MINUTE BOOK 21, PAGE 533 CITY COUNCIL MEETING - April 2, 2007 - 730 p by Jordanpeterson


									MINUTE BOOK 21, PAGE 533 CITY COUNCIL MEETING – April 2, 2007 – 7:30 p.m. COUNCIL CHAMBERS – CITY HALL STATESVILLE, NORTH CAROLINA Mayor Constantine H. Kutteh presiding: Council members Present: Gregory, Huggins, J. Johnson, M Johnson, Stallard, Steele Staff Present: Media Present: Hites, Bullard, Cline, Cranford, Currier, Fox, Salmon, Smyth J. McNally, Record & Landmark Neil Furr – Iredell Citizen 22


The invocation was given by the Deputy City Clerk. Mayor Kutteh reviewed the Consent Agenda as follows: A. Approve minutes of March 8 work session; pre-agenda meeting of March 15, 2007 and March 19, 2007 regular Council meeting Second reading of an ordinance to condemn and demolish as unfit for human occupancy, 1124 Caldwell Street, Iredell County Pin #4744-00-2009. (Ord. #16-07) Second reading of ZC07-04 filed by Robert Ezelle Jarvis, for the property located at 203 Island Ford Road; Tax Map 472540-3194 from R-10M to B-1 CU. (Ord. #17-07) Second reading of ZC07-06 filed by G.L. Wilson, for the properties located at the corner of Garner Bagnal Boulevard and Cochran Street; Tax Maps 4734-51-9285 and 4734-61-7507 from HI to R-5MF. (Ord. #18-07)




Mayor Kutteh removed item E from the Consent Agenda for further discussion. Upon a motion by Council member J. Johnson, seconded by Council member Steele, the Consent Agenda was unanimously approved. REGULAR AGENDA

PAGE 534 E Second reading of ZC07-08 filed by Kenneth Miller, for the property located at 296 Mocksville Hwy, Tax Map 4755-74-6793 from R-15 to B-2.

Mayor Kutteh reported during the pre-agenda meeting, Council discussed remanding this item back to staff for additional consideration. He asked for further discussion by Council. Council member M. Johnson asked confirmation that when the first parcel was rezoned to B2, there were two drive cuts onto Greenbriar permitted. Currier confirmed this information. Council member M. Johnson reminded Council this development was initially presented as a unified development but now, maybe it will not be unified, but developed separately, possibly by different owners. Council member M. Johnson expressed the need to have staff review the new plan since it is actually a change from what was initially presented to the Council for consideration. It was confirmed and undisputed by Council that North Carolina Department of Transportation granted two drive cuts onto the property for the first parcel of land. Council member Johnson then pointed out that when the parcel currently seeking rezoning is developed, they may very likely seek a third drive cut onto Greenbriar and Council would be obliged to allow the cut for property access. Council member M. Johnson stated his support of the B2 zoning, if the property is developed as the unified development with shared drive cuts. The problem with the unified development is that the properties are currently owned by different parties and the current developer may purchase the tract currently seeking rezoning. Councilmember M. Johnson suggested a conditional use B2 zoning, with the condition being the use of a shared drive. Attorney Gaines advised he would have problems requiring the use of a shared drive if the properties are not owned by the same party. The Council discussed in detail how to minimize the number of drive cuts onto Greenbriar Road with Attorney Gaines summing up by saying that in order to require the shared use of a drive cut for the properties he believes common ownership is required. Council member J. Johnson moved to approve the rezoning of property located at 296 Mocksville Hwy, Tax Map 4755-74-6793 from R-15 to B-2 and was seconded by Council member Stallard. Mayor Kutteh asked for any further discussion on the issue. There was some discussion regarding the consistency of Council’s actions between this project and the once recently considered on East Broad Street. Council members M. Johnson, Steele and Huggins felt to allow this rezoning would be inconsistent with their actions in the Broad Street case whereas Council members C. Stallard and J. Johnson did not see the developments as similar enough to be compared.

PAGE 535 Councilmember Steele expressed her continued concerns regarding the traffic congestion that would be caused by two or three more curb cuts onto Greenbriar Road. Attorney Gaines was asked to clarify what happens when the Council denies the requested rezoning. Gaines said that if denied, the petitioner couldn’t seek the same rezoning for two years nor any other rezoning for one year. Currier stated that another option would be for the petitioner to withdraw the request prior to the vote on the motion by Council. Council member M. Johnson asked could the Council not table the issue for further study by staff and Attorney Gaines said the current motion on the floor would require a vote or it must be withdrawn. Council member J. Johnson declined to withdrawn his motion. After some additional discussion regarding the drive cuts, the comparison of the East Broad Street request to this request, and desire for the a unified development, the petitioner stated that he would considering withdrawing his petition. Prior to this withdrawal, Council member J. Johnson said he would withdraw his motion. Council member M. Johnson moved to table the rezoning of property located at 296 Mocksville Hwy, Tax Map 4755-74-6793 from R-15 to B-2 for further consideration by staff and was seconded by Council member Steele and was unanimously approved. Approve amendments to the current City of Statesville Industrial Development Incentive Policy. Manager Hites reported regarding the review of the City’s Development Incentive Policy it was the direction of Council to review the Policy and make sure it was as fair to existing businesses planning expansions as it is to new businesses. Hites explained that one area where existing businesses expanding may have had problems was with the wage thresholds. Existing businesses already have management positions in place so it is harder for them to meet the qualifying wage limits, as the management positions usually serve to increase the average wage for the newly created positions. The amendments recommend using the Iredell County SIC code job rates for jobs added on during expansion rather than the William S. Lee act method. The policy would continue to require application for annexation and would not allow incentives for land purchase alone. The new policy would lower the threshold limit from $5,000,000 to $1,500,000 when the Iredell County unemployment rate is greater than 3.9%. Councilmember M. Johnson asked why the 3.9% rate and Hites explained that 4.0% is generally considered full employment in an area. M. Johnson asked if this would help us right now and Hites said yes, because the current unemployment rate is 4.1%. Upon a motion by Council member Stallard, seconded by Council member J. Johnson, the motion to approve the amendments to the City of Statesville Industrial Incentive Development Policy was unanimously approved.

PAGE 536 Consider second reading of an ordinance to condemn and demolish the dwelling at 332 Kelly Street, Iredell County Pin #4734-87-8316. Currier reminded Council that on 01/22/07, they delayed the second reading of this ordinance in order to allow the property owner additional time for substantial repairs to the structure. Currier presented several pictures of the property taken in May of 2006 and others taken on Friday, March 30, 2007. There was work done to the roof of the house, the front porch had work started, windows had been removed and some work had been done on the siding. Mr. Currier reported that he had driven by the house about twice a week since the January meeting and had rarely seen any on going work at the location. The owner has had since the October 2006 finding of facts hearing on the property to make substantial repairs and in Currier’s estimation, a minimal amount of progress has been made in improvement of the property. Currier noted the owner did attend the February 2007 Historic District Commission Meeting for approval to remove chimneys, window and door replacements and other items for which approval was granted. Council member Huggins, seconded by Council member Steele, made a motion to approve the second reading to condemn property at 332 Kelly Street. Mayor Kutteh asked for discussion of the motion. Councilmember J. Johnson indicated that he hated to approve demolition of the structure when work was ongoing although it was slower than it could be. Johnson said he would like to work with the owner for some additional time, particularly when considering the twenty five year struggle with the Anderson house. Currier was asked to clarify what the next step is if second reading is approved tonight. Currier said the owner could appeal the reading to Superior Court within 30 days. Council member Stallard said he has been by the house several times since and has seen no activity at the location until about one month ago. Stallard reported he was by the house today and met the company vice president or owner, Mr. Watts and asked him about anticipated completion date. Watts indicated that Mr. Peterson would be able to answer that question, as he was not sure. Council member Stallard said he was disappointed that process was taking so long but he hated to give up on the project so soon. Mayor Kutteh commented that it did not appear the property owner has taken the challenge very seriously and Council member Steele agreed. Council member J. Johnson stated that the owner had invested more than it might appear he had on first glance. J. Johnson said he believed at least $5,000 had been spent on the new roof but admits the owner could have done more in the time allotted although the approval process has held them up to a significant degree. Council member M. Johnson inquired if the property has power or not and Currier answered he did not know if the

PAGE 537 property has power. M. Johnson said he did not think the property could be repaired sufficiently to receive a CO in sixty days; there was simply too much work to be done. After some additional discussion, Mr. Gaines was asked to clarify what Council’s options are at this point. Gaines said that if the second reading is approved tonight, the structure would be demolished after the mandatory thirty day appeal period. If during that thirty days and prior to demolition, the owner completed substantial work, Mr. Currier could return to ask the order of condemnation be withdrawn. Council member J. Johnson reiterated the point that much of the owner’s time since January has been awaiting approvals from the Historic District Board and for inspections by Iredell County. He pointed out that this location is not the only the location the company is working on and their resources have to be divided. Council member J. Johnson supports giving owners some additional time, particularly since they have spent significant money toward the repair of the home. Johnson observed that just cleaning up around the work area would improve its appearance. To do the job and do it right, Council member Stallard suggested would probably take an additional six months, but at the rate the owner is currently progressing, it will never be finished. Mayor Kutteh asked Mr. Peterson, owner, to explain the progress or lack thereof at the location but reminded Mr. Peterson this was not a public hearing on the matter. Mr. Peterson explained that he was unable to obtain approval from the Historic District for major repairs until February 22 and this significantly delayed the work that could be done at the location. He reported that on the inside of the house, at the back, the area had been cleaned out and a structural engineer has been out and designed repairs for the problem areas. This process had also taken significant time, without the appearance of any work being done. He indicated his company has done a lot of work but much was left to do. Council member M. Johnson asked Mr. Peterson how long he thought it would take to get a certificate of occupancy for the house and Peterson answered that if everything was exactly as planned, on schedule, it would take a minimum of 90 to 120 days. Peterson discussed the scheduling issues associated with many of the projects, approval processes and availability of crews for varying construction areas such as plumbing, HVAC, and electrical. After lengthy discussion of the motion, Mayor Kutteh asked for a vote on the motion. The vote was unanimously defeated. Request exemption from G.S. 143-64.32 (Qualification Based Selection) for the design by Progressive Engineering Consultants, Inc. of an underground cable replacement project for the Sharon and Randa Drive area and authorize an expenditure of $15,000 from the balance of the Old Farm cable replacement project.

PAGE 538 Cranford explained this underground cable was in need of replacement as evidenced by a number of failures over the previous several years. It has been difficult to repair the lines due to their accessibility and it was decided to replace the lines, placing them along the front of the properties. GS 143-64.32 allows for waiver of bid for projects under $30,000 and the cost of this project is $15,000. The work has been completed and sufficient funds are available from the Old Farm Project to pay the costs and most likely to complete the remainder of the Sharon and Randa Drive project On a motion by Council member Steele, seconded by Council member M. Johnson, the Council unanimously approved the exemption and expenditure of $15,000 for the underground cable replacement for the Sharon and Randa Drive area. Authorize the replacement of certain vehicles and approve Budget Amendment #36. Finance Director, Lisa Salmon requested the replacement of six vehicles that are eligible for replacement based on the City’s new vehicle replacement policy. This includes vehicles scheduled for replacement in this year’s budget and some from next year’s anticipated budget. Buying the vehicles now allows the City to take advantage of current State contract prices and reduce some pressure on the upcoming budget. Upon a motion by Council member Steele, seconded by Councilmember Huggins, the Council unanimously approved the vehicle replacement and Budget Amendment #36. Request to purchase carpet extractor in the amount of $6,895 for Civic Center and approve Budget Amendment #37. John Bullard explained that in this year’s budget $6,000 was budgeted to clean carpet at the Civic Center and $12,000 is projected for next year. After reviewing this, staff would like to purchase a carpet extractor for $6,895 and clean the carpet with current staff. Bullard noted that over time this should save significant money. Funds are available in the budget but require an amendment to reallocate. Council member J. Johnson moved for approval of the purchase of a carpet extractor and Budget Amendment #37, Council member Stallard seconded the motion and it was unanimously approved. Approve hangar design plans submitted by Statesville Flying Service for construction of new hangers.

PAGE 539 Mayor Kutteh noted that Mr. Pressley was not available for the discussion and presentation of this matter due to the death of his mother. Mayor Kutteh offered the condolences on behalf of Council and City staff to Mr. Pressley. Thomas Hazel displayed current plans to Council for hanger development under their new lease option. The new lease was approved on October 6, 2006 and construction of the first hanger was to begin within six months with first hanger being completed within eighteen months and three hangers being completed within forty two months. Hazel reported the first hanger will be completed within forty five days and the remaining two should be complete by August or September. Changes are that they originally planned three, 15,000 square fee hangars with $27 million aircraft value and $2 million additional property value. The actual hangars are larger at 18,000 square feet with anticipated aircraft values of $36 million and personal property of $3.5 million. Mayor Kutteh inquired as to when the new terminal building will be built and Hazel stated that the terminal building will be Phase Two of their lease development. The new terminal will be approximately 12,000 square feet and Phase Three of their development will include an additional 18,000 square feet hanger. Hazel reported FAA approval of their current construction, zoning approval and building permit approval. He indicated staff has reviewed architectural elevation and the construction meets these standards. Upon motion by Councilmember J. Johnson, seconded by Gregory, hangar design plan submitted by Statesville Flying Service for construction of new hangars was unanimously approved. Receive report on ISO Compliance plan. Hites referred Council to a plan of action letter to Department of Insurance to address concerns with ISO rating. Hites asked for comment from Council regarding the letter or for agreement in officially forwarding the letter to the Department of Insurance. Hites has sought input from DOI but to date has not received a reply to his inquiries. Briefly, Hites explained that the plan is to build Station 4 in the Crawford Road area and relocate Station 3 to area that will better serve the Exit 45 development. Between March and July, the City will work to acquire the land need to locate Station IV; July – September, architectural design of Station 4 and Station 3; October – December, approvals and bidding for construction of Station 4, February – August 2008, construction of Station 4 with occupancy of Station in August 2008. Hites stated that mutual aid agreements are in place to meet needs in areas outside the five mile radius until Station 3 is relocated. Hites is

PAGE 540 hopeful this solution will be acceptable to the Department of Insurance but if not, after receiving their comments, staff will reconsider options. Mayor Kutteh expressed appreciation for the good report and for the interest of members of Statesville Fire Department in the audience. Council member Johnson asked if any motion was required and it was determined a motion was needed to accept the report and forward the letter. Council member J. Johnson made a motion to accept the report and forward the City’s letter of response to the Department of Insurance. The motion was seconded by Council member Steele and unanimously approved. Council member J. Johnson moved for an Executive Session of Council to discuss a land acquisition matter. Motion was seconded by Council member M. Johnson and unanimously approved. Upon return from Executive Meeting, Council reported no official action. Council member Steele made a motion to adjourn meeting, seconded by Council member M. Johnson and was unanimously approved.


_________________________ Mayor

_____________ City Clerk

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