Agenda about the City Council meeting of November 5, 2013

 This Agenda is about the Hickory City Council meeting that took place on the date listed above. City council meetings are held on the first and third Tuesdays of each Month in the Council Chambers of the Julian Whitener building.

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Here is a summary of the agenda of the meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below:

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Invocation by Rev. Paul Birkedal, Chaplain, Catawba Valley Regional Hospice

 City Council Action Agenda - November 5, 2013

Special Presentations
Mayor Wright recognized St. Stephens High School Civic Students and asked them to introduce themselves.

A. Presentation of Hunger and Homelessness Awareness Week Proclamation – Teena Willis, Housing Visions Continuum of Care, Casey McCall, Director of The Shelter of Hope-Salvation Army, and Barbara Rush, Director at Greater Hickory Cooperative Christian Ministries -  Mayor Wright read the proclamation and presented it to Teena Willis, Barbara Rush, Austin Pearce with the Hickory Soup Kitchen, Tu Moffat with Cooperative Christian Ministries and Gary Lee. Ms. Teena Willis informed Council of events that were scheduled for Hunger and Homelessness Awareness Week that they would like the community to participate in. On Sunday, November 17th, a Sunday morning service on the square with Our Father’s Pavilion; on Tuesday, November 19, bingo at the Hickory Soup Kitchen; on Thursday, November 21, a dramatic performance called “Throwing Stones” at the CVCC Main Campus in the East Wing Auditorium, which will be followed by a homeless panel discussion; on Saturday, November 23, a cookout at Grace House Day Shelter. Mayor Wright recognized former Mayor Bill McDonald and his wife Susan. He commented that we are glad to have them back in Hickory and back in Council Chambers. Mayor McDonald served for 20 years, which is a record for service as Mayor of Hickory.

Persons Requesting to Be Heard
Former Mayor Bill McDonald commented that this was the first time that he had the opportunity to be back in Council Chambers in two decades. He shared a story with the young people that were attending the Council meeting. When he was Mayor the Scouts would come to Council meetings working on their civic merit badge. He asked one of the scouts after a Council meeting if he enjoyed the meeting, and was it educational. The scout replied he would rather be doing his homework.

Mr. McDonald stated a number of weeks ago, he and his wife Susan had come to visit her mother. He read the Hickory Daily Record one morning, and on the front page of the newspaper were two articles challenging two members of Council, Alderwoman Patton and Alderwoman Fox, on some impropriety; which turned out to be absolutely false. In the article on Alderwoman Fox, there were mentioned some of the activities that she had been involved in. Mr. McDonald stated 20 years of service, to anything, is unbelievable. Twenty years of service without absenteeism is even more phenomenal. He stated that he had served with Alderwoman Fox. He was told when he was elected Mayor that the first order of business of any Mayor is that he or she should be building consensus among Council. That they could agree to disagree in a sane civilized manner. He commented that came from some very wise people that had served our city for a number of years. He and Alderwoman Fox, over twenty years, did not agree on everything that she brought to the table, but she was very committed and did her homework before she brought something to Council. The citizens of our city need to know the many wonderful things that Alderwoman Fox did bring to the Council table that were adopted, that made this a better place to live. He personally thanked Alderwoman Fox, and he commented that he hoped that the news media would pick up on the fact that 20 years of service is significant, and all of the contributions that she brought to the table. What a wonderful town this is because of people like Alderwoman Fox who are committed to the betterment of our Community. The audience gave a standing ovation for Alderwoman Fox.

Mayor Wright commented that he was very proud that Bill and Susan had chosen to come back to Hickory, and that he is pleased that they have been appointed to a key committee of our citizens.

Mr. Cliff Moone,  Hickory stated that for the past several years he had approached City Council at the request of the Human Rights Coalition of North Carolina, to request that a proclamation be issued by Council to commemorate Bill of Rights Day on December 15. Mayor Wright and Council have been gracious enough to do that proclamation every year for the last few years and it is greatly appreciated. This year in addition to asking Council to issue the proclamation for Bill of Rights Day, he encouraged Council and requested that they issue a proclamation honoring Human Rights Week, December 10-16, 2013. Last year the Governor and the Mayors of Asheville, Black Mountain, Cary, Charlotte, Durham, Forest City, Garner, Greensboro, Hillsborough, Knightdale, Lewisburg, Marion, Raleigh, Reidsville, Selma and Zebulon also did so. Mr. Moone distributed a copy of the articles of the Universal Declaration ofHuman Rights to Council, and stated that it was adopted by the United Nations General Assembly and supported there by the United States on December 10, 1948. The declaration arose directly from the experience of World War II, and represents the first global expression of rights to which all people were inherently entitled. He requested the declaration of the 30 articles contained within the document he had distributed.

Mr. Moone respectfully requested that, if appropriate, that this years proclamation for Bill of Rights Day, be issued in honor of retiring Alderwoman Sally Fox, in recognition of her years of active civic involvement and faithful service to our community, and for her many contributions to the betterment of Hickory as Ward 5 representative on City Council.


Consent Agenda:
A. Approval of the Transportation Improvement Program (TIP) Submittal for FY2015-2021 to
the North Carolina Department of Transportation (NCDOT). - This submittal is the official request from the City of Hickory to the NCDOT of specific future capital project improvements that are needed for the Hickory Regional Airport. This submittal does not commit the City to expenditures at this time, but makes a formal request to the NCDOT of future anticipated improvements. The NCDOT will review this  submittal against a funding priority system that all other public airports in North Carolina are obligated to follow to determine funding eligibility. The NCDOT will determine which of the projects listed in the TIP Submittal are eligible for funding and will notify the City accordingly. These allocations are based upon a 90 percent Federal/State funds and 10% local share for all eligible, approved project costs for airport improvements as you can see in the attached worksheet. This submittal is necessary to notify the NCDOT of specific funding assistance the City
needs to further develop and improve the Hickory Regional Airport. Failure to transmit this submittal to the NCDOT will result in loss of future project funding assistance. This submittal is in correlation with recommendations from the Airport Task Force. 
B. Special Event/Activities Application for Vintage City Church – Christmas Eve Service,
Crockett Davidson, Lead Pastor, The Sails on the Square, December 24, 2013, 5:00 p.m.
to 7:15 p.m.

C. Special Event/Activities Application for “Walk-Along to Fitness”, Christie West, Marketing Director and Trainer, Affordable Fitness Studio/ Soles 4 Souls, The Sails on the Square, November 9, 2013, 6:30 a.m. to 1:00 p.m.

D. Special Event/Activities Application for Adoption Awareness, Leigh Ann Vaughn, Adoption Social Worker, Catawba County Social Services, The Sails on the Square, November 21, 2013, 3:00 p.m. to 8:00 p.m.

E. Approval of a Memorandum of Understanding for the Conveyance of the Piedmont Bus
Transit Station Property (PIN #3702-07-58-1922) from the City of Hickory to the Western
Piedmont Regional Transit Authority (WPRTA). - (Removed from Consent Agenda)  City Council approved the conveyance of the property where the Piedmont Bus Transfer Station is located in a deed recorded in Deed Book 3199 at Page 375, on July 12, 2013, in the Catawba County Register of Deeds. After the deed was recorded, City staff and WPRTA staff were informed that that the parties needed to follow additional procedures with the conveyance in accordance with FTA guidelines. Specifically, FTA would not approve the deed’s reverter clause which states the bus transfer station (the “property”) will revert to the City in the event WPRTA ceased to operate as an entity or if WPRTA ceased using the property as a bus transfer station. Because a portion of the project was funded with federal grant dollars, the FTA maintained it has an extended financial interest in the  property. This interest would not be automatically extinguished if the property reverted to the City. Instead the value of its interest would depreciate over a period of time. The attached Memorandum of Understanding establishes that for a period of forty years from the date of completion of the project, the City and WPRTA agree that no transfer or disposition of the property can take place without the approval of the FTA. In the event WPRTA ceased providing public transportation services, WPRTA would need to obtain the FTA’s approval before conveying the property back to the City. The MOU also establishes that the property will be used as a bus transfer station or related ancillary use.

F. Approval of a Contract with Thompson Gordon Shook Engineers, Inc., in the Amount of $199,646.45, for the Design of the Replacement Bridge Structure on Falling Creek Road over Falling Creek. -
The bridge on Falling Creek Road is structurally deficient and is functionally obsolete.
The bi-annual inspection performed in 2011 showed that the existing bridge is beyond its
useful lie and in need of replacement. Due to the condition of the structure, the project
was placed on the State Transportation Improvement Program (STIP) for replacement
and granted designation B-5549. With the designation, 80% of the replacement cost
including professional design services will be provided by federal funds and 20% will be
borne by the City of Hickory. After solicitation by advertising, Thompson Gordon Shook
Engineers, Inc. was chosen for the project. Twenty percent of the contract amount
$39,929.29 will be paid by the City of Hickory, and the remaining 80%, $159,717.16, will
be reimbursed to the City by the Federal government. Funds are budgeted.

G. Approval to Apply for the 2013 FEMA Assistance to the Firefighter’s “Modifications to Fire
Stations and Facilities” Grant. - The City of Hickory Fire Department requests approval to submit an application for the 2013 Assistance to Firefighters’ Grant Program under “Modifications to Fire Stations and Facilities” and has identified a source capture exhaust system as the most effective
system for this project to remove diesel exhaust. The total anticipated cost of this system is $183,173, and the matching funds required by the City of Hickory, if awarded the grant, would be 15% (27,474.95).

H. Approval of a Lease Agreement and Memorandum of Lease Between the City of Hickory and the State of North Carolina Forest Services for Hanger W2 Located on the West Ramp of the Hickory Regional Airport.- The Lease Agreement was previously approved upon second reading by City Council on September 3, 2013. However, the State of North Carolina made minor changes to the
Agreement and a Memorandum of Lease (MOL) was prepared. The changes made by the State of North Carolina are minor in nature with regards to the original contractual obligations of both parties.
The North Carolina Forest Service desires to lease the entire hangar/office space of Hangar W2 for a period of ten years with the mutual option to renew said lease for one additional five year term. The State of North Carolina agrees to lease said hangar at an initial rate of $77,000 annually or $6,416.67 per month for the first year. Every year thereafter during the term of said lease, the rate will increase $2,000 per year to include any five year renewal term.

I. Approval of an Offer to Purchase Contract for Property Located at 2724 25th Street NE, in the Amount of $100. - Request approval of an Offer to Purchase Contract for property located at 2724 25th Street NE, in the Brookfield Subdivision, containing approximately .37 acre, in the amount of $100. The property is currently owned by FDIC, which is acting as receiver for Parkway Bank. The current tax value of the property is $17,200; however, the property is likely unbuildable due to the creek running through it. Public Utilities plans to purchase the property in order to run a sewer line through it.

J. Approval of Historic Preservation Incentive Grant for 1020 Main Avenue NW, Piedmont Wagon Properties, LLC, in the Amount of $2,500. - City Council established the Historic Preservation Incentive Grant program in 2010. The program provides grant funding up to $2,500 for historic preservation activities at vacant properties in the Urban Revitalization Area. Piedmont Wagon Properties, LLC has applied for a grant in the amount of $2,500 to assist in their application for historic preservation tax credits to rehabilitate the former Piedmont Wagon Mill located at 1020
Main Avenue NW. The applicant plans to renovate the facility for use as office space. The applicant plans to invest approximately $2.3 million in real property improvements to rehabilitate the mill building. Approximately $20,000-$30,000 will be spent on the tax credit application, architect, legal, and accounting fees. The Historic Preservation Commission has reviewed the application and recommends approval.

K. Call for Public Hearing - For the Consideration of Rezoning Petition 13-12 for Property Located at 1024 and 1030 4th Street NE, as well as Two Vacant Lots. (Authorize Public Hearing for November 19, 2013)

L. Approval of a Voluntary Future Annexation Agreement for Bobby and Martha Eckard for Property Located at 2325 32nd Street NE, in the J.A. Hefner Estate Subdivision.  Bobby and Martha Eckard have submitted a petition for future voluntary annexation. The purpose of the petition is to obtain sewer service without being annexed. The property is located at 2325 32nd Street NE, in the J.A. Hefner Estate Subdivision. The property is relatively close to an existing satellite annexation area. However, the property is located on a local residential street, where no other adjacent properties are currently incorporated. The City could possibly require annexation of the subject property; however, its location within a larger unincorporated area would create issues with the delivery of City services. If annexed, City services would be required to route service vehicles and staff down a local residential street, through an unincorporated area to deliver services to a single residence. Staff recommends the best course of action would be to provide sewer service by means of a future annexation agreement, and defer annexation of the property until a more suitable time in the future. The Eckard’s have agreed to enter into a future annexation agreement in order to obtain sewer service.

M. Approval of an Engineering Agreement with McGill Associates, P.A. in the Amount of $152,800 for the Design of a Replacement Bridge on 46th Avenue Drive NE over Snow Creek at Windridge Subdivision. - The bridge on 46th Avenue Drive NE over Snow Creek at Windridge Subdivision was destroyed by flood waters, seven homes were left without road access. The extent of the damage precludes repairs to the existing structure and replacement is the only viable option for the structure. Request for qualifications was advertised. On the basis of proximity, personnel qualifications, and workload, McGill Associates, P.A. was chosen to submit a design proposal and estimated cost of replacement structure design. Staff recommends approval of the Engineering Agreement in the amount of $152,800.

N. Proclamation for Small Business Saturday, November 30, 2013.

O. Transfer of a Cemetery Deed from Ruby Y. Hyatt to Donald Ray Taylor and sister, Mildred Taylor May in Fairview Cemetery

P. Budget Ordinance Amendment Number 7
1. To budget $390 of Library donations in the Library Books Supplies line item.
2. To budget a $3,000 Library donation from Friends of The Library for the Let’s Talk About It program ($1,000) and the Sharyn McCrumb program ($2,000).



Informational Item
A. Report of Mick Berry’s travel to ICMA Annual Conference in Boston, MA on September
21 through September 25, 2013. (Meals - $282; Cab Expense - $70; Lodging -
$1,204.04; Registration $635, Air Travel Expense - $176.30)

New Business - Public Hearings
1. Voluntary Contiguous Annexation of Property Located at 1879 Startown Road, Hickory, Containing .83 Acres. - The Arden Group LLC has submitted a petition for the voluntary annexation of .83 acres of property. The property is located at 1879 Startown Road. The petition is requesting annexation in order to connect to the City of Hickory’s sanitary sewer system. The property is proposed to be developed for the location of a 3,050 square foot Krispy Kreme retail store. This public hearing was advertised on October 18, 2013 in a newspaper having general circulation in the Hickory area.

New Business - Departmental Reports:
1. Acceptance of Offers to Purchase and Contract for Properties Located at 1742, 1743, and 1746 Whitewater Court, in the Waterford Hills Subdivision. - Staff requests consideration of Offers to Purchase and Contract for properties located at 1742, 1743, and 1746 Whitewater Court, in the Waterford Hills Subdivision. The properties were originally purchased by the City because they
were on the route of the proposed Southern Cross-Town. The route for the future thoroughfare has since been amended, and the properties are no longer needed. Vale Traian Vasiu and Gelu Vasiu are interested in purchasing these lots in order to construct singe family dwellings. They are offering $15,000 per lot.                        Staff recommends that City Council accept the Offers to Purchase and Contract and authorize staff to advertise for upset bids. Once the property is advertised other parties will have ten days to submit upset bids.

2. Second Reading Approval of a Lease Agreement and Memorandum of Lease
Between the City of Hickory and the State of North Carolina Forest Services for Hangar W2 Located on the West Ramp of the Hickory Regional Airport.