 Good evening. We'd like to call the Durham City Council meeting in order at 7 or 2 p.m. On Monday the 18th of November And certainly want to welcome all of you that are here with us this evening If we just take a moment for a silent meditation, please Thank you. Ask Councilman Brown I'll go ask Council Brown to introduce faith to do the place. Good evening tonight Faith Jones will lead us in the Pledge of Allegiance Mayor Bell present their pro-tim call McFadden Councilmember Brown here councilmember Cattidy Councilmember Moffitt here and councilmember Shul Thank you. Let me ask other Nonsense by council If not, I'll recognize the city manager for priority items. Thank you, mr. Mayor. Good evening everyone. No priority items this evening Likewise the city attorney. Thank you, mr. Mayor. No priority items and likewise city clerk. No items, mr. Mayor Seattle for the National League of Cities annual conference and I received an award For the city the digital survey award, and we were number three in our category So you can give us a round of applause for that I forgot to bring I thought I had the award in my car, but it is not and so I will present it Officially to the manager at our next meeting proceed with the agenda, sir Printed and I read the head in which one items consent agenda may be approved for a single vote If an item is pulled we'll discuss that later in the meeting The first item are approval of city council minutes Item two of boards committees and commission attendance reports for the period July 1 2012 through June 30th 2013 Item three is a human relations commission appointment. I'll pull that item Item four a street and infrastructure Acceptances item five is 2014 city council meeting schedule Item seven is lease of non-residential property and contract for service with rebound alternatives for youth for non-profit organization Item eight is a mortgage loan servicing contract I'm not a city of Durham employment and training 2012 2014 grant project ordinance number 14510 Item 10 is the amendment to the city of Durham's employment and training 2011 2013 Grant project ordinance superseding grant project ordinance number one four three zero three Item 11 is church street parking deck repair contract with tendon systems LLC Item 12 is licensed agreeing with Durham County Human Services facility Item 13 is a amendment to number three to the strap tower disposal recycling contract Item 14 is amendments to the passenger vehicle for hire ordinance I am 15 the city of Durham local prior to list for transportation projects Item 16 is contract FR2 miss lake water management facility for site repairs I'm 17 is ordinance amendment to section 70 dash 5157 and 61 of the city code in part 15 dash 102 a And be of the city's fee schedule I am 18 is ordinance the amendment to provisions concerning unauthorized water and sewer use and tampering or damage to water sewer infrastructure I'm 28 23 through 28 items that can be found on the general business genus public hearings I am 31 is Durham Housing Authority Board of Commissioners appointment I am 32. I'm sorry. I'm 31 is the one that I'm pulling Item 31 is when we're pulling item 32 is a contract amendment with Carter global associates LSC professional services for additional consulting services for police Entertain a motion for the approval of consent agenda items with the exception of item one item 31 It's been property moving second Madam clerk, will you open the vote? Close the vote. It has this six to zero three. It was 31 that I pulled not three On the general business in the public hearings assessment and improvements Item 23 many assessment roll for water main on Artmore Drive Good evening mayor bill mayor pro 10 members of council. I'm Marvin Williams director of the public works department Item 23 is a mini assessment roll for confirmation of the water main assessment on art more drive The assessment was originally confirmed at the September 3rd 2013 council meeting after confirmation But within the 15-day limit for objection the property owner at 1012 art more drive objected to her assessment based on hardship Staff has reviewed the item and recommends that the city council conduct the public hearing receive public comments reconsider the water main assessment assessment against 1,012 art more drive and confirm the assessment in the original amount with a 20 year Pay period at 1% annually as shown on the attached mini roll This recommended action is in accordance with the city of Durham financial hardship assessment policy previously approved by council You've heard the Recommendation by administration is the public hearing the public hearing is open would ask first sort of comments by members of the council Is anyone in the public who would like to speak on this item? This has been an assessment roll for water main on art more drive Let the record flight to no one in the public going to speak I would put me to be closed matters back for the council It's been proper moving second madam clerk. We open the vote Close the vote it passes six to zero item 24 is confirmation of assessment rolls for water main and sewer main on which with lane Once again, good evening our bell mayor pro 10 members of council Marvin Williams director of public works Item 24 to conduct the public hearing to confirm water and sewer assessment rolls for improvements That have been completed on wedge wood lane Properties in the attached assessment rolls have been have benefited from these improvements And the public works department recommends that a public hearing be conducted and that the city council adopt a resolution confirming each of the subject assessment rolls Yeah, this is a public hearing you've heard the staff report are the questions comments from the council Likewise would ask is in the public wants to speak on this item Let the record reflect no one in the public asked to speak Proper moving second madam clerk. We open the vote close the vote it passes six to zero Item Item 25 consolidated annexation item whole crossing at 2,800 Independence Avenue Good evening Pat young with the planning department before you is the consolidated annexation annexation item for a point two nine acre portion of a parcel located at 2,800 Independence Avenue, which is just to the east of Junction Road And within unincorporated Durham County the applicant is Stuart engineering on behalf of Habitat for Humanity Who wishes to incorporate this property into a proposed hope crossing to? Development which will include 29 plus acres of land already within the city limits and immediately adjacent to the subject property The comprehensive plan amendment and zoning map change to up zone this property are the following items on tonight's agenda This action would annex the property into the city and apply an initial zoning of residential suburban 20 or RS 20 on the subject property Staff recommends that this council approve the voluntary annexation and initial zoning For 2,800 Independence Avenue be happy to take any questions. Thank you. This is a public hearing You've heard the staff report. Let me ask other questions recognize Councilman Moffitt. Yes, miss young Do you want to address? notification Thank You mr. Moffitt. I had neglected to provide the required certification the item you just heard the staff report on and all subsequent items have been Provided noticed in accordance with the provisions of law and our affidavits on file with planning department side effect. Thank you Other further questions comments by the council is anyone the public wants to speak on this item. It's been annexation item Let the record reflect no one in the public asked to speak out of the public and be closed mouth for council It's been proper moving second Madam clerk. We open vote closed vote It passes 6 to 0 I moved item 26 Conferences plan amendment hope crossing to a 13 00004 Good evening again pat young with the planning department This case is hope crossing to a 13 00004 the applicant is requesting an amendment of the future land use map from industrial and low-density residential To low-medium density residential and what this would allow is the proposed development of a 29.9 acre site It medial as described in the previous case near the intersection of junction and Charlie roads in eastern The applicant is steward engineering and the proposed change would make the future land use map consistent with the proposed development That's being requested staff recommends approval of this request and the planning Commission recommended approval of this case by a vote of 11 to 0 at Their September 10th 2013 meeting. I'll be happy to take any questions. Thank you again. This is a public hearing You've heard the staff report. I would ask other questions by members of the council recognize council with Steve shul Thank you, mr. Mayor just on attachment to could you point out to me? Where the planned this the city owned land is where the planned additional fields would be is that to the to the South east of the the existing field there Mr. Young council miss shul It's my understanding that that that would be kind of immediately to the to the east me to the east of the subject site That is city-owned property Yeah, so I guess I'm saying that the I know that the city-owned property is immediately to the east and there's an existing field there and I know that we own land that Is potentially for additional fields and is that Continue you know still farther to the east and slightly south there with that green that entire green patch there That's my understanding again. I can't speak to the level of design and specificity as someone maybe from parks and recreation could but that That is our understanding. Thank you very much Thank you council miss shul or the other questions comments. If not, I would ask a layer of comments from person's in Audience and I know we have George Stancy on It's Sound speak on the signer George stands out with Stewart. I Don't really have a presentation just I'm here for questions also our Habitat executive director is also here with us just an answer to your questions shul The there's an extension of Midland Terrace that runs along the east side of the property And that runs between this property and the park property Any other questions anyone else in the public wants to speak on this item That director like there were no further questions comments from the public out of clear public will be closed matter of fact for council We're brought to move a second madam clerk. We open about close of all It passes six to zero moved item 27 zoning map change hope crossing to Z 13 0011 Thank you a good evening again Zoning case 13 0011 is hope crossing to this is the companion zoning case to the conference of plan amendment case That was just adopted. It would change the current zoning designations of which there are six Primarily residential suburban designations and industrial light Or I'll to the requested district of PDR plan doesn't development residential 6.00 This request proposes a residential subdivision for maximum 128 residential units the development plan associated with this request includes commitments regarding dedication of driveway and Roadway improvements for adjacent roadways including a left turn lane on Junction Road Graphically the development plan commits to the general location of site access points for external access points into internal access points In the location of tree preservation areas Staff determines that this request is consistent with the comprehensive plan based on the previous action by council and planning commission recommended approval On September 10th 2013 by a vote of 11 to 0. I'll be happy to take any questions Thank you. You've heard the staff report again other questions. I remember the council recognize council shul Thank You mr. Mayor When these new streets are constructed does the standard require enough width for a bike lane? You can ask bill judge with transportation to address that question Bill judge with transportation the internal neighborhood streets are designed sort of with the complete streets concept So that there would not be exclusive bicycle lanes They would share traffic designed for lower speeds Midland terraces of future thoroughfare when it is designed and constructed it would have bicycle lanes. Thank you Is there any connectivity? Contemplated with the park. This is actually in reference to what you were talking about earlier. Mr. Stanzial Is there any connectivity contemplated with the park at this point? And is that something that we want there? Not until Midland terraces constructed If there would be connectivity with the development of Midland Terrace and as well as the park property Thank you For the question about members of the council I've not again as the public hearing George Stanzial had signed up to speak on this item Are there other persons who want to speak? Let the record reflect it. I'm a stansial chose not to speak as anyone else want to speak on this item If not clear plug can be closed matters back before the council It's been properly moving second madam clerk. We open about Close vote It passes six to zero. Thank you moved item 28 consolidated annexation item mineral Springs Road residential Good evening again members of council Pat Young with the planning department This is the consolidated annexation item associated with the proposed mineral Springs Road residential development Which if approved would allow up to 33 single-family? Residences and could be would be developed on approximately 9.09 acres of property currently within the unincorporated Durham County but surrounded by the city limits on all sides The three items before you are utility extension agreement which would allow the extension of city water and wastewater services to the property a Voluntary petition for annexation Which was submitted by the property owners for the site the budget management services department did conduct a fiscal impact analysis In service delivery analysis for this property and which projected that the estimated revenues from this project would exceed expenditures Following annexation and finally would be an initial zoning which would apply Requested plan development residential zoning of 4.140 Unis per acre on the subject property and that is consistent with the adopt a comprehensive plan in terms of the future land use designation Staff recommends approval and the planning Commission recommended approval for the initial zoning at its September 10th meeting by a vote of 11 to 0. I'll be happy to take any questions. Thank you You've heard the staff report the public hearing the public hearing is open recognized councilman. Todd There's one person to sound to speak on this item Gerrard Eddins As anyone else that wants to speak on this item Hermes Evans if you could just state your name and address, please Jared Eddins Eddins Land Corp 2314 South Miami Boulevard in Durham. I don't have much to add to what Papers and in the report Again, nine acres for approximately 33 lots. My clients feel it'll conform nicely to the surrounding Ashton Hall development It'll be very similar to what's currently existing on all three sides and I'd be glad to answer any questions you may have You recognize councilman. Good party Thank You mayor Excuse me I had several questions that the bike and pedestrian advisory committee had raised and I didn't see them as committed elements So I guess I'll ask staff If they can remind us of any committed elements and then mr. Eddins if you could comment on them essentially be pack suggested a Text commitment to create pedestrian stub outs a text commitment to create bike peg connection on mineral Springs Road bike frontage lanes on mineral Springs Yeah, and asphalt widening as well. Steph. Can you comment on that? Sure, so We evaluated the request from the Bicycle Pedestrian Advisory Commission as we always do None of these requests were ordinance based So we pass them on to the applicant and none of these proffers were made so I But I thought that we had a pen that we were proffering a pedestrian connection out the mineral Springs Road. I believe we are graphically Okay, I apologize mr. Judge reminded me that the right of way was committed for number three So that right away for the additional and I apologize mr. Eden's an applicant the right of way for number three is a committed element to dedicate the additional right away for the Future addition of bike lanes and there is a text commitment that would allow for connectivity to mineral Springs Road from the property for pedestrian purposes Recognize councilman Schu had your friends councilman good on recognize councilman Schu Thank You mr. Mayor, and I appreciate that right away. I think that's important in the long run And I think it's great y'all are gonna proffer that Explain to me a little bit Pat the memo says the cumulative net gain to the city had billed that as a hundred and sixty five thousand dollars, but the financial projection so much higher continued continuing cumulative net gain to the city I never see the hundred and sixty five thousand dollars on that chart. Are you do you know what I'm talking about there? Are you with me? I I think I do councilman Schu I'm not sure that I could speak Comprehensively to the methodology used by budget management services in that regard. Yeah, but I am confident something They've looked at carefully and it's a sound model that yeah, comprehensively evaluates impacts. Yeah I mean it looked to me like the The actual cumulative net game to the city over time is substantially more than that I was just that sit that figure was I guess in the memo to be honest. I read it a few days ago I can't remember exactly where I saw it, but I never could find it on the spreadsheet again I Certainly can follow up with you through the manager's office offline on how they're getting to that number I believe it is for some Stipulated limited time period maybe five years from build out. Yeah, I'm guessing that's what it is to all right But it is okay. You know it is positive almost immediately following the annexation. You don't need to get back with me I'm sure I'm just obsessing about something I don't need to obsess about but thank you It's an important question and we want to make sure y'all Yeah, I mean I'm satisfied with it with the general's, you know what it shows on the spreadsheet, so Mr. Edens This plan indicates an additional three students will be generated for Durham public schools with the applicant Would you be willing to make a donation of $500 per student for a total of $1,500 during public schools? Unfortunately my client's not here to to run that question past If it's on being honest, it's a deal breaker than then yes, I think that's a possibility It's not a deal breaker. I hate to commit that kind of money for my for my client I don't even believe it legally can be a deal breaker and it's certainly not a deal breaker But it's it's it's let's just say it's Frequently done and I hope you'll take that up with your client. Okay. I can after the meeting for sure. Thank you Are the other questions comments? If not as anyone else in the public who wants to speak on this item That's a record flick and no one else has to speak I would collect a puppy and be closed matters back for council Second the property moving second my clerk. We open the vote close vote It passes six to zero. Thank you before we move to the item that had been Pulled I want to recognize we have some Boy Scouts in the back. I don't know if anyone recognizes them before we came If you mind standing just tell us what troop you're with and who you are What troop were you with? Well, welcome to our meeting. We've got a very abbreviated meeting, but I hope you enjoyed what you saw Great. Thank you Item 31 was pulled a Durham Housing Authority Steve Hopkins So how can you have three minutes? Steve Hopkins 654 North Party Street apartment B Durham, North Carolina Mr. Mayor and City Council members It's had me to have to come before you with such a disturbing Concern about one of your members complete disregard for not only a citizen Who would be willing to serve on one of your many citizens board for for the process by which you conduct business? The a young lady with whom I have the honor of working with whom I have come to respect her honesty Her commitment and dedication to working with the homeless low-income and disabled citizens in this county and city a lady whom I have Whom when I heard about the opening for the Durham Housing Authority board I encourage her to apply Because of the work that she's done around affordable housing and with the opening doors strategic plan She is so bright It's a perfect match for me to me and just what the board needs and I say that Because not only was our member of this board But most importantly I was a resident member of this board So I know what the issues the board has and believe that miss Foster can help it through these Issues and give it a new energy plus young youthful perspective now To what concerns me most Councilman she was has blocked her appointment not once, but twice Why? He said it because he doesn't have experience working with tax credit development nor management skills He doesn't know her that well to make those comments And I say let the work that she's done speak for itself Now to my real concerns a Councilman sure knew about the upcoming opening on the board before any of you or me So if he had a certain kind of person in mind, he should have had that person apply B There is a process by which the council supposed to go through re-advertisement board appointments See if what I said and be is true then councilman Brown Moffitt and Cattati Should have known better and not allowed the process to be continued D if Is this the message the council wants to send out to the red text residents that any member of council can change the process at any time that only You want people who are handpicked to serve on these mini boards? That if a that if a group wants to control everything That we don't have any choice but to go along with it the action taken and the fact that all four of the white members of council voted to extend the deadline and The fact that three of them are PA members also concerns me You want me to continue I just give Give it to the clerk Thank you, but thank you for your time We can take an action on his own comment. I would make and this is for for the public It has been generally the practice of this council that if any council member Requests a deferral on an appointment We grant that at least that's been the process since I've been mayor And I don't think we've ever not granted that I was not here at the meeting when it happened But that's generally the process we have if the councilman raises a question and asked for deferral on an appointment generally that that's granted But I'll leave it at that. I don't know for the comments. I entertain a motion on item It's been proper move second madam clerk. We open about We close about It passes six to zero. Thank you. Are there any other items to come before the council? If not the meeting is adjourned at 7 30 p.m. Thank you