Minutes Mooresville Board of Commissioners February 2, :00 p.m. Mooresville Town Hall

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1 Mooresville February 2, :00 p.m. Mooresville Town Hall Agenda Briefing Friday, January 30, :30 a.m. Mooresville Town Hall Present: Mayor Miles Atkins. Commissioners Mac Herring, David Coble, Eddie Dingler, Thurman Houston, Town Manager Erskine Smith and Town Attorney Stephen P. Gambill. Absent: Commissioners Bobby Compton and Lisa Qualls. Also Present: Ryan Rase, Deputy Town Manager Public Services; Curt Deaton, Fire Chief; Carl Robbins, Police Chief; Jeff Brotherton, IT Manager; Deborah Hockett, Finance Director; Dick Poore, Recreation Director; Tim Brown, Senior Planner; Craig Culberson, Senior Planner; Keli Greer, Human Resource Director; Kim Sellers, Public Information Officer; Janet Pope, Town Clerk. 1. Jim Prosser with Centralina Council of Governments presented the Community Based Housing Strategy Pilot Project for the Town of Mooresville. 2. Bob Henderson with Centralina Council of Governments presented the Administrative Pay and Classification Study. 3. Staff was present to address any questions or concerns pertaining to the agenda. Mayor Atkins adjourned the briefing at 9:45 a.m. Regular Meeting 6:00 p.m. Mooresville Town Hall Present: Mayor Miles Atkins. Commissioners Lisa Qualls, David Coble, Mac Herring, Thurman Houston, Eddie Dingler, Bobby Compton, Town Manager Erskine Smith and Town Attorney Stephen P. Gambill. Also Present: Ryan Rase, Deputy Town Manager Public Services; Curt Deaton, Fire Chief; Deborah Hockett, Finance Director; Carl Robbins, Police Chief; Craig Culberson, Senior Planner; Dick Poore, Recreation Director; Tim Brown, Senior Planner; Maureen Gable, Planner; Keli Greer, Human Resource Director; Kim Sellers, Public Information Officer; Janet Pope, Town Clerk. Public Comment: No public comment. Mayor Atkins called the meeting to order at 6:00 p.m. Steve Gambill gave the invocation. Mayor Atkins led the Pledge of Allegiance. 1. Fire Chief Curt Deaton recognized Rosemary Correa for her heroism in saving a man s life.

2 2. Adjustments to the Agenda. Action: A motion by Mr. Houston, seconded by Mr. Compton, to approve the Agenda and the Consent Agenda with the following adjustments was unanimously approved. A. Add Employee Recognition Steve Gambill, Outstanding Faculty Member of 2014 at Gardner Webb University. B. Add Consent Agenda Item n. - Consider accepting a Cal Ripken, Sr. Foundation Badges for Baseball grant in the amount of $4,702 for equipment, services, uniforms, trophies, etc. No matching funds are required. C. Add Consent Agenda Item o. - Consider authorizing the Mayor to execute the One NC Local Government Grant Agreement in the amount of $45,000 for Harvest Garden Pro LLC and the Department of Commerce. D. Add Consent Agenda Item p. - Consider the following request for utility service based on the Sewer Allocation Policy adopted on February 11, Double rates will apply until annexation. 1. Hinckley Gauvain LLC (water and sewer) Rankin Hill Road (171 acres) PIN s , Hinckley Gauvain LLC (water and sewer) Preston Road (6.8 acres) PIN Water and sewer will have to be extended at the developer s expense. Voluntary annexation petitions have been filed in accordance with the Town of Mooresville Utility Extension Policy. Annexation will be considered in June E. Add to Regular Agenda - Environmental Protection Commission One Appointment, Term expires Peter Heim Matthew Wilson F. Move Closed Session Item 16B, Consult with Attorney, after Regular Agenda Item Consent Agenda Items Approved: a. Minutes from December 11, 2014 and December 15, b. Adjustments to the Town Tax Scroll for 2014: Releases $ Additions - $ Vehicles $155, c. Approved a request from the Police Department for a budget amendment in the amount of $33,700 for the purchase of an Automated Vehicle Locator (AVL) system. The system will provide police communications with the location of officers in real-time and will allow dispatchers to choose and send the closest available officer. It is also a safety feature in the event an officer does not have the ability to give his or her location. All patrol units and vehicles operated by Community Resource Officers will be equipped with the technology. d. Awarded a contract to Clark Powell Audiovisual Technologies and Systems in the amount of $36,381 for the installation of a high definition video production system in the Executive Board Room. Funds were approved in the 2015 budget. 2

3 e. Adopted the Iredell-Rowan Hazard Mitigation Plan Resolution. The Federal Disaster Mitigation Act of 2000 states that local governments must develop an All-Hazards Mitigation Plan in order to receive future Hazard Mitigation Grant Program Funds and other disaster related assistance funding. f. Approved a budget amendment in the amount of $30,000 for Phase 1 of the Communitybased Housing Strategy Pilot Project and a Statement of Work with Centralina Council of Governments. The plan is to solicit contributions from the private sector to cover the cost of the project. Funds for Phases 2 and 3 will be included in next year s budget with contributions covering a majority of the cost. g. Approved an Agreement with Our Towns Habitat for Humanity to partner in the rehabilitation of 506 Biltmore Street. The partnership will utilize federal HUD HOME program income generated from the recent sale of lots within the Burke Crossings subdivision. HUD regulations require that these funds cycle back into project activities that meet HOME funding criteria. Under the proposed agreement, the Town s contribution is not to exceed $68,000. The Town will become the project sponsor. h. Approved a request from the Mooresville Downtown Commission to petition NCDOT to close Main Street from Iredell Avenue to Institute Street and the intersection of Main Street and Iredell Avenue on Saturday, March 7, 2015 from 2:00 p.m. to 4:00 p.m. for a St. Patrick s Day Parade. i. Implemented the Administrative Pay and Classification Study as presented by Bob Henderson, Centralina Council of Governments, at the pre-agenda meeting on January 30, j. Reduced the following bond amount: Hunter Construction Courtyards at Brawley Point Reduction from $268,549 to $184, all infrastructure in Phase 1 has been installed, inspected and found to meet Town standards. All roadway, sidewalk and storm drainage infrastructure will remain privately owned by the developer. Bond k. Approved a request from the Mooresville Historic Preservation Commission for permission to apply for an FY 2015 Federal Historic Preservation Fund grant to fund a local architectural survey of historically significant properties within the Town and immediate vicinity for an amount of $25,000. The reimbursement grant will not exceed $15,000. l. Called for a Public Hearing on March 2, 2015 to consider awarding a Certificate of Public Convenience and Necessity to Yellow Cab of Lake Norman for the addition of 14 vehicles to his fleet. m. Approved the following request for utility service based on the Sewer Allocation Policy adopted on February 11, Double rates will apply until annexation. 1. MI Homes (water and sewer) North Main Street and Neel Ranch Road (1.7 acres) PIN (portion of) Water and sewer will have to be extended at the developer s expense. A voluntary annexation petition has been filed in accordance with the Town of Mooresville Utility Extension Policy. Annexation will be considered in June n. Accepted a Cal Ripken, Sr. Foundation Badges for Baseball grant in the amount of $4,702 for equipment, services, uniforms, trophies, etc. No matching funds are required. 3

4 o. Authorized the Mayor to execute the One NC Local Government Grant Agreement in the amount of $45,000 for Harvest Garden Pro LLC and the Department of Commerce. p. Approved the following request for utility service based on the Sewer Allocation Policy adopted on February 11, Double rates will apply until annexation. 1. Hinckley Gauvain LLC (water and sewer) Rankin Hill Road (171 acres) PIN s , Hinckley Gauvain LLC (water and sewer) Preston Road (6.8 acres) PIN Water and sewer will have to be extended at the developer s expense. Voluntary annexation petitions have been filed in accordance with the Town of Mooresville Utility Extension Policy. Annexation will be considered in June Town Manager Erskine Smith recognized Town Attorney Steve Gambill as the outstanding Faculty Member of 2014 at Gardner Webb University. 5. Deborah Hockett, Finance Director, presented the Financial Summary Report for six months ending December 31, Manager s Report: Mr. Smith reported no Board meeting on February 16, Board Retreat is February at Graylyn Conference Center, Music on Main continues on Friday, Mazeppa Road will be closed on February 16-18, armed robbery suspects have been arrested and recognized Deborah Hockett for her work on the bonds. 7. Robert Taylor and Meredith Daly with Potter & Company presented the annual audit for the Mooresville/Lake Norman Travel and Tourism Bureau. Chairman Ron Johnson and Executive Director Leah Mitcham presented the annual report for fiscal year Continuation of a Public Hearing to consider a Conditional Rezoning request from Alcove Langtree Properties, LLC. This Public Hearing was continued at the October 6, 2014 and December 15, 2014 to the February 2 Board meeting for the presentation of new information. Mayor Atkins reopened the Public Hearing at 6:35 p.m. The applicant is requesting the public hearing be continued to the March 2, 2015 Board meeting. Action: A motion by Mr. Coble, seconded by Mr. Compton, to continue this Public Hearing to the March 2, 2015 Board meeting was unanimously approved. 9. Public Hearing to consider an Establishment of Zoning request from Development Services. Mayor Atkins opened the Public Hearing at 6:36 p.m. 4

5 Craig Culberson presented the request. There was no public comment. Mayor Atkins closed the Public Hearing at 6:42 p.m. Action: A motion by Mr. Coble, seconded by Mr. Houston, to approve the Establishment of Zoning subject to staff recommendations was unanimously approved. The properties located along the Cornelius Road and Mazeppa Road connector area are further referenced by the following Iredell County Tax Map PIN s: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , The properties were rezoned to Town of Mooresville R2. Iredell County Tax Map PIN s: , , , The properties were rezoned to Town of Mooresville NMX. Iredell County Tax Map PIN s: , The properties were rezoned to Town of Mooresville CMX. Iredell County Tax Map PIN s: , , The properties were rezoned to Town of Mooresville CMX-C with the following conditions that were applied to the properties by Iredell County on March 6, Uses limited to office and retail uses along frontage and mini-warehouses to rear of the property. 2. Office and retail limited to 3,300 square feet. 3. Mini-warehouse limited to 70,000 square feet. 4. Site specific plan. 10. Public Hearing to consider a Text Amendment to the Mooresville Zoning Ordinance. Mayor Atkins opened the Public Hearing at 6:43 p.m. Maureen Gable presented the request. There was no public comment. 5

6 TA proposed power that health, safety Table Dimensional Standards, Chapter 5, Table Table of Allowed Uses; Utilities (B); (2) Utilities (A) Major Utility; Table of Permitted Accessory Uses; Specific Standards for Certain Accessory Uses (17) Solar Accessory Structures; Chapter 6, Building Form Standards, Materials; Chapter 13, Definitions; Chapter 14, Solar Energy Systems; Chapter 15, Appendix The text amendment will address rising interest and use of solar promotes economic development while protecting the and welfare of our community. Mayor Atkins closed the Public Hearing at 7:49 p.m. Action: A motion by Mr. Herring, seconded by Mr. Compton, to approve the Statement of Reasonableness and the following Text Amendment subject to staff recommendations was unanimously approved. TA Table Dimensional Standards, Chapter 5, Table Table of Allowed Uses; Utilities (B); (2) Utilities (A) Major Utility; Table of Permitted Accessory Uses; Specific Standards for Certain Accessory Uses (17) Solar Accessory Structures; Chapter 6, Building Form Standards, Materials; Chapter 13, Definitions; Chapter 14, Solar Energy Systems; Chapter 15, Appendix The approved text amendment will address rising interest and use of solar power that promotes economic development while protecting the health, safety and welfare of our community. 11. Public Hearing to consider a Text Amendment to the Mooresville Zoning Ordinance for the Alcove Road Overlay. Mayor Atkins opened the Public Hearing at 6:50 p.m. Tim Brown presented the request. TA Chapter 4, Alcove Road Corridor Overlay District The proposed text amendment will serve as policy to guide the regulation and management of emerging development along the Alcove Road corridor. John Ong said he was an advocate of the small area plan. His purpose tonight is to indicate that he thinks the overlay district itself can be better and more closely in line with the goals of the small area plan. The small area plan is essentially nothing more than the goals and aspirations for the area. The individual parcels of land within that area have individual zoning classifications that give them certain rights and limitations. Nothing about the overlay district changes the individual zoning classifications. The overlay district provides teeth and formal structure to what can be done within the small area plan district. It gives consistency and guidance to developers and the public as what to expect. The overly district only has a restriction within 50 feet of a residential structure. It should do more than that. Why not simply state what limitations there are. 6

7 This is a very valuable area. It needs to be developed well. This is your chance to do it correctly. It should more thoroughly address height and uses. There is nothing that addresses the 25 foot of open space requirement that s called for in the small area plan. Action: A motion by Mr. Coble, seconded by Mr. Compton, to continue this Public Hearing to the March 2, 2015 Board meeting was unanimously approved. 12. Closed Session - G.S Consult with Attorney G.S (a)(3) Action: A motion made by Ms. Qualls, seconded by Mr. Herring, to go into closed session to 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. 13. Following the closed session, the Board returned to open session. 14. Final Assessment Resolution Regarding the Special Assessments Requested Pursuant to the Petition of Langtree Development Company LLC. At its December 1, 2014, meeting the Town Board received a report from the SAID Financing Committee concerning the request of Langtree Development Company, LLC. After hearing this report, the Board adopted a Preliminary Resolution concerning such special assessments and ordered that a public hearing for matters covered under the Preliminary Resolution be set for January 5, Such public hearing was continued until January 20 at which time such hearing was held where the applicant and members of the public were asked to offer information and comments on the application. This is before the Board for a vote on the final assessment resolution. This resolution is part of the statutorily mandated process in order to secure financing related to this application. This resolution is not the final step in the process; if adopted, this matter will come back before the Board for confirmation of the final assessment roll (i.e., confirmation of the properties subject to being assessed) and if approved by the North Carolina Local Government Commission, the Board must then consider whether to adopt a revenue bond order approving the sale of bonds necessary for the financing requested by the applicant. Action: A motion by Mr. Herring, seconded by Ms. Compton, to adopt the Final Assessment Resolution regarding the special assessments requested pursuant to the petition of Langtree Development Company LLC was unanimously approved. 7

8 15. Change Order 1 Garland/DBS Inc. Minutes Consider Change Order 1 to the Garland/DBS Inc. contract in the amount of $3,266 for additional work at Water Treatment Plan #1. This will increase the contract amount from $268,458 to $271,724. The contract approved on November 17, 2014 was to repair/ replace roofs at the War Memorial, Town Hall, Water Treatment Plant #1 and Water Treatment Pump Building as follows: War Memorial $ 37,954 Town Hall $149,681 Water Treatment Plant #1 $ 58,398 Water Treatment Pump Building $ 22,425 Action: A motion by Mr. Herring, seconded by Mr. Dingler, to approve Change Order 1 to the Garland/DBS Inc. contract in the amount of $3,266 for additional work at Water Treatment Plant #1 was unanimously approved. 16. Appointment to Boards and Commissions. Mooresville Environmental Protection Commission One appointment, Term will expire 6/30/2016. Peter Heim Matthew Wilson Action: A motion by Mr. Herring, seconded by Mr. Compton, to appoint Matthew Wilson to the Mooresville Environmental Protection Commission was unanimously approved. 17. New Business No new business. 18. Closed Session - G.S Economic Development G.S (a)(4) Action: A motion made by Ms. Qualls, seconded by Mr. Compton, to go into closed session to discuss economic development 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. 8

9 19. Following the closed session, the Board returned to open session. Action: A motion made by Mr. Herring, seconded by Mr. Compton, to adjourn the meeting was unanimously approved. The meeting adjourned at 8:51 p.m. Janet Pope Town Clerk Miles Atkins Mayor 9