CIHOIeN  ECNOrTIET MINUTES Town ofMooresville Board ofCommissioners May 20, 2024 6:00 PM - Mooresville Town Hall  Regular Meeting  Present: Mayor Chris Carney, Commissioner Eddie Dingler, Commissioner Will Aven, Commissioner Tommy DeWeese, Commissioner Lisa Qualls, Commissioner Gary West, Commissioner Eddie Karriker, Town Manager Tracey Jerome, Assistant Town Manager Ryan Rase, Assistant Town Manager Sherisha Hills, Assistant Town Attorney Carey Austin, Town Also Present: CFOChris Quinn, Fire Chief Curt Deaton, Assistant Fire Marshal Jason Workman, First Assistant Police Chief Frank Falzone, Planning Director Erika Martin, Public Services Director.Jonathan Young, Deputy Finance Director Evans Ballard, Budget Manager DeAnna Cloninger, Communications & Marketing Specialist Brittany Corl, Innovation and Technology AV& WebT Technician Alan Bradford, Planner Sandy Howell, Planner Ricky  ClerkJane Crosby  Cypher, Assistant Town Clerk Ann Burns  1. Call to Order  Mayor Carney called the meeting to order at 6:00 p.m.  2. Invocation and Pledge of Allegiance  Commissioner Karriker gave thei invocation and led the Pledge of Allegiance.  3. Presentations  a. Proclamation Recognizing May 2024 as Amyotrophic Lateral Sclerosis (ALS). Awareness b. Kelly Weeks, wife of Deputy U.S. Marshall Thomas Weeks, whospoke. about the recent incident involving the death of four law enforcement professionals, including her  Month. husband.  4. Manager's Report  a. Town Manager Tracey Jerome and Assistant Town Manager Sherisha Hills provided b. Town Manager Tracey Jerome presented the FY25 Recommended Budget.  the Manager's Report.    5. Adjustments to the Agenda REGULAR, AGENDA  7.a (AMENDED) Consider: a request from the Planning & Community Development a4.15-acre sitel located at 840 Brawley School Road (Master Craft).  Department to approve. an Ordinance for Conditional Rezoning Request CZ-2024-04 for Dyer Marine LKN, LLCis seeking Conditional Community Commercial (C-CC) fora4.15- acre: sitel located at 840 Brawley School Road, Master Craft, (PIN 4637805220). The propertyis currently zoned Conditional Use Neighborhood Business (CU-NB) Mixed-Use  CU-NMX. Draft Ordinance amended (Title, #4, and #10).  7.d (AMENDED) Consider: a request from the Planning & Community Development Department to approve an Ordinance for: Text Amendment Request TA-2024-051 tothe Unified Development Ordinance for Batch 2. Amendments. Draft UDOText and Draft Moved by Gary West, seconded by Eddie Dingler, to approve the Adjustments to the. Agenda, the Consent Agenda, and the Regular Agenda, as submitted.  Ordinance amended.  MOTION CARRIED: 6-0 6.5 ConsentAgenda  6.a Approved a request from the Engineering Services Department to adopt a Resolution approving Supplemental Amendment #2 tot the. A. Morton Thomas and Associates, Inc. contract in an amount not to exceed $85,199.20 for additional construction inspection work on Highway 115/Faith Road Intersection Improvements Project C-5529. The contract amount will increase from 399.34431054448341 Agiloft Contract #24-  605  Resolution - A. Morton Thomas.pdf Amendment - A. Morton Thomas.pdf  6.b Approved a request from the Engineering Services Department to adopt a Resolution approving Change Order #5 for Landdesign, Inc. contract in an amount not to exceed $10,000.00 foradditional design work on Dye Creek Greenway NCDOT The contract amount will increase from $401,950.00 to $411,950.00. Budget amendments for this item are part of consent item by Finance associated with several project closeouts and movement of funds to project ordinances. Agiloft Contract #24-636 6.c Approved a request from the Finance Department to approve an ordinance to amend the budget to appropriate reserve in the amount of $410,000 from the General Capital Reserve Fund to establish the Information Technology Capital Project. This project will include Webex Cloud Migration, Board Room AV Enhancements and Network  #EB-5787.  Resolution LandDesign.pdf. Amemdmemt-lamiDstcapet  Resiliency upgrades. Project_Ordinanee.-    Information_Technoog.Popets.05.0520.4.bstabish  legal_edits_pdf  Ordinance_-  BudgetAmemlmemt.0sapa.lmimatm.rTehmoleg.Pegam, legal_edits_ 6.d Approved a request from the Finance Department to: approve an ordinance to close out five project ordinances and use the remaining balances to transfer funds in the amount of $10,000 to the Dye Creek Greenway Capital Project to cover increased design expenses, transfer $253,000 tot the NCHWY 115/Faith Road Capital Project to replace TACStafford revenues, and transfer the remaining $59,911 to Other  Obligations for capital projects.  Ordinance_-  Budget_Amendmendment.0520.24.close_5.projects, add_to_Dye_Creek_and_115 Dye_Creek_Greenway_Amendment.7.0520.4.design._funds_ 10_000_legale NC5.and_FaithRoad_Amend.7.0520.4.Teplace.TAC.Statiord_revenues. 6.e Approved a request from the Planning & Community Development Department to approvea Resolution awarding the planning contract for the Mooresville Mobility Plan tol RS&H for: an amount not to exceed $350,000 and approve the corresponding budget amendments. This scope oft this contract is to identify critical connectivityand mobility needs for all modes of travel in Town and to develop strategies and recommendationsi to  address them.. Agiloft Contract 24-620. Resolution - RS&H.pdf Contract.-_RS_Hpd:  6.f Approved a request from the Police Department to adopt a Resolution to accept a Governor's Highway Safety Program Traffic Unit Expansion - Year: 3 grant. There isa Grant to support the third year of: a three year project to expand the MPD traffic unit by two additional traffic officers dedicated to highway safety activities by providing funds to assist in continuing two officers' salaries, fringe benefits, and some Kesolution.lO_acepLgrant.05202024, legal_edits_pdf  50% match required by the Town.  specified travel and training.  6.g Approved a request from the Public Services Department to adopt a resolution approving the Municipal Operations Traffic Control Devices Traffic Signals Agreement Schedule C(Agreement ID #12886) between the Town of Mooresville and North Carolina Department ofTransportation. Agiloft Contract #24-606. Resolution-  DOT.pdf  Agreement-.DOTpar  6.h Approved a request from the Traffic & Transportation Department to adopt a resolution to convert the existing two-way stop-controlled intersection of Water Oak Driveand Morehouse Avenue to an all-way stop-controlled intersection. This will require adding two stop signs on Water Oak Drive, one for each intersection approach.  Thel Police Department agrees with this installation. Water Oak_Morehouse Stop Warrant_New: MUTCD.pdf MMAY Water.Oak.Dt.amd.Morehouse_Ave legal_edits_pdf    6.i Approved a request from the Traffic & Transportation Department to adopt a resolution to convert the existing two-ways stop-controlledi intersection ofWhite Oaks Road and Grace Meadow Drive to an all-way stop-controlled intersection. This will require adding two: stop signs on Grace Meadow Drive, one for each intersection approach. The Police White Oaks Road_Grace Meadow Drive_Stop Warrant_New: MUTCD_Updated  Department agrees with this installation. Ordinanc-.to.Install_Al-Way.Slop.-  Crash Data.pdf  Whte_0ak.Ramma.CseMiedow.De. JlegaL_edits_.pdf  7. Regular Agenda  7.a (AMENDED) Consider a request from the Planning & Community Development Department to approve an Ordinance for Conditional Rezoning Request CZ-2024-04 for a4.15-acre. site located at 840 Brawley School Road (Master Craft). Dyer Marine LKN, LLCiss seeking Conditional Community Commercial (C-CC)fora4.15- acre site located at 840 Brawley School Road, Master Craft, (PIN 4637805220). The property is currently zoned Conditional Use Neighborhood Business (CU-NB). CZ-2024-04 840 BSR Packet BOC.pdrcZ-2024-04.M40.BR_Dmt.Ordinanc_BOC  (5).pdf  Mayor Carney opened the public hearing at 6:28 p.m. Nolan Grace, Urban Design Partners, spoke about his request. There were two people signed up tos speak; three people spoke.  Sandy Howell presented.  Moved by Lisa Qualls, seconded by Eddie Dingler, to approve CZ-2024-04 with the agreed upon conditions because the proposal is consistent with the' Town's OneMooresville Plan. Specifically, the proposal calls for community scale commercial and form characteristics ofthe Mixed-Use Corridor and includesa well-designed pocket park. In addition, the proposed use, Boat Sales and Service Center would serve multiple surrounding neighborhoods) nestled between them and the nearby lake front. The request is reasonable and in the publici interest because it matches the existing character of the area, provides public open space which enhances pedestrian connectivity, and serves local business needs.  MOTION CARRIED: 6-0  7.b Consider: a request from the Planning & Community Development Department to approve an Ordinance for Conditional Rezoning Request CZ-2024-031 fora1.447-acre Cambridge-Moresille LLCiss seeking Conditional Corridor Mixed Use (C-CM) fora 1.447-acre site located at Highway: 3/Kistler Farm Road (PIN 4666749013). The property  site located at Highway 3/Kistler Farm Road (McDonald's).  iscurrentlyzoned Corridor Mixed Use (CM). CZ-2024-03 TB Staff Report.pdf  CZ-2024-03 Harris Farms McDonalds TB Draft Ordinance.pdf Mayor Carney opened thej public hearing at 7:051 p.m.  Ricky Cypher presented.    Will Marshall, Integrity, Engineering, spoke about his request. There was one person signed up to: speak; one person spoke.  Moved by Tommy DeWeese, seconded by Eddie Dingler, to approve CZ-2024-03 with the agreed upon conditions because the proposal is consistent with the Town's OneMooresville Plan. Specifically, the proposal calls for community scale commercial and form characteristics, such as the desired building height and front setback for the Neighborhood Residential character area. Additionally, OneMooresville encourages buildings to be sites to engage. the street to makei it possible for strong pedestrian corridors. The request also integrates greenspace and dedicates open space on the corner of Kistler Farm Road and Coddle Creek Highway. The request is reasonable and in the publici interest because it enhances the existing character of the area by providing open space, which increases accessible greenspace for residents inal location that links commercial  and residential areas. MOTION CARRIED: 6-0  7.c Considerai request from the Planning & Community Development Department to approve an Ordinance for Rezoning Request RZ-2024-07 fora a 2.56-acre site located at Dana & Lynne Gingras Revocable Living Trust is seeking Community Commercial zoning fora: 2.56-acre site located at 144, 148 and 152 Ervin Road (PINS 4647189269 & 4647187295). The sitei is currently zoned Conditional-Corridor Mixed Use (CMX-C).  144, 148, and 152 Ervin Road.  FINALStaff Report RZ-2024-07 144,148,152 Ervin Rd.pdfRZ- 0aoEni.Ra_UplaisDait.Onimne 4_-pdf Mayor Carney opened the public hearing at 7:38 p.m. Ricky Cypher presented. Justin Benny spoke about his request. There was one person signed up to: speak; no one spoke.  Moved by Gary West, seconded by Lisa Qualls, to approve RZ-2024-07 through rezoning 144, 148, and 152 Ervin Road to CCbecause the proposal is consistent with the Town's OneMooresville Plan. Specifically, the requestis compatible between and within character areas as it aligns with the commercial uses to the south and west ofthe site. Furthermore, the request isreasonable and in the public interest because a commercial use at this location is appropriate for the existing and future context ofthe area.  MOTION CARRIED: 6-0  7.d (AMENDED) Consider: a request from the Planning & Community Development Department to approve an Ordinance for: Text Amendment Request TA-2024-05to the Unified Development Ordinance for Batch 2. Amendments all Sections except 7.d(ii). 7.d(ii) Considera request from the Planning & Community Development Department to approve an Ordinance for: Text Amendment Request TA-2024-05 (PartlI)tothe Unified Development Ordinance Batch: 2 Amendments: Street, Amendments to the Unified Development Ordinance regarding industrial structure height and design, amenitized stormwater ponds, lighting, signage, Concept Plan  Sidewalk, Greenway Standards: Section 5.1.6.C( (Page 263).    submissions, greenway coordination with schools, daycare stacking, use permissions and  standards, and other minor modifications. TA-2024-05 TBI Packet.pdf ORDTADAGHs Final_.pdf  Mayor Carney opened the public hearing for PartIat 7:51 p.m. There were two people signed up to speak; one person spoke.  Erika Martin presented.  Moved by Gary West, seconded by Tommy DeWeese, to modify Item 7.d.i: TA-2024-05, Batch 2 Amendments PartIby: amending the language in the Section 4-3-5.E.8.a proposal to: "Nolot, parcel, or tract of real property upon which a CBD, Vape, and/or' Tobacco Shop is situated shall be located within 1,000 feet of any Religious Assembly, Daycare, or Public Park or Recreation Facility. Furthermore, no CBD, Vape, and/or Tobacco Shop shall be located within 1 mile of: any public or private. school property line."The modified proposal is consistent with the Town's OneMooresville Plan. Specifically, the amendments encourage the development ofinfill housing sites, guide design to achieve desired character areas, promote street- oriented design, supports a varietyofemployment generating uses, supports greater flexibilityof) physical development standards, and supports a variety ofhousing types. Furthermore, the request is reasonable and in the public interest because it provides flexibility in development that promotes infill commercial and residential development, ensure compatibility and consistencyofuses, enhances pedestrian safety and encourages flexible pedestrian-oriented design, provides greater consistency between UDO sectionsand recent changes, and supports the development ofemployment-  generating uses. MOTION CARRIED: 6-0 Erika Martin presented. One person spoke.  Mayor Carney opened the public hearing for Part II at 8:08 p.m.  Moved by Gary West, seconded by Tommy DeWeese, to modify Item 7.d.ii: TA-2024-05, Batch 2 Amendments Part libyamending the language in the Section 5.1.6.C.2.c) proposal as follows: "The Planning Director shall waive the requirement to install bicycles facilities, such as greenways and/or shared path locations, connecting to or through school properties upon the written request ofthe governing board ofsuch school or highest ranking administrator thereof; provided, however, that an easement shalll be dedicated to the Town ofMooresville to preserve critical alignments and allow for future connections. The requirement for dedication shall not be waived. For purposes ofthis section, school shall mean a public or private K through 12 school but shall not include homeschools."The amendments are consistent with the Town's OneMooresville Plan. Specifically, the amendments encourage coordination with school officials and ensure that    the character of the areas are enhanced by and supportive ofthe schools. Furthermore, the request is reasonable and in the publicinterest because it provides for the safety ofschool children and school personnel, while still  encouraging quality oflife amenities, such as greenways.  MOTION CARRIED: 6-0 8. New Business - None 9. Closed Session  Moved by Gary West, seconded by Eddie Dingler, to enter closed session.  MOTION CARRIED: 6-0  a) Consult with Attorney- G.S.1 143-318.11(a)(3) b) Economic Development- G.S. 143-318.11(a)4) c) Acquisition of Property - G.S. 143-318.11(a)65) d) Personnel- G.S. 143-318.11(a)(6)  MINUTES FOR THE CLOSED SESSION HAVE BEEN RECORDED AND SEALED UNTIL PUBLIC INSPECTION WILLN NO LONGER FRUSTRATETHE PURPOSEC OF  THE CLOSED SESSION.  Following the closed session, the Board returned to open session.  10.Adjourn  Moved by Gary West, seconded by Eddie Dingler, to adjourn.  MOTION CARRIED: 6-0 Adjourned at 9:23 p.m.  Americans with Disabilities Act (ADA) Statement Iti is the policy oft the Town of Mooresville that all Town public meetings and' Town-sponsored public meetings and events area accessible toj people with disabilities and to those with difficulties understanding the English language. Ifyou need assistance in participating in this public meeting due toa disability as defined under the Americans with Disabilities Act (ADA), or need other translatives services, please call the Town Clerk's Office at 704-662-3131 or crabyemoorsvilence, or the Town ADA Coordinator at 704-602-35240r  muselemoorevilemeso, at least three (3) business days prior tothe.scheduled meeting or  event to request an accommodation.  Carney, Myor  R  9By