Agenda about the City Council meeting of September 2, 2014

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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Hickory City Council Agenda - September 2, 2014 

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 The Hound's Notes:   
 1) Budget item 5.1 says Hickory Inc. paid Clark Consulting $37,950 for consulting, buy it doesn't say what Hickory Inc. paid them for. In going back to the records for the last meeting, we see, 'City Council authorized City Attorney John Crone to enter into settlement negotiations with Clark Consulting, and made an offer of $37,950 on behalf of the City; Clark Consulting accepted the offer. Attorneys for Clark Consulting are in the process of drafting the settlement documents. Staff requests authorization of City Attorney John Crone to execute all settlement documents on behalf of the City of Hickory to resolve the lawsuit.'

2) Budget Item 5.3 - We see the $80,000 discussed at the last meeting. $40,000 is to pay for FY13-14 projects still in progress (already promised) in the current fiscal year and an additional $40,000 is to fund projects that are in the initial stages of review in the current fiscal year. Apparently $20,000 of this money is earmarked to the Shuford Mills demolition project (Department Report #4) and $30,000 for 108 South Center Street (Departmental Report #5).

3) Consent Agenda Item A - Taxpayers are subsidizing fundraising for United Way charities. Vacation days are given based upon Employee Contributing and thus being eligible to win a drawing. Money from the general fund goes to subsidize employees who win the raffle to take time off. Personally, I don't think that Hickory Inc. should have such an arrangement. If employees want to donate to charities then great, but Hickory Inc. should not be promoting certain charities over others.

4)  Just remember, if you ain't in the club, then you aren't getting any of this money they are throwing around. So don't get excited thinking they would help you out.

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Invocation by Rev. David Roberts II, Pastor Morning Star First Baptist Church


Special Presentations
A. Recognition of Sherman Stinson, Public Services for the Herman Drake Award (Lou Berry to present)

Consent Agenda:
A. Approval of Six Days of Vacation Time as Prizes for Participation in the Annual United Way Campaign. - The United Way Campaign Committee requests six days of vacation time to be used as prizes for participation in the annual United Way Campaign, which will be held in August and September 2014. The City is a strong supporter of United Way, and use the campaign to educate the City’s workforce about the various programs and services United Way provides, and also to provide an easy way to make a donation. To encourage participation, the Committee would like to offer participants a chance to win some vacation time. Based on the level of participation, coworkers would be eligible to enter a drawing to win one of three vacation time prizes of one day, two days, or three days.

B. Award the Contract for Pavement Resurfacing to Midstate Contractors, Inc. for Asphalt Resurfacing Utilizing Federal Funds. - Staff requests awarding the resurfacing contract utilizing Federal funds to the responsible responsive low bidder, Midstate Contractors, Inc., for asphalt resurfacing in the amount of $44 per ton for S9.5A asphalt surface, $594 per ton for binder and $3 per square yard forasphalt milling. The Engineering Division staff prepared formal bid documents for an estimated 852 tons of asphalt surface course place and 500 square yards of asphalt milling. The asphalt binder unit price will be adjusted according to NCDOT standard procedures. All work will be paid on a unit price basis as the budget allows. Due to the paperwork required for the Federal funds, and the amount purchased the prices varies on the cost per ton.

C. Award the Contract for Pavement Resurfacing to Midstate Contractors, Inc. for Asphalt Resurfacing. - Staff requests awarding the resurfacing contract to the responsible responsive low bidder, Midstate Contractors, Inc., for asphalt resurfacing in the amount of $43.75 per ton for S9.5A asphalt surface, $43.90 per ton for S9.5b asphalt surface, $594 per ton for binder and $2 per square yard for asphalt milling. The Engineering Division staff prepared formal bid documents for an estimated 8,500 tons of asphalt surface course in pla ce and 9,000 square yards of asphalt milling. The asphalt binder unit price will be adjusted according to NCDOT standard procedures.

D. Approval of Lease Agreement with Catawba County Council on Aging to Lease Property Located at 400 17th Street SW. - Staff requests consideration of a Lease Agreement from the Catawba County Council on Aging to lease property owned by the City of Hickory, located at 400 17th Street SW. The property has been leased to the Catawba County Council on Aging for a number of years. Their current lease has expired. Staff has updated the lease to ensure it is active and enforceable. The terms for the proposed lease will be for five years for the nominal amount of $10. The lease shall automatically renew and continue on a year to year basis, for up to four renewal periods, for a total lease period of no more than nine (9) years, unless either party gives a thirty (30) day notice to terminate the tenancy to the other party, or until a new agreement is made. Public Notice was advertised in a newspaper having general circulation in the Hickory area on August 22, 2014.

E. Proclamation for Childhood Cancer Awareness Month.

F. Acceptance of the Community Waste Reduction and Recycling Grant from the State of North Carolina Department of Environment and Natural Resource. - The City of Hickory applied for the Community Waste Reduction Grant as a way to help reduce the initial cost of starting a Single Stream Recycling Program. The State selected the City of Hickory to receive the $30,000 grant for use in waste reduction, which will allow the City to reduce initial startup cost of the upcoming Single Stream Recycling Program, and shorten the City’s return on investment. The Single Stream Recycling Program will help reduce the Department’s operational cost by reducing the long-term cost of disposal. This program will also increase the amount of material recycled and related revenue generated from that material. The City is receiving the maximum dollar amount of this grant. The City’s match for this grant is 20 percent of the $30,000, which the City will far exceed with the purchase of the necessary rollout carts to cover the entire city. Staff recommends acceptance of the Waste Reduction and Recycling Grant in the amount of $30,000.

G. Approve the Second Amendment to the New Cingular Wireless PCS, LLC’s Option and Lease Agreement for Electronic Communication Equipment. - The City of Hickory entered into an Option and Lease Agreement for Electronic Communication Equipment dated September 14, 2004 with New Cingular Wireless PCS, LLC, the successor in interest to BellSouth Personal Communications, LLC with whom the City had an agreement dating back to the mid 90’s. New Cingular leased a portion of the tower property located at 1441 9th Avenue NE for their equipment. The 2004 agreement was first amended December 22, 2011. New Cingular is requesting to add three new antennas and supporting equipment to the cell tower located at public services. New Cingular has performed a structural analysis and will make the modifications to the tower at their cost. The proposed modifications will bring the tower into compliance for the existing loading on the tower as well as the new antennas. The City’s tower management group reviewed and approved the structural analysis. New Cingular will increase their monthly lease payment by $1,000 for the new antennas. Staff recommends approval of the Second Amendment to the New Cingular Wireless PCS, LLC’s Option and Lease Agreement for Electronic Communication Equipment.

H. Acceptance of the Bid and Award Contract to West Carolina Freightliner, LLC in the amount of $94,499. - The Public Utilities Department use tandem axel road tractors to pull tankers of bio-solids from the wastewater treatment facilities daily as a part of the treatment process. The Northeast Wastewater Treatment Plant and the Henry Fork Wastewater Plant each have a dedicated road tractor and tanker that they use daily. The Public Utilities Department has one spare road tractor and tanker that the facilities share in the event a primary tractor is down for maintenance. This replacement request is for the spare road tractor, and is being replaced as a component of the Public Utilities Department’s normal capital replacement program. Staff recommends acceptance of the bid and award of this Freightliner Columbia tandem axel road tractor with glider kit purchase as proposed by West Carolina Freightliner, LLC in the amount of $94,499. Funds are budget in FY2014-2015 for this purchase.

I. Acceptance of the Bid and Award Contract to Advanced Grading and Excavating, LLC in the amount of $33,750 for the Hickory Metro Convention Center Sewer Relocation Project. - This project is necessary to relocate an existing eight inch sanitary sewer line and manholes that currently cross the parking lot in front of the Hickory Metro Convention Center. This line must be rel cated to allow for construction activities and erection of a proposed parking deck in this area. Staff recommends acceptance of the bid and award of the construction contract with the responsible low bidder, Advanced Grading and Excavating, LLC for the Hickory Metro Convention Center Sewer Relocation Project in the amount of $33,750. This project is being funded as a part of the financing for the parking deck project to be reimbursed by the Tourism Development Authority.

J. Approve Additional Award Adjustment to North Carolina Department of Transportation Division of Aviation Agreement for Project 36237.66.4.3 Rehabilitate and Overlay Taxiway “B”, Taxiway “S” and North Apron Project in the Amount of $166,667. - This is an additional award adjustment of yet more funding from NDCOT Aviation Division to the modified agreement approved by City Council on August 5, 2014, which modified the original agreement approved on July 15, 2014 for Block Grant/NPE Agreement for grant 36237.66.4.3 to rehabilitate Taxiway “B” and “S” and the North Apron. This final allocation of funds will be used to complete the airfield improvement plan. Staff recommends approval of the award adjustment in the amount of $166,667 to NCDOT Agreement for Project 36237.66.4.3. The required local match of 10 percent will be $16,667.

K. Approve Special Events/Activities Application for Children’s Advocacy and Protection Center Vigil, Kathleen Landry, Community Outreach for Children’s Advocacy and Protection Center, Tuesday, October 21, 2014 from 10:30 a.m. to 1:30 p.m. at The Sails on the Square.

L. Approve Special Events/Activities Application for Carolina Container Company Outing, Megan Meade, Hickory Crawdads Director of Community Relations and Events, Saturday, October 4, 2014 from 12:00 p.m. to 5:00 p.m. at L.P. Frans Stadium, 2500 Clement Blvd.

M. Approve a Transfer of Cemetery Deed from the City of Hickory to Madolyn M. Byrd,

N. Budget Ordinance Amendment Number 5.
1. To transfer $37,950 of General Fund Contingency to the Legal Departments Other Professional Services line item. This transfer is necessary to pay settlement costs to Clark Consulting on behalf of the City.
2. To budget a total of $80,000 of Appropriated General Fund Balance in the Vacant Building Revitalization line item. $40,000 is to pay for FY13-14 projects still in progress in the current fiscal year and an additional $40,000 is to fund projects that are in the initial stages of review in the current fiscal year.
3. To reduce the Capital Reserve-Appropriated Fund Balance by $302,250 and to reduce the transfer to Water and Sewer by $302,250. This amendment is needed for a budgetary adjustment to reflect anticipated expenditures.
4. To appropriate $16,666 of General Fund-Appropriated Fund Balance and transfer to the Airport Rehabilitation and Overlay Taxiway B and S, and North Apron project. The initial grant project was awarded and budgeted in July 2014 however an amendment to the grant was approved which will fund additional pavement rehabilitation work. The funding for the project is a total of $166,666 (90% Federal $150,000 and 10% required match $16,666). Therefore a $16,666
transfer to the project is necessary.

O. Grant Project Ordinance Amendment Number 3.
1. To budget an additional $166,666 of funding for the Airport Rehabilitation and Overlay Taxiway B and S, and North Apron project. The North Carolina Department of Transportation-Division of Aviation amended the award granted in July 2014. The additional funding is 90% Federal funds $150,000 with a 10% required local match of $16,666.

P. Capital Project Ordinance Amendment Number 1.
1. To appropriate $3,000,000 of Proceeds from Financing and budget in the Tourism Development Association (TDA) Parking Deck Project Construction and Miscellaneous line items. This appropriation will fund the construction of the parking deck, the necessary relocation of a sanitary sewer line and the other miscellaneous items that may result in a project of this scale. The debt payments associated with these borrowed funds will be paid with revenue from the TDA.


Informational Item
A. Report of Mayor Wright’s travel to North Carolina League of Municipalities General Government Legislative Action Committee Meeting (Mileage Reimbursement $192.64)


New Business - Public Hearings
1. Resolution and Order for Petition of BHM Holdings, LLC to Close an Unopened Portion of 4th Street NE. - On June 27, 2014, BHM Holdings, LLC, presented a petition to the City Clerk’s office requesting the City to abandon a portion of an unopened street located on 4th Street NE. This public hearing was advertised in a newspaper having general circulation in the Hickory area on August 8, August 15, August 22, and August 29, 2014.

2. Resolution and Order for Petition of William H. Rogers, and wife Linda Rogers; and Terah L. Harris and wife, Karen P. Harris to Close an Unopened Portion of 20th Avenue NE. - On June 27, 2014, William H. Rogers and Linda Rogers; and Terah L. Harris and Karen P. Harris, presented a petition to the City Clerk’s office requesting the City to abandon a portion of an unopened street located on 20th Avenue NE.This public hearing was advertised in a newspaper having general circulation in the Hickory area on August 8, August 15, August 22, and August 29, 2014.

3. Consideration of the Consolidated Annual Performance and Evaluation Report. - The U.S. Department of Housing and Urban Development requires the City of Hickory, as a Community Development Block Grant (CDBG) entitlement funding recipient, to report on CDBG monies spent within the previous fiscal year. This report, the Consolidated Annual Performance and Evaluation Report (CAPER), evaluates the effectiveness of the use of resources in addressing identified goalsand objectives cited in the Annual Action Plan which is prepared before the fiscal year begins. Staff recommends approval of the FY2013-2014 Consolidated Annual Performance and Evaluation Report outlining the City’s CDBG expenditures from July 1, 2013 thru June 30, 2014. This public hearing was advertised in a newspaper having general circulation in the Hickory area on August 22, 2014 and September 2, 2014.

4. Review and Presentation of the Financing Concept for the Hickory Metro Convention Center Parking Deck. - The Hickory Metro Convention Center is owned by the City of Hickory, butoperates under the Tourism Development Authority (TDA) board. The Convention Center is self-supported by event revenues and the hotel Occupancy Tax collected in Hickory and Conover. Event parking has reached maximum capacity and has created overflows into area hotel and business parking lots. The need for the parking deck has become vital to attract even larger scale events that would generate even more traffic to the Convention Center. The proposed parking deck plans include an additional 157 sp aces and revisions to the existing traffic flow pattern. Any project involving the financing method of installment purchase is required to hold a public hearing prior to approval of financing for the Hickory Metro Convention Center Parking Deck project by the Local Government Commission. This public hearing was advertised in a newspaper having general circulation in the Hickory area on August 22, 2014.

New Business - Departmental Reports:
1. Approve the Construction Contract with Matthews Construction Company, in the amount of $2,576,000 to construct the Parking Deck Structure and Associated Improvements for the Hickory Metro Convention Center Parking Deck. - City Council approved, on May 20, 2014, a contract with the architect Scott Mitchell for the construction management of the parking deck structure that is planned to be built at the Hickory Metro Convention Center. The City conducted the solicitation for bids. Matthews Construction Company was the lowest, responsive, responsible bidder for this project. The Tourism Development Authority is providing the funds to cover the cost using occupancy tax revenue. Staff recommends awarding the contract to Matthews Construction Company in the amount of $2,576,000 to construct the parking deck structure and associated improvements.

2. Lyerly Mill Redevelopment Update

3. Award Construction Contract to Dane Construction, Inc., for the Replacement of the 46th Avenue NE Bridge in the amount of $942,202.05. - The bridge located on 46th Avenue Drive NE, at the entrance of Windridge Subdivision, was destroyed by flood waters on July 27, 2013, leaving the residents for the subdivision without access to their homes. Temporary access and utility connections were provided for those residents while McGill Associates designed a replacement structure. The replacement structure will provide a longterm solution for access to the subdivision. The lowest responsive bidder, Dane Construction, Inc., from Mooresville, NC submitted the low bid in the amount of $942,202.05. Funding for the majority of the project cost is from FEMA. Staff recommends that Dane Construction, Inc. be awarded the contract for construction of the replacement bridge in the amount of $942,203.05 and a contingency in the project budget for a total amount of $1,035,000.

4. (a) Approve Interlocal Agreement between the City of Hickory and Catawba County for the Development of Business Park 1764.
(b) Approve an Agreement between the City of Hickory, Catawba County, and the Catawba County Economic Development Corporation (EDC) regarding 1764 Park Project. - The 1764 Park project represents efforts between the City, the County, and the Catawba County Economic Development Corporation to positively impact and spur additional economic development and job growth in the area. The parties desired to put certain conditions in place to maximize the development of the business park. The Interlocal Agreement provides the City and the County with the ability to mutually control the development of the park by setting forth certain restrictive covenants and zoning requirements of the respective parties. The covenants and zoning requirements govern a number of items including but not limited to ingress and egress of the property, buildings’ heights, nuisances, park landscaping, park amenities, permitted uses, and property maintenance. Staff recommends Council approve the Interlocal Agreement between the City of Hickory and Catawba County for the development of Business Park 1764 and the Agreement between the City of Hickory, Catawba County, and the Catawba County Economic Development Corporation governing EDC’s ability to exercise options or offers to purchase property associated with the 1764 Park project.

5. Approve an Amendment to the Vacant Building Revitalization and Demolition Grant Agreement with Shuford Mills, LLC. - Shuford Mills, LLC received a Vacant Building Demolition Grant in the amount of $20,000 in January 2014 to assist in the demolition of the former AA Shuford Mill located at 1360 Highland Avenue NE. This agreement stipulated a deadline of 270 days to complete the demolition and site restoration. The applicant has now requested a 120 day extension in order to save a portion of the original exterior wall. Saving this portion of the wall will require additional construction work and additional time to complete. The Business Development Committee considered the request at their August 20, 2014 meeting and recommends approval. Staff  recommends approval of the Amendment to the Vacant Building Revitalization and Demolition Grant Agreement with Shuford Mills, LLC.

6. Approval of a Vacant Building Revitalization and Demolition Grant with The Block 108, LLC for Property Located at 108 South Center Street. - The Vacant Building Revitalization and Demolition Grant provides grant funding for projects to renovate and rehabilitate vacant buildings within the Urban Revitalization Area and targeted industrial buildings in other areas of the city. The Block 108, LLC has applied for a Vacant Building Revitalization Grant in the amount of $30,000 to assist in the renovation of a former mill building located at 108 South Center Street. The applicant plans to invest approximately $763,900 in real property improvement to rehabilitate the facility for use as an office for a general contractor, a motorcycle restoration business, office uses, a salon, and seven “loft” style apartments. In accordance to the program guidelines, all approvals must be in place before the applicant begins work on a project. Significant construction activity on the project has already begun. The roof work that represents a large portion of the project is already nearly complete. Garage doors and a portion of the electrical work is already complete. The Business Development Committee reviewed the application and recommends approval. Staff recommends that City Council deny the Vacant Building Grant Agreement with The Block 108, LLC due to the fact that work has already begun prior to grant approval.