Minutes Mooresville Board of Commissioners October 5, :00 p.m. Mooresville Town Hall

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1 Mooresville 6:00 p.m. Mooresville Town Hall Agenda Briefing Friday, October 2, :30 a.m. Mooresville Town Hall Present: Mayor Miles Atkins. Commissioners Thurman Houston, Eddie Dingler, Lisa Qualls, Mac Herring, David Coble, Bobby Compton and Town Attorney Stephen P. Gambill. Absent: Town Manager Erskine Smith. Also Present: Allison Kraft, Senior Engineer; Curt Deaton, Fire Chief; Carl Robbins, Police Chief; Barry McKinnon, Public Utilities Director; Craig Culberson, Senior Planner; Ryan Rase, Deputy Town Manager; Deborah Hockett, Finance Director; Jeff Brotherton, IT Director; Dick Poore, Recreation Director; John Finan, Public Works Director; Kim Sellers, Public Information Officer; Janet Pope, Town Clerk. 1. Allison Kraft presented an update on the Dye Creek Greenway Project. The Board would like to move forward with Funding Option A. (attachment) 2. Staff was present to address any questions or concerns pertaining to the agenda. 3. Quarterly Finance Report: Revenue update and policy considerations for The Charles Mack Citizen Center, project update for the Transportation General Obligation Bond, dashboard presentation, utility billing and Enterprise Fund Bond Rating Report. Mayor Atkins adjourned the briefing at 10:35 a.m. Regular Meeting 6:00 p.m. Mooresville Town Hall Present: Mayor Miles Atkins. Commissioners Lisa Qualls, David Coble, Mac Herring, Bobby Compton, Thurman Houston, Eddie Dingler and Town Manager Erskine Smith. Absent: Town Attorney, Stephen P. Gambill. Also Present: Carl Robbins, Police Chief; Craig Culberson, Senior Planner; Curt Deaton, Fire Chief; Ryan Rase, Deputy Town Manager; Dick Poore, Recreation Director; Allison Kraft, Senior Engineer; Angel Wright-Lanier, Deputy Town Manager; Kim Sellers, Public Information Officer; Janet Pope, Town Clerk. Public Comment: No public comment. Mayor Atkins opened the meeting at 6:00 p.m. David Coble gave the invocation. Mayor Atkins led the Pledge of Allegiance. 1. Adjustments to the Agenda.

2 Action: A motion by Mr. Compton, seconded by Ms. Qualls, to approve the Agenda And the Consent Agenda as presented was unanimously approved. 2. Consent Agenda Items Approved: a. from September 8, 2015 and September 21, b. Adjustments to the Town Tax Scroll for (attachment) Releases $ Additions $5, Vehicles $226, Public Assessment and Levy - $29,690, c. Approved a Locally Administered Project Agreement with NCDOT for the 79% reimbursement (up to $801,996) of eligible construction expenses for the Mooresville School Sidewalk Network (C-5531) from federal Congestion Mitigation and Air Quality (CMAQ) funding and Amendment 1 to the Mooresville School Network Sidewalk Capital Project Budget Ordinance. (attachment) d. Adopted a resolution amending Chapter 13, Article II, Historic Preservation of the Code of Ordinances to allow members of the commission to serve three (3) year terms instead of four (4) year terms as stated in Section 13-30(c). Three year terms are standard for appointed boards and commissions. (attachment) e. Approved Amendment 2 to the Ramey Kemp & Associates Inc. contract in the amount of $1, for preliminary engineering and environmental services for NC 115 and Faith Road/Campus Lane Intersection Improvement. This amendment will increase the contract amount from $118, to $120, This fee increase is covered under the project budget ordinance and these expenses are eligible for 75% CMAQ reimbursement. (attachment) f. Approved a request from Public Works and the Thomas John Development Company to create a two-hour parking zone in front of their building at 427 East Statesville Avenue. The zone will be for five (5) parking spaces and will be posted 2-Hour Parking from 6 a.m. to 4 p.m. Monday through Friday. They are having issues with students parking in the area and a restaurant will be opening soon. g. Approved a request from Public Works to award a contract to US Infrastructure in the amount of $59,300 for a pavement ($18,300) and sidewalk ($41,000) survey. Funds are budgeted in the Powell Bill Budget. h. Approved a supplement agreement to the Locally Administered Project Agreement between the Town and NCDOT that was approved on October 7, 2013 and Amendment 1 to the NC 115 and NC 150 Intersection Improvements Capital Project Budget Ordinance. NCDOT is adding $397,883 in CMAQ funding to the 115/150 Intersection Improvement Project (C-5200). This increases the total amount available for the 76% reimbursement of project costs to $1,398,782. (attachment) i. Approved the following changes to the Town s Pay and Classification Plan due to reorganization at the Library: 1. Retitled the Assistant Director/Library Technology (Pay Grade 356; $50,604-$79,142) to Assistant Library Director. No change in pay grade. (attachment) 2. Retitled Librarian-Head of Adult Services (Pay Grade 352; $41,632-$65,111) to Librarian-Head of Digital and Technical Services. No change in pay grade. (attachment) 2

3 j. Approved a supplement agreement to the Locally Administered Project Agreement between the Town and NCDOT that was approved on October 7, 2013 and Amendment 2 to the NC 115 and Faith Road Intersection Improvements Capital Project Budget Ordinance. NCDOT is adding $153,625 in CMAQ funding to the 115/Faith Intersection Improvement Project (C-5529). This increases the total amount available for the 75% reimbursement of project costs to $1,133,625. (attachment) k. Appointed Jennifer Warren to the Capital Improvement Program (CIP) Advisory Committee due to a vacancy. l. Approved the offering for dedication the Connector Road to the North Carolina Department of Transportation, including any rights-of-way, and authorize the Town Manager to convey such offer to the Department of Transportation. m. Approved a Developer s Agreement between Community Foundations, Inc., Mooresville Christian Mission, Inc. and the Town of Mooresville to establish a formal partnership to construct a pilot home for the Homeless to Homeownership project. (attachment) n. Approved Amendment 1 to the WSP USA Corp. contract in the amount of $10, for preliminary engineering and environmental services for the NC 150/NC 115 Intersection Improvement. This amendment will increase the contract amount from $126, to $136, This fee increase is covered under the project budget ordinance and these expenses are eligible for 76% CMAQ reimbursement. (attachment) o. Approved Amendment 2 to the 2015 Street Bonds Capital Project Budget Ordinance in the amount of $2,097,376. (attachment) 3. Financial Summary Report for two months ending August 31, (attachment) 4. Manager s Report. Mr. Smith gave a weather recap for the weekend, walkability event on Wednesday, MSI Chamber Business Expo on Thursday, Veterans Day Celebration on November 11, Sister Cities visitors from Germany will arrive on Thursday and the process for recruiting a Police Chief is moving forward. 5. Public Hearing to consider a Rezoning request from MGP Retail Consulting LLC. Mayor Atkins opened the Public Hearing at 6:05 p.m. Mr. Culberson presented the request. There was no public comment. Chris Capellini with Bohler Engineering represents the applicant. He feels like they have a better site plan this time. He had a PowerPoint presentation of the project for the Board to review. The TIA has been approved. The driveway has shifted to the north for easier access with connectivity to the north parcels. Mayor Atkins closed the Public Hearing at 6:18 p.m. Action: A motion by Mr. Coble, seconded by Ms. Qualls, to approve the Statement of Reasonableness and the Rezoning request subject to staff recommendations was unanimously approved. The property located at 197, 207 and 211 Williamson Road is further referenced by Iredell County Tax Map PIN s , and The property was rezoned from R2 (Single Family Residential-2) to CMX-C (Corridor Mixed Use with Conditions). (attachment) 3

4 6. Public Hearing to consider a Text Amendment to the Mooresville Zoning Ordinance. Mayor Atkins opened the Public Hearing at 6:19 p.m. Mr. Culberson presented the request. There was no public comment. TA facilities. Chapter 5: Allowed Uses; Chapter 6: Architectural Standards; Chapter 9: Development Standards; Chapter 13: Definitions - The proposed text amendment will bring the Mooresville Zoning Ordinance into better alignment with North Carolina Statutes regarding group home Mayor Atkins closed the Public Hearing at 6:22 p.m. Action: A motion by Mr. Houston, seconded by Mr. Compton, to approve the Statement of Reasonableness and the following Text Amendment subject to staff recommendations was unanimously approved. TA Chapter 5: Allowed Uses; Chapter 6: Architectural Standards; Chapter 9: Development Standards; Chapter 13: Definitions - The approved text amendment will bring the Mooresville Zoning Ordinance into better alignment with North Carolina Statutes regarding group home facilities. (attachment) 7. Public Hearing Ordinance to Demolish 330 Mackey Avenue. Mayor Atkins opened the Public Hearing at 6:23 p.m. Mrs. Kraft presented the request. On April 27, 2015, a Complaint and Notice of Hearing was sent via certified mail to the owners of record for the property and was personally served on May 8, The hearing was conducted on May 18, 2015; however neither owner attended. On May 19, 2015, the Code Enforcement Officer determined that the structure was dilapidated and stated in writing the findings of fact in support of such determination and served the owners with an order to repair or demolish the structure by August 19, To date no repair has been made and no plans have been submitted for permitting of required repairs. The structure remains vacant and uninhabitable and continues to deteriorate. Ronald McLean is a co-owner of the building. Due to some research, the front part of the store is the oldest remaining wooden structure in town. As far as being abandoned, they have it full of stuff, some antiques, some junk. It was remodeled in 1969 and all the wiring is in conduit so no wiring is exposed. It needs a lot of repair. He has created a go-fund-me page and is in the process of working with a group that restores old buildings. He would like to have a little more time to see if they can save it. Paul Streeter is a property owner on Patterson Avenue across the street from Cook s Grocery. When he bought his property 18 years ago, the Cook s grocery store was in need of repair. It needed a new roof, a coat of paint but 18 years ago this building could have been saved. He 4

5 has mixed emotions about tearing it down. It represents a small piece of Mooresville s history. Today it is a health hazard, an eyesore and embarrassment to the residents and businesses north of downtown Mooresville. This building needs to be demolished now. Mayor Atkins closed the Public Hearing at 6:39 p.m. Action: A motion by Mr. Houston, seconded by Mr. Dingler, to adopt a resolution enacting an ordinance ordering the demolition of the abandoned structure at 330 Mackey Avenue was unanimously approved. (attachment) 8. New Business No new business. 9. Closed Session G.S A. Economic Development G.S (a)(4) B. Consult with Attorney G.S (a)(3) Action: A motion by Mr. Dingler, seconded by Ms. Qualls, to go into closed session to discuss economic development and consult with attorney was unanimously approved. MINUTES FOR THE CLOSED SESSION HAVE BEEN RECORDED AND SEALED UNTIL PUBLIC INSPECTION WILL NO LONGER FRUSTRATE THE PURPOSE OF THE CLOSED SESSION. 10. Following the closed session, the Board returned to open session. Action: A motion by Mr. Coble, seconded by Ms. Qualls, to approve a Tax Incentive Agreement between the Town and the County of Iredell, Langtree Development Company LLC (the Developer) and Developer s affiliates, Langtree HUD Development Company LLC and Langtree Office Center LLC providing for a grant installment to the Developer and its affiliates equal to 45% of the incremental tax increase amount of the Town based on the tax rate as of June 30, 2015 for that fiscal year provided that any amounts paid by the Town and the County combined do not exceed $14,500,000 or 13 annual payments, whichever should first occur was unanimously approved. Action: A motion by Mr. Compton, seconded by Mr. Dingler, to approve an agreement with Don Dimperio in the amount of $55,125 and ADW Architects, PA in the amount of $87,627 for the purchase and transfer of architectural plans and drawings prepared for Mr. Dimperio by ADW regarding a municipal golf course club house and a budget amendment in the amount of $142,752 was unanimously approved. (attachment) 5

6 Action: A motion by Mr. Compton, seconded by Ms. Qualls, to adjourn the meeting was unanimously approved. The meeting adjourned at 7:33 p.m. Janet Pope Town Clerk Miles Atkins Mayor 6