 We'd like to call the Durham City Council meeting to order at 7 o'clock this evening, October the 3rd, Monday, and certainly want to welcome all of you that are with us this evening. We just take a moment for solid meditation, please. Eddie Davis. Thank you, Mr. Mayor. We have a very wonderful treat tonight with our Pledge of Allegiance. We have with us Mrs. Catherine Farrell, and she's going to stand with our Mayor Pro Tem. The Mayor Pro Tem's birthday is today, and Mrs. Farrell, who is going to stand with the Mayor Pro Tem when we do the Pledge of Allegiance, has a birthday coming up on Monday of next week. Mrs. Farrell is just a tad bit older than the Mayor Pro Tem. Actually on next Monday, Mrs. Farrell will reach her 104th birthday. Please remain standing for the Pledge of Allegiance. We have several proclamations this evening. I'd like to ask Councilwoman Jillian Johnson if she would join me, please. Desmond, you can come on up. I don't know. Yes? Hi, everyone. Hi. Do you want your family to come up, too? Okay. So we are so excited and honored to have Desmond A. Jackson with us tonight. Desmond is a student at Hillside High School who was the youngest member of the male Paralympics track and field team in Rio this past summer. And so we're excited to have Desmond here to honor his achievements. What I learned when I first reached out to Desmond and his family and started looking a little bit more into his history is that Desmond has already been competing in and winning in national and international athletics competitions for several years. And so we're a little bit late at getting him here, but we were really excited and inspired by his journey to the Paralympics and wanted to uplift his achievements and his example to other students and young people in Durham that challenges are really actually opportunities and disguise. And I think that Desmond is a great example of living that principle and really being an inspiration to young people here in Durham. So I'm going to read out this proclamation and then give Desmond a chance to say a few words. Honoring Desmond A. Jackson, whereas Desmond A. Jackson was born September 15th, 1999 in Baltimore, Maryland to Andre and Deborah Waddell Jackson. And whereas Desmond is a senior at Hillside High School IB program in Durham, North Carolina. And whereas Desmond traveled to Rio de Janeiro, Brazil to compete in the 2016 Paralympics as the youngest male athlete on the U.S. Paralympic track team. And whereas in 2014 Desmond won gold medals in international wheelchair and ambulatory sports junior competition in the 100 meter, 200 meter and 400 meter and a bronze medal in discus. And whereas in 2015 Desmond was the youngest male member of the U.S. national team at the Parapan American Games in Toronto winning a bronze medal in the 100 meters and participated in the international Paralympic committee's world championship games in Doha, Qatar finishing fifth in the 100 meters. And whereas Desmond was also a 2014 and 2015 U.S. Paralympics track and field high school All-American in a 2016 NCHSAA track and field state champion helping the Hillside High School boys track team win the state championship. And whereas Desmond was the first amputee to run track on the high school level in the state of North Carolina and whereas Desmond is a sports enthusiast and enjoys video games, reading, riding his bike and serving as an usher in his church and whereas Desmond plans to attend college major in kinesiology and continue to run track for the U.S. Now therefore I, William V. Bill Bell, Mayor of the City of Durham, North Carolina and on behalf of the City Council do hereby proclaim October 3rd, 2016 as Desmond A. Jackson Day in Durham and hereby urge all citizens to take note of this observance. Desmond is a role model for our youth and a treasured asset to our community. I just want to say thank Mr. Mayor and council members. I greatly appreciate this honor and I hope to continue to support Durham and I thank everyone else for all the support and I just going to ask for anything more. Thank you. I want to recognize Desmond's grandmother, do you mind standing? The reason I'm doing that is because he has a lot of support obviously but I don't think he has much better advocate than his grandmother. She sort of indirectly wrote me an e-mail talking about her grandson and sort of reminded me of his accomplishments and I couldn't disagree more but I just want to recognize you and again thank you for all your support and how you pushed them along. Appreciate it. Thank you. This next proclamation recognizes disability employment awareness month. I'd like to have Jason Jones, Assistant Director of Parks and Recreation Department, march you for this. It speaks to the fact that whereas the month of October has been designated by the United States Congress as National Disability Employment Awareness Month, whereas 2016 is the 71st year of this designation, whereas the 2016 theme is inclusion works, whereas the Americans with Disabilities Act of 1990 and the Washington law against discrimination promote independence, empowerment and quality of life, whereas workplace welcoming of the talents of all people including people with disabilities are a critical part of our efforts to build an inclusive community and strong economy, whereas we consistently work to break down barriers and work together to ensure that people with disabilities can participate fully in the workplace in all aspects of community life, whereas we must continue to work for a community where all individuals are respected for who they are, celebrated for their abilities and encouraged to realize their full potential and achieve their dreams, whereas the City of Durham celebrates National Disability Employment Awareness Month, the numerous events including Disabled, the Label and Employee Recognition Program hosted by the Mayor's Committee for Persons with Disabilities to all employees who hire persons with disabilities. Now therefore, I will move the bell bell to the City of Durham, North Carolina. Do we have our proclaiming October 2016 as Disability Employment Awareness Month in Durham? I hereby urge all to take special note of this observance by joining together in reaffirming our determination to achieve a society that affords independence, justice and dignity for all. I witness my hand in the Corporate Associate of Durham this is the third day of October 2016 and I would like to present this to Jason for any comments as well as March if you have any comments. Thank you so much. I want to say to our Mayor, Mr. Mayor, William V. Bill Bell and our City Councils, you have been such a strong support and provide everything you can to help us and I really appreciate it and God bless each and one of you and our citizens. Thank you very much for your support. Thank you Mayor Bell and City Council for this proclamation. I'd like to recognize several key partners, the Mayor's Committee for Persons with Disabilities, the Equal Opportunity Equity Assistance Department, the Office of Economic and Workforce Development and the Disabled Label Committee. I'd also like to introduce a new member of our special program inclusion and mature adult team, Deirdre Spellman, Recreation Manager and I'd also like to, in addition to our special programs team, I'd like to recognize a very important member of our Recreation Advisory Commission, Marge Clemens who is also the Chair of the Mayor's Committee for Persons with Disabilities. I also want to let you know Ms. Clemens is a fantastic fundraiser for our Disabled Label and she really made our event a great success this year. We had over 200 people out at Holton Career and Resource Center for the program that supports and brings awareness for inclusion within our community. This year's inclusion works theme for this proclamation is very fitting as our department moves towards a mission of play more, connecting our whole community to wellness, the outdoors and lifelong learning. Thank you. Next we'd like to recognize Domestic Violence Awareness Month and I'd like to ask Eric Moore, the Chair of the Board of Directors of Durham Crisis Response Center to join me, Board Member Strick Savage, Delali Carpenter, and Executive Director Ms. Bell. The proclamation speaks to the fact that whereas as a community we care about the safety, security, physical and emotional well-being of all of our neighbors and we recognize the right of all individuals to live their best lives free of violence and fear. Whereas domestic violence is a serious preventable public health concern involving willful intimidation, physical assault, battery, sexual assault, emotional and financial abuse, and other abusive behaviors. According to the Centers for Disease Control, one in four women and one in seven men report experiencing severe violence by an intimate partner in their lifetimes. Whereas anyone can be a victim of intimate partner violence, regardless of gender, age, race, social and economic status, or relationship choices, we believe that everyone deserves a life free of violence regardless of gender identification, ethnicity, age, religion or social status. Whereas we recognize that crime of domestic violence has consequences of victims, families and society and can lead to long-term health problems, missed days of work and loss of employment, psychological distress, family instability and homelessness, and increased risk of future violence. Whereas in 2015, Durham Crisis Response Center provided emergency shelter to 155 women and children, fleeing domestic violence, but directed 135 to other shelters for lack of space. DCRC also answered over 2,100 calls on a 24-hour English and Spanish crisis line. In addition to providing crisis intervention, counseling, court advocacy and other services to over 1,500 victim survivors with more than 14,000 volunteer hours supporting our mission. Whereas we must increase awareness and action to affect change and in violence with education about and promotion of healthy, respectful, nonviolent relationships, changing gender and violence, social norms and mobilizing our communities, including men and boys in our faith institutions, we are strongly committed to empowering victims through collaboration among organizations and systems that confront this crisis. Whereas local government health professionals, law enforcement communities, educators and civic organizations to work together to speak out about domestic violence especially for our children, so that they all may live free of violence. Therefore, we need to build the all mayor of the city of Durham, North Carolina. Do you hear Barbara Cling, October 2016, as domestic violence awareness month, in Durham and hereby urge our citizens to observe this month by increasing awareness of domestic violence, taking action to change the culture and working together to end the violence. What is my hand in the court facility of Durham, this is the third day of October 2016. I'm going to present this to the chairman and he can introduce others as a part of this. Good evening. My name is Eric Moore, and I'm appearing before you as the chair of the Board of Directors for the Durham Crisis Response Center. And I'm wearing this nice purple tie because purple is the color for domestic violence awareness month. On behalf of our entire organization, we thank the mayor and city council of this great city for your continued support of DCRC and the work that we do to provide shelter and support and advocacy for victims of domestic violence throughout the year. As we move through this month, we purpose to continue to provide hope to those who are affected by domestic violence in our community as well as to shine a light to educate others on this very dark issue. To that end, there are several events in our community throughout this month. Our next event will be a candlelight vigil held at our thrift store, Pennies for Change, on Thursday, October 6th, from 6 to 7 p.m. to remember victims of domestic violence, including Ms. Erica Downey, 25 year old member of our community who was allegedly shot and killed by her boyfriend last month. There are other events that you can attend. Please visit our website at DurhamCrisisResponse.org and don't forget to wear purple to take a stand against domestic violence this month. Thank you. The proclamation is more than just receiving this proclamation. It is a declaration by our city council of your support and intolerance for violence and abuse of individuals in our community. So we want to say to you, we thank you. We thank our community for your support and we're here to provide the service that you need at any time. Thank you very much. Okay, so our chief would join us please, Dan Curia. We have two proclamations. First speaks to smoke alarm awareness day, proclamation. Whereas the month of October has been designated by the United States Congress as National Disability Employment Awareness, I'm sorry, whereas three out of five home fire deaths result from fires and protection properties without working smoke alarms. That's what you get when you don't put down the right paper. Whereas more than one third, 37% of home fire deaths result from fires in which no smoke alarms are present. Whereas the widespread use of home smoke alarms is considered to be a main reason for the decline in home fire deaths. Whereas the two most common types of smoke alarms are ionization and photoelectric, whereas ionization alarms provide faster notification of flaming fires and photoelectric alarms, provide faster alerts to smoldering fires and whereas the US Fire Administration develops and delivers fire prevention and safety education programs in partnership with other federal agencies for fire and emergency response communities, the media and safety interest groups, whereas firefighters are trying to get out the message that every home be at a house, condor, or apartment needs to have a smoke alarm that works. Whereas whatever type of smoke alarm you choose, make sure they bear the mark of a recognized testing laboratory. And now therefore, I, William Bill Bell, Mayor of the City of Durham, North Carolina, do help here by proclaiming October the 9th, 2016, a smoke alarm awareness day in Durham and here by our services to protect the homes and families by heeding the important safety messages of Fire Prevention Week 2016. And to support the many public safety activities and efforts of the City of Durham Fire and Emergency Services and to take special note of this observance and which is my hand, Corporate City of Durham, North Carolina, this is the third day of October, 2016. And before I prevent that and present this to the Chief, I'm going to also read the next proclamation. They're all somehow related. This is a proclamation related to Fire Prevention Week. And it speaks to the fact that the City of Durham is committed to ensuring the safety and security of all those visiting, living in our state, whereas fires are serious public safety concern, both locally and nationally, and homes are the locations where people are at greatest risk from fire, whereas roughly 3,000 people die as a result of home fires and burns. And more than 200,000 individuals are seen in the nation's emergency rooms for burn injuries. And whereas thermal burns outnumbered skulls nearly two to one before children ages five and under, skulls outnumbered burns roughly two to one. And whereas cooking is the leading cause of home fires and home fire injuries, while heating equipment and smoking are the leading causes of home fire deaths, whereas Durham City's first responders are dedicated to reducing the occurrence of home fires and home fire injuries, the prevention and protection education, whereas our residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes, whereas the residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire, whereas the 2016 fire prevention week thing, smoke alarms, the sound you can live with effectively serves to remind us all of the simple actions we can take to stay safer from fire during fire prevention week and year round and therefore we will be able to have the City of Durham do have hereby proclaim October 9th through October 15th, 2016 as fire prevention week. And it was my hand, Corporate City of Durham, North Carolina's 3rd of October. I'm going to present both of these to our Chief for any comments that he may have. On behalf of the Durham Fire Department, we're happy to accept these. October is recognized nationally as fire prevention month. And while we urge everybody to check smoke detectors every month, we also want to make sure everybody changes batteries and smoke detectors two times a year when you move your clocks back and forward. If you can't provide the batteries, the Durham Fire Department will do that for you. If you cannot check your smoke detectors, the Durham Fire Department will do that for you. And if you don't have a working smoke detector, the Durham Fire Department will provide that for you and install it. It's all about safety. And we appreciate everybody's efforts. I'd like to ask Senator Mike Woodard, President of the Durham Arts Council Board, and Katie Munger, the Pete Montlariat, if they would join me, please. Mike's coming home. I know he, but thank you. Where as the arts and humanities enhance and enrich the lives of all Americans, where as arts and humanities affect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity and community livability, where cities and states through their local and state art 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 during National Arts and Humanities Month for several years, whereas the United States Council as a mayor 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 again coordinate this year a national awareness campaign of activities for National Arts and Humanities Months, whereas the nation's 95,000 nonprofit arts organizations, the National Endowment for the Arts, National Endowment for the Humanities, the nation's 5,000 local art agencies, the Arts and Humanities Council with 50 states and six U.S. jurisdictions, and the President of the United States have participated again this year in this national celebration. And now therefore I, William V. Belleville, Mayor of the City of Durham, North Carolina, do hear my proclaim October 2016 as National Arts and Humanities Months in Durham and hear my urge all citizens to take special note of this observance, to witness my hand, to call up the City of Durham this the third day of October 2016. And I'd like to present just as Senator Woodard for Commerce Jumea. Thank you Mayor and ladies and gentlemen of the City Council. It is good to be home in this wonderful chamber. Thank you for this proclamation recognizing Arts and Humanities Month. The Mayor outlined much of the good information about that. I'd also like to thank the City of Durham for your ongoing and critical support of CenterFest. CenterFest always occurs just a couple of weeks before we begin Arts and Humanities Month and we could not pull off CenterFest without the support of the City in various departments. So I want to make sure tonight while I was here to thank you all for that support as well, especially for our Solid Waste Department, our Transportation Department, and of course the Police Department. We could not pull off CenterFest. We had another record CenterFest again this year. Our attendance was 33,700 people who came into downtown Durham. That was a couple hundred less than last year's record attendance, but I think most pollsters would call that within the margin of error. We did have 147 artists exhibiting their work this year. That was a new record and we had 74 performing artists this year, also a new record. So it was the biggest CenterFest that we've ever had. For eight years now, the Durham Arts Council has been one of the primary sponsors of the Piedmont Laureate program. And we always like to take this opportunity each year to introduce the Piedmont Laureate for the year. Many of you will know this year's Piedmont Laureate because she's Durham resident and been very active in the Durham community. Katie Munger is the 2016 Piedmont Laureate and has written 15 mystery novels since 1990 using two different pseudonyms and of course her own name. And her mystery novel spanned the gamut of crime fiction. The dead detective series has been described as thoughtful with comic overtures featuring multi-layered books that take a deeper look at both life and death than most commercial mysteries. Her Casey Jones series is a humorous, semi-hard-boiled series set right here in the triangle area featuring a female unlicensed private investigator and numerous recurring sidekicks. And the Hubbard and Lill series takes place in New York City and has been characterized as a cozy with attitude approach. Katie was born in Raleigh and graduated from Broughton High School. She earned her BA with honors in creative writing from UNC Chapel Hill where she studied studied under great writers including Daphne Aftis, Max Steele, Mary Ann Ginger and Bill Hardy among others. As I mentioned, Katie now lives in Durham and when she's not writing her mystery novels as the director of External Relations and Communications for the Duke University Talent Identification Program. The Arts Council is pleased to be a primary sponsor of the Piedmont Laureate Program along with the Durham County Library and a number of other local arts organizations. Margaret Mott, the Arts Council's director of artist services presenting the council with a copy of one of Katie's books. With that, I'd like to present the 2016 Piedmont Laureate Katie Munger. Thank you, Mike. Mayor Bell, esteemed members of the City Council, I am delighted to be here today. I'm especially delighted, Cora, to be here with you on the occasion of your 35th birthday. It's my honor. I'd like to personally thank you for your support of the Arts in Durham, for your support of the wonderful arts facilities we have here and of course for the Piedmont Laureate Program. I am a writer, but for the past nine months in my capacity as Piedmont Laureate, I have been conducting workshops with writers across this area. And over this time, I've talked to literally hundreds of writers in and around Durham. And they've ranged in age from six years old, they were pretty awesome, all the way up to 88. And I found that as the months went by, to my surprise, that no matter what age they were, they all shared a common reason for why they wanted to write. And it was so simple. They wanted to be heard. They had something to say. They saw the world in a certain way. There were things they saw that inspired them or worried them or saddened them or made them happy. And they wanted to put that down and have other people hear it and listen to their world view. And when I came to realize that, that not only helped bring me back to why I wrote in the first place and brought me back to my voice as a writer again, it brought me face to face with one of the reasons why I love living in Durham so much. Because this is a community that makes room for lots of different voices to be heard. This is a community that while it cannot always agree on everything said, it always can and does and strives to respect what everyone says. And I'm very grateful for that. And I hope that going forward as we grow, we will keep that in mind and always be the community that listens to what others have to say. And if we do that, if nothing else, we will be way ahead of the curve, I think. So thank you again for your support and for letting me be here today tonight. Taking the privilege of the mayor. I got to sign my novel. Last but not least, we have a proclamation recognizing in Hunger Week and is Brett Spencer. Are you bringing anyone else? Yes. Oh, whole team. Okay. As many of you know, Spencer is the executive director for Durham Congressions Action and he's bringing part of his team up along with him. This proclamation recognizes in Hunger Week and the reason where as the United Nations declared October the 16th World Food Day, an honor of the founding of food and agriculture organizations, where as the Durham Crop Hunger Walk, Durham Congressions and actions in hunger, Durham, the Mayor's Committee for Persons with Disabilities, the Triangle Nonprofit and Volunteer Leadership Center, the Durham Lions Club and Durham Carers created the End Hunger Games and whereas the End Hunger Game are a week of activities leading up to a World Food Day Community Celebration on Sunday, October 16th, whereas the End Hunger Games raises awareness about hunger issues and provide opportunities to advocate for hunger relieving legislation, whereas the End Hunger Games gives people the chance to experience the challenges of people living on supplemental nutrition assistance program known by Dermatoconamma SNAP, allocations to the SNAP Challenge, whereas the End Hunger Games will include a food drive to benefit the Durham Public School food patries, whereas the End Hunger Games will provide opportunities for Durham citizens to volunteer at a number of hunger fighting agencies, whereas the End Hunger Games will provide World Food Day celebration, will provide Durham residents live entertainment, a keynote speaker in games and local non-profit hunger fighting agencies, the opportunity to educate people about their agencies and whereas all money raised during the End Hunger Games and the World Food Day Celebration will all go to fighting hunger. Now, therefore, I, William V. Bill Bell, Mayor of the City of Durham, North Carolina, do have our proclaiming October 9th through October 16th, 2016 as End Hunger Week in the City of Durham and hereby urge all citizens to take special note of this observance and witness my hand and call up the City of Durham this is the third day of October, 2016. I'm going to present this to Spencer for the first time. Thank you, Mayor. On behalf of the Ending Hunger World Food Day team and the Durham Crop Vault Committee, I'm happy to accept this and appreciate the City's support of our endeavors to relieve hunger in Durham, in a city where UNC Chapel Hill estimates we have 45,000 food insecure residents each year. The work of our civic and religious bodies with our non-profit partners to relieve hunger is crucial to the well-being of our neighbors at risk. We are glad that the last, in recent years, the Crop Vault has raised thousands of dollars for global hunger relief and almost $40,000 a year the last couple of years for local hunger relief, which we distribute to 10 to 12 different local organizations. And so on behalf of our organizing team, we hope to see you there on World Food Day at the at Durham Central Park at the Farmers Market Pavilion. We invite each of you to take part in the SNAP Challenge as some of us have already begun and some of us will be doing in the coming weeks for five days to eat no more than $4.20 worth of food per day, and to live on a $4.20 a day food budget, which is the North Carolina SNAP benefit allocation. And we will invite you to join with us on that and to contribute the funds that you would have spent on food during those five days to the Durham Crop Walk and help us get even more to our community this year. And if you cheat, as some of us do at times on that, we invite you to just bump up your contribution that much more. So we'll be giving you some SNAP Challenge information as we leave and appreciate your partnership with this and your help with promoting it to our community neighbors. Thank you. I know that some of you may think this is a large number of proclamations to the issue, but there are so many worthy things that have been done by so many good people and organizations and people who bring on into this city. This thing is appropriate that we recognize them when we have an opportunity to do so. As you leave the chamber, many of you probably know that today as the date has been declared a national holiday by Mayor Prodem because this is her birthday and she's still working. But let me let me finish with my comments first. So this is your what, 23rd birthday? 35th birthday? What y'all wanted to be, right? I'm going to ask Eddie Davis to lead us in singing happy birthday to our Mayor Prodem. Happy birthday to you. Happy birthday to you. Happy birthday, Mayor Procoran. Happy birthday. Oh, yeah, you got quite a voice. I appreciate that. OK, do we have any announcements if I remember the council? I have one. Recognize. Let me recognize Councilman Johnson and then the Mayor Prodem. Thank you, Mr. Mayor. I just wanted to remind everyone in the community that the last day to register to vote in North Carolina is October 14th, which is less than two weeks away. So just wanted to make sure that everyone knows that if you want to get registered to vote for this upcoming election, October 14th is the deadline. I want to encourage everybody to get out and vote this year. Thanks. Thank you. Recognize the Mayor Prodem. Good evening, everyone. This is indeed a joyous day in the city of Durham for me. It is rare for me to do anything like work on my birthday. But because of my love for the city of Durham, I decided to give you exactly one hour tonight. And I would like to thank all of my Facebook friends because it would take forever to respond to everybody for your greetings and well wishes. And God has really blessed me in a mighty, mighty, mighty way so that I can bless others as well. I'd like to thank UMD, Urban Ministries, for my flowers that was really kind of you to sacrifice all your money to buy those beautiful flowers for me. And I just thank Durham for being the motor and shaper of my life. It has been quite a journey for me working for my hometown. God bless each of you. Any other announcements? If not, we're recognized City Manager for any prior items. Thank you, Mr. Mayor. Good evening, everyone. Priority items this evening pertain to items 21 and 22. Listed on tonight's agenda regarding the Bethpage Village 4 project, we will be recommending that these items be combined for purposes of presentation and public hearing, meaning that we'll only have one public hearing for both items, but ultimately we'll need separate motions will be required as they are presented to close the public hearing. So we're proper to move them. Second, Madam Clerk, will you open the vote? Close the vote. It passes seven to zero. Thank you. Recognize the city attorney? No items, Mayor. Likewise, City Clerk? No items, Mr. Mayor. In that case, we'll move with the agenda as presented. The first item being the consent agenda. And again, I have items removed either by the council or the public. We will discuss that later in the agenda. And I read the heading of each one of the consent agenda items. Item one is approval of City Council Minutes. Item two is the Durham Bicycle and Pedestrian Advisory Commission Appointment. Item three is the Passionate Vehicle for a Higher Commission Appointment. Item five is the Durham Housing Authority Board of Commissioners Reappointment. Item six is the Street and Infrastructure Acceptances. Item seven is the 2016 Peer Cities for Benchmarking. Item eight is the Purchase Authorization, buses for Go-Durham. Item nine is FY 2018-2027, Transportation Improvement Program Development. Item 10 is Barbie Road, Herndon Road, Massey Chapel Road, Roundabout Construction Agreement. Item 11 is Williams Water Treatment Plant Generator and High Service Pump Upgrade Construction Award to Crowder Construction Company. Item 12 is Ordnance to Correct Fee Schedule for FY 2016-2017, Water and Sewer Capital Facilities. Item 13 is 2016 Unscheduled Pipeline Repairs Contracts, Award of Construction Contracts to J.F. Wilkinson, Contracting Company, Inc. and Carolina Civil Works Inc. Item 14 is V-2-H Cemetery Improvements Project Contract with DW Ward Construction Company. Inc. Item 15 is Police Headquarters Complex Special Inspections and Construction Material Testing Contract with Falcon Engineering Inc. Item 16 is the Ordnance to Revise the Method of Setting the Minimum Lovable Wage. Items 20 through 24 items that can be found on the General Business Agenda as public hearings, entertain the motion for the approval consent agenda. So moved. Second. It's been properly moved and second, Madam Clerk, we open the vote. Will you close the vote? It passes seven as you move. We'll move to the General Business Agenda public hearings. First one being item 20, Conference of Planned Amendment, Patriot Business Park. Good evening to the Council. I'm Laura Woods. Prior to presenting items tonight, I can affirm that all legal notice requirements have been executed in accordance with state statute and local requirements. Local regulations for the planning department, public hearing items, and affidavits to that effect are on file in the planning department. First case is Patriot Business Park, A-16-00-008. The applicant, Michael J. Cain, PE, requests an amendment to the boundary of the RTP North Compact Neighborhood. Mr. Cain requests that 55.88 acres of a 101.57 acre site located at 4050 Patriot Drive in southeast Durham be transferred from the Compact Neighborhood Tier to the Suburban Tier, which would be consistent with the remainder of the site. The site is zoned for industrial uses. Existing industrial uses lie to the north and west of the site. Land directly south and east of the site are vacant and to the east is a wetland, excuse me, a floodplain of considerable extent. According to criteria established by the 2013 Industrial Land Study, which was conducted by the Durham Planning Department, the site can be considered prime industrial land. The applicant's justification is included in your report as attachment three. Staff recommends approval based on conditions, warranting, an amendment to the future land use map and the proposed land use pattern meeting the four criteria for plan amendments. Planning Commission considered this case at their meeting in August 10th, 2016, and voted to recommend approval by a vote of 11 to one. That concludes my report. Thank you, you've heard the staff report. This is a public hearing and public hearing is open. I would ask the first other questions, comments by members of the council, recognize Councilman Schuyl. Thanks, Mr. Mayor. Laura, I have one question. That is, this compact neighborhood is supposed to be built around a eventual commuter rail station. And so I'm wondering what you can say about the situation with that station and I know that this would be far in the future, but what are the department's thoughts about why we're willing to basically make a big change relatively in this compact neighborhood tier given the fact that we're looking forward eventually to a commuter line there? Two reasons. The compact neighborhood was designated, I believe, in 2005 under the presumption that a transit stop for the regional train system would be located at a specific location. That's no longer certain. It's no longer certain that a station anywhere close to that location will in fact happen. The second consideration is that the 2013 Industrial Land Study revealed that although we have a great deal of land that is designated for future industrial use, the amount of prime industrial land that is eminently marketable for industrial uses is in fact quite limited. And this site meets the criteria of that report. I'm not sure I can rattle them all off the top of my head, but access and proximity to major roadways, lack of environmental constraints, not adjacent to existing residential neighborhoods. I'm sorry, there are a couple more. Yeah, thank you. I appreciate that. And you noted that also in the Beth page, the discussion of the land designated industrial that there was a considerable amount of the 15,000 acres that wasn't really suitable for industrial development. So in the future, I'd love to sort of understand that a little bit better. Kind of what the, not here for these items, but at some point I'd love to know kind of one of the 15,000 industrial acres, how many really are available to us. Right, and the Industrial Land Study is available on the planning website. It was approved by council in 2013, I believe prior to your election to the council. Yeah, I think I was here, but I don't remember a lot of things. Interestingly enough, later on, we'll be touching on the subject of that report again when we consider the evaluation and assessment report. Yeah, thank you very much. Recognize Councilman Rees. Thank you, thank you, Mr. Mayor. So in 2005, when this compact neighborhood was created, was there a more specific plan that would have cited a commuter rail station within the compact neighborhood? The location was tentative, but staff and many others considered it more of a solid commitment than in fact existed. Great deals changed since that time in terms of funding and the state legislature has changed and it's simply no longer, simply no longer certain in any fashion that a station will be located at the location we thought it would. I guess I wanna piggyback some of the concerns that a couple of the commissioners raised, only one of whom thought it important enough to vote against, but it was raised by a couple of commissioners the concern that our action tonight would effectively render the compact neighborhood much, well obviously it would be much smaller if we approve the application tonight, is that correct? Yes. And this sort of piecemeal approach to considering these kinds of requests within compact neighborhoods may not be entirely consistent with a more comprehensive approach to understanding what we're trying to do in these areas. So I just wanted to make sure that I surfaced ahead of the room that I share those concerns. This seems, it seems like if we had decided at some point that there was not gonna be a rail station built or that as you put it, it was much more speculative than it had been when it was created in 2005. I would like to have seen us either the city on its own, the planning department on its own motion come before us and say, you know, this isn't gonna work. Let's figure out a better use for this property as opposed to having an applicant come and having to kind of pick over the compact neighborhood and then put the city council in a position not of saying, well we definitely want our community rail station here because we know authority to do that but to say, you know, this district or this tier was created by us at a time when we thought there was gonna be one use. Now, apparently the consensus within the planning department is there's a different use that's gonna be this land is put to and this applicant has come along and come up with something we think is fine. So I don't think all that adds up to any question for you necessarily so I appreciate your patience, thank you. Well I do have an indendum to my comments and it didn't occur to me when I was originally speaking but I'm not sure I emphasized the fact that the applicant is in the unusual position of having a very large property that is designated for industrial uses that is in fact, transacted by the compact neighborhood so that a part of the property is in a compact neighborhood and a part is in the suburban tier so that does create potential difficulties. I appreciate that clarification, thank you. Since the mention has been made about light rail I assume that there was some conversation with members of Go Triangle about this change. We have not discussed this with Go Triangle. In a particular reason, why not? They were notified as one of the neighborhood organizations. They had no comments. Okay. This is a public hearing. Let me ask the persons in the audience that want to speak on this item either for or against. Coming forward if you could state your name and address and initially three minutes on the side, please. Evening, mayors. Council members, my name is Michael Cain. I'm a capital civil engineering, 1011 Cumbergum Hill Road in Apex. I represent the developer as the civil engineer on this project. Thank you, Laura. I think you did a good job in representing our case here and really what we're after is one set of rules to develop this property. As Laura mentioned, there's a line through the middle. Half of the property has a CNT or overlay. Half has a suburban overlay. We want to have one cohesive set of rules for this prime industrial land so that businesses that come here all have a cohesive look for the development. The reason we pick suburban over compact neighborhood is we felt the rules more adequately fit the type of development that the industrial uses need. One of which is the proximity of the building to the roadway. CNT here, buildings have to be a maximum of 15 feet from the roadway. So they're all pushed up to the road. There's no opportunity to park between the building and the roadway. These are large-scale buildings, you know, 150,000 square feet. So that mass of the building up against the roadway, it's much better look, be able to provide 20-foot of grass and have a safe drive aisle with parking on each side and then 10, 15 feet to the building. Also with these type of buildings, the office use is usually in the front, in the back, it's often loading docks, the warehouse site. So you want the employees and customers, public whatnot, to be able to easily access those front doors. If you push your large building right up to the roadway, you know, then parking on the sideway or the back, you have to come around or configure differently. The second reason that we prefer the suburban is parking. The compact neighborhood has a maximum parking. They both have a minimum and maximum but the compact neighborhood is 80 to 100% of what the code allows. The suburban tier is 100 to 175% of what the code allows. Which when you do the math, that suburban tier calculation falls more in line with what the brokers say, makes these type of land marketable. One third point, there's a building code that for a building of this size, you need to be 60 feet from the roadway or you get into a lot of additional costs and fire rating the walls. So in our traditional industrial use layout where we'd have 20 foot of grass, 60 feet of parking, drive-out parking, and then 10 to 15 feet to the building, you're looking at about 90 feet or so between the roadway and the building. Any questions? Think not, appreciate your comments. Thank you. All the elders that would like to speak on this item. If not, let the director reflect and no one else asks to speak. I would encourage them to close matters back before the council. The director asks councilman Schuhl. Thank you, Mr. Mayor. I'm voting in favor of this, but I do want to just mention the planning department that I do think this is something we need to kind of clean up, that we have this compact neighborhood tier now that we're cutting into and Charlie raised this point and I think it's a good one and I think it's something we need to take care of in the future. Thank you, Mr. Mayor. No further comments? Madam Clerk, will you open the vote? Open the vote? I thought I heard the most. I didn't hear much. All right. Move the vote. Okay. Second. It's been a proper movement. Second Madam Clerk, will you open the vote? Close the vote. It passes seven, it's zero. Mike, we moved to item 21 and 22 for the city managers, for our items. Good evening. I'm Kyle Taylor with the planning department. Case, zoning case Z160008 and plan amendment case A160004, Bethpage Village revisions four is a zoning map change and comprehensive plan request for approximately 7.87 acre section of the previously approved Bethpage Village rezoning and comprehensive plan. This project is located at the southwest quadrant of the intersection of Page Road and Chin Page Road. The section of this project being rezoned with this request is our currently zoned industrial with a development plan and designated as industrial on the future land use map. Develop a proposal to change the zoning of these sections to plan development residential, density 4.733 and change the future land use map of these sections to low density and low medium density residential. Developer does not propose to increase the maximum number of units with this request. Additionally, developer proposes to add cement deciding to the list of approved building wall materials for multifamily buildings, revised textbook regarding site access to to address NCDOT not allowing full access for a drive for this access site and adding multifamily designations to pod F, L, O and Q as shown in the development plan. All other portions of the original applications that are not expressly modified remain unchanged. Staff determines that the proposal meets the requirements of the unified development ordinances and comprehensive plan. Thank you. Let me ask other questions on this presentation by the staff of the council. Other persons in the audience that want to speak on this item, I have the applicant signed up Scott Lay. Is there anyone else who wants to speak on this item? Not yet, three minutes. So just here to answer any questions, I'll give you just a couple of minute update on Beth Page. We bought the property, I'm sorry, Scott Lay 1328 Plunkett Drive in Wake Forest. You know about this property back eight years ago, economy is helping like it's helping everyone right now that we're able to finally put it into production. And we're opening our clubhouse early, significantly earlier than what was concentrated in the original development plan. So with a little help from engineering, we're gonna open in three weeks, but need a little help from engineering downstairs here. So thrill, we had over 2,000 RSVPs to come to the grand opening on October 22nd. So we'd love you guys to come out then or any other time to take a drive through the neighborhood. It's really turning out well. Another significant thing I'd mention is, we were proffered to do several offsite road improvements in the area. We did one at TW Alexander's completed. We added a second storage lane for the left turn by the FedEx facility there. Seems to be helping traffic a lot. We are in the process of you guys travel that road for those that you do. We still have Globe Road torn up significantly, but we're trying to improve that area too with turn lanes and making it a T intersection versus Q. And the largest one is Airport Road. We just got it opened up. And I think traffic there is, I've heard a lot of thank yous lately for commuters in that area. So I'm just here to answer any questions you guys may have and thanks for your support. I ask Councilor Schuhl and Councilor Moffitt. Mr. Lai, thank you. I wonder, just interested in what is the price range you think it'll be for these houses here in this phase? You know, we hope, I have one thing as a developer, for as much as we can sell them for. So, you know, 250, low 200s, something like that. So the, I was just interested, especially because of the number of people you had come for your open house. And so people are really looking for homes in that price range. They really are, really are. And what we've been able to do in the development is offer a wide variety. We are offering six different product lines, as we call, all the way from a 1,500, 1,600 square foot home up to something much larger. And the demand seems to be for something just a little smaller. Thank you. Can I ask Councilor Moffitt? Yes, if there are any more questions, I'll go ahead and offer motions. Is that okay? Let me close the public hearing on this. If there are any other questions. I'll let Director Foucault, there were no more requests to speak on this item. Public hearing is closed. Matter of fact, will the Council recognize Councilor Moffitt? Thank you, Mr. Mayor. First move that we approve the requested plan amendment. It's been properly moved in second. Is there a discussion on this item? If not, Madam Clerk, will you open the vote? Close the vote. It passed a seven, is it? Mr. Mayor, I'll now move that we approve the requested new use zone and rezoning. It's been properly moved in second. Are there questions on that motion? Here and on, Madam Clerk, will you open the vote? It passed a seven, is it right? And finally, Mr. Mayor, I'll move that we approve the consistency statement. It's been properly moved in second. Madam Clerk, will you open the vote? Close the vote. It passed a seven, is it right? Recognize. Mr. Mayor, I'll move that we grant the Mayor Pro Tem and excused absence for the rest of the meeting. Madam Clerk, will you open the vote? I think you gotta know over here, but we'll see how it goes. It passes. Seven to zero. Okay, moved item 23. Zoning map changed, 32, 23, North Carolina Highway 55. Good evening again, Kyle Taylor, the planning department's case Z-15-00017-3233, North Carolina Highway 55. This is zoning map change request for 2.35 acres of land located at the intersection of Highway 55 and East Cornwallis Road. The subject site is presently zoned commercial neighborhood with a development plan. The applicant request is a zoning designation of commercial general with a development plan. The development plan associated with this request graphically commits to the following, general location of the site access point, tree coverage areas, the building and parking envelope, size and location of project boundary buffers. And at the May 10th, 2016 Planning Commission meeting the developer presented Elevation and Error Rendings per UDO, section 3.5.6.E. These renderings are now considered committed. These renderings can be found attached to the staff report that you guys have received. Texting commitments require that the only use will be self-storage. Cornwallis Road be widened. An additional four feet of asphalt in addition to roadway improvements be added to Cornwallis Road for a bike lane. And the Cornwallis Road entrance be shifted to align with the existing northern driveway on the west side of the roadway. Planning Commission recommended approval by a vote of 12 to zero on July 12th, 2016. Staff determines that this request is consistent with the comprehensive plan and other adopted plans and policies. Thank you. This is a public hearing. Public hearing is open. You've heard the staff report. Are there questions, comments by members of the council? Is the developer here for this project? Could you come if you don't mind? Is there anyone else who wants to speak on this item? All right. Recognize, this is Councilor Schuel first. I'm sorry, Mr. Fair. Thank you. The trails master plan shows a greenway along the railroad wider way adjacent to this property but not on it, I believe. And I just wondered if this action would impinge in any way on that right of way. So that is actually located within the railroad right of way adjacent to this property and is not effective of this property. Thank you. And then what does it mean to be a committed rendering? I wasn't familiar with a committed rendering. Steve Medlin with the Planning Department, a committed rendering is simply a committed element that they must design the building the way that rendering actually shows it. Okay, and I mean, so that means sort of, how like that doesn't have to look? Exactly. They don't have to have the cars out there. They're on the rendering. No, not the cars, but the buildings. Okay, yes. And yeah, I mean, I wasn't familiar with that. Okay, now there was some Planning Commission concern that there would be a commitment added that makes the text commitment regarding the building consistent with the proper illustration. And I wondered, had there been any modification of that text? So as you're aware, we have architects on staff. Our architects have reviewed the suggested language from the applicant against the rendering and have determined that what is actually shown on your development plan is consistent. Thank you very much. Thank you, Mr. Mayor. I was just curious in terms of the time for development. You've got a gas station and all that stuff on that property now, what are your development plans at the time? If you want my share. Well, first of all, I'm Ben Burkhard. I'm a representative of the owner developer, Stallings Oil. What we have here is sort of an old, tired gas station. We're trying to reposition the property. And I would say, you know, pending approval tonight, we will be moving as quickly forward with a develop, you know, with a site plan submittal as possible. So, you know, it's really a function of what that administrative process looks like for site plan approval. So I would say, you know, maybe spring. We would hope we could break ground by spring. Maybe even soon. Exit is on Cornwallis Road or is it on 55? I mean, I wasn't clear about the driveway exit. What is the interest in terms of Cornwallis, or is it off of 55? It's, I believe it's right in, right out on both. Right in, right out. I know it's got to be right. Is that correct, Tim? It's right in, right out on both. Well, you can only turn right on if you weren't going on to 55. But I was wondering about on Cornwallis side. Sorry. Bill Judge, with transportation, there's an existing right in, right out to NC 55. And then there'll be, there's a currently existing access to Cornwallis Road, which will be shifted a little bit, but it will be full access. And then there's committed elements to provide a left turn lane at that Cornwallis access. Or we could do anything with the signal light on this piece. Yeah, there'd be no real changes to the existing signal other than to move the driveway away from it on Cornwallis to try to improve that spacing. Okay, what else will come before us before it starts this site plan? Not at all, this is it right here we're seeing, right? Okay, okay, thank you. Does anyone else want to comment on this item? I've not let the record reflect on the one else has to comment on public hearings closed matters back before the council. It's been a proper move in second. Madam Clerk, will you open the vote? Close the vote. Passes seven, zero. I'm sorry, six to zero. I'm sorry, unmoved, we approve the consistency statement. The property moved in second. Madam Clerk, will you open the vote? It passes six to zero. Item 24, 2015 Durham Conference of Plan Evaluation and Assessment Report. Good evening again, Laura Woods, the Planning Department, and this is the Annual Evaluation and Assessment Report. Excuse me, would you like me to speak into the mic? Was that what you were vigorously nodding about? Yes, this report was previously presented to the Durham Planning Commission on June 14th. The commission voted to recommend approval 12 to nothing. It was presented to the Durham County Board of Commissioners on September 26th. The board voted to approve with the exception of a recommended change to policy 7.1.5D Green Workplace Program, more on that in due time. The purpose of the EER is to rectify differences between city and county future land use maps, report on progress of plan implementation, propose changes to policy language, provide technical updates to the future land use map and forecast trends and issues. Nine plan amendments were approved in 2015 by the city council, and one plan amendment was approved by Durham County. That case was a text revision to the comprehensive plan that affected Research Triangle Park. That is shown in Attachment 4 of your report. In terms of acreage gains and losses, the highest increase was medium density residential, approximately 30 acres. The largest decrease was office designations at approximately 60 acres. That's somewhat misleading. I should point out that a great deal of office can and probably will be accommodated within the various design districts, including downtown. And I think in future when we do the EER, we may need to factor that in to give you a more realistic feel for how much land is designated for these uses. In terms of technical updates to the future land use map, we only have one. It's an oddity of our future land use map that a great many public parks owned and maintained by both the city of Durham and Durham County are not designated on future land use map as recreation open space when in fact they are recreation open space. We recommend changing those to indicate that they are recreation open space that will be a sizable improvement on our numbers for the amount of recreation open space designated. In terms of policy status and language update, all city and county departments were surveyed regarding policies that affected their departments. Actions and accomplishments related to those policies are included in attachment. Five of your report proposed changes to policy language are shown in table five of your report. In terms of accomplishments, you'll forgive me if I focus on planning. We initiated a stationary strategic infrastructure plan to identify projects to promote access and investment near transit stations. Working in concert with that, we completed the compact neighborhood future land use map update along the Durham Orange Light Rail corridor. And we have also just recently completed the East End Connector Land Use Study, which I believe is going to Board of Commissioners next week you've already considered it. In terms of substantive text changes, most of the changes are rather small scale alterations of language. This is something I alluded to earlier, the industrial land study. As I stated, that has already been completed, but rather than remove this policy, planning recommends that we alter it as shown in red to require the planning department staff to periodically revisit the report to keep it evergreen. We find as with some of the cases tonight that it has been a very useful tool in evaluating plan amendments and zoning map change requests. Now, about that policy that the Board of Commissioners declined to approve, that was the policy 7.1.5D and the Sustainability Office requested a considerable reworking of language. I shan't bore you to sobs by reading all of that text, but as you see, as I indicated in red, there were quite a few changes here. The overall consensus of the Board of Commissioners was that this language probably weakened the policy. They also directed staff in future with a change of this extent, particularly on something touching on the environment, should first be vetted with the Environmental Affairs Board and we concur. That concludes my presentation. Thank you. Let me ask other questions by members of the council. Recognize Councilman Moffitt. Yes, I'm sorry, I need you to clarify that for me. Did you just say that included in the technical changes was a section on environmental issues that weakens? The policy that I, I can pull it back up if you'd like, but the policy touching on green workplaces, the Sustainability Office requested a considerable reworking of the text of that policy, and the Board of Commissioners, their consensus was that the language was less specific and probably weakened the policy. Therefore, they declined to approve it. And what's before us is what the Board of County Commissioners approved or what was submitted to the Board of Commissioners? What is for you is what was presented to the County Commission and it is within your purview to agree with the Board and decline to approve that policy change, which would in fact be the staff recommendation. Great, thank you. Are there other questions, comments? We're gonna ask Councilman Schuhl. Thank you, Mr. Mayor. Let's see, in terms of the energy, there's a section on energy trends, and I really, by the way, enjoyed reading the report in terms of what you all thought the big picture trends were, and it was a really good presentation. Are our regulations and policies that we have in the city friendly to renewable energy and green building? Are we where we wanna be with that? I have to admit it's not my area of expertise. There are better staff who are probably not present. Yeah, I can ask somebody else that question. And then Complete Streets is mentioned in the report. Do we have a Complete Streets policy, or are we just going along on a, is it sort of, you know, sort of? Perhaps I can call on the expertise of the Judge for that. Great. Bill Judge with Transportation, there's not a formal adopted document, related to Complete Streets, but our department has been incorporating Complete Streets and all of our projects for many years, as well as our requests with NCDOT, so we utilized Complete Streets concept. Yeah, okay. Thanks, I knew that we did, and I'm appreciative of it. You know, at some point, I think I'd like us to have some sort of policy, but again, that's for a future day. And then there were comments, the only comment by the Planning Commissioner were Commissioner Bryan comment about stormwater management during grading and construction, mass grading, clear cutting, that kind of thing. And I know that we're examining this now in the Planning Department, but would you say that what we're looking at would cover his concerns? I would say that the Planning Department is probably not the lead agency on those sorts of changes. Meaning it would be stormwater who? Exactly. Yeah. So, but you all are examining our mass grading ordinance for this year, is that right? Yes. And, but it wouldn't include the stormwater concerns during construction, is that what stormwater would be leading on? Correct. Okay. Thank you very much. Questions, comments? Any other public comments, questions? Let the director flood, no further public comments, I declare the public hearing to be closed as a matter of fact for the council. Is that a question of motion? I'm gonna make a motion. I'm gonna move that we approve amending the comprehensive plan through this annual assessment with the exception of policy 7.1.5D, which is the one on Green Workplace. Second. The property move in seconds for the discussion. And I'm on clerk, we open the vote. Close the vote. It passes six to zero. Thank you. Is there any further business to come before the council? Not adjourned at eight, 20 p.m. Thank you.