 Good evening. We'd like to call the Durham City Council meeting in order at 7 p.m. Monday evening October 3rd and certainly November 3rd and certainly want to welcome all of you that are with us this evening If we just take a moment of a silent meditation, please Ask councilman Brown to leave us in the pledge Madam clerk, would you call the roll please? Mayor bill present mayor pro tem Cole McFadden Councilmember Brown Councilmember Cattady Councilmember Davis Councilmember Moffitt and councilmember shul This this evening we have several guests with us this evening Probably many may not most of you May have heard that there was a potential Case of person with Ebola Fortunately that right now everything seem to be negative about that but yesterday evening I received a call from a marine black who's present and Later dr. Monty Brown, of course. We've got our health director Gail Harris with us Basically alerting me to the fact that there was a possibility that a person in person County Was coming to Duke for observations and to look to see whether or not if in fact It was a case of Ebola fortunately What we've heard so far today let the test turn out negative, but in any event dr. Brown was Counting enough to offer to come to our city council meeting this evening to share What of information that that he could and then hope to be as very transparent as possible in an issue like that I think we all know that we're fortunate to live in a region where we have great health institutions Not least of which is a Duke University. So I certainly Invited him and asked if he would come. We'd be pleased to have him this evening I also received a call earlier this morning at my house from one of my former colleagues councilman Thomas Stitt who all of you know is now the Chief of staff for the governor of the state of North Carolina and Thomas basically was informing me that the state Obviously was involved and that they were looking very closely at it But he just wanted to make us aware of what was occurring. I told him I received a call the night before from out from Duke And hopefully we're going to have someone here this evening to at least bring us up to date on that Now dr. Brown is a graduate of 1981 graduate of Stanford University and received his Medal of Glory from Bale of College in 1986 He's been at Duke since 2005 and originally serving as the chief operating officer For the private diagnostic clinic His vice chairman of medicine for clinical operations, finance and strategic planning at the Brigham and women's hospital and assistant professor of medicine at Harvard Medical School He was named vice president of administration for Duke University health system and associate dean of federal affairs for the Duke University School of Medicine in April 2006 He reports directly to the Chancellor of Health Affairs and plays a very key role in guiding and implementing the Health system strategic plan in coordination with the School of Medicine School of Nursing as well as Duke University regarding Duke Medicine activities Including serve on the president's senior leadership group Dr. Brown is secretary for Duke University health system and doing his tenure Dr. Brown has served in many roles including twice as the Duke Medical Chief Information Officer overseeing the IT needs of Duke Medicine And also overseeing all facility planning design maintenance and construction Related to activities for Duke Medicine including Duke University health system Duke University School of Medicine and the Duke University School of Nursing and the private diagnostic clinic He didn't ask for all that but I this sort of very appropriate that we share this with you to Show the man who's coming for us this evening. So I would ask Dr. Brown if he would join us at this time Thank you very much Actually, first I want to say that I'm actually here representing a big team that's behind you and I think that most of the Is actually in the press at this time But actually that stresses one of our main tenants that why what I called you yesterday And why I'm here today is that Duke really wants to be Transparent in its processes that I wanted to describe a little bit of what we've been doing to prepare for this And why we think that we're actually here to protect the community. So when Ebola started to evolve We actually have a great group of infectious disease experts infection control We actually form committees to really look at what our preparedness was And we were fortunate enough that besides the clinicians we actually had as you know in Durham And part of Duke what a research facility which has been dealing with Having to dawn and doff these that those are English words. We're still debating that All of this equipment. So we actually brought together both the research and the clinical side We actually were fortunate enough Some of this luck is that we actually had some an empty ICU From the moving from the old building to the new Duke medicine pavilion that we actually Began to use what was learned from all around the world Including our own research to actually produce a unit that was that would safely care for these patients So any patient who presents for even for rule out at Duke will go directly to an isolated unit within the Hospital where there are no other patients and everybody caring on that unit will have no other duties So anybody coming to Duke will know that their caregiver is not taking care of any other patients that might be on this unit We're also taking extraordinary measures that these anybody who works on that unit will be provided You know housing or anything else if they don't feel comfortable going home So we're doing as much as we can to actually protect protect the The community at large we at Duke have actually educated all of our clinics We put it into the screening process So if you go to one of our clinics and don't get asked the screening questions, I want to know about it We've actually put it into the Duke epic system, which is then being used now nationally going across the country Just ask these same questions So we have a very regimented process that if you get asked three questions that doesn't mean you have Ebola But have you been out of the country? Have you been to these three countries? Do you have any symptoms you then get called and seen by a group of dedicated ID? Experts will then then do further analysis and as you may know We actually had some other Incidents in the city where they initially screen positive But actually then don't have any real risk factors for Ebola this recent one Obviously we felt was strong enough that we needed to activate the team There was great coordination and everything went right in this case that we asked for in the country the patient self identified Themselves they didn't come to an ER clinic the patient was transferred directly to Duke to the unit Did not go through any clinic or any ER and was cared for by people who knew what was going on with the right expertise and training We've actually practiced this practice this and practice this so we felt we were ready and yesterday that actually turned to be true So I think the answer is it with our colleagues here And across the state that we think that we have the right system That doesn't mean that we can't do better. We're always back to training. We're improving as we go But I think that everybody should be assured That what we're doing is the best weekend Again, we certainly appreciate the fact that Duke is as proactive as it is in this this instance, and I know that Someone asked me had I heard and about a call me it fortunately no one has called me on this And I think it's primarily because the word got out early enough and hopefully In a few years of persons might have had hopefully we're elated with the Media coordination that you guys were able to do I know I don't want to violate any HIPAA rules in terms of the patient But it's anything else you might share with us in terms of how well that person is doing I think what was said publicly earlier today by the Secretary of Health human services that is where the patient is stable and there's been no change Which is a good thing I will say that we will continue to be transparent We have actually notified all of our patients in the hospital And I can't tell you the number of thanks we got from the staff and for the patients of just totally being transparent And therefore the fact that you're not getting called means that we're doing our job because they're getting communicated from us Which is our goal Well, I don't know if in my colleagues they recognize councilman shul Thank you, mr. Mayor. I just want to say as a Duke employee I also got an email describing to me in a lot of detail that what you have described and that was early on and I It was actually quite Comforting and a confidence building to get it and so really appreciate you all taking those steps as well councilman moffett Thank you. I have just two questions for you The first is is that I read at one point there would be a system of regional facilities designed to treat patients Who were presenting symptoms? Is duke one of those a regional facility because I look at the article I didn't think that that time that duke was so designated There's no designation of a regional referral center anywhere within north carolina We've you know identified to all of our partners and Owned hospitals that no matter what every clinic every ER has to be able to do the number one thing Which is screen the patients? They then have to be able to identify them and isolate them for their protection the staff's protection And be able to care for them for a limited number a limited time And then we will be able to assess whether or not we can then take them because there could become a time Not that it's predicted or hopeful But at some point they have to be able to care for themselves as you can see this has taken a lot of effort We are reaching out. We've actually reached out to other different facilities and we're offering our training services We've offered it to some branches of the government here locally who have not been able to get training resources elsewhere So we're doing train the trainer So I think this will take a time to build but every big hospital system around here UNC all the rest are gearing for the capability not that we would take a patient, you know from Directly from Africa, but we all have to be able to be ready to take care of our own And I think that we're well along the way, but there's still not a Not everybody was had the luxury of us having a empty unit. And so sometimes luck is good And the other thing I just if I understood correctly The level of preparation you all have done extended to a specially equipped Vehicle for transporting the patient We designated the specific vehicle and then outfitted it With guidelines under the cdc. And so when the patient then is identified one of two vehicles is Used to transport the patient with all the appropriate gear and the ambulance protected from If their patient would be vomiting or having diarrhea, so it's taking two existing vehicles and slightly modifying it So I just want to sort of echo Other comments, which is I'm delighted to live in a community where we have such great health facilities Both UNC and a duke and continue to be delighted and appreciate you coming tonight and sharing with us the preparation you all have done I recognize the mayor pro tem and councilman brown Good evening. I would just like to thank you and your team of professionals for coming Carving out time to come and share with us this evening and we know we're in good hands Thank you Thank you, mr. Mayor again. Thanks for coming dr. Brown Is it possible for you to give us a little history on how the patient Ended up here at duke That that was described by the secretary during the last night that the patient Self identified themselves as having a fever. They had a piece of paper that was given to them from When they arrived in new jersey about what the process was about taking their temperature and was they called the cdc once they Thought they had a fever the cdc then called the state public health department Who then identified person county? health department And then it was the state who then called us once they identified that this patient had been to liberia and then had identified a fever So it's actually part of the national screening process that identified the patient Good and it seems like that that's finally now in place unlike perhaps A month or two ago the process for identifying the data of this case it worked. Yeah Thank you Well, I certainly want to thank you again for taking the time to be here. I don't want to Let marianna gale or staff leave if you any of you have any comments that you like to make Gales our county health director. I don't know if there's anything you might want to share Good evening. Um, I just want to reaffirm the fact that the public health department plays a role in um contact tracing and communicable disease control and we work very closely with the state in Who in turn works with? CDC and we have since july spent a great deal of time Figuring out what our role would be in practicing In just scenarios and we meet every friday with our community partners Over a conference call with the state to figure out what's happening and what next steps should be So I think you should be very Content or pleased to know that within the community. There is the relationship among key partners That will effectively address the issues That should develop and now always there are lessons that are learned and we'll Continue to have conversation So that we'll do it better next time all of us We were in Raleigh last night at 9 30. We were on the phone at 12 30 a.m We were on the phone at 3 30 this morning and in a conference call at 7 30 So it's been a long day, but arlene senior and medical director is here who is also board certified infectious disease Uh specialist who works with the department and leads our team. So thank you for this opportunity Thank you And you can go home and get some rest Again, thank all of you appreciate it I'd like to recognize councilman shul and those for comments Thank you, mr. Mayor. Uh, this is not as serious a matter as that, but it is a public health matter um Like three years ago, uh when we were talking about renewing our contract for uh health care for our health insurance I foolishly mentioned that I would race City employees who so desired And so for the last three years then the human relation human resources department got a hold of it And for the last three years, we've had an event in the fall Now officially called the shul challenge because it has a t-shirt to go with it And this year we had 36 city employees and a number of Spouses and significant others 40 some people out And it was a great event. It's part of the city's healthy for life uh series of events And people ran strolled and walked It was it was not raining, but it was a little chilly um We had some special guests. Jay rhinstein came in from Fayetteville for the event And uh added some levity as you can imagine Diana schreiber's husband came over and was one of the best runners that we had diana Uh, and I want to thank d buyers especially and michelle cash for Supporting d uh to make the event go I am pledged to read the uh The names into the official record, which I will do But let me just say that the winner was randy stort of inspections and he ran less than seven and a half minute miles pretty good and Eric holstead came in second for the third year in a row and is angry and wants to win next time He's in public works Uh, and so the department's represented were inspections public works finance water management Public works fire department parks and rec uh city manager's department, uh city manager's office, uh bow fergusson was there and uh bow you acquitted yourself quite well, I thought I did beat you and I will beat you again next year The fleet department, uh the police brought their uh new group of Cadets, which was a lot of fun. They ran in unison. I think I may have said human resources Uh neighborhood improvement transportation. So a lot of departments were represented and planning um The uh, there were three department heads there as well regina youngblood And uh, who I would say was best dressed and david boyd from finance who I would say had the best shoes david congratulations And uh, I will tell you the third in a minute the third department head. Let me just also add that The amazing and incredibly fit bill bell was there And uh, again also acquitted himself admirably in the five miles So here the names that I'm going to read in and at the first group I and pledged to say they beat me Okay, fine randy steward eric holstead dan schulman simon lobdell danna horn coal Dan curia beat me uh chief curia james flam and tom dawson and matt sprouse And then here's who didn't beat me bill bell David boyd tina cardin mark clancy bow fergusson rajah flippin marquita gist kenny gooch alethea hardy marvin hembrick keith herman Andrew holland Jean carlo le daga zackery letzinger robert lewis larne milton and nicholson Sheldon perkins nick schneider diana schreiber lindsay smart kyle stort mark sykes thomas thrall and regina youngblood and thanks to all of them for attending and it was fun Steve I want to thank you again for initiating that event. I I just found out about uh, this year Not saying I would have done if I'd known earlier, but I did just found out about this year. It was great The weather turned out well and steve lived up to his players. He bought beer for somebody and looked like it Had t-shirts. So it's a fun event recognize councilman marvin I'm just going to say on a personal note I love all you guys But not as much as I love my wife and yet here I am on my 14th anniversary So shout out to my wife All right councilman brown uh Steve when I used to run What was this race disaggregated based upon age? Yeah, you speak Into the mic. I needed the handicap. It should have been age adjusted. It was not however. Oh, well that that explains a lot Yeah, maybe next year. I mean that's only fair I think Anyway, uh Thanks for for doing that steve last week One of our former city council members Died Chuck grub perhaps some of you knew him and he served Proudly and with distinction on the Durham city council Among other things Chuck was noted for His his pledge and his commitment and his leadership To keep the Durham bulls in Durham Just a brief history and that is that there was a referendum That was on Ishering more money to renovate the existing ballpark And that failed it was countywide And it fell for a variety of reasons not the least of which of which was the overwhelming negative vote from northern Durham County and also there were certain groups political active groups Who came out against it? Including the people's alliance Um What happened afterwards was in my judgment a a prime example of leadership in vision Chuck teamed up with his neighbor The mayor harry rhodenizer And ironically both of them lived in trinity park in my neighborhood uh chuck on mamma avenue and The mayor rhodenizer on watt street and in fact there are lots that backyards abutted each other But uh chuck was a democrat Dash independent and harry was a republican But as you all know, we're non-partisan on city council, but that was their political background Uh, and so what they did was to come up with the idea Of using cops cops certificates of participation And what that did basically was to eliminate the the public from participating in yet another referendum Um as a result of that and it was also a closed vote The city council approved the the cops and The result Was that it passed And you can now enjoy and see and experience and witness What has happened with the new Durham bulls park But more importantly or just as importantly i should say Thanks to the leadership of both chuck and harry The spinoffs from the development Of that ballpark There's no other word except to say incredible Uh, for example, we have just uh been given tonight this CD entitled because no one else would American tobacco and the Durham Renaissance And I doubt very seriously that this would have happened If the ballpark would not have passed because Jim Goodman had already started looking for property to build a new ballpark And I think he had a piece As an option on the other side of research triangle park So this was very very serious And we came very close Very close indeed To losing the Durham bulls um So I think Mr. Mayor if we can have a moment of silence for Chuck grub And a very well-deserved moment that would be appropriate Thank you Thanks, jane. That was Very appropriate. I remind people constantly but not for Chuck grub and The mayor and the colleagues Those things that you mentioned And all likely would not have not have happened The only one difference was because I was chairman of the board of commissioners when we did the referendum It wasn't the redeveloped the park. We were going to build a new ballpark and the site was going to be University Ford That's the the plan was to have a new ballpark built And we're going to do it on University Ford and Glaxo was going to renovate American back campus But when the referendum fell all that went to pot and fortunately chuck stepped up and we are where we are But very very appropriate Any other comments by members of the council? Recognize councilman catati As if anyone actually needs a reminder just want to remind everyone that polls are open at 6 30 a.m To 7 30 p.m. Tomorrow, please go out and vote your life does depend on it That's great diane and do that again when we sign off okay, um Let me ask whether any prior to items first by the city manager. Thank you, mr. Mayor. Good evening everyone The priority items identified in the october 30th Memorandum of the council will remain agenda at number seven Guidelines for dedicated funding source Funded small project development neighborhood revitalization That item is being deferred to the november 6th work session on thursday We will be asking the council to consider us suspending the rules and voting at that time And agenda item number 12 was the contract between musko sports lighting llc in the city for sports lighting at gare road park tennis courts There was some additional information that was provided to accompany this agenda item I'm entertaining emotional and city managers prior to items It's been a proper move in second by the mayor pro tem councilman katani. Madam clerk. We open the vote Close the vote It passes seven is zero likewise city attorney. Thank you, mr. Mayor. No priority items And madam clerk No, I need mr. Mayor We're proceed with the agenda as a printed we First we'll go through the consent agenda items and those items that could be approved with a single Voter for council member chooses to remove an item. We discussed that later. Likewise if someone in the public Chooses to remove that item. We'll discuss that later also Item number one is board Committees and commission the tennis reports to the period of july 1 2013 through june 30th 2014 item 2 is recreation advisory commission apartment item 3 is the derm open space and trails commission apartment Item 4 is the derm convention and visits bureau tourism development authority reappointments item 5 is the street infrastructure acceptances Item 6 is inventory audit for june 2014 item 7 has been referred back to our Work session item 8 is derm central park water line replacement project Pull that item item 9 is resolution of support for the jordan lake partnership in the triangle regional water supply Item 10 is bid report for september 2014 Item 11 is proposed advanced acquisition for the future expansion of lake mickey property of raymond allen jones and wife Elaine k jones Item 12 has been referred back All supplemental okay item 13 is dedication of drainage easements on city-owned parcel number 206562 to north crown department of transportation via plat Item 14 is acceptance of the donation of a sculpture from libert arts ink Items 17 through 20 items that can be found on the general business agenda as public hearings Entertain the motion for the approval of the senate general exception of item 712 to be Including item 12 including 12 with the exception of seven any It's been properly moved the second Madam clerk. We open the well Close the well It passes seven to zero Recognize the councilman cotani I just wanted to briefly recognize the folks that are here from liberty arts and thank you for your generous donation to the city We're all looking forward to enjoying it. Thank you. Thank you Under general business agenda public hearings item 17 is unified development ordinance text amendment industrial light project Boundary buffer tc 14 0 0 0 0 2 Thank you very much michael stock with the planning department before I before I began staff would like to indicate that the notifications for all the public hearings Public hearing items tonight before you have been performed according to law and affidavits to those notifications are on file for review Text amendment tc 14 0002 is a privately initiated request by morning star law group To modify the required project boundary buffer required for properties zoned industrial light or il Adjacent to develop properties without a buffer in the industrial or i zoning district The amendment would reduce the potential 100 buffer opacity to 40 opacity with corresponding reductions and buffered width And would be also limited to properties of four acres or less As part of this request planning staff also proposes a minor reorganization reorganization of udo paragraph 943 For clarity purposes. This change would create a new paragraph 943 c modifications to the project boundary buffer table And in this paragraph staff has just relocated the current Modification standards already found in the udo and has added the proposed standard within this request No other changes are proposed On august 6 2014 joint city county planning committee reviewed the text amendment request and did not indicate any concerns with With it the planning commission recommended approval 13 to 0 Of the text amendment on september 9th the planning commission determined that the ordinance request is consistent with the adopted comprehensive plan And that request is reasonable in public interest based upon comments received at the public hearing and the information within the staff report Also found in your agenda packet As a reminder council will be required to take two actions tonight As similarly done with zoning map changes The first action will be the actual vote on the amendment itself And the second action and that is attachment b. I'm sorry and the second action will be A vote on the appropriate statement of consistency Found in attachment c of your agenda packet The applicant is here To answer any questions. Thank you and i'll be also happy to answer any questions Thank you for the staff report. Let me first ask are there questions comments by members of the council and the staff report This is a public hearing item recognize councilman shul I don't have a question. I just have a statement which is I thought this was exceptionally well explained And a lot of times These things are hard for me to understand, but you made it easy and I was most appreciative. Thank you. Thank you Any other comments about a council Not this is a public hearing We have one person to sign up to speak on this item Patrick biker is anyone else that wants to speak on this item this being a public hearing If not, I recognize Patrick biker. You have three minutes. Good evening, mayor bell Mayor pro tem coal mcfadden members of the city council. My name is patrick biker. I live at 2614 stewart drive I'm an attorney here in Durham with morning star law group I'm here tonight representing wendy's international and we are requesting your approval of this text amendment to reduce the Required buffer between parcel zoned i l with less than four acres next to parcels that are zoned industrial I also thought the staff port for this text amendment did a great job outlining the important issues So I really don't have a lot to add on this item Long story short wendy's wants to replace its store on hillsboro road That is over 35 years old with a tax value of about 155 thousand dollars wendy's wants to replace it with a new store that will add new jobs And have a tax value that is significantly higher than the status quo When we first looked at redeveloping this parcel on hillsboro road We saw that it was 200 feet deep and that there was an industrial zoned parcel behind wendy's with a 12,500 square foot warehouse on it Under the current regulations, there's a 25 foot street setback and then because the property behind wendy's is zoned industrial There's an 80 foot buffer imposed in order to redevelop the wendy's site So out of the 200 feet that we have to work with We lose 105 feet more than half of the property to setback and buffer And to me that just did not make a lot of sense In contrast, we think it does make sense to ask for this minor text amendment that will spur redevelopment opportunities Like the one we've just discussed for wendy's We respectfully ask for your approval and i'll be happy to try to answer any questions. Thank you for your time Thank you. Let me ask first other questions by members of the council If not, is anyone else that wants to speak a comment on this item? Uh, let the record reflect and no one else asks to speak I would occur to put him here to be closed and that's back before the council It's been properly moved to second now. We have Two attachments. I assume you Yes, yeah So as a motion on action attachment b Move by the mayor pro tem second by councilman shul Call for the question. Madam clerk. We open the vote Close the vote It passes seven is zero Move by councilman shul second by councilman moffitt in discussion here and on madam clerk. We open the vote Close the vote Do you mean to vote? Yes? Okay, it passes seven is zero. Thank you. Thank you Move to item 18 Zoning map changed madrid residential z 14 000 07 Good evening. Mr. Mayor members of council pat young with the planning department As you just indicated zoning case z 14 000 0 0 7 madrid residential is a request to change zoning map designation of 25.35 acres Of property located at barbie road and ncy highway 54 From its current zoning designations of residential suburban 20 or rs 20 office institutional and commercial neighborhood to the requested designation of office institutional of the development plan And if approved as submitted, this would allow a maximum of 175 Multifamily residential units to be developed at this site The request is consistent with the future land use designation of the property In the comprehensive plan which designates the site as office Multifamily housing is consistent with the office designation There are numerous text graphic and design commitments associated with this request And they are detailed in your staff report and this includes dedication right away along nc 54 and barbie road An installation of additional asphalt to accommodate a bike lane Staff determines that this request as I mentioned earlier is consistent with the comprehensive plan and other adopted policies and ordinances of the city The planning commission recommended approval at its september 9th meeting by vote of 13 to 0 As noted in the previous text amendment case two motions are required for this item attachment eight Which is the ordinance and attachment nine the consistency statement Thank you. I'll be happy to take any questions Again, this is a public hearing item the public hearing is open. You've heard the staff Comments from the council on the staff report If not, we have one person that has sounded speak on this item Gerard Is there anyone else that wants to speak on this item? This has been a public hearing If not, you have three minutes. Good evening. Jared Edens with Edens landcorp I appreciate pat summary of the project. I'm just going to reiterate a couple of points As you see in the staff report This project actually reduces the number of trips that would be generated From the property by about 600 trips on highway 54. I know traffic sometimes a concern on 54 We are committing to installing bike lanes along the front edge of the property on both barbie and 54 As pat mentioned, we've received unanimous Approval planning commission. One thing I would like to add I would like to proffer The rezoning of this parcel will result in the potential of 13 additional students to the Durham school system So I would like to proffer that A payment of $500 per student, which is $6,500 will be made prior to the first final plat For the property, which is the way we've done it in the past Unless I'm missing something, you got something It would really need to be the in order to be administratively Enforceable it have to be prior to the first site plan Okay, not a problem We did have a neighborhood meeting in july We have no neighborhood opposition that I'm aware of and I would be glad to answer any questions that you have You've heard the proponent any questions by members of the council Again, as anyone in the audience wants to speak on this item Let the record reflect and no one else has to speak. I would declare a court hearing to be closed I'm out of the back before the council It's been moved by councilman catari seconded by councilman shul. Madam clerk. We open the vote closed the vote It passes seven is zero Thank you It's been moved by council mark. It's seconded by councilman catari. Madam clerk. We open the vote Close the vote It passes seven is zero Thank you Moved item 19 comprehensive plan amendment Corners at briar creek 8 1200 0008 Thank you again, mr. Mayor members of council pat young again with the planning department case a 1200 0008 corners of briar creek is a request to change the future land use map designation of approximately 61 acres of property on the north side of us highway 17 near the intersection of tw alexander drive From its current designation of commercial low medium density residential and To medium density residential In commercial The property before he represents an existing commercial node what the applicant is requesting is slight intensification from the four to eight units allowed by low medium density residential to six to 12 units under medium density residential And reformation of the commercial node to be Representing more nodal pattern Staff recommends approval as the four criteria for comprehensive plan amendments are met And the planning commission recommended approval at its september 9th 2014 meeting by vote of 11 to 2 I'll be happy to take any questions Thank you for the staff report any comments questions by members of the council Here in unrecognized patrick biker Spike we have three minutes on this item Again, is anyone else that wants to speak on this item behind public hearing? Not in recognized patrick back. Good evening. Mayor bell. Mayor pro tem col. Mcfadden members of the city council My name is patrick biker. I live at 2614 stewart drive. I'm an attorney with morning star law group in durham I'm here tonight representing creekwood highway 70 alexander llc We are requesting your approval of this plan amendment for slightly more than 60 acres located primarily in wake county Near the intersection of tw alexander drive and glennwood avenue We meet tonight is our traffic engineer earl awellen with kimmy horn Since you've just heard the staff report on this plan amendment We don't have a whole lot to add on this topic in a nutshell We are requesting this plan amendment because the commercial area along this part of us 70 needs to be consolidated at the tw alexander drive intersection This plan amendment will will create an attractive commercial center Rather than unattractive strip commercial development Also, it is important to locate residential buildings on parcels that need to be developed With more sensitivity to environmental constraints such as stream buffers and topography Accordingly for all these reasons we respectfully ask for your approval of this plan amendment And i'll be happy to try to answer any questions you may have. Thank you Welcome other questions by members of the council recognize council shul Thank you, mr. Mayor Patrick we discussed this already, but i wanted to ask it and and so you could talk about a little bit one of the Members of the planning commission had some objections, which i wondered if you could respond to a little bit and that is that This would not really create a new commercial node But is rather simply an expansion but an already very large briar creek commercial node And that it is at odds in this sense with the intent and the letter of the comprehensive plan So you and i have talked about that, but i i think it's an important Question and i was hoping you might be able to shed some light on your thoughts on that Yes, council member shul. Um, i thought about it and um to be Brutally honest, i couldn't really track with the criticism from from commissioner miller. I enjoy talking with commissioner miller about cases, but i didn't really understand the Disagreement with this proposal that the staff report i thought outlined why It made sense to take some of the what our plan amendment does is take some of the commercial frontage off of 70 and instead Consolidate it with the rest of the commercial development. So it actually is reducing The property that's zoned. I'm sorry designated for commercial along us 70 than what is uh than what's currently on the books So um with all due respect, we we think this is the right thing to do um again, it's it's um Important i think to look at what wake county has done over in that Corner of the world and the density in terms of the residential is actually lower than than what's typically developed in that part of wake county and Certainly, i think the commercial is just a a logical extension of what's already there any other comments again Anyone from the public here and un recognize the response Close the public hearing. Matters of fact before the council move the item Move by the mayor pro tem second by councilman brown. Madam clerk. We open the vote close the vote It passed a seven zero Thank you. Move the item 20 Zoning map change the corners at briar creek Z 12 0 0 0 0 19 Thank you, mr. Member a mayor and members of council pat young with the planning department This is the zoning case associated with the previous plan amendment case the corners of briar creek It's a request to change the approximately 122.2 acres of property At the north side of highway 70 and t. W. Alexander from its current designation of roll residential or rr to pdr plan development residential 12.0 And commercial general 61 acres of pdr 12 and 60.54 acres of commercial general If approved as requested this Approval would allow up to 603 residential units and 390 000 square feet of non-residential uses at the site This site is now consistent with the future land use designations of commercial and medium density residential There are numerous text graphic and design commitments associated with this request Which are detailed in your staff report and these include right-of-way dedication Traffic mitigation improvements and dedication of a 200 foot greenway easement through the site Staff determines this is this request is consistent with the comprehensive plan And other adopted policies and ordinances The planning commission recommended approval by vote of 13 to 0 at its september 9th 2014 Meeting and as was the case with the previous zoning map change and text member requests Two items would be two motions would be required Attachments 11 and 12 in your agenda. I'll be happy to take any questions Thank you. It's a public hearing you've heard the staff report comments questions by members of the council I recognize patrick biker And are there others that want to speak on this item? If not, patrick you have three minutes Good evening again, mayor bell mayor pro tem col. McFadden members of council. My name is patrick biker I live at 2614 steward drive I'm an attorney with morning star law group in durham again. I'm here tonight representing creekwood highway 70 alexander llc We are requesting your approval of this zoning map change for slightly more than 120 acres Located primarily in wake county near the intersection of tw alexander drive and glennwood avenue And again with us tonight is our traffic engineer earl llewellyn of kimmy horn In regard to our zoning map change. We are calling this approximately 120 acre development the corners at bryer creek The northern half of this development will be a mix of apartments and townhouses and the southern half close to the corner of alexander drive And glennwood avenue will be commercial The bryer creek sub market is strong for multifamily and even stronger for retail The corners at bryer creek represents a tremendous opportunity for the city of durham to get a piece of the action in this hot corner of wake county Based on anecdotal evidence It appears that many east durham residents are spending a considerable portion of their disposable income in raleigh at bryer creek The retail component of the corners at bryer creek is durham's opportunity Not only to reduce this sales tax leakage But also to attract raleigh residents to spend their money within the durham city limits In conclusion, we are very excited to bring the corners at bryer creek to you this evening We've been working for more than two years on this ambitious project and we think it will be a great asset to the city of durham In closing on behalf of our team. We want to express our Our deep appreciation for the mayor and the city council the playing department staff And especially the durham delegation to the general assembly For working on legislation that was approved this summer that made the city limits of raleigh and durham Match up with the property that's owned by our client. We very much appreciate that. We wanted to state that on the record tonight That's really all we have to say on this item We respectfully ask for your approval and i'll be happy to try and answer any questions you may have. Thank you Thank you. I have questions by members of the council recognize councilman schul Thank you, mr. Mayor Patrick you heard earlier that Another developer has proffered five hundred dollars per child for each of the children and additional children during public schools and There are 20 additional children that this development is projected to add to the population of durham public schools I was wondering if you all had considered the same Yes, sir. Just for the record our Our developer the applicant will contribute ten thousand dollars to the durham public schools Reflecting five hundred dollars per student and we will contribute that Prior to approval for the site plan for that section. That's in durham county. Thank you be happy to send that Extra committed elements of the planning department in the morning. Thank you One further question or just comment, which we've also previously discussed you've The easement for the greenway at some point I hope and I know that you all Are planning to build a trail in that greenway once you have this the residences There and so could you talk about that a little bit? Well, we need to work actually with Our neighbors to the north the del web development. I know many of you have taken the opportunity to go through that We we're talking with them. We have a very good relationship, but we certainly want to what we want to try to do is connect the Carolina arbors development through our development down to the commercial So we certainly will be working on that as this development moves forward and work We appreciate that comment. Thank you Thank you, mr. All right councilman moffitt Yes, if no one else has a question, I'll go ahead and move the item It's public here and I haven't finished Any further comments about the public let the record affect no one else has to speak and I'll declare it public and be closed As a matter of fact before the council and recognize councilman moffitt. I want to move that We approve the ordinance has provided an attachment 11 provided that the additional proffered elements included Move by councilman moffitt second by the mayor pro tem madam clerk, will you open the vote closed the vote It passes seven to zero. We have another action as to be taken Consistency, yes Move by councilman moffitt second by the mayor pro tem madam clerk. We open the vote Close the vote It passes seven to zero. Thank you very much We move back to the item that was pulled from the consent agenda that is item eight was it eight Durham Central Park water line replacement project contract award to the cdm smith ink We had one person from the audience that already pulled in. I think councilman moffitt pulled it also Could we hear from the person in the audience trace and don't mind councilman moffitt? Good afternoon, mayor mayor pro tem members of council don grilly department of water management The item before you for consideration is the contract award for engineering services For the engineering design of the replacement water lines in the Durham Central Park area The department sent out a request for qualifications Seven firms responded the firm of cdm smith was selected for the project Also here tonight are two representatives from cdm smith. Mr. Kevin erby who's a Vice president and client services manager from the rally office And miss patrice robbins who's a principal in the firm and the senior management of the affirmative action programs for cdm smith From their orlando office. We're here for to answer questions. All right. Thank you. Um, look, let me All right, let me approach them The old lady is from The orlando office orlando. Oh, thank you. Any other questions? Razi Sorry Yeah, three minutes Thank you, sir Uh, good evening. Uh, male bail city manager bondsfield Uh In my return from fergusson, uh I was given this task tonight by the fade coalition. Could you just state your name? Yes, my name is rafid zadian zady I resided 807 south duke's greek Durham, north colina As a member of fade. I was given um This tough position tonight after coming from fergusson, missouri um And we faced the same problem in fergusson. I understand When that, uh As I read last week's paper I was glancing through it and I noticed that an alarming continuous presence and that This city has long Permitted contractors to come into the city Black people are being ignored Many of my brothers and sisters are going through the prison pipeline Because they do not have jobs True employment What I am saying in these last 15 seconds, we are demanding We are demanding that our black youth Be trained skilly to be employed by these contractors. It makes no sense that a company Have 297 persons In their contract facilities and only one black One black is in this contract. It is appalling In line with the male's attempt to curb the property cycle in Durham In increasing the economic impact This suppressed population my people Will no longer stand by and let white supremacist Systemic contractors come into this city without us demanding that we get a piece of the pie Now in my conclusion You can do what you want to do with me Like you arrested one of my fade memos halloween night in a custard herd, but we got our jail That's another issue. You can do what you want to do with me We are demanding that these white contractors who come into the city of Durham, North Carolina Employ my people let my people go or we're going to tear the city down You will no longer have peace. It will not be the same old bootlegging ball game Where the politicians suck up under your table and you paid them up under the table to keep us down No longer will we play this game and in my conclusion May god bless you Who have been elected To fight for justice for those who have been deprived Take no mean price for justice because every time we fail to do justice We set up judgment on ourselves And others ebola is just a tip of the iceberg and Durham the city of medicine Durham the city of medicine I believe if a bolive would come To a miracle on a mass plague you deserve To handle it. All right. Let's hear from councilman moffitt Yes, thank you. I I had this item pulled because I did want to talk with the I wanted to hear from the The recommended contractor on their efforts to recruit They're located in Raleigh. And although I share the Some of the sentiments of the previous speaker the statistics that I'm seeing in front of me are slightly different He said 267 with one black employee. I'm saying 68 total with Not very many black employees, but But a few more than one But I'd like to hear from the contractor on on the efforts that you all are making and why You think that so far you're having so much difficulty in In um Having in in Raleigh a more diverse workforce Okay, greetings. Um, I would like to first of all, thank you for the opportunity to provide you with an update as to our progress towards Attracting minorities. Could you say your name? I'm sorry. My name is patrice robbins. Um, I live in orlando florida Is there additional information or Possession with the company again. I'm sorry. Um, I am the affirmative action eo manager at cdm smith Okay, so, um, we want to provide you with an update of our current demographics outreach efforts and successes Um, when we last spoke with you our minority percentage was at 19 percent And we had three african americans in the rally office And as a date we made progress in increasing our minority population Um, we now have 20 percent, but we are at five, um, african americans in the rally office And these positions do vary from technical to administrative Now in the brochure that you have you will find more information regarding our workforce demographics Um, cdm smith is an affirmative action eo um employer and we are continuing to Find ways that we can increase our minority and just overall our diversity efforts Um, our affirmative action plan does allow us the opportunity to compare our workforce To the local um workforce and also to the national demographics And we are happy to report that during our last affirmative action plan We did have um a goal to hire two technical professionals minorities Particularly african americans and we did um achieve that goal and we continue to try to go above and beyond We do have a long-term relationship with north calina ant state university Last year the university presented us an award for advances in environmental sciences And other activities that we have done so far is participated in the spring career fair We are active with the ant engineering week ban quack And also, um, we provide monetary donations to the national society of black engineers and the society of women engineers Um, I will also like to highlight that um last year You know, you had requested that we make an effort with north calina central university And we have contacted north calina central university and we have also made a hire from the university Um cdm smith also um participates in two scholarship programs With the society of hispanic professional engineers and also through the united negro college fund Um, these scholarships does offer six thousand dollars academic And also a paid internship and we offer up to 2,500 dollars in living and housing allowance during the duration of the internship We currently have a uncf scholar student in the raleigh office And this past summer we had a uncf scholar in from north calina ant at india orlando office We continue to partner with local workforce agencies and we are a member of direct employers network Which connects us with a variety of diversity organizations across the country Um, and also in the brochure you will notice we are very community focused Some of the larger organizations that we participate in is water for people but here locally Mr. Kevin erby who's here with me and also brian green from the water management Um spoke with students at southern school of engineering about careers in civil and environmental engineering Because what we found is that there are a small number of students entering into the minor Entering into the engineering and technical arena So we thought that you know by being proactive in speaking at the school can help engage the students at our earlier age Um, so that's one of the things that we have done And then also another community outreach effort is with the habitat for humanity This is our stack. We participated so far in two events. Um in building a house Here in derm And on the last page of the brochure On the back you will notice some of our senior leadership here in the north calina And we currently have six technical professional positions that we are hiring for in the raleigh office We have listed out organizations that we can potentially recruit from and we also will welcome your suggestions If you know you have any that you would like for us to play closer attention to Um one resource that we were made aware of last week is the north calina institute of minority economic development Um, and you know, like I said, we will continue to make sure that we are looking for, you know Other opportunities where we can continue to improve our minority members in the raleigh office And for that a hover cdm smith So hopefully you can see the progress and efforts that we've made in diversifying our workforce and if we can answer any questions As the mayor pro tem Good evening, and thank you for coming and I appreciate the progress you have made What kind of position Does the north calina central university person have? student Is he's in an administrative? Okay Excuse me, and he's excellent. We've been very happy. Yeah, most eagles are I say that from Personal experience, that's right. Um I noticed um that you are sub contracting Self consulting if you will to roto fox construction What will they be doing? Uh, yes, ma'am. Um for this particular job, um, they will be assisting with the construction management Uh, once we do with the design, they'll be helping with the actual inspection Of the of the construction project as it's ongoing Uh, they'll have a full-time resident observer there observing construction as it takes place Also during the design phase will have them helping with the cost estimating portion of the project So you have someone based Locally, yes, they'll they'll be moving here for the project. Okay. All right And um the firm from raleigh What will they be doing? C. H. Engineering, uh, they'll be doing surveying for us. Um, and that that represents approximately, I think 24 of the design project, which is well above and beyond the mwbe goal That was provided and also remote fox during construction will be over 35 percent of that construct of the Contract for that work again well above and beyond the mwbe goals for that Okay, thank you I appreciate all that you do in greensboro for A and t as well and I don't want to sound selfish, but Um, I'm particularly appreciative of Whatever you could do to help the local economy Here in term. Thank you for the strides that you've made Since You last shared information with us. We really appreciate this. Thank you for having us. When when you're advertising positions Could you just Put us in your email On the on the email list When I say us on the city of doran, okay Because we have uh folk who are seeking employment In other places who are applying here too, I think Is there a particular Probably human resources You think that's okay Human resources rejina young blood And workforce development Kevin dick Let me follow up the question that um, the mayor pro tem asked about your subcontracts Maybe I didn't look at the right thing. You mentioned rotor fox. I mean they used to be in Durham. I know they're based in Atlanta The memo I have says $5,000 is that Oh Is that what they recommend represents? Okay, so that rotor fox construction control services. I mean This control service is a different corporation What is that? So what may be causing some confusion the the current contract before you is for the design piece Okay, of the of the project and they'll be more heavily involved in the construction Inspection portion, which would that's what I thought I heard you say but yes, sir So we're we're maybe somebody went to pace three and explain what this is. I've done counsel. My wife was trying to tell me He had three firms. I thought it was two firms Because construction control is in Atlanta And this thing says this paper says five thousand dollars So am I missing something? They're here in Durham. They're based in Atlanta. They have also That's the name of this. It's that's one The name of the company is road fox construction control services. That's the name of the company Okay, and what I'm saying what I'm saying is on this page Where I see that company As an msdbe Atlanta, george of the mountain is five thousand dollars. So I'm trying to understand how somebody Yeah, ma'am l. Um, what's in the memo? This is for the engineering portion of the contract As outlined in the memo we'll be coming back with an amendment to the contract once it's designed Because right now we've found for projects like this It's more cost effective for the city to after the design is complete And we know what we're actually building and everything's involved then we negotiate the construction inspection services So, uh, mr. Erby is referring to when we do the amendment for the contract for the construction control Or the construction inspection and the oversight of the construction That's a majority of road fox's participation on the project. Okay. Well, that's a separate piece. Yes, and I'll come out of that later I was doing what's before us and right now what before us? That mentioned they're they're going to be helping during the design with some cost estimating assistance During the design phase. So I think that's the five thousand dollar number and then during the construction is when they'll have a much larger Contract which again is uh, mr. Greely mentioned will be negotiated after the design once we know What exactly is going to be built then we'll be able to more cost effectively negotiate a construction services and inspection piece I'm familiar with the company. I mean the president died inside. I know new ron very well And I know the company so you're talking about a separate issue in terms of what they're going to be doing What we're dealing with right now. It's only five thousand dollars Work that they're doing Okay Any other comments and recognize councilman moffitt I appreciate y'all coming tonight In briefing us on the improvements For me when we are looking at spending a million and a half dollars of city money, I want to see More I want to see more diversity and I want to see more improvements. You have six open positions When do you think you'll have those filled? Um, I I you know cannot tell you the time frame. I know when I did look at the open jobs Some of those jobs were um, recent, you know jobs that were opened up within the past two weeks So, um, you know, I would could get back with mr. Erby and just let him know In terms of a time frame as soon when they are starting to ramp up the recruitment for that. Okay I suspect your contract is going to get approved But one of the things mr. Greeley, I would like to know as when they hire I'd like to know more about the people that they are able to hire for these six positions So I'd like to see their progress if you would just keep us you can just Fee email or something, right? I'll keep up to date with mr. Erby and pass that one He meant more than happy to do that again. Thank you for coming tonight I can ask councilman davis and then the mayor pro temp Thank you, mr. Mayor. I guess I would like to find out from you all As a company Because it appears that your company Wants to diversify. What is the major obstacle? Um, what what what is the barrier since you want a more diversified company? We want More diversity in the money that's spent from the city What do from your perspective? What do you think needs to be done by all of the entities to make everyone? Pleased with the diversity that we would have right As we had stated earlier like one of the things is encouraging, you know, obviously high school students To start to think about engineering fields I'm as well, but then when you look beyond that is Just, you know continuing to You know let different organizations in our community know about opportunities that we have available You know, we know I had a call earlier with the recruiter Recruitment manager and we also discuss how you know Like we want to make sure that we're getting not only minorities But women veterans individuals with disabilities Into the organizations and we've been actively Contacting, you know organizations, so just you know like getting that bridge gap where you know, we were actually you know Hearing back from the different organizations and you know just developing a partnership so that we can you know Try to start getting more, you know diverse employees the mayor pro tem I was just looking on the A brochure to some reference to the mayor's summer youth program and Did not know if you have participated There's some reason my scientists want to deal with this glare You're familiar with the mayor's summer the Durham mayor Youthworks program you're familiar with that. I am not Yeah, we we seek Companies to help us Finance job not asking you for money to share with you what well on the other hand, I guess I am Internships during the summer and Contact the workforce development Thank you Any other questions comments not entertaining the motion on the item All right, it's been moved by councilman By the mayor pro tem second by councilman brown madame clerk. Will you open the vote? close the vote It passes seven is zero Thank you. Are there any other items that come before the council before councilman catati makes her final announcement If not councilman catati Just to remind everyone again that the polls will be open from 6 30 a.m. To 7 30 p.m Please go vote. Thank you Take some people with you. All right, the meeting is adjourned at 8 14 p.m. Thank you