Agenda about the City Council meeting of August 4, 2015

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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Agendas show what is on the docket for the meeting of that date. The Minutes is an actual summary of the proceedings of the meeting of that date. You can also look in the upper right hand corner of the front page of the Hickory Hound and (will soon) find the link to the past history of Hickory City Newsletters.

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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Hound Notes: Sorry for the lack of updates and articles. I will finish out the last Newsletter. Just been taking a break during a very hot Summer. There was no urgent issue related to the last meeting. There was one gentleman that came forward and addressed the Council about the annex parking at Glenn Hilton Park.

Looks like the group from Southwest Hickory is back to state their case again related to the proposed public housing on 4th Street SW.


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Invocation by Rev. Bob Thompson, Pastor, Corinth Reformed Church

Persons Requesting to Be Heard
A. Dr. Delores Hammer – Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
B. Kim Clarke– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
C. Paul Gadd– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
D. Christine Winn– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
E. Crystal Rogers– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
F. Denise Poe – Corridor Reserved for Future Thoroughfare Located on Buckskin Drive, in Gunpowder Point.

Consent Agenda:
A. Approval to Issue a Pyrotechnic Display Permit to Hickory Crawdads. - Mark Seaman, General Manager of the Hickory Crawdads has submitted a request to obtain permission to have a public fireworks display on the following dates: September 11, 2015 with the rain date of September 12, 2015. The North Carolina Fire Code requires a mandatory operational permit for the use and handling of pyrotechnic special effects material. The Division of Fire & Life Safety Bureau shall review all required documentation. The Fire Prevention Bureau will also inspect the pyrotechnics display area prior to the event to ensure compliance with all guidelines and codes. Staff recommends  approval of the pyrotechnics displays.

B. Approval to Issue a Pyrotechnic Display Permit to Hickory Motor Speedway. - Kevin Piercy, General Manager of the Hickory Motor Speedway has submitted a request to obtain permission to have a public fireworks display on the following 2015 dates: August 15, 2015 and September 7, 2015. The North Carolina Fire Code requires a mandatory operational permit for the use and handling of pyrotechnic special effects material. The Division of Fire & Life Safety Bureau shall review all required documentation. The Fire Prevention Bureau will also inspect the pyrotechnics display area prior to the event to ensure compliance with all guidelines and codes. Staff recommends approval of the pyrotechnics displays.

C. Approval of Annual Maintenance Agreement with Grayson Fitness Repair and Maintenance, Inc. - Since 2003 the City of Hickory Fire Department has deployed a series of physical fitness equipment. The department has had an annual preventive maintenance program since 2003 for the equipment in order to keep the equipment operational. Staff requests acceptance of a proposal from Grayson Fitness Repair & Maintenance Inc. to continue the quarterly service necessary to maintain the exercise equipment. The service agreement provides quarterly service to each piece of fitness  equipment that is located at each of the fire stations. Staff recommends approval of the exercise  equipment preventive maintenance agreement.

D. Acceptance of a Sanitary Sewer Line Easement for the Property of Josephine B. Hambrick, Wells Fargo NA, Margaret H. Glaze and Wilson E. Glaze II, described as PIN 3723-15-63-5314. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Josephine B. Hambrick, Wells Fargo NA, Margaret H. Glaze and Wilson

E. Glaze II, described as PIN 3723-15-63-5314. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a total sum of $5,000 in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

E. Acceptance of a Sanitary Sewer Line Easement for the Property of Linda Bumgarner Sigmon described as PIN 3723-16-83-0899. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Linda Bumgarner Sigmon described as PIN 3723-16-83-0899. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a total sum of $8,000 in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

F. Acceptance of a Sanitary Sewer Line Easement for the Property of Russell D. Dellinger and wife, Stacy J. Dellinger described as PIN 3723-15-64-7165. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Russell D. Dellinger and wife, Stacy J. Dellinger described as PIN 3723-15-64-7165. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a total sum of $2,694 in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

G. Acceptance of a Sanitary Sewer Line Easement for the Property of Chris Albert Bumgarner and wife, Lisa H. Bumgarner described as PIN 3723-11-75-1017. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Chris Albert Bumgarner and wife, Lisa H. Bumgarner described as PIN 3723-11-75-1017. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a one free sanitary sewer service connection in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

H. Approval of Six Days of Vacation Time as Incentive 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
2015. The City is a strong supporter of United Way since they play an important and critical role in our community. We use our 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. The opportunity to win some vacation time will provide an incentive for participation and contribute to the success of the campaign.

I. Acceptance of Bid and Award of Construction Contract with Hickory Sand Company, Inc. in the Amount of $154,500 for the Construction of the NC Highway 64-90 Waterline Project. - The NC Highway 64-90 waterline project consist of installing approximately 5,200 – linear foot of new 8-inch PVC waterlines, five new fire hydrants and other customary appurtenances in a previously unserved area. This project is intended to provide improved fire protection for Ellendale Elementary School and provide water service to customers along the line. Staff evaluated the bid packages and found Hickory Sand Company, Inc. to be the lowest responsible bidder. This is proposed to be funded as a component of the Public Utilities Department operating budget in the reimbursable materials line with funds already received from Alexander County Government. Staff recommends Council’s acceptance and award of the project to Hickory Sand Company, Inc. in the amount of $154,500 for the construction of the NC Highway 64-90 waterline project.

J. Approval of Renewal Agreement between the Western Piedmont Council of Governments (WPCOG) and the City of Hickory to Support the Western Piedmont Stormwater Partnership for Phase II Public Education. - The City was issued an NPDES Phase II Stormwater Permit by the North Carolina Department of Environment and Natural Resources on July 1, 2005. One of the requirements of the permit in the Public Education and Outreach Minimum Measure is that the City develop and implement a public education and outreach program to raise public awareness on the causes and impacts of stormwater pollution. This renewal agreement is the result of the establishment of a regionally focused and municipally supported Phase II public education and outreach coalition, the Western Piedmont Stormwater Partnership, which is administered by the WPCOG. The activities in this agreement will meet the public education and outreach minimum measures of this section of the NPDES Phase II Permit. This agreement would be for the period July 1, 2015 through June 30, 2016. Payment would be in quarterly installments of $2,758.25. Funding for this agreement is available from the current stormwater budget. Staff recommends Council’s approval of the renewal
agreement with WPCOG for an amount not to exceed $11,033.

K. Approval of a Contract to Kercher Engineering, Inc. in the amount of $57,375 for Pavement Management Study to Prioritize the Condition of Streets in the City of Hickory to better optimize the Resurfacing Schedule and Maintenance Operations.- City Staff requested qualifications from firms, interviewed and selected the most qualified firm to meet the City’s pavement condition needs. The last pavement condition assessment was done in 2007. This condition study is a vital tool that not only rates the streets with a numerical value, but also allows for the Street Department to plan needed maintenance for several years. The benefits of this study will provide the City with an outside professional source to provide data that will give us the tools to provide our citizens with the best use of our resurfacing funds and maximize the results of our street maintenance program. Staff recommends approval of the contract with Kercher Engineering, Inc. in the amount of $57,375.

L. Approval of Awarding the Resurfacing Contract Utilizing Federal Funds to Maymead, Inc. for Asphalt Resurfacing. - Staff prepared formal bid documents for an estimated 2,660 tons of asphalt surface course in-place and 4,000 square yards of asphalt milling. The asphalt binder unit price will be adjusted according to NCDOT standard procedures. All work will be paid on an inplace unit price basis as the Community Development Block Grant (CDBG) budget allows. Resurfacing under this contract will be performed in the CDBG eligible funding areas. Maymead, Inc. was the responsible responsive low bidder at the unit price of $52 per ton for S9.5A asphalt surface, $52 per ton for S9.5B asphalt surface, $52 per ton for S4.75A asphalt surface, $595 per ton for binder and $4.75 per square yard for asphalt milling for the pavement resurfacing project. Currently there is $75,000 in the CDBG Public Infrastructure line item. Unbudgeted program income may be added if it becomes available over the FY15-16 year. Staff recommends approval of the resurfacing contract utilizing federal funds be awarded to Maymead, Inc. 

M. Approval of Awarding a Contract to J.T. Russell & Sons, Inc. for Asphalt Resurfacing for FY 15/16. - Staff prepared formal bid documents for an estimated 10,650 tons of asphalt surface course in-place and 9,000 square yards of asphalt milling. The asphalt binder unit price will be adjusted according to NCDOT standard procedures. All work will be on an inplace unit price basis as the resurfacing budget allows. J.T. Russell & Sons, Inc. was the responsible responsive low bidder at the unit price of $50.50 per ton for S9.5A asphalt surface, $50 per ton for S9.5B asphalt surface, $56 per ton for S4.75A asphalt surface, $536 per ton for binder and $7 per square yard for asphalt milling for the pavement resurfacing project. Total bid amount of $919,900 ($459,950 for the Fall 2015 schedule and $459,950 for the Spring 2016 schedule). Funds are budgeted in the Street Division’s FY15-16 budget. Staff recommends approval of the resurfacing contract with J.T. Russell & Sons, Inc.

N. Adopt a Resolution to Reaffirm City Council’s Support of the Deidra Lackey Memorial Park Project. - Staff requests Council to consider the Resolution declaring the City’s intent to reaffirm their continued support and approval of the Deidra Lackey Memorial Park Project. The memorial park facilities would be a gift to the City of Hickory and the public. In addition, based on its location the memorial park would serve as an enhanced entry point to the proposed river walk. Council has previously expressed support for the project and the proposed resolution reaffirms Council’s support for the project. Staff recommends Council adopt the Resolution declaring City Council’s intent to reaffirm their continued support and approval of the Deidra Lackey Memorial Park Project.

O. Grant Project Ordinance Amendment Number 1.
1. To budget a $166,000 transfer of Capital Reserve-Appropriated Fund Balance and to budget an additional $664,000 of Federal Revenue to the Falling Creek Bridge Project. NCDOT Agreement ID #3390 Municipal Bridge Agreement-Federal in the amount of $1,200,000 ($960,000 (80%) Federal and $240,000 (20%) Local) was approved by the City of Hickory Council on August 21, 2012. This amendment request makes necessary adjustments to original CPO#1 (FY13) and GPOA (FY15) to align total project revenues and expenditures for the projected project.

P. Budget Ordinance Amendment Number 2.
1. To appropriate $166,000 of Capital Reserve-Fund Balance Appropriated and transfer to the General Capital Project Fund for the Falling Creek Bridge Project. These funds are the required local matching funds for the replacement of Bridge No. 327 located on Falling Creek Road. 2. To appropriate $900,000 of General Fund-Fund Balance Appropriated and budget in the Transportation Fund-Other Professional Services line item. Funds will be used for the AGI Associates LLC and CRA Enterprises Inc. airport settlement.

Public Hearings
1. Consideration of Voluntary Contiguous Annexation of 2.001 Acres Located at 2191 13th Avenue Drive SE. - Burgin-Hickory Properties, LLC submitted a petition for the voluntary contiguous annexation of 2.001 acres of property located at 2191 13th Avenue Drive SE. The annexation area consists of a commercial development site, which is the proposed future location of a Sheetz retail facility. The owners of the property are seeking annexation in order to obtain utility services (water and sewer) for a commercial development site. The property is currently located within the City’s extra-territorial jurisdictional area (ETJ) and is zoned Regional Commercial (C-3). Staff finds the petition to be in conformity with applicable statutes, and recommends approval of the voluntary annexation petition. This public hearing was advertised in a newspaper having general circulation in the Hickory area on July 17, 2015.

2. Consideration of Designating the Whisnant Hosiery Mills Complex as a Local Historic Landmark. - The Whisnant Hosiery Mills complex located at 74 8th Street SE was built in 1929 with significant expansions in 1937 and 1966. The complex serves as a reminder of the pivotal role that the hosiery industry played in the development of the City of Hickory. The property is now known as Moretz Mill and has recently undergone an extensive rehabilitation. The owners of the property have requested that the property be designated as a local historic landmark. The property has been listed on the National Register of Historic Places since 2013. If the property is designated as a local historic landmark all changes to the exterior of the building and site would need approval from the Hickory Historic Preservation Commission. If designated, there would be a 50 percent deferral on all property taxes provided that property maintains its historic integrity. Staff recommends Council approve the local landmark designation ordinance for the Whisnant Hosiery Mills property. This public hearing was advertised in a newspaper having general circulation in the Hickory area on July 24, 2015.

Departmental Reports

1. Airport Presentation - Settlement Agreement and Release of Claims. - As a result of a recent mediation effort between the City of Hickory and AGI Associates, LLC and CRA Enterprises, LLC, a settlement agreement was reached that gave back to the City of Hickory full control of remaining facilities at the airport that had been in dispute, specifically the leasehold interest of the Moose Hangar as well as other hangars on the property. The City gained $2.1 million in the value of hangars and other assets for $900,000.

2. Information Presentation – Proposed Changes to Chapter 4 (Animal and Fowl) Ordinance. - The City of Hickory approves organizations to use public property to host events for the public. Over the years, citizens and staff have expressed concerns about animals being allowed at these events due to public safety concerns for the citizens and animals attending the event. City Staff to include, Legal, Police, Parks and Recreation, and Branding/Public Information Office have worked together to develop proposed changes to Chapter 4 (Animal and Fowl) Ordinance restricting animals within the “footprint” of the approved special event on public property. These proposed changes are in the interest of protecting the public from potential aggressive animals that could cause harm to a human or another animal, and to ensure the appropriate public health and sanitation of food and surrounding areas. Staff requests City Council’s feedback in order to precede with any changes to Chapter 4 (Animal and Fowl) Ordinance that would restrict animals from approved special events on public property.

3. Update from Bond Implementation Commission on Bond Projects