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City Council Regular Meeting

Regular Meeting

Hendersonville, NC · January 5, 2023

AgendaPacketMinutes

Minutes

REGULAR MEETING JANUARY 5, 2023 VOLUME 26 PAGE 82 MINUTES January 5, 2023 REGULAR MEETING OF THE CITY COUNCIL CITY OPERATIONS CENTER I 305 WILLIAMS ST. I 5:45 p.m. Present: Mayor Barbara G. Volk, Mayor Pro Tern Lyndsey Simpson and Council Members: Dr. Jennifer Hensley, Debbie O'Neal-Roundtree, and Jerry A. SmithJr.,JD. Staff Pre_S_ent: City ManagerJohn F. Connet, Assistant City Manager Brian Pal1le, City ClerkJill Murray, City Attorney Angela Beeker, Communications Manager AllisonJustus, Budget Manager Adam Murr, and others. 1. CALL TO ORDER Mayor Volk called the meeting to order at 5:47 p.m. and welcomed those in attendance. A quorum was established with all members in attendance. 2. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG The City Council observed a moment of silence for prayer or reflection followed by the Pledge of Allegiance to the Flag. 3. PUBLIC COMMENT Up to 15 minutes is reserved/or comments from the public not listed on the agenda. Ty Keplinger addressed City Council regarding the splash pad for Patton Park and how exciting that it is becoming a reality. Lynn Williams addressed City Council via Zoom electronic software regarding Boyd Park and keeping the mini golf course there. She also spoke of the dismissal of the lawsuit on Chadwick Ave/Greenville Highway and asked for more access and ability to have a voice with City Council. 4. CONSIDERATION OF AGENDA Council Member Debbie O'Neal Roundtree moved that City Council approve the agenda as presented. A unanimous vote of the Council followed. Motion carried. 5. CONSENT AGENDA A. Adoption of City Council Minutes - Jill Murray, City Clerk B. Utility Extension Agreement for the Half Moon Heights Subdivision - Brendan Shanahan, Project Division Manager Resolution# 23-01 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A UTILITY EXTENSION AGREEMENT WITH HALF MOON LAND HOLDINGS, LLC FOR THE HALF MOON HEI GHTS SUBDIVISION WHEREAS, the City of Hendersonville owns, operates and maintains water and sewer systems to serve customers throughout Henderson County; and WHEREAS, residential, commercial, and industrial developments often require public water and gravity sewer service as a part of their development projects; and WHEREAS, the Developer extends public water and gravity sewer lines to their site, which upon completion and acceptance, are provided to the City to own, operate, and maintain; and WHEREAS, the City requires a Utility Extension Agreement to be executed to establish requirements of both the Developer and the City for the ,,water and sewer line extension process; and WHEREAS, Half Moon Land Holdings, LLC., the "Developer" and "Owner", will enter into a Utility Extension Agreement with the City to provide water service to the Half Moon Heights Subdivision. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that: I. The Utility Extension Agreement with Half Moon Land Holdings. LLC, the "Developer" and "Owner" to provide water service to the Half Moon Heights Subdivision is approved, as presented. REGULAR MEETING JANUARY 5, 2023 VOLUME 26 PAGE 88 Resolution #23-06 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL APPROVING THE CONVEYANCE OF CITY PROPERTY TO NCDOT FOR THE WIDENING OF NORTH MAIN STREET IN HENDERSONVILLE, NC WHEREAS the City of Hendersonville owns the property identified by Tax Parcel ID 9569705860 and known as Edwards Park: and WHEREAS, the Nmih Carolina Department ofTranspo1iation (NCDOT) has a project identified as TIP Project: SM-6114C and known as North Main Street/ US Hwy. 25 Intersection Improvements; and WHEREAS, NCDOT needs to acquire approximately .007 acres of new right of way from the City of Hendersonville for the road and sidewalk improvements; and WHEREAS, NCDOT needs to obtain approximately .049 acres from the City of Hendersonville for a temporary construction easement: and WHEREAS the Hendersonville City Council recognizes that improvements to the North Main Street/ Hwy 25 intersection are desperately needed and in the best interest of the City of Hendersonville. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that: I. That the City of Hendersonville will convey at no cost approximately .007 acres for use as public right way and .049 acres as temporary construction easement for this project. 2. The City Manager and City Attorney are authorized to negotiate and execute the necessary deeds and agreements. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of January, 2023. J. January Budget Amendments -Adam Murr, Budget Manager TO MAYOR & COUNCIL - January OS, 2023 FISCAL YEAR 2023 Form Number - 01052023-01 BUDGET AMENDMENT FUND 301 ACCOUNT NUMBER DESCRIPTION OF ACCOUNT INCREASE DECREASE 301-0000-420050-G2303 Grant Revenue 53,625 - 301-1300-519200-G2303 Contracted Services 53,625 - TOTAL REVENUES 53,625 FUND301 TOTAL EXPENDITURES 53,625 - An amendment corresponding to a newly created grant project ordinance (GPO) #G2303. The amendment makes $53,625 budget available following HPD's receipt of a grant from the Governor's Crime Commission to fund HPD's portion of an embedded mental health professional across 2 years. ITO MAYOR & COUNCIL- January OS, 2023 ) FISCAL YEAR 2023 Form Number - 01052023-02 BUDGET AMENDMENT FUND 301 ' ACCOUNT NUMBER DESCRIPTION OF ACCOUNT INCREASE DECREASE ' i 301-0000-420050-G2304 Grant Revenue 39,650 - i 301-1300-519200--G2304 Contracted Services 39,650 - I TOTAL REVENUES 39,650 - i FUND301 TOTAL EXPENDITURES 39,650 - j An amendment corresponding to a newly created grant project ordinance (GPO) #G2304. The amendment makes I $39,650 budget available following HPD's receipt of a grant from the Governor's Crime Commission to fund a I contracted professional to support NCLEA accreditation.

Agenda

CITY OF HENDERSONVILLE CITY COUNCIL REGULAR MEETING Operations Center - Assembly Room | 305 Williams St. | Hendersonville NC 28792 Thursday, January 05, 2023 – 5:45 PM AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT - Up to 15 minutes is reserved for comments from the public not listed on the agenda. 3. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG 4. CONSIDERATION OF AGENDA 5. CONSENT AGENDA - Items are considered routine, noncontroversial in nature and are considered approved by a single motion and vote. A. Adoption of City Council Minutes – Jill Murray, City Clerk B. Utility Extension Agreement for the Half Moon Heights Subdivision – Brendan Shanahan, Project Division Manager C. Utility Extension Agreement for the Orchards at Howard Gap – Brendan Shanahan, Project Division Manager D. Utility Extension Agreement for the Dodd Meadows Subdivision – Brendan Shanahan, Project Division Manager E. Utility Extension Agreement for the Haywood Park Subdivision – Brendan Shanahan, Project Division Manager F. Capital & Grant Project Ordinances – Jennifer Floyd, Budget & Mgmt. Analyst G. Tentative Contract Award for Construction of the WWTF Ultraviolet Disinfection Improvements Project – Adam Steurer, Utilities Engineer H. Rescission of the COVID-19 Test Positive Policy – Jennifer Harrell, HR Director I. Conveyance of Right of Way for N. Main/US 25 Intersection Improvements – John Connet, City Manager J. January Budget Amendments – Adam Murr, Budget Manager K. Untitled Hallmark Christmas Movie Special Event Application - Jamie Carpenter, Downtown Manager CITY COUNCIL REGULAR MEETING – January 05, 2023 Page | 1 L. Resolution for the City of Hendersonville to Pursue a NCDOT Division of Integrated Mobility Paved Trails and Sidewalk Feasibility Studies Grant – Brent Detwiler, City Engineer 6. PRESENTATIONS A. MLK Day of Service Proclamation B. Proclamation-National Blood Donation Month C. Caregivers of Mother Earth Update – Elle Travis, Caregivers of Mother Earth D. Employee Recognition E. EAN Leadership Academy Participants-Jennifer Harrell, Human Resources Director 7. PUBLIC HEARINGS A. Zoning Text Amendment: Lightning Ordinance (P22-100-ZTA) – Matthew Manley, AICP – Planning Manager 8. UNFINISHED BUSINESS A. Consideration of Ordinance Amending Chapter 20, Article II, Noise of the Hendersonville City Code – Lew Holloway, Blair Myhand, Angela Beeker, John Connet 9. NEW BUSINESS A. Parking Fee Amendment – Brian Pahle, Assistant City Manager B. Resolution Requestion Local Modification to §160A-301(a) – John Connet, City Manager C. Establish 2023 NCLM Legislative Priorities and Appoint Mayor Volk as NCLM Voting Delegate – John Connet, City Manager D. Special Event Fee Amendment – Jamie Carpenter, Downtown Manager E. Discussion Regarding Placement of Kiwanis’ Club Splashpad at Patton Park – John Connet, City Manager F. Rescheduling of February 2, 2023, and April 6, 2023, City Council meetings – John Connet, City Manager 10. BOARDS/COMMISSIONS/COMMITTEE APPOINTMENTS A. Board and Committee Appointments for December, 2022 B. Parks & Recreation Master Plan Committee – John Connet, City Manager 11. CITY COUNCIL COMMENTS 12. CITY MANAGER REPORT - John F. Connet, City Manager CITY COUNCIL REGULAR MEETING – January 05, 2023 Page | 2 13. CLOSED SESSION A. Closed Session – John Connet, City Manager The City of Hendersonville is committed to providing accessible facilities, programs and services for all people in compliance with the Americans with Disabilities Act (ADA). Should you need assistance or an accommodation for this meeting please contact the City Clerk no later than 24 hours prior to the meeting at 697-3005. CITY COUNCIL REGULAR MEETING – January 05, 2023 Page | 3

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