21st century the author state in the report that in order to create international comparative advantage in a knowledge-based economy clustering innovative activity is imperative according to the studies biotech index the top 12 metros of the top 12 metros the Raleigh Durham Chapel Hill area was number 3 but the project that is being presented this evening as well as the one that was presented five years ago help continue this momentum and help us sustain competitiveness with other large metro regions throughout the country and throughout the world the project financing would involve six million dollars to be paid by the city over 15 years the remaining capital required for the project includes for the most part a combination of historic and new markets tax credits private equity and anticipated incentive the county has agreed in principle and is anticipated to conclude negotiations eminently it is important to note that this six million dollars would all be performance based no payments will be made before the building is completed and or before the city excuse me I should say and the city begins to receive revenue from the incremental tax values of the project other conditions that would proceed payments include completion of construction by 2017 and 80 million of capital investment a minimum of 80 million of capital investment within three years the inclusion of a workforce plan stipulating the use of the NC Works Career Center as a source for the recruitment of talent the inclusion of a Durham based business plan promoting the use of Durham based contractors and vendors including minority and women owned business enterprises the delivery of a precondition payment to the city annually to accompany the incentive payout the availability of at least 50% of parking for public use on nights and weekends as I said earlier we've also been in heavy conversations with Wexford about education to work pipelines and Wexford has committed as part of the program to fund internships for Durham youth why is an incentive necessary $6 million in city payments is needed to make the project feasible in Durham because the adaptive reuse of a former factory facility is cost prohibitive particularly for these types of uses that factor as well as ownership uncertainty excuse me have resulted in failed attempts to facilitate the site thus far laboratory space development often requires greater investment than other commercial or office development types the project must rely on self-contained parking and which would be newly structured and the project would desperately create a needed class A office space within downtown our current current vacancy rate is only 6% and so if projects do not come to downtown because that means that we are forgoing the ability and opportunity to create more jobs in downtown why does this project make sense for the Durham taxpayers firstly the successful redevelopment of a pivotal vacant downtown property will increase property and sales tax revenues secondly the development will attract high tech laboratory and office tenants creating highways jobs and growing industry sectors thirdly additional service industry workers will be needed as high wage earners increase I would like to point out that another milk and institute report talked about the fact that biotech jobs have a 3.6 to 5 multiplier that means for every job created in the biotech industry we can expect 3.6 to 5 to be created in other industries and so adding jobs in high growth industries is very important to the growth of our economy and lastly anticipated revenues far exceed the proposed maximum investment and so the city stands to gain 8.6 million dollars in revenues over the 15-year period of this agreement and with that I'll take any questions and comments okay thank you Kevin I recognize members of the council questions that may approach them Kevin you have done an outstanding job on this project I would like to point out Madam Mayor I appreciate your comments but just the hard work and dedication of a number of city staff and colleagues and other agencies have brought us to this point thank you I understand that I love the questions I recognize councilman thank you Mr. Mayor Kevin could you show me the show us the parking again the parking slide I'm a little confused about where it is I'm not okay and where is the Chesterfield from there so it is a few blocks of a walk to the north and then a block to the east so Chesterfield is at Duke and Main Street the parking structure is at Gregson and Pettigrew on the opposite side Gregson and Pettigrew okay so it's a little bit of a trek it's good to see the language included about the treatment of contractors and subcontractors and I appreciate you all including that and thank you to the city attorney's office who monitors the arrangement for the guarantee of 50% of parking to be publicly available on nights and weekends and so I believe that the way we would go about that is essentially imposing an easement if it were not if it were not adhered to we would work with our transportation department to make sure that the slots were being reserved for the public there will be some form of an agreement developed okay and is this only for the duration of the incentive period or is this forever I believe we have this in place for 40 years okay I missed that I'll call that forever and I want to note that yeah so I did not see any county participation it sounds like the county is about to participate at some level that's correct and we don't know exactly what the level is yet or you can't tell us we're still awaiting final word on that okay um yeah so I'm definitely supportive I can see we've been waiting a long time for this building and I think it's one of the last key pieces and definitely I think we've got a really good opportunity here and very appreciative of your work and to bring this to us and maybe it'll get done this time and I'm happy to be happy to be supportive you know I this is not this is those really good jobs that are high paying of course one of the big challenges is are Durham people prepared to take them and I know that's something you work on and our public schools work on and Durham Tech's tech works on but I do think that that continues to be one of our big challenges and so I just want to point that out I have no specific thing to say about it other than you know we need to keep doing our part of it so thank you I recognize councilman Mark yes thank you I want to echo the mayor for Tim's comments on the hard work of you and the rest of the staff I appreciate you getting to this point that the reasons why I support this project the first is that it requires a substantial investment by the owner of the property the second is the creation of many excellent jobs and the third is that the cost of our incentive payment is covered by the increase in the property taxes without the project there's no increase in the property taxes cash flow positive for the city and the taxpayers of Durham so I appreciate the fact that we have a win-win situation here and we can take a building that's been vacant for a long time and turn it into a an important asset for the community thank you thank you are there other questions comments I have a question I was downtown two or three years ago and I can't recall where I was but I suddenly saw cranes on that building so tell me about that well right now the I'm happy to Justin or Dan Mr. Mayor Madam Mayor Pro Tem council members my name is Justin Parker I'm with Wexford Science and Technology it's very nice to see you all again this evening and thank you very much for your time and your consideration Mr. Mayor I want to make a couple of comments beforehand I'd like to echo a number of your comments about the Office of Economic and Workforce Development they've been a fantastic partner throughout this they have worked tirelessly on this agreement with us I won't call out anybody specifically by name because a number of folks have touched this and put a lot of hours into it but the entire city and your staff have done a fantastic job thank you we are very excited about the opportunity to redevelop the Chesterfield and our goal in redeveloping the Chesterfield is to create a building that we will all be proud of and that will be consistent with the importance that this building has played in the Durham economy for the last several decades and we hope that the building when it's delivered will only further enhance the incredible innovation ecosystem that already exists in Durham today to answer your question directly Mr. Mayor right now we're doing Phase 2 redevelopment of the building we did Phase 1 demo which was primarily environmental remediation in 2014 and right now we're essentially getting the building prepped for corn shell so finishing up the demolition from Phase 1 and preparing to hopefully get into corn shell construction in the very near future pending art this evening well I'm pleased to hear that to me I thought that was full of confidence that you guys were going to move ahead the fact that you had cranes up there working already before we had approved the deal you're correct Mr. Mayor we are very confident and a lot of it has to do with the fantastic partnership that we've received from the city from the city thus far big believers in Durham and downtown Durham you know Durham is a a city that's full of innovators, creators restaurateurs, entrepreneurs nerds as we found out this evening and our experience here thus far has been fantastic and we can't wait to get started and really go in full bore and deliver the building and again create what we believe will be an important asset to downtown to the Brightleaf District for decades to come. That's great. Thank you. I recognize Councilman Cattotti. I wasn't going to say anything. I do support this project primarily because of the redevelopment of a long vacant building. I had a question actually I'm curious the George Roos sculpture actually was a painting in the stairwell have you and or will you be able to preserve that the big blue circle does anyone know what I'm talking about there is one in one of the central rooms that I'm sure will go but it was it anybody remember when that was maybe 2006. Okay. They went in and in the stairwell I do believe it was a blue circle. You know where you I have not personally seen it however I will absolutely look into it and send you an email. Let me know. It would be great to preserve. I will touch base with you on that and hopefully we can track it down again. I haven't seen it but if we can we will do our very best. Talks along. I'll give you a clue on your hunt if you can't find it Frank Conhouse and Emily Ellen Castley were the people who coordinated all of that work when George Roos was here Frank Conhouse and Ellen Castley were the public hearing is closed we had a motion to second it's been a proper move to second no further questions Madam Clerk we open the vote close the vote it passes seven to zero that's great. Okay are there other questions comments any other items to come before the council if not we are adjourned at 8.37pm Thank you