 Good evening. We'd like to call the Durham City Council meeting to order Monday the 14th 17. Three days of mine. I'd like to welcome all of you that are here with us this evening. If we could just take a moment for silent meditation please. Thank you. I would like to ask Councilman Davis to please. I would ask the clerk if she would call the roll please. Mayor Bill. President. Mayor Pro Tem Cole McFadden. President. Councilmember Brown. Councilmember Goodman. I'm proud to move the second item. Clerk, will you open the vote? Close the vote. It passes six to zero. Thank you. Councilmember Matati. Councilmember Davis. Councilmember Moffitt. And Councilmember Schultz. We have one item ceremonial that we're going to do but I don't see members of the team here. Is that correct? Is anyone here from Southern High School? If not, we'll move on and recognize them at the appropriate time. But we do have a proclamation for congratulating them on winning the state championship in their class of football. We will then ask for any announcements about the council. Recognize the Mayor Pro Tem and Council members. Good evening. I'd like to announce that the Human Relations Division is sponsoring a Human Rights Awards event on Friday evening. I think at six o'clock at Hay Tye Heritage Center and I mentioned that because I think I was one of the nominees for an award. So come out and pray that I get it. Right now it's Councilmember Moffitt. First one, Mr. Mayor. I did see some people come in that might have been the people you were looking for. No? Okay. I want to take just a moment. I know I speak for everybody up here in appreciating all of the public employees, city employees who worked so hard over the last few days. Some of them are obvious public works. Of course the people driving the plows, sanding the roads and they're out working along into the night. We have 45 trucks equipped with plows now I think is the number and they were working and they were out. But there are also other people. We know that the police went from car to car, all those abandoned cars to make sure that no one was trapped in one of them. And of course any of our first responders like the fire department worked hard. Solid waste worked all day Saturday to catch up on work that they couldn't do during the week. And some of them have second jobs and they were able to commit all but one person. But also there are other services, general services, you know, clear sidewalks, does other work and fleet management are the people behind the scenes. When public works is out working 24-7, fleet management is on the job 24-7. They're the guys that are making sure the people, making sure that the trucks are running continuously. So I'm sure I left off a lot of people who were working hard and for that I apologize. But I did want to make sure that we appreciate all of our hard-working employees. Thank you. Any other comments, announcements? If not, I recognize the Mayor Proctor. I think at some juncture we need to look at the policy that deals with snow and employees coming to work at some point. So Mr. Manager, if we could look at that. Thank you. You recognize the City Manager for our attendance? Thank you, Mr. Mayor. Good evening. No priority items. Likewise, City Attorney. Thank you, Mr. Mayor. For the Mayor and Council, agenda item number three, roadside solicitation. There is a small revision that we need to make and this relates to a conversation that came out of the work session related to the one-way streets and being able to solicit in a situation on a one-way street from the driver's side as opposed to going around to the passenger side on the left side of that one-way street. We are still in the process of making that adjustment so you've got a couple of options at your pleasure. You can refer item three back to the City Attorney's Office and we'll have it back for you for your work session on Thursday or you can go ahead forward with the item and then we'll have an amendment to the item for you on Thursday as well. Regardless, this item won't be in effect until 30 days after it's passed so it's not going to go into effect tonight. It'll go into effect essentially next month. I'll leave it up to the pleasure of the Council. Mr. Attorney, on that note, I had talked with Richard about the impact on residential areas. He said he could not find anything but I did and so if you could refer it back to until Thursday I would appreciate it because I'd like for Council to hear what they are doing in Springfield, Missouri in terms of protecting people who live close to streets where folk are soliciting being intimidated. I'd like to make a motion that we... Before we do that, I want to find out if there are any more comments from the Council people. Then I want to find out if there's anyone here in the public that have come out specifically for this item. If they are, I'd like them to... Then let's go ahead and hear the item with the intent of holding to Thursday but also hear the comments that the public might have since they came out here tonight. Any other comments? If not, let's recognize the City Clerk for any prior terms. No items, Mr. Mayor. If that being the case, I will read each item on the agenda. If it's a consent agenda item, if a member of the Council asked to have it removed if someone in the public would do so and speak to that item at the end of the meeting. On the City Clerk's Office, these are all consent agenda items. Item one, approval of City Council Minutes. Item two, Durham City County Appearance Commission Appointments. Item three, Durham Open Space and Trail Commission Appointment. That's the work session. Pull up the wrong agenda. Those things happen, don't they? Okay. All right, we're back on the track now. Item one, approval of City Council Minutes. On the Finance Department, item two, bid report for December 2013. On the Departmental Items, on the City Manager's Office, item three, Roadside Solicitation. On the Technology Solutions Department, item four, ESRI, Software Maintenance Service Agreement. On the Department of Transportation, item five, Ground lease agreement between CGP, GPI. Item two, bid report December 2013. Item three, Roadside Solicitation. And we'll hear that item. Item four, ESRI, Software Maintenance Service Agreement. Item five, an item that can be found on the general business agenda. Item six is bid award for Martin Luther King Junior Parkway and Archdale Drive Traffic Signal Installation and Communications Cable Installation. Item seven is agreement with North Carolina Department of Transportation for Section 5303 Metropolitan Planning Program Grant. Item eight is agreement between Civic Software and the City of Durham for the redevelopment of the Durham Chapel Hill Carver Metropolitan Planning Organization website. Item nine is North Durham Water Reclamation Facility Roof Replacement. Item 13 through 14, an item that can be found on the general business agenda's public hearings. And a pool item three, on the general business agenda. Item five, Ground lease agreement between CP, GPI, Regency, Earl and the City of Durham. I'm going to pool that item. I would ask the City Administration to speak to that. Oh, sorry. Yeah, I was going to move the consent agenda. Three and five. Three and five is the one that pooled. Yes. And that consent agenda, less items three and five. Approval of the consent agenda item with exception of three. Madam Clerk, will you open the vote? Close the vote. It passes. Six is zero. So we're now back to the roadside solicitation. And I would recognize persons that came out to speak on that item. Do you want to speak on that item? Not just you, Ms. Peterson, young lady. Yes, ma'am. Do you want, ma'am, do you want to speak on that item? No. Well, we can get you a card about the finished speaking if you come to the podium. If you could just state your name and address, please. My name is Carolyn Schult. I'm with Open Table Ministry. Thank you. You have three minutes. I did not prepare a statement for today, but I would like to remind all of you kind people that this has been established for a year. And there are many folks that are really suffering as a result of this ordinance. We have asked and argued and prepared and studied and spent time with the HSEC Subcommittee and prepared an alternative. And you all have worked on changing, adjusting that ordinance. And I'm just really concerned about the postponing and postponing and postponing. After a year, it would seem that we'd be able to come to some sort of consensus and be able to show some mercy to those folks that depend on begging in order for their sustenance. Thank you. Welcome, Ms. Peterson. I'm Mrs. Peterson, Victoria Peterson, and I understand that there are many persons in our community that may live below the poverty level, and they use various means of raising their funds. But I have a real problem about persons standing on the corners soliciting monies. And please don't take this the wrong way, but I just have to be honest and real. One of the problems that I see for whatever reason that a lot of this is going on in the black community over by Alston Avenue, Fayetteville Street, and Roxborough Road. I would like to know why is it that we're allowing so many persons to solicit in one area? Now, I don't get to go all over Durham every day, but I do go over with Old South Square, way down Fayetteville Street. What's that new mall out there? Way out on Fayetteville Street, over by 54. I've been way out there on going towards North Roxborough. I do not see people on the side of the corners begging for money. I see a lot of these folks in the African-American community, and particularly in our business community over here by Fayetteville Street and Roxborough Road. Why is it that we have to have so many of them? Matter of fact, one Saturday, Mr. Mayor and City Council members, there were so many of them, I actually had to call the police, because it was just so many of them out there begging. It's hard enough to get folks to come into the African-American community to do business with our own people. But when you have so many people on the corners in these same communities, business districts in the African-American community, asking for help, a lot of people will bypass those communities. Those businesses are being hurt by the panhandlers. And I think before the city gets any more of those solicitation letters out, somebody needs to sit down and talk to those individuals and find out, what is your need? What is it that you really need? Do you need a job? Then I think we need to try to help them get employment. We have people now who stand out and beg for their dogs. It doesn't make any sense. Now, I'm not against them. I just have a concern. What I see going on in the African-American business district, Austin Avenue, Fayetteville Street, and Roxborough Road. You have so many of them, particularly on the weekends, that's panhandlingly, that we need to try to pull a little stop to them. So I don't know what the City Council can do about that, about how many you have in an area. But please consider that. Thank you, Mr. Mayor. Thank you, Ms. Peterson. Let's move to the item that I wanted to pull, five. And what I like is the administration to explain to me, really, what is the parking meter system that we're going to have on that line. I'm sorry, what was the question again? Mr. Mayor, can I make a comment on item three? The one we just talked about. Sure. Would you mind, real quickly? I just, I hope also that we will, once we get this back on Thursday, that we can go ahead and get this moving. Because I agree with Carolyn. It has been a long time. And I know there are a lot of good reasons. There have been a lot of people involved in the conversation. I mean, it's involved our police department. It's involved our city attorney's office. It's involved a lot of people. And I think it's been a lot of work to bring it to a consensus. And I know that Mayor Pro Tem has some concerns. And I know that city attorney's office has a concern. But I hope that we can go ahead and whatever the concerns are, let's go ahead and try to address them and move it forward. Thank you, Mr. Mayor. You're welcome. Recognizing Mayor Pro Tem. Carolyn stated that we've been working on this over a year and the people are still suffering. What I find so sad is that in one year, they have not moved anywhere. Well, you're out of order. Just, just, you may be seated. We have some of the same people out there who are not getting resources. My understanding is there are people who want them to be able to solicit so it will make them feel better. I heard a woman say it makes me feel good when I can give somebody a dollar. Another guy, I want to make sure, I want to be able to give somebody some money so I can feel good about them getting a cup of coffee. It ain't about, excuse my grandma, it ain't about us. It's about trying to transform the lives of people. And I've often wondered how do they do it in Apex? I know that's where you live, but you don't have to answer that today. But I think it's sad that we are still unable to end this when there are other places in this country that are. And that's something we'll have to address at some point to see what we're doing. We might need to just try something different. We're through with this until our meeting Thursday. I have some personal concerns about persons advocating for things that happen in our city that don't live in our city, but that's another point. I'm going to ask if the administration will speak to the point about what type of meter system are we going to have being proposed for the parking lot on 9th Street. You have a question? That's correct. I move that we move item 3 to Thursday. It's been a problem to move the second item. Quick, will you open the vote? Close the vote. It passes 6 to 0. All right, Mark, we'll get to you now. Good evening. Mark Ehrens in Transportation Department. What you have before you is the ground lease agreement for a parking lot on 9th Street and an ordinance to actually impose parking fees to park in that ordinance. This was discussed at your work session last Thursday. There were some concerns raised at that time. The ordinance that was presented was to be effective March 1 with the lease payments to begin at that time and charges to park in the lot to begin at that time. There were some questions raised about making improvements to the lot before we actually begin to pay the lease payments and to begin charging and pursuant to discussions with the property owner. They're willing to delay the commencement of the lease payments to June 1, 3 months. The lease would actually be effective March 1, but payments would not begin until June 1 and that's when the ordinance to charge would also become effective on June 1, $1. And I will note, I'm not sure the ordinance that you have may still refer to March 1, but it is to be June 1. That would be the recommendation. There were a few other concerns that were raised regarding employee parking on possibly on Ninth Street, some comments regarding alley eight, connecting Iardale to Ninth Street, and then the grant program for Ninth Street business owners. Those are addressed in the memo and will continue to work with the merchants on employee parking. I think the managers were continuing to work at a public university on a timeline and plan for improvements to alley eight and OEWD is bringing forth some recommendations on the grant program at your meeting in April. Is the landlord actually paying have the milling done or is he just doing it? We're paying for it. We were originally planning to pay for it within the first 12 months. We're still planning to pay for that, but they're going to do the work. So I guess the question is, does that have to go out of contract about a developer? Who's putting the contract out for that work? The developer will do that. So the developer is paying for the milling and resurfacing and striping, not to exceed $30,000. Okay. Alright, now the question goes back to what type of meters are we actually going to install on the parking lot? This would be similar to a pay station. It's not meters, it's a pay station. The spaces would be numbered and people would pay in accordance with the space in which their vehicle is occupying. They could pay by coin, by currency or credit card, and it does have cell phone capability. So, and I guess I'm trying to get back to Councilman Schultz's comment about people being able to extend their time. Extend time by, yes, the pay station will have that capability. Okay. Alright, I don't have any further questions. That's one clarification on that. I'm glad to see you were able to get the three month free time to let the developer do his work before we begin. I'd entertain a motion on the item. Move the item. Oh, you had a question? Okay. Alright, I recognize Councilman Mark. Thank you. Sorry. I wanted to ask in the supplemental memo, one of the things that is in the memo is it says a city will work with Ninth Street merchants and I want to be certain that when we're thinking Ninth Street merchants, we're thinking all the merchants in this zone, right? Perry, Iyerdale. I mean, there's, you know, a lot of employees. Okay, that's the first thing. Second thing, in one of the things that Tom Campbell, who's one of those merchants, asked and he listed out several parking areas over there that he thought might be available. In the memo when it says that you'll work with Ninth Street merchants on ways to address employee parking concerns, assume that those potential parking areas will be on the table at that time. Is that right? They're not addressed individually in the memo, but they're sort of... That's correct. I mean, we don't know what all the options are yet, but we'll explore whatever's on the table. Okay. Yes. And can we get somewhere in here either a status report either in the 90 days or 45 days just so we can see how this is progressing? Okay. Thank you. That's all I have. Thank you, Mr. Mayor. Yes. Welcome. Welcome. That's Councilman Schuhl. Thank you, Mr. Mayor. I appreciated very much the responsiveness that you all showed to this, to the concerns that we had raised at the council meeting, Mark. I thought that your memo covered a lot of the... In fact, I thought all of the issues that the merchants had raised since then in that new memo we had received from them, I thought you did a good job of addressing them. And I had the same question that Don did about the multiple parking lots and so forth, but I understand your answer, and I think it makes a lot of sense. I also wanted to say I appreciated the Mayor's suggestion last Thursday that we try to get the developer to give us a break on that. And Mr. Mayor, I believe the developer's here, and we might want to say to him we appreciated that. I think that's a goodwill gesture. And I don't think it'll go every way to assuaging the fears of the Ninth Street merchants by this parking, but it's certainly much appreciated. But I just thought that you all did a really good job of trying to address these concerns in the memo. So thank you very much. Thank you, Councilman Schuhl. Any other comments? I'll entertain a motion on item. It's been properly moved to second. Madam Clerk, we open the vote. Close the vote. It passes. Six to zero. Under the general business agenda, public hearings. Item 13, Durham, Marsville annexation agreement. Good evening. Thank you. Mr. Mayor, members of Council, Pat Young with the Planning Department. First, I can certify for the record that all public hearing items before each night have been advertised in accordance with law. And we have affidavits on file with the Planning Department to that effect. The item before you is a requested revision to the 1997 annexation agreement between the city of Durham and the town of Morrisville. The agreement covers the southeastern Durham County and Northwestern Wake County area where the municipal boundaries of Durham and Morrisville meet. The requested change to the agreement would remove approximately seven acres of property currently within the city of Durham's annexation area and place that same property in the town of Morrisville's annexation area. The property is known as the O'Brien property and it's part of a larger development proposal located in Wake County in the existing town limits of Morrisville. The city staff has evaluated this, the requested revision, and determined that the property in question would be costly and difficult to serve with city of Durham municipal services. The reason for that is that the only direct access to the parcel would be through the town of Morrisville unless there was an extension of distribution drive, which would involve a crossing of a stream buffer, which is costly and could have environmental impacts. The proposed amended agreement has been reviewed by the departments of water management, public works and finance, and no detrimental impacts were identified to the long-term interests of the city. Staff recommends approval of the revised agreement effective April 1st, 2014. I'll be happy to take any questions. Thank you. Thank you. This is the public hearing. The public hearing is open. I'll ask first other questions. I remember I was with the council. We have one person that signed up to speak on this item before I recognize him. Is there anyone else that wants to speak on this item because I only have one person that wanted to sign up? I'll let the director reflect that. I recognize Patrick Beiker, and you have five minutes. Take a lot less than that, Mr. Mayor. Mayor Bell, members of council, my name is Patrick Beiker. I live at 2614 Stewart Drive. I'm an attorney with Morningstar Law Group in Durham. I'm here tonight representing KCR developers, LLC, which is a developer of the Kitts Creek neighborhood in Morrisville that's directly adjacent to the city limits of Durham. I thought the staff report was very clear, and I want to just say how much we appreciate the efforts of the planning department, the administration to bring this item forward, and I'll be happy to try and answer any questions that you all may have. Thank you very much for your time tonight. You're welcome. You've heard the developer representative. Anyone have questions on this item? You recognize Councilor Schuhl. Thank you, Mr. Mayor. Yes, sir. This is actually not for you, Patrick. It's for the staff, which is, I know that we have other situations like this where we have, I guess, the town of Chapel Hill has territory in Durham. What are the implications of this for any possible future city county merger? I'm not sure I can fully address that. As you alluded to, there are areas within the town of Chapel Hill that are in Durham County. There is a small area already of the city of Raleigh that's in Durham County and Morrisville. There are, again, very small portions of Morrisville within Durham County. I think if there were to be a future merger of Durham City and Durham County, that would have to be part of the negotiations. I don't think those communities would not be subject unless they participated in that merger. Yeah, all right. I guess I need to ask more about that offline, but thank you very much, Pat. Any other questions about members of the council? If not, let the record reflect that no one else wanted to speak on this item. This item being a public hearing. I declare the public hearing to be closed. Matters of fact, for the council. It's been proper to move second. Madam Clerk, we open the vote. Close the vote. Your passes, 6 is equal. The last item on the agenda is item 14, consolidated annexation item, Ferdinand Road Baptist Church. Good evening again, Pat Young, with the Planning Department. Thank you. This is a voluntary annexation utility extension and initial zoning request submitted by Farrington Road Baptist Church. The applicants are requesting annexation of approximately eight acres of property located at 6804 Farrington Road. The initial zoning designation request is for the rural residential or RR zoning. This is the same zoning designation as the property currently has within the county's jurisdiction. The zoning designation would allow the church to seek a minor special use permit, which would be required to be granted by the Board of Adjustment before any development as a place of worship could occur for an approximately 24,000 square foot place of worship on this site. Utility impact analysis was performed by the Public Works Department and they determined that utility service in the area is adequate to serve the proposed development. Fiscal impact analysis was performed by the Budget Management Services Department and indicated that the development would be revenue positive. Staff recommends approval of this request and I'll be happy to take any questions. You've heard the staff report. Let me ask other questions. I remember the council. If not, I don't have anyone that has sounded to speak on this item. I would ask if anyone wants to speak on this item. You don't have to. I'll let the director reflect on that. Do you care to speak? Tom Stark represents some of the parties involved in doing this annexation. I think the staff report pretty much sets it out. This is where Farrington Road Baptist Church is simply moving south across 54 and just the other side of the entrance to Falcon Bridge. It's pretty straightforward. Phil Cook is the engineer that laid it all out. He's here to answer any questions. If you all have any questions, I'll be happy to answer them. Thank you. You're welcome. Again, another question of the developer. Our staff, the attachment three cost-benefit analysis explain to me, so this is a church. How do we calculate sales tax and other revenues as when I look at the cost benefit, I see various sources of revenue and I just don't understand exactly how we make that calculation. Sure. As you'll see from the chart compared to the property taxes were removed because of the taxism status of a place of worship, the other categories of revenue such as the utility fund were generated by the budget management services department based on a pro-rata share or pro-rata estimate of the generation rate of similar types of uses. I don't know that the model was calibrated for the fact that this is a relocated use rather than a new use. It's a place of worship for a church relative to other types of non-residential uses. I certainly can have Berth Johnson or John Allure, someone follow up with us on that to get a more detailed answer that's the best I can do standing here right now. Sure. Thank you. It's not certainly not something I would want to hold this up for or anything, but it just seems I guess I would be interested in some point. Maybe there are not enough churches in the county or in the city to warrant a calculation for that, but it does seem like a lot of sales tax to be generated by a church. I could be wrong, but it did strike me as a lot of revenue for to be generated that way. It's just something I would raise for the future. Thank you. We'll certainly review that. Thank you. Any other questions, comments? If not, I'll try to probably be closed before the council. I'm probably moving second. Madam clerk, will you open the vote? Close the vote. It passes 6 to 0. Let me ask if there are any other items to come before the council. Hearing none, the council's adjournment is 734 p.m. Thank you.