 Good evening. We'd like to call the Durham City Council to order at 7.01 p.m. Monday, April 6th, and I certainly want to welcome all of you that are in attendance. I'm going to ask if we could take a moment of solid meditation, please. Thank you. As Councilman Brown, if you would lead us in the pledge. I'm clear what you call the roll, please. Mayor Bell, Mayor Pro-Tim Cole McFadden, Councilmember Brown, Councilmember Cattady, Councilmember Davis, Councilmember Moffitt, and Councilmember Shul. Okay, we have several proclamations this evening. As Ms. Lisa, Dave, President, would you join me, please? Ms. Day is President of the Lisa B. Angels Foundation, and this proclamation speaks to the fact that Lisa B. Angels Partners in the Fight Against Diabetes was founded and established August the 28th, 2013, in Durham, North Carolina, where the Lisa B. Angels is a non-profit organization named in the memory of Valicia Patricia Chesnut, who has come to diabetes on November 2nd, 2009, formed the commitment to raise awareness of diabetes and its complications to build healthier lives and provide information on preventing and managing diabetes and other related diseases, where the Lisa B. Angels established the Lisa B. Angels 5K Charity Walk, or run, to increase diabetes awareness in the Durham community, whereas the Lisa B. Angels should be commended for their role in uniting the Bull City Play Streets and the citizens of Durham to increase diabetes awareness, promote healthy eating, and importance of moving with physical and activities, whereas the City of Durham appreciates the Lisa B. Angels and all the citizens who have contributed and continue to contribute to the successful control and management of diabetes and improve the quality of health in Durham, North Carolina. Now therefore, I will be the mayor of the City of Durham, North Carolina. Do I proclaim April 18th, 2015 as Lisa B. Angels Day in Durham? Do I urge all citizens to take special note of this observance? With my hand, the Quapicillus City of Durham, North Carolina, this is the 60th of April, 2015. I want to present this to you today, and I've had the privilege of attending at least one of the events. Thank you, Mayor Bill in the City Council for this proclamation. I would like to invite everyone out on April 18th, starting at 8 p.m. at W.P. Pearson Elementary School to participate in the Lisa B. 5K walk-or-run. It is a nonprofit organization that's raising awareness and funds for diabetes and member of my sister. Thank you. National Community Development Week is, let's just say I'm ready. Whereas the Community Development Block Grant program was enacted in July under the Housing and Community Development Act of 1974, and the Home Investment Partnership program was enacted into law under the Transon-Gonzales National Affordable Housing Act of 1990, whereas the CDBG and home programs provide communities like Durham with flexible resources to address a wide range of community development needs, whereas the CDBG and home programs' primary objectives are to support communities by providing decent housing, creating suitable living environments and expanding economic opportunities to help with households of low and moderate income, whereas through their 41-year and 25-year history, the CDBG and home programs have helped create strong partnerships between federal, state, and local governments, non-profit partners and the private sector to successfully carry out activities that improve the lives of low and moderate income people and revitalize neighborhoods in which they live. Highlighted this year by the City of Durham being awarded the National Community Development Association's Audrey Nelson Award, and that's a big deal, whereas the City of Durham has used CDBG and home funds to leverage additional resources to preserve housing through rehabilitation, create homelessness, and rental housing opportunities to revitalize neighborhoods, assist the homeless, and support job creation with the participation of the Citizens' Advisory Committee, whereas community development block grant and home programs continue to positively impact the lives of residents and make a visible difference in the Durham community. Now, therefore, William v. Bill Vell, Mayor of the City of Durham, North Carolina, do have our claim April 6th through 11th, 2015 as National Community Development Week in Durham, and hereby reach out to citizens to take special note of the development projects and service programs supported by CDBG and home funds in the city, whereas my hand, Corporate City of Durham, North Carolina, is the 60th of April, 2015. I'm going to present this to the President Jackson, our director of CDBG and all the other parts. Thank you, Mayor Vell. Members of the council, first I'd like to recognize the members of the Citizens' Advisory Committee that are present if you would please stand. And also, the Council Liaison, Councilmember Addie Davis, the Community Development Week celebrates a vitally important role for the CDBG and home funds that play an important role in revitalizing communities. And the City of Durham Department of Community Development is tasked with the prudent administration and delivery of these significant funds to help communities. The Community Development Department in partnership with the Citizens' Advisory Committee and their reviews projects such as the revitalization of neighborhoods such as Durham Southside to create affordable housing for special populations such as we did as such as dents and apartments for homeless veterans and also to address the needs of homeless persons and families and ultimately ending homelessness in Durham. This year, as Mayor Vell mentioned, because of our creativity and innovation, the City of Durham was recognized with the National Audrey Nelson Award by the National Community Development Association. We were one of only seven cities in the country that were recognized with this award because of our use for federal funds. I would also share that with the, because of the work that we're doing here in Durham, I was invited to attend a panel. I'll be serving on a housing panel this coming weekend at the John F. Kennedy School of Government at Harvard University to share what we've been doing here in Durham, North Carolina. They heard about us and invited me up to come and talk about it. And so that's really good. So, Mayor Vell, members of the council, on behalf of the staff of the Community Development Department and the Citizens' Advisory Committee, thank you for this proclamation. Daniel Robinson. Daniel is a member of the Board of Directors of Durham's partnership with children. This proclamation speaks to the fact that early childhood from birth to age five represents the most critical time in children's development and is the foundation for success in school and life, according to the National Association for the Education of Young Children, whereas Durham's partnership for children, Child Care Services Association and other local collaborating organizations are celebrating the week of the young child under the national theme of celebrating our youngest learners, whereas the community-based effort known as Kindergarten Registration Week will take place this week in partnership with Durham Public Schools to support children and families as they prepare to enter school, whereas transition to Kindergarten must be a smooth, coordinated process for children, parents and schools that greatly minimizes the achievement gap, whereas making sure children are ready to learn is a community endeavor that involves parents, child care providers, policy makers, business congregations, and community agencies, whereas early care and education is an economic development strategy at the beginning of the talent pipeline workforce, whereas high quality early care supports Durham's current workforce for families with young children who rely on child care to work, whereas comprehensive bilingual evidence-based programs in parent education, health, and literacy, increased family stability, whereas early intervention, family support, and education can break the cycle of poverty that affects more than half of Durham's children and create opportunities in early childhood that have a lasting impact in the community. Now, therefore, I, William V. Bilbell, Mayor of the City of Durham, North Carolina, do hope I proclaim April 12th through 18th, 2015 as the week of the young child in Durham. We have urged all the citizens of Durham to observe this week in recognition of the value of childhood from the ages of birth to five years as the most critical time in children's development, which builds the foundation for success in school and life, and recognize Durham's Partnership for Children and Child Care Services Association for the exemplary model of collaboration which continues to improve the landscape of real education for Durham residents and benefits and presents future generations. With my hand, Court of the City of Durham, this is the 60th of April, 2015. I'd like to present this to you. I'm going to ask for a little patience. I was put on the spot at the last minute, so I'm having to use technology to cheat here. But first and foremost, I want to remind everybody that Durham's Partnership for Children is your smart start agency in Durham County, and Child Care Services Association is your referral and resource agency here in Durham. And I encourage all of you to take full advantage of the programs and services that are offered by those two organizations. For 20 years, Durham's Partnership has served as the convener and facilitator of many conversations around the importance of early childhood education. And as our city leadership, your influence extends far beyond these walls, and we want to take time to thank each of you for the role that you've helped play in the lives of young children here in Durham, North Carolina. Mayor Bell, I'd like to thank you personally. You're a recipient of one of our community builder awards and have constantly demonstrated the importance of young children in your life and in the lives of those around Durham. I also want to take some time to thank our own Paulette Stevens at the partnership who works directly with Mayor Bell on the education component of his poverty reduction initiative here in Durham. City Manager Bonfield has always been a strong advocate for early childhood education in this community. We thank you for your listening here and helping hands. We've called on you many times, and it's always been appreciated. Our own executive director, Laura Benson, works on the Community Workforce Development Board with many of you here in this room tonight, and we've seen many of you on our bus tours around town taking part in the programs that we offer in your involvement means more than you'll ever know. On our board, Rhonda Parker serves in her capacity here in the city, serves the organization extraordinarily well, has become a great advocate for the lives of young children and someone that you should all take the time to thank. Also want to thank Amy Blalock, who serves on our Community Relations Committee, Toya Merritt, who sits on the Evaluations Committee, as well as Nick Allen, who serves on our Allocations Committee. My wife, who's chair of that committee, wanted me to make sure that you guys knew Nick was a great young man, and she enjoys working with him. In our state and nationwide, Durham's partnership for children has been an example. I think it's important to note that we are the only partnership in the state of North Carolina that has an apostrophe in its name. That's because Durham's partnership for children belongs to the community, and I think it's one of the things that makes us different, helps us stand out, and we couldn't do that without the support of those of you in the room tonight. We do take a collaborative approach, as you said, in the proclamation, Mayor Bell. One of the initiatives that we're currently undertaking is our transition to kindergarten program. I think many of you in the room are aware that this coming week is kindergarten registration week. Through that, we will be helping thousands of families in Durham take advantage of the educational resources that are available to them, their opportunities for you to get involved and volunteer. I encourage you to seek those out. We are known as a thriving center for education and entrepreneurship, and I do serve as a board member of the partnership, but in my role as a businessman in this community, I can't begin to tell you how important early childhood education is to all of us. It's important to our workforce that families have access to quality childcare and can get to work. It's important that we educate our young children and create a thriving workforce in the future. Finally, I just want to reiterate that we at the partnership and at Child Care Services want to ensure that all children in our local community, we want to ensure that they all succeed. We do encourage you to take advantage of an opportunity that we have coming up. We are celebrating our 20th anniversary on April 23rd. We invite all of you to come out and participate in that with us so that we can ensure that these resources are available for another 20 years. Thank you, Mayor Bell. Thank you. That's pretty good for not being prepared and reading off those little fonts on that iPhone. I enjoyed that. Don really and his team. This is a proclamation recognizing how we save water. I'm going to let him introduce himself. I said his team. I was going to let him do that. Whereas the City of Durham continues to explore ways to manage the residential consumption of water and to inspire its residents to preserve and protect our natural resources, especially our water supplies. Whereas the City of Durham, as an EPA water sense partner, encourages our community to conserve water and be water efficient wherever possible. Whereas the Wildland Foundation has sponsored the National Mayor's Challenge for Water Conservation for four years, promoting active competition among cities of all sizes across the nation to reduce water use by the adoption of water-efficient behaviors and practices. Whereas from April 1st through 30th of 2015, the City wishes to inspire its residents and its neighboring communities to participate in the challenge by making a series of online pledges to reduce their impact on the environment by decreasing water use and striving to be more water efficient for the period of one year. Now, therefore, I, William V. Bilbell, Mayor of the City of Durham, North Carolina, and I do have the claim that the city is an active participant in the Wildland Foundation, National Mayor's Challenge for Water Conservation, and encouraged Durham citizens to take the conservation challenge between April 1st, 2015, 30th, 2015, by making an online pledge at www.mywaterpledge.com. This proclamation shall be effective immediately and with my hand in Corpus Hill City of Durham, North Carolina, this is the 60th of April, 2015, and I have taken the pledge, and I'm trying to encourage my family to remember I took the pledge. I'm passing this on to Don Ridley. And I believe we have a short video. By saving water, our community saves valuable resources, money and energy. That's why I'm encouraging you to take the National Mayor's Challenge for Water Conservation, April 1 through April 30th, by making a simple pledge to save water and reduce pollution. You're not only doing your part for our community, you can win hundreds of prizes. Let's show the other cities around the nation how Durham takes care of our planet. Last year, we finished in fifth place, but let's see if we can do better this year. How about trying to finish in first place? Make your pledge throughout the month of April at My Water Pledge, Bull City Pledge. I'd like to thank the mayor for participating in that video. On behalf of Wayne Drop and the Department of Water Management, I would like to thank you, Mayor Bell and the City Council for supporting the mayor's challenge. Already citizens across the country have pledged over 400 billion gallons of water to be saved. Locally, Durham is already in the top 10 cities for cities of our size. We know that Durham citizens are very conscious about water and environmental issues and are always ready to do their part to save our precious natural resource. Not only is it the right thing to do, but there are numerous prizes for both individuals and cities. Nationwide, one lucky individual will receive a grand prize of a Toyota Prius, and one winning city will be chosen to receive a Pocket Park Landscape Makeover, which includes the state-of-the-art water efficient irrigation. We want to encourage all residents to participate in the challenge, and citizens and students have until April 30th to take the pledge at MyWaterPledge.com. For more ways to save water and save the planet, customers can also visit DurhamSavesWater.org or at the Water Management booth at Earth Day for more water saving tips. I just want to thank the mayor and the council for that proclamation. Thank you. Larry Rubble. Oh, great. Hey, Larry. This proclamation recognizes Fair Housing Month, whereas April marks the anniversary of the passage of the Fair Housing Act of 1968, which sought to eliminate discrimination in housing opportunities and to affirm further housing choices for all Americans, and whereas ongoing struggle for dignity and housing opportunity continues to be an issue and vigorously local efforts must continue to combat discrimination, whereas the Durham City Council has authorized the Human Relations Division of the Naval Improvement Services Department to take necessary action to enforce the City's Fair Housing Ordinance and the Federal Fair Housing Act of 1968 as amended, whereas ongoing fair housing education, outreach, and monitoring is the key to raising awareness of a person's fair housing rights and responsibilities, and whereas only through commitment, continued cooperation and full support from the Durham community can the barriers to fair housing be removed. Now, therefore, I, William V. Billville, Mayor of the City of Durham, North Carolina, do I proclaim April 2015th as Fair Housing Month, and Durham, and hereby urge all the citizens to take special notice of this observance by promoting good fair housing practices throughout the City of Durham. What's in my hand? Corporate City of Durham, North Carolina, this is the sixth day of April 2015. And I'm going to introduce Larry and Jim Sotheby. Thank you, Mayor and City Council. The Human Relations Division of the Naval Improvement Services Department is extremely excited about all the many activities and programs we have planned for Fair Housing Month. And we want to strongly encourage you to please come out and support these programs and activities. Hopefully you got one of the flyers that we gave you as you were coming in tonight. If you did not get one, I encourage you to go to the City's website and get more information about the programs and activities. And you can also contact us at the Human Relations Division, 919-560-4107. Want to take just a moment and introduce my co-worker, Lenin Martinez, our bilingual specialist. Well, now I'm going to say this in Spanish for the Spanish-speaking audience. Se agradece al consejo de la ciudad y al alcalde Bill Bell por apoyar el programa y la ley de equidad de vivienda, lo cual viene a asegurar y a consolidar el lugar de los individuos y las familias de nuestra ciudad de Durham. Como sabemos, estamos celebrando en este mes de abril y el mes de la equidad de vivienda y por lo cual el departamento, en este caso la división de relaciones humanas, estaremos realizando diferentes actividades en los distintos puntos de la ciudad para poder mostrar a la comunidad en general nuestro trabajo en pro de la vivienda justa. Muchísima gracias. Thank you very much. Well, it's Ricky Hart, Chair of the Field State. Who else is here? Margie Clemens is Margie here. The Mayor's Committee for Persons with Disabilities. And Ms. Taylor Walken, who's the representative of the Youth Commission. This proclamation is in recognition of the fact that everyone matters. Whereas everyone matters as a global campaign bringing together local governments, public figures and organizations, schools and citizens, advocating for everyone's rights to dignity and respect without judgment or shame. Whereas everyone matters as a global campaign bringing together local governments, public figures, organizations, schools and citizens, advocating for everyone's rights to dignity and respect without judgment or shame. Whereas the goal of the campaign is to bring people together to embrace inclusiveness and tolerance of everyone's differences. Whereas the Youth Council, Mayor's Committee on Persons with Disabilities and Human Relations Commission are leading the way by organizing and participating in activities that recognize the uniqueness of all individuals. Whereas discrimination, bullying and harassment have direct effects on the physical, emotional, mental and financial health of an individual, on organizational stability in schools, on organizational and financial stability of businesses and communities, and on the well-being of society as a whole. Whereas everyone matters as an ongoing awareness effort that promotes diversity and self-respect. Whereas everyone matters focused on educating people about each other's individual right to live freely regardless of gender, age, ethnicity, religion or sexual orientation. Now, thereby, William V. Bilbell, Mayor of the City of Durham, North Carolina, who have ever claimed April 2nd, 2015 that everyone matters today. All this is April 6th in Durham, and hereby urge all the citizens to take special notice of the service every day throughout the Sea of Durham. What's my hand, Corporate City of Durham, North Carolina, this is the 60th of April, 2015. I'm gonna present this to Ricky first and recognize the others that are with me. Good evening. I was planning on this PowerPoint to play while I was talking, but that is fine. Just wanted to say hello to the members of City Council and everyone in attendance. My name is Taylor Walker, and I am here with several other members of the Durham Youth Commission. And tonight, we just wanted to share briefly with you a visual presentation of our participation in the Everyone Matters program. Now, the Everyone Matters Day took place nationally on April 2nd of 2015. Everyone Matters Day encourages acceptance of others and ourselves as we are, and promotes and celebrates everyone's individuality and uniqueness. Everyone has the right to be who they are without ridicule and judgment. The Durham Youth Council joined millions around the world in showing the words I matter. We celebrated differences in our own uniqueness with the words and the selfie hashtag I am. As a council, we encourage each other and our friends around Durham to use social media in a positive way to promote self-acceptance, pride and identity, and personal empowerment. This is about affirming who we are as we are and learning to accept others as they are without judgment. I hope you were able to see the presentation. Thank you for your time and attention, and especially thank you for supporting the Durham Youth Commission. Thank you. On behalf of the Human Relations Commission, as she said, everybody's a part of the whole situation no matter what it is. It takes everybody to come up with a solution when we have problems. So with that said, it does make a difference when everyone matters, when everybody plays a part. Thank you. Charlene Rice, this speaks to sexual awareness month, sexual assault awareness month. Whereas the City of Durham shares a critical concern for victims of sexual violence, and it deserves to support their needs for justice and healing. Whereas in 2014, the Durham Police Department received a total of 97 reports of rape or attempted rape, and Durham Crisis Response Center served the needs of county victims during 246 crisis interventions, 229 individual counseling sessions, and 39 forensic exams, 33 law enforcement interviews or other court proceedings. Whereas the Center for Disease Control estimates as many as one in five women and one in 33 men will become the victims of rape or attempted rape, yet according to the Rape Abuse and Incest National Network, most will not report the crime to law enforcement, and rapists who are not detected by authorities will perpetrate an average of six crimes as found by Dr. David Lisex, where it's titled the Undetected Rapist. Whereas in Violence Against Women International documents that victims are far more likely to disclose their sexual assault to a friend or family member, and when those loved ones respond with doubt, shame or blame, victims suffer additional negative effects on their physical and psychological well-being. Whereas the Durham Police Department Special Victims Unit has initiated the Start by Believing Public Awareness Campaign in Durham, designed to improve the responses of families, friends, family members and community professionals so they can help victims to access supportive resources and engage the criminal justice system. Now, therefore, William V. Bilbell, Mayor of the City of Durham, North Carolina, do have our claim April 2015 as sexual assault awareness month in Durham, nearby urge all the citizens on April 6th to support the Start by Believing Public Awareness Campaign being launched in the Durham community and embarked this day to start by believing throughout the City of Durham. Witness my hand, Corporal Sill, City of Durham, North Carolina, this is the 60th of April, 2015. I'm gonna present that to Charlene for the comments you may have. Thank you. Thank you, Mayor Bell. I would like to thank on behalf of the Durham Crest Response Center, the Durham Police Department Special Victims Unit and particularly investigator Quincy Tate, who is with me, who spearheaded the Start by Believing Campaign for the County of Durham. There's more information at startbybelieving.org and it's about getting more people to start by believing when someone discloses a assault or rape to them. We would like to invite everyone to join us on Friday, April 17th at 5.30 at the Farmers Market for our first county-wide Take Back the Night march as part of Sexual Assault Awareness Month as well. Thank you. Okay, let me ask if there are comments by members of the council. Recognize the Mayor, Pro Tem. I would just like to share a testimony about the Mayor's challenge for water conservation. I have been trying to walk the talk for years and years until I have several rain barrels at my house. But I have a sign right over my kitchen sink that says use water wisely. About a week ago, when my grand dog, DOG, Dallas visits me very often. Last week his mom said that Dallas was barking at home. He was at home barking. And she didn't understand why he was barking. So apparently he led her to the kitchen where the faucet was dripping. And after she turned the faucet off, he stopped barking. Now I'm convinced that my grand dog can read. Even if he can't read, he understands the importance of water conservation. So my whole family accepts the challenge, Mr. Mayor. And if Dallas is listening, Dallas, I hope you'll continue. Keep up the good work. Well, I'm gonna make two announcements. Mr. Mayor. Okay, go ahead. Or unless you wanted to follow that, that's hard. That's a far-dack. I didn't know if you were through with the person. No, I was gonna make a comment. Two comments. Go ahead. Okay, thank you. It's all about Durham. That's when I'm gonna make these two comments. I know it tonight is tonight also. So I'm gonna announce two things. My daughter received a phone call from her grandmother today about a last name Oakley. And she was calling to say to her grandson, Lowell Oakley is on the program called Divorce. Now I don't know how many of you know about Divorce, but I know my family knows about Divorce. And it's on Monday night. And we know what else has happened Monday night. It's on Tuesday nights. But she wants to carriage everybody to vote for her grandson. And so I said I spread the word and follow those that look at Divorce. You can do it tonight or tomorrow. And his name is Lowell Oakley. And he's on a team of Fonelle Williams. That's one announcement for her. For real, we've got our vote, okay. What channel is it? NBC. The second announcement is that, we all know what's happening tonight. And that's why we go get out here. But I just wanted to make the council aware that I spoke to Mayor Sauglin, who's the mayor of Madison, Wisconsin. And we have a little wager going on. I know Paul from our meetings. And he said, well, I said, I want you to get up in Wisconsin. We got barbecue down here in Durham. He said, well, the last four times I've done this, I've shipped, I don't know how much, we have the finest cheese in Wisconsin. That's what he told me. He said, I've shipped four loads of cheese. Last time I made a bet, I said, well, I hope it doesn't break your record because we want you to ship another load to Durham tomorrow after this game. So we're betting barbecue against Wisconsin's finest cheese. And we have buku and cheese, right? Okay. End of my announcement. All right, Gene Brown. Thank you, Mr. Mayor. Cheese is healthier, but anyway. I have a personal announcement about my nephew, Nick Brown, my brother's son who grew up in Denver. His mother is an editor with a Denver Post. And of course, his father is my twin brother and served on the Denver City Council for 14 years. Nick graduated from USC, University of Southern California, and then served two years with, in fact, he's serving now. It's his final year, teach for America in Mississippi. But we learned just last week that he was named as a Fulbright scholar. So we're very happy and pleased with that. And he will be assigned to Columbia, South America to teach at one of their fine universities there. So I just want to throw an answer. Announcements. Great, Gene. Okay. We'll ask other prior items by the city manager. Thank you, Mr. Mayor. Good evening, everyone. Priority items this evening, several applicants for tonight's meeting who have requested to have their comprehensive plan amendments and or zoning map changes cases continued to the next, which is the April 20th, 2015 city council business meeting. As such, I'm recommending that the city council open and then continue the public hearings on the following cases to that April 20th, 2015 meeting, which otherwise were advertised and scheduled for tonight's meeting. Agenda item number 15, zoning map change, Sutton station. Agenda item number 17, comprehensive plan amendment, Hamilton center two. Agenda item number 18, zoning map change, Hamilton center two. Agenda item number 21, comprehensive plan amendment, highway 54, residential. Agenda item number 22, zoning map change, highway 54, residential. That's all my priority items. Well, I know somebody's going to... Okay. It's been probably moving second. Madam clerk, will you open the vote? It passes seven is zero. Pass out thanks along those people. See them next time. Doesn't mean we're going to do anything about what they asked them for, but I recognize they see the attorney. Thank you, Mr. Mayor. No priority items. Likewise city clerk. No, I missed a mayor. Okay. We're proceed with the agenda. First item being the consent agenda and consent agenda items can be approved with a single vote unless it's moved by a council member somewhere from the public. We'll discuss that at the end of the agenda. Item one is approval of city council minutes. Item two is the mayor's appointee to the Durham Historic Preservation Commission. Item three is the Durham City County Appearance Commission appointments. Item four is the street infrastructure acceptances. Item five is FY 2015, 2016 budget development guidelines that will pull that item. Item seven is the bid report for 2015. Item eight is the bid annual police vehicle purchase. Item nine is third amendment to contract for design services for the West Elevator Creek trail phase with stew and engineering Inc. Item 10 is encroachment easement and agreement with Diamond View, one LLC at Durham Bulls Athletic Park. Item 11 is the proposed condemnation of property located at 531 East Carver Street, parcel ID 172105 for the Carver Street extension project. Item 12 is 2015 high intensity drug trafficking area, grant award, we'll pull that item. Item 14 through 22 items that can be found on the general business agenda as public hearings. Entertainment motion for the approval of consent agenda with the exception of items five and 12. It's been a proper move for second round click. We open the vote, close the vote. It passes seven to zero. We move to the general business agenda, public hearings. Item 14 is zoning map change, Hendricks South Point overall Z1400023. Good evening, Mr. Mayor, members of council, Pat Young with the planning department. I can first certify for the record that all public hearing items before you tonight have been advertised in accordance with requirements of law. They're happy, David, to that effect on file with the planning department. I'll now introduce agenda item number 14, Hendricks South Point overall. The case before you is a request to change the zoning designation of 80.7 acres of property located at 107 Kennington Drive from its current zoning designation of commercial general with a development plan to commercial general with a development plan with slight modifications to committed elements to allow up to 330,000 square feet of commercial development. What this request does is essentially combine two recently approved zoning map change request, Z1200025, which was for the eastern portion of the site and Z140002 for the western portion of the site, which would allow the applicant to remove required project boundary buffer between those projects. The site is within the FJB Watershed Protection Overlay and there are commitments greater than ordinance requirements associated with this request that are outlined in detail in your staff report. Staff determines this request is consistent with the comprehensive plan and other adopted policies and ordinances and the planning commission recommended approval of this item at their February 10th meeting by a vote of 12 to zero. I'll be happy to take any questions. Thank you. You've heard the staff report. It's a public hearing. The public hearing is open. We'll ask first are the questions, comments from members of the council on this item. If not, we have one person that's signed up to speak. Louis Cheek for the proponent. Does anyone else that wants to speak on this item either for or against? If not, you have three minutes. Louis Cheek for Hendrick. I'll be glad to answer any questions you have. Recognize Councilman Shewell. Who you're reading for tonight, Mr. Cheek? This will determine my vote. The Blue Dalles. That's a fair question. May I move the item? Second. Let me close the public hearing. Oh, okay. Let me close the public hearing. Does anyone else that wants to speak on this item either for or against? Let the director reflect. No one else has to speak on this item. Let the public hearing close. As a matter of fact, before the council. So moved. It's been a proper move for the second. Madam Clerk, will you open the vote? Open the vote. It passes seven to zero. Thank you. One motion. Is it just one motion? There needs to be the consistency. A statement needs to be adopted. I'll move the consistency statement. It's been a proper move for the second. All in favor of the motion. Madam Clerk, will you open the vote? It passes seven to zero. We just need to open the public hearing. Okay. For 15. Item 15 is the zoning map change, Sutton station, Z-14-0025. Open the public hearing. Item. Stand with assembly asked that you open the public hearing. Continue this to the next council meeting on the 20th. At that point, staff will be prepared to do a full staff presentation. Yeah. It's been properly moved. And there's a second. Second. Madam Clerk, will you open the vote? Close the vote. It passes seven to zero. Why don't we do this? Why don't we do the ones that are going to be continued. 15, 17, 18. We're going to open 18. If the staff is here for you. Mr. Mayor, it's 17, 18, 21, and 22. I know. Do we have to do them individually? That can be done in mass, if you so choose. I can. Okay. I'll move that we, oh right. The public hearing is open. Entertain a motion on, the public hearing is open for 17, 18, 21, and 22. It's been properly moved. Second. Continue to when? April 20th. Okay. You got all that now? All right. Everybody wants to get out here. Will you open the vote? Close the vote. It passes seven to zero. Okay. We'll go back to item 16, which is zoning map change, auto park center, Z 14, 0, 0, 0, 11. Thank you, Mr. Mayor, members of council, Pat Young again with the planning department. The case before you auto park center is a request to change the zoning map designation of 6.23 acres of land located at 7520 NC 751, which is at NC 751's intersection with Interstate 40 from its current zoning designation of commercial neighborhood or CN with a development plan to commercial general or CG with a development plan, which would allow for a mix of retail and restaurant uses between 5,000 and 40,000 square feet of floor area. The development plan associated with this request does include commitments in excess of ordinance requirements, and this is to limit the uses allowable on site, specifically no residential or electronic gaming uses, and also includes roadway and access improvements in addition to other commitments are outlined in detail in your staff report associated with this item. Staff has determined this request is consistent with the comprehensive plan and other adopted policies and ordinances and the planning commission recommended approval of this item at its February 10th meeting by a vote of 12 to zero. I'll be happy to take any questions. Again, the public hearing is open. You've heard the staff report. Are there questions? First by members of the council. If not recognize Patrick Biker. Before you begin, is anyone else that wants to speak on this item? This is a public hearing. All right, back to you at three minutes. Good evening, Mayor Bell, Mayor Pro Tem Cole McFadden, members of the city council. My name is Patrick Biker. I live at 2614 Stewart Drive. I'm an attorney with Morningstar Law Group in Durham. I'm here tonight representing sheets for this zoning map change. Our team from Sheets is here in the second row, in case you have any questions at the end. Long story short, we strongly believe that the 6.23 acres that we are looking at tonight, directly across from the autumn mall and next to I-40, needs to be zoned commercial general. We think it just makes sense to move forward with a quality end users such as sheets that will bring new jobs and new investment to Durham. We appreciate that the staff report analyzed this proposal from Sheets and covered all the necessary issues. We also appreciate the unanimous support of the planning commission. In closing, we respectfully ask for your approval tonight and our team will be happy to answer any questions you may have. Thank you. You're welcome. Are there questions by members of the council? Recognize Councilman Cattati. Thank you. Did anybody else in the audience want to speak? No one else. Okay, great. Okay, I just wanted staff to clarify the buffer reduction and the wildlife corridor if you could. And then I have comments. I'll take those in order. The north and west side of the site are adjacent to core property. There's significant topography issues. The applicant can speak in more detail if they wish about that. But they determined after the case was originally heard by the planning commission that they needed to preserve the opportunity for a buffer reduction. Buffer reduction would require the installation of a berm or a wall that would allow the buffer to be reduced down to 10 feet on the north and west side. So that was considered by the planning commission when the case was reheard as I just indicated. And if the wall is installed, is required by the ordinance, the buffer will be reduced. In terms of the natural heritage site, the staff and the Durham Open Space and Trails Commission identified the adjacent site as a exceptional quality natural heritage site. The natural heritage office with the state has guidelines about recommended riparian buffers that allow during periods of flooding, wildlife to transit the adjacent area and what was submitted, information was submitted by the applicant that was reviewed by staff and by Dost that showed that according to the state's guidelines, the required buffering from the floodplain area is met and allows that upland corridor to be retained based on what the applicants provided on the adjacent property. Dost did request additional upland area to be dedicated and that was not committed to. I wanted to note that similar to the written Dost comments, I do have some concerns about gasoline sales directly adjacent to the lower New Hope Creek floodplain forest and slopes. And I personally feel that neighborhood commercial is more appropriate for this site than general commercial, particularly thinking back to the earlier rezonings of this area in my time on council. I don't believe that this corridor area has developed as hoped. So no particular objection to your development, but it's not what I wanna see there. So I'll be voting no. Thank you. Thank you. Are there other comments? Recognize Councilman Davis. Thank you, Mr. Mayor. I'd like Mr. Becker if you could introduce the officials from Sheets and what positions they hold. Yes, Jamie Gerhardt is the real estate director for Sheets. He lives here in Durham. And then Franca Mena is our traffic engineer. And then I'm sorry, we also have a gentleman from McAdams who's our land use planner. Questions, comments? Again, is anyone else who wants to speak on this item? Is this being a public hearing matter? Dr. Rector of Fleck, no one else has to speak. I'll declare a public hearing to be closed as a matter of fact before the council. Who died? It's after. Been a property move of second. Madam Clerk, will you open the vote? Close the vote. It passes 61 with council member Petati voting no. Thank you very much. Appreciate your time. We need the consistency statement also. Consistency. It's been a property move of second. Madam Clerk, will you open the vote? Close the vote. It passes seven to zero. Item 19 is the conference of plan amendment, Magnolia Drill, grill A140008. Thank you Mayor Bell and members of council. Pat Young again with the planning department. As the mayor indicated his case is A140008, Magnolia Grill. It's a request to change the future land use map designation of a 0.165 acre parcel from its current designation of medium density residential to commercial. And this property is located on the east side of Ninth Street between Anglewood Avenue and West Knox Street. Staff recommends approval of the request based on our review of the four criteria in the conference of plan for conference of plan amendment changes. And planning commission recommended approval of this item at its February 10th meeting by a vote of 12 to zero. And I'll be happy to take any questions. Again, this is a public hearing. The public hearing is open. I would ask other questions by members of the council comments. If not, we have one person that has signed up to speak. Is there anyone else that wants to speak on this item? Recognize Ron Horvath. If you don't mind, if you can come and give your name to the clerk and sign up. Mayor, members of council, Ron Horvath. Thank you. Good evening. And hopefully this is short. Yeah, five minutes. Yeah, five minutes. I'll use 30 seconds, hopefully. We've had a lot of conversations with both our adjacent neighbor and the council members. And although Pat didn't indicate it, we have committed to a nine o'clock closing time, nine p.m. in the evening, closing time on the outdoor dining section of the restaurant. And I think that should address most of the neighbor's concerns. We've not heard any more, but we ask your support in this matter tonight. Thank you. I recognize the gentleman who's signing up. You can come up if you don't mind. If you just state your name and address, and I guess I need to know if you're a proponent or a proponent of this project. I'm David Jolley. I live at 1005 Ardell Street, which is right behind the piece of land that is being discussed here. And I'm not opposing the rezoning, but I wanted to share some lingering concerns that I have and neighbors have. So first of all, I wanted to thank you for negotiating with Ann to get the nine p.m. closing time. We appreciate that, the limit on outdoor seating. And also wanted to thank Monats, the current occupiers of that space, have done a great job in terms of trying to encourage customers to park courteously and legally. But parking is still a problem, and the parking situation will only be exacerbated by the addition of outdoor space that's gonna accommodate another 50 people. This Saturday, a customer blocked the driveway of our neighbor across the street and the driveway of our elderly next door neighbor so that when she returned from shopping, she couldn't get into her driveway. Cars continue, customers continue to park their cars extremely close to the intersection of West Knox and Ardell so that it is both difficult and dangerous to cross that intersection. One thing that we would like to request is that the city put up signs on all four corners saying no parking here to corner to make it clear because they are parking, I mean, they're even parking diagonally across the corner. And I guess they just don't think it's a big deal because they're not gonna be there too long, they're getting a donut and a cup of coffee. But it's dangerous trying to cross that street. So I don't know what the city can do beyond putting up those signs, but we sure would like some support, any support that you can lend us to make sure that the situation is addressed and certainly doesn't get any worse with the additional outdoor space for this venue. City manager made note of your comments. Are the other persons that want to speak on this item? If not, let the record reflect no one else has to speak. I'll declare the public hearing to be closed as back for council. Recognize councilman Schuhl. Mr. Horvath, I noticed one of the things that was not proffered but was recommended by BPAC was the installation of some bicycle racks. Yeah, we're actually, there's racks being installed now in the existing side and we also, with the zoning, we'll be installing at least two, two more racks on the new side out in front. We're finding that bicycle usage from Duke in the area is more than expected. And so yeah, we're actually going beyond what the ordinance is requiring now. Thank you. In addition, with the new layout, the new zoning, we get rid of a walkway exit on the parking lot side and we'll be able to improve the parking now. It's not gonna solve the problem, but it will add another probably half a dozen parking spaces throughout the area. Yeah, because as Mr. Jolly said, as you know, those of us who go and enjoy Monuts, the parking is definitely challenging there. And I appreciate you raising that and thank you for your work on that. I'd like to get the city manager's response to Mr. Jolly's suggestion about signs. Well, in terms of the response this evening, Council Member Brown, we will ask the Transportation Department to make an evaluation of the situation. I don't know if that's already been done, but if not, it will be done and we'll take the appropriate action to post the appropriate signs and then initiate enforcement. Thank you. Any other questions, comments? If not, entertain the motion to approve the tax resolution which is item seven. It's been proper to move the second, Madam Clerk. We open the vote. Close the vote. It passes seven to zero. Next item is item 20, the zoning map change for Magnolia Drill, Z1400024. Thank you, Mr. Mayor, members of council, Pat Younging again with the Planning Department. This is the companion zoning case to the comprehensive plan amendment that you all just considered. It's a request to change the zoning map designation of 0.482 acres on three parcels, including the parcel considered in the last case and to the existing parcels that are where the restaurant is located from their current designation of Commercial Neighborhood CN and RU-5, Residential Urban Five, to Commercial Neighborhood with the Development Plan. And if approved, the item before you would allow the expansion of the existing restaurant to include outdoor seating. The Development Plan associated with this request does include a number of commitments that exceed the ordinance requirements, specifically to prohibit outdoor music and speakers, prohibit several uses on the site, limit the amount and hours of operation of seating for an outdoor dining area, in addition to other commitments outlined in detail in your staff report. There is one change to the commitment since the production of the staff report. Mr. Horvath alluded to it during his comments on the comprehensive plan case. The previous commitment in your staff report limited the hours of operation for outdoor seating to no later than 10 p.m. That has been propped by the applicant to be 9 p.m. and accepted by the planning director. So if approved tonight, that would be a binding commitment. Staff determines this request is consistent with the comprehensive plan based on your recently adopted action and Planning Commission recommended approval at its February 10th meeting by a vote of 12 to zero. I'll be happy to take any questions. Thank you. Public hearing is open. You've heard the staff report. Are there questions, comments by members of the council from the staff report? If not, Ron, Harvard, you. Only if you have any more questions. Are there any questions of the developer? Is there anyone else in the audience that would like to speak on this item, either for or against comments? Let the record reflect that no one else has to speak. I would occur to put them here to be closed as a matter of fact before the council. It's been properly moved in second. Madam Clerk, will you open the vote? We'll close the vote. It passes seven to zero. And we have a consistency statement. It's been properly moved in second. Madam Clerk, will you open the vote? Close the vote. It passes seven to zero. Okay. I guess that concludes all of those items. We'll go back to item five, which was pulled on a consent agenda. Ms. Victoria Peterson, she's here. Item five. This is 2015-16 budget development guidelines. Ms. Peterson, you have three minutes. Yes, thank you, Mr. Mayor and city council members. I'd just like to ask, going a little bit over this, I know many of us, Mr. Mayor, have asked the city council to look at and to look, to make me put in a few dollars, a few thousand dollars I have asked myself for about five million dollars to be set aside for rehabilitation of our men and women who are caught up in the criminal justice system. And I'm seeing here looking on some of your suggestions of the revenue, I'll tell you, I don't know if the city, the people out there in the community can see this, but I'm hoping that they will go out to the website. The city is really generating a lot of monies, 142.9 million dollars, looks like last year, Mr. Bonfield, from just two sources of taxes, property taxes and our local sale taxes. And Mr. Mayor, the community, the homeowners, we are putting a lot of monies into this community, a lot of monies. And I would like to see some of these dollars set aside over the next several years for rehabilitation of our young men and women who are caught up in the criminal justice system. I live in the African American community and for the last several years, our community has been barred by crime, big time crime, shooting, murders. It is really unbelievable. And I know that the mayor is working on his poverty initiative. And I know this is just a tentative budget, Mr. Brown and Mr. Davis. But I don't see anything here, anything seriously being set aside of what has been shown right now to the public. So I'm just asking again, that this council, because I only have a few minutes, seriously start looking at, I don't know if any of you looked at CNN this week. CNN did a little special. Right now in the United States, we have 2.5 million people in this country that are incarcerated. Your developed countries do not treat persons how we do. And matter of fact, when they incarcerate their persons, the max is about 18 months. Those who murder, they may get a little bit more time. And their system, Mr. Mayor, is really to work with those individuals. And matter of fact, their prisons, what we call prisons, are like college dormitories. And I encourage you, and I know most of you probably very savvy, go out there on the internet and try to pull that up. The special that CNN did the other day. This country is gonna have to do something about our jails and prisons. And particularly how it is really devastating the African-American community. These young men, when they are labeled felons, it is impossible, impossible, impossible, impossible for them to get employment. So I'm asking the city council to please look at that when you're dealing with your budget to set some dollars aside for job training. Thank you. Thank you, Mr. Peterson. I did see the CNN report, and I saw the two Supreme Court justices were speaking on it. Entertain a motion on item five. Move the item. Second. It's been properly moved to second. Madam Clerk, will you open the vote? Close the vote. It passes seven to zero. I recognize councilwoman Coutty. I guess I just wanted to make a comment for those in the listening audience that this was budget guidelines that staff will then use to go prepare the budget. There are additional public hearings coming up, and the budget won't be passed until June 18th or 21st. So we appreciate your remarks. Thanks. Thank you. Mr. Peterson, you pulled item 12, 2015, high-intensity drug trafficking area grant award. Yes, Mr. Mayor. I know I'm gonna get myself in trouble, but I hope I will not. As a Christian person, I really understand about embracing something that is really wrong, something that can harm you. But I think Durham needs to step up to the plate. So here it is. As a Christian person, I believe that this community really needs to look at allowing drugs when persons are being arrested or have been accused. I think, I hate to say that we need to use the blind eye. We have lost the war on drugs in this community, particularly in the African-American community. And the kind of monies that's coming into the community because of drugs and how these drug dollars are being used, very little bit of the drug dollars are being used for rehabilitation. I understand that some of these dollars are gonna be used, Mr. Mayor, for overtime and for some other things that the police department may need. But I have a problem when dollars are being taken and used and then those dollars come back and to be used, what I feel is to continue to fund policing, policing, policing, to run after young men who have a few ounces of drugs and even those persons who may be selling the drugs. Now North Carolina, I believe, is one of the states, Mr. Mayor, if you have a medical illness, you can actually purchase drugs from your doctor. Don't wanna be wrong on that, but the city council members can investigate that. I do believe that the legislature last year passed something on that. Some of the other states have already done that, Mr. Mayor. I'm just very concerned that as we're getting these drug dollars from the criminals and from the drug monies, that those dollars really need to come back to rehabilitate those communities that have been affected over the years because of the drugs. And that these dollars be really looked at on how the police department will be using these dollars and their recommendation. And I just don't see that yet, Mr. Mayor. I'm not trying to beat up on the police department. I wanna try to heal my community. The community that I live in, that many of you up here also live in, because many of you also live in the African American community. And you know that we're plagued by this problem about drugs. And the only way to really deal with it is to just to go ahead and legalize it. And legalize it could also mean, Mr. Mayor, no, you don't stamp it that you're legalizing it, but you will tell the police officers, we no longer want to charge persons in Durham for using drugs. That's what I'm asking for. Thank you, Mr. Peterson. You're welcome, Mr. Mayor. I heard a motion to move the second. It's been a property move in the second. Madam Clerk, will you open the vote? The close the vote? It passes seven and zero. Any other items that come before the council? Not. We're adjourned at 8.07 p.m. Go do. Go on, cheese and crackers. I'll bring the crackers. You gonna bring the crackers?