CITY OF LEXINGTON CITY COUNCIL JUNE 24, Regular Meeting City Hall 7:00 PM
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1 CITY OF LEXINGTON CITY COUNCIL JUNE 24, 2013 Regular Meeting City Hall 7:00 PM Vernon G. Price, Jr. City Council Chamber 28 West Center Street, Lexington, NC I. CALL TO ORDER Absent: None. DIGEST OF ACTION II. III. IV. INVOCATION Councilor Tonya Lanier. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. City Council Regular Meeting - June 10, 2013 Approved. V. PETITIONS FROM CITIZENS Members of the public may address the City Council on items not listed on the printed agenda. Please state your name, address, and observe the three-minute time limit. Bob Robbins of Fletcher, NC, thanked the City of Lexington and the Lexington Housing CDC for supporting the 2013 Group Workcamp. Mr. Robbins stated that he is honored to be a part of this extraordinary youth outreach program. Approximately 330 teenagers and youth members from many states including Arizona, Wisconsin, Illinois, just to name a few, began work today on the mission of repairing approximately 51 homes within one week throughout Davidson County. VI. VII. ADOPT AGENDA Adopted. RECOGNITIONS/PROCLAMATIONS 1. Recognitions - Lexington Area Chamber of Commerce, Lexington City Schools and Uptown Lexington, Inc. Representatives Recognized Board Member Pam Myers, representing Lexington Area Chamber of Commerce, and Board Member Reynolds Shoaf, representing Uptown Lexington, Inc. Board Member Scott Biesecker, representing Lexington City Schools, was absent; however, Board Member Miles Cleckley represented Lexington City Schools on his behalf. 2. Proclamation - Summer Day Camp Olympic Games - June 28, 2013 Councilor Myers read proclamation and present to Tammy Curry, Lexington Parks and Recreation Program Director. Also in attendance were three Summer Day Camp participants. 3. Proclamation - Independence Day - July 4, 2013 Mayor Clark read proclamation. City of Lexington Page 1
2 VIII. PUBLIC HEARINGS 1. Public Hearing Close Out 2011 Economic Development Community Development Block Grant for Lowe s Natural Gas Expansion Project Held public hearing to receive citizen input concerning close out of the 2011 Economic Development Community Development Block Grant, Project #11-E- 2264, for the natural gas pipeline extension to Lowe's Companies millwork facility. There were no speakers. Grant Administrator Steve Austin was present. No action needed. 2. Public Hearing Resolution and Order to Permanently Close Portion of HARGRAVE ST. between W. 3RD AVE. and W. 4TH AVE. J. Smith Young YMCA, Inc. Resolution No Held public hearing to receive citizen input on the request by J. Smith Young, YMCA, Inc. to close a portion of HARGRAVE ST. between W. 3RD AVE. and W. 4TH AVE. Speakers were: 1. Ryan McNeil, Attorney with Brinkley Walser, LLC, and legal counsel for J. Smith Young YMCA, Inc. spoke in favor of the petition and Order to Close Portion of Hargrave Street as requested. 2. Gene Klump, YMCA President/CEO, spoke in favor of the petition adding that renovations are essentially needed to be ADA compliant and for the safety of the children who frequent the YMCA on a daily basis. 3. Donna Smith, Architect with Ramsey, Smith, and Burgess, and architect assigned to the YMCA renovation project, gave a brief presentation of the scope of the project. 4. David Apple, 615 Peachtree Street, spoke in opposition of the proposal stating that the YMCA funds should be used more on upgrading the pool to higher standards and that other consideration should be given to making Hargrave Street one-way due to the fact that members of First Lutheran Church will have difficulty exiting the church parking lot. 5. Rev. Ray Howell, Pastor of First Baptist Church, spoke in favor of the petition and explained this expansion would not only enhance the community s livelihood but also would preserve safety for children in that area. Rev. Howell stated that members of the church support this proposal. 6. Robin Team, 102 Acacia Circle, spoke in support of the petition and indicated it is a discernment to Lexington and its citizens that its local YMCA facility is not ADA compliant or that the swimming area does not City of Lexington Page 2
3 provide for family participation in their children s activities due to a lack of space. There being no other speakers, Mayor Clark closed the public hearing. Adopted Resolution No , Resolution and Order to Permanently Close, to close a portion of HARGRAVE ST. between W. 3RD AVE. and W. 4TH AVE. as requested by J. Smith Young, YMCA, Inc. IX. REGULAR BUSINESS 1. Make Appointments to Lexington City Government Youth Council Appointments for the LCGYC, consisting of 1-year terms from July, 2013 through June 30, 2014, were made as follows: Appointed: Josey Parker, 19 Williams Circle (Mayor) Reappointed: Derell (DJ) Pittman, 513 Moore Drive Ward 1 (Reid) Reappointed: Arefa Bacchus, 502 Quail Lane Ward 2 (McBride) Deferred until next meeting Ward 3 (Bunce) Appointed: Sam Sharpe, 309 Hillcrest Drive Ward 4 (Alley) Reappointed: Jerel Smith, 21 Jamaica Drive Ward 5 (Lanier) Reappointed: Jack Davis, 312 Maegeo Drive Ward 6 (Phillips) Appointed: Lindsey Davis, 107 Highgate Lane At Large (Callicutt) Reappointed: Ashley Phillips, 109 Country Club Drive At Large (Myers) 2. Make Appointment to Davidson County Economic Development Commission Reappointed Tom Smith of 309 Balsam Drive to the Davidson County EDC as the City of Lexington s representative. Term will be for three-years, expiring December, Increase Lexington Housing Authority from Five to Seven Members with Established Terms - Resolution No M Bunce S Reid Adopted Resolution No to increase the Lexington Housing Authority membership from five to seven members with established five-year terms in accordance with N.C. General Statute, Chapter 157, Article 1, Housing Authorities Law. Mayor Clark appoint replacement due to vacancy on the Lexington Housing Authority for unexpired term of December, Mayor appointed Frank Stoner of 509 Long Street to fill an unexpired fiveyear term, expiring in December, Mayor Clark appoint two new members to the Lexington Housing Authority with five-year terms expiring December, Mayor appointed Sherraine McLean of 227 Mize Road to fill a new fiveyear term on the Lexington Housing Authority, with an expiration of December, City of Lexington Page 3
4 Mayor deferred the next new five-year appointment to the Lexington Housing Authority until a future meeting. 4. Contract with Lexington Housing Authority for Police Security Approved contract with Lexington Housing Authority to provide police security on a part-time basis using off-duty police officers at a rate of $32.00 per hour, with total costs not to exceed $33,000, beginning July 1, 2013, through June 30, 2014, contingent upon City Attorney approval. 5. Award Street Repair and Resurfacing Contract for 2013 Awarded Street Repair and Resurfacing contract for City-maintained streets for 2013 to Blythe Construction of Charlotte, NC, for a total contract cost of $554, Mayor Clark gave a brief public update on his meeting with NCDOT Division Engineer Pat Ivey regarding the recent paving of Main Street. 6. Approve Allocation from City Council Neighborhood Revitalization Funds for Donation to Lexington Housing Community Development Corporation (LHCDC) for 2013 Group Workcamp Resolution No M Callicutt S Myers Adopted Resolution No to approve allocation from City Council Neighborhood Revitalization Funds for donation, in the total amount of $1,500 ($300 from Mayor Clark; $150 each from Councilors Alley, Phillips, Bunce, Myers, Lanier, McBride, Reid and Callicutt) to the Lexington Housing CDC 2013 Group Workcamp Project. 7. Approve Landlord Estoppel, Agreement and Consent to Leasehold Mortgage with Supervalu Holdings, Inc. (Moran Foods, LLC D/B/A Save-A-Lot, Ltd.), 133 Lexington Parkway M Alley S Bunce Approved the Landlord Estoppel, Agreement and Consent to Leasehold Mortgage with Supervalu Holdings, Inc. (Moran Foods, LLC D/B/A Save-A- Lot, Ltd.) between the City of Lexington and Davidson County and authorized the Mayor to execute the documents as recommended by City Attorney. X. CONSENT AGENDA The following item(s) have either been recommended by the Lexington Utilities Commission, require a call for public hearing or are routine, non-controversial items. Consent Agenda item(s) will be enacted by one motion and one vote. There will be no separate discussion of item(s). If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. All items under the Consent Agenda were approved unanimously by one vote. No items were removed for discussion. 1. Ratify Execution of N.C. Department of Transportation (NCDOT) Right-Of-Way Encroachment Agreement for Existing Electric Utility Facilities - Mockwood Subdivision at Lois Reich Court (SR 1535) City of Lexington Page 4
5 Ratified execution of the N.C. Department of Transportation Encroachment Agreement with the City of Lexington for existing electric utility facilities for Mockwood Subdivision and Lois Reich Court (SR 1535). 2. Approve Year-End Budget Amendment for Fiscal Year Budget Ordinance No Adopted Budget Ordinance to make final adjustments to Fiscal Year budgets for the General Fund, Special Tax District Fund, Electric Fund, Water and Wastewater Fund, Group Insurance Fund and to close out two capital projects in the Electric CIP Fund and the Water and Wastewater CIP Fund. 3. Public Hearing and Second Reading - Amendment to City's Code of Ordinances, Chapter 6, Sign Regulations, Section 6.7.3, Business and Industrial Districts, Table of Permitted Signs and Regulations - Ordinance No Held first reading and called for a public hearing to be held on July 8, 2013, at 7:00 p.m. at City Hall for the purpose of receiving citizen input concerning adoption of Ordinance No to amend the Lexington Land Use (Zoning) Ordinance by amending Chapter 6, Sign Regulations, Section 6.7.3, Business and Industrial Districts, Table of Permitted Signs and Regulations. XI. City Manager's Reports 1. Status Report on Crisis Ministry of Davidson County Request for Funds City Manager gave a report on the Crisis Ministry request made at the June 10 th City Council meeting for additional funds to purchase new beds and a donation of City property. City Manager reported that the City of Lexington has supported the Crisis Ministry through its Grants to Agencies for over 20 years. In the upcoming fiscal year beginning July 1, 2013, an approved grant amount of $12,750 will be provided as one payment, instead of disbursing in increments, which is standard practice. City Manager does not recommend additional funding, and in light of the on-going depot district redevelopment project, he does not recommend donating the former water resources building, located at 201 E. First Avenue, to the Crisis Center. In addition, the City Manager suggested the Crisis Ministry consider joining United Way as a participating agency. 2. City Council Events for June Uptown Lexington, Inc. Annual Meeting - Wednesday, June 26, 2013, at 5:30 p.m. - Edward C. Smith Civic Center Olympic Games Opening Ceremonies - Friday, June 28, 2013, at 9:00 a.m. - Finch Park 2013 Group Workcamp Closing Ceremonies - Friday, June 28, 2013, at 7:30 p.m. in the Lexington Middle School Gymnasium For information only. 3. City Council Events for July City Offices to Close for Independence Day Holiday - Thursday, July 4, 2013 City of Lexington Page 5
6 Fantastic July 4 th Celebration - Thursday, July 4, 2013, from 6:00 p.m. to 9:30 p.m. Finch Park City-Wide Community Watch Meeting - Thursday, July 18, 2013, at 6:00 p.m. - Lexington Police Training Center Reminder - No Second City Council Meeting held in July Town Hall Meeting for Wards 1 and 2 - Thursday, July 25, 2013, at 7:00 p.m. - Robbins Recreation Center, 512 S. Hargrave Street For information only. XII. CLOSED SESSION In accordance with N.C. General Statute (a)(3) for the purpose of discussing matters relating to attorney-client privilege. Recessed into Closed Session. XIII. RECONVENE TO OPEN SESSION Reconvened to Open Session. XIV. ADJOURNMENT Adjourned. City of Lexington Page 6
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