Docstoc

1282

Document Sample
1282 Powered By Docstoc
					                 REGULAR SESSION OF SEPTEMBER 27, 2011


The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on
Tuesday, September 27, 2011 in the Council Chambers of City Hall with Mayor Rick
Murphrey presiding.

ATTENDANCE

The following Councilmembers were present: Howard Shipp, Rodney Gordon, Houston
Corn, Mike Butler, Tommy Hawkins, Rick Moore and Dean Spears.

Also present: Mickey Corry, City Attorney, Marilyn Sellers, City Manager and Ann
Sessom, City Clerk.

INVOCATION

The invocation was given by Reverend Ron Caulder, Eastside Baptist Church, Kings
Mountain, North Carolina.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Rick Murphrey.

AGENDA ADOPTION

Mayor Rick Murphrey asked City Council if they would like to make any changes to the
proposed agenda. Councilmember Rick Moore requested that Item 10D and 10G be
removed from the consent agenda and placed as Item 15 and Item 16 under the Regular
Meeting section for discussion. Upon motion by Councilmember Howard Shipp and
seconded by Councilmember Rick Moore it was unanimously voted to adopt the agenda
as presented with the two changes noted.

SPECIAL PRESENTATION AND RECOGNITIONS

City Councilmembers Comments and Remarks:

Councilmember Mike Butler recognized Jackie Barnette, Public Works Director and
Cemetery Director for the outstanding job that he does for the City. Public Works
completed a project on Church Street and the area looks great.
Minutes – September 27, 2011                               Page 2

Mayor’s Comments and Remarks:

Mayor Murphrey recognized the following employees for their years of service with a
framed certificate and service pin:

   •   Josh Conrad                   15 Years              Electric Lineman 1st Class
   •   La-Verne Smith                10 Years              Telecommunicator

PRESENTATION BY ELECTRICITIES

Jim Shill, Safety & Training Manager, ElectriCities, presented to the Electric Department
and the City the 2010 Safety Award from ElectriCities. The Electric Department received
this award for their excellent Safety & Training dedication and for no job related lost
time accidents or injuries for the calendar year 2010.

SPECIAL EVENTS UPDATE

Ellis Noell, Special Events Director, updated the City Council on events that took place
in September:
    • 9-11 Observance

CITIZEN RECOGNITION

Shirley Brutko, Cleveland County Chamber, thanked Jackie Barnette, Public Works
Director, for installing the informational signs which direct people to our Historical
Museum.

Shirley Brutko also updated City Council on the proposed Mural #4 which will be called
Pleasant Memories and gave Council a drawing of the mural. The mural will be located
on the three brick panels at the back of the drive between Wells Fargo and Allen Tate
Realtors. The estimated cost of the project will be $2,500.00. The Mural Committee has
already raised $550.00 in donations toward this project.

CONSENT AGENDA

Upon motion by Councilmember Rick Moore seconded by Councilmember Dean Spears,
it was unanimously voted to adopt the following consent agenda:

   A. Minutes: Approve Minutes of the Regular Meeting August 30, 2011.

   B. Set the date of Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to
      consider Ordinance establishing the Water Shortage Response Plan for the City of
      Kings Mountain, North Carolina.
Minutes – September 27, 2011                               Page 3

   C. Accept Certificate of Sufficiency and adopt Resolution 11-45 setting the date of
      Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to consider
      voluntary contiguous annexation petition from T5 @ Kings Mountain V, LLC
      Case No. 2011-VA-4 – Tax Map 4-28, Block 1, Lots 25 & 199 – Parcels 10982 &
      56145.

   D. Set the date of Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to
      consider a Zoning Ordinance Text Amendment (Case No. Z-1-9-11) – Article
      VIII-SR26 – Recreational Vehicle Parks or Campsites Amendment. (Item
      removed from consent and placed as Item 15 under Regular Meeting).

   E. Set the date of Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to
      consider rezoning request by Glen Cody to rezone property located approximately
      at 2004 Shelby Road also known as Tax Map 4-29, Block 1, Lot 14 from
      Neighborhood Business (N-B) to General Business (G-B) – Case No. Z-3-9-11.

   F. Set the date of Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to
      consider a request by Tommy Hall for an amendment to the rezoning Case No.
      CUR-1-5-09 adopted on July 28, 2009 for Hall Builders, Inc. (Eagles Gate)
      property located on Garrison Road – Case No. CUR-1-9-11.

   G. Set the date of Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to
      consider request by Reg Alexander to rezone property located approximately at
      311 Scism Road (per the Cleveland County GIS) also known as Tax map No. 4-
      61, Block 1, Lot 53 or PIN 44582 from General Business-Commercial to
      Residential R-10 (R-10) – Case No. Z-2-9-11. (Item removed from consent and
      placed as Item 16 under Regular Meeting).

   H. Approve Mayor Rick Murphrey as the voting delegate and Councilmember
      Howard Shipp as the alternate voting delegate for the annual business meeting of
      the 2011 Annual Conference of the North Carolina League Convention to be held
      in Raleigh, NC on October 24th – 25th, 2011.

   I. Notification that the City of Kings Mountain will utilize the use of G.S. 143-129
      (e) (3) to participate in an Ohio State contract to purchase the Vacall Combination
      Vac Cleaner Truck (Aquatech Model B10 Sewer Cleaning Truck) in the amount
      of $258,954.40.

   J. Remove the two term limit policy on the Planning & Zoning Board, Board of
      Adjustment and Moss Lake Advisory Committee that was approved 11-25-08.

   K. Authorize the Mayor to execute the NCDOT Comprehensive Pedestrian Plan
      Municipality Reimbursement Agreement.
Minutes – September 27, 2011                            Page 4

   L. Authorize the Mayor to execute an agreement for Center Street and Galilee
      Church Road Sewer Project (CDBG Project).

   M. Award contract to Joel E. Wood & Associates for Engineering Services on CDBG
      infrastructure project for installation of approximately 4,270 lf of sewer to
      connect 18 single family homes on Center Street and Galilee Church Road.

   N. Award contract to Steve Austin for Administration Services on CDBG
      infrastructure project for installation of approximately 4,270 lf of sewer to
      connect 18 single family homes on Center Street and Galilee Church Road.

   O. Award bid to Charlotte Truck Center, Inc. for a tandem dump truck in the amount
      of $88,278.00.

   P. Adopt Resolution 11-46 approving BB&T’s financing terms for the financing of
      a 2011 Sewer Cleaner Truck and 2012 Dump Truck with the amount financed not
      to exceed $347,232.00.

   Q. Recommend to Gaston County Board of Commissioners the appointment of John
      Houze for the expired Gaston County ETJ position on the Board of Adjustment
      with term expiring December 31, 2013.

   R. Authorize Chief Melvin F. Proctor to sign a Mutual Aid Agreement with Chief
      Monroe, Charlotte Mecklenburg.

   S. Authorize the Mayor to sign first amended and restated Power Purchase and Reps
      Compliance Service Agreement between Duke Energy Carolina, LLC and City of
      Kings Mountain, North Carolina.

   T. Authorize the Mayor to sign second amended and restated Power Purchase and
      Reps Compliance Service Agreement between Duke Energy Carolinas, LLC and
      City of Kings Mountain, North Carolina.

   U. Appoint Stacy Ledbetter, Quality Inn, to fill the unexpired term of Kathy
      Anderson on the Tourism Development Authority with term expiring June 30,
      2013.

PUBLIC HEARING

Upon motion by Councilmember Houston Corn and seconded by Councilmember
Tommy Hawkins it was unanimously voted to recess the Regular Meeting at 6:28 p.m.
and enter into a Public Hearing to discuss the following:
Minutes – September 27, 2011                                 Page 5

Request to close a portion of Quality Lane (SR 2312) (Continued from 8-30-11) – Steve
Killian, Planning Director.

Steve Killian, Planning Director stated: “We have been waiting on the petitioner to
submit an easement map and the appropriate deeds of easement to cover the various
utilities in the portions of the road under the request. To date we have not received such.

The agenda says that continuing the public hearing for this matter will be voted on in
item 12. With that understanding we will hopefully receive and review an easement map
and deed of easement in time for the next regular city council meeting.”

No one else requested to speak for or against this matter.

Request to close a portion of East Mountain Street (Continued from 8-30-11) – Steve
Killian, Planning Director.

Steve Killian, Planning Director stated: “We have received the deed of easement and
easement map and both items have been reviewed by staff and legal counsel. They
appear to accomplish what we are looking for which includes empowering the city to
maintain its underground and overhead utilities in the former right of way area as well as
preserve the existing paved area for parking and circulation relating to the old city
stadium facility.

Subsequent to the close of the public hearing it is appropriate for city council to take
action on the draft ordinance which would close most of the portion of East Mountain
Street between South Gaston and the old city stadium.”

E. Scott Cloninger, attorney representing petitioner stated that he was available if Council
had questions.

David Faunce, 116 East Mountain Street was opposed to the closing of a portion of East
Mountain Street.

No one else requested to speak for or against this matter.

To consider a request by Dwayne and Jennifer Hord to rezone property located at 1026
Bethlehem Road also known as Tax Map No. KM 4-33A, Block 1, Lot 71 or PIN 13880
from Residential R-10 to Conditional Use Residential R-20 – Case No. CUR-1-8-11–
Steve Killian, Planning Director.

The following were sworn in prior to testimony by City Clerk Ann Sessom:
Steve Killian, Planning Director            Matthew Hord
Brad McKee                                  Pete Burnett
Ron DiSabato                                Rachel Lau
Dwayne Hord                                 Bill McDaniel
Minutes – September 27, 2011                                 Page 6

Judy Falls                                    Steve Lancaster
Steve Taylor                                  Sarah Murray
Robert Eng, III

Steve Killian, Planning Director stated: “Tonight’s report will be short because the
applicant submitted a revised application yesterday and the planning and zoning board
did not make a recommendation at its meeting, which, according to the zoning ordinance
will be presented to you before you consider a draft zoning ordinance amendment and its
conditional use permit.

The area this request is in is a mixture of traditional residential development and
agricultural or more rural appearing uses. In fact two somewhat similar requests have
been approved in the general area by city council. This property adjoins a church’s
property and thereby it may be seen by some as a little different from our normal CUR-20
request.

The planning and zoning board, it is my understanding, did not make a recommendation
because they wanted some additional information unavailable at the time and also
because they wanted to allow the applicant to consider the comments of both area
residents and area property owners to come up to speed on the request. I trust that the
reason for the amended application is that the applicant figured out, after reviewing the
comments from adjoining property owners, what conditions the application needed.

The original application took a serious look at the amount of livestock 17 acres could
support and tried to, by formula, limit the amount of livestock. The revised application,
takes a little different path in that it eliminates poultry and swine and drops stocking
rates. This information will be reviewed by the Planning and Zoning Board at its next
meeting and a recommendation will be sent to you. This public hearing should be
continued and a full report will be presented at the next meeting.”

Matthew Hord, Brad McKee, Ron DiSabato, Pete Burnett, Rachael Lau, Dwayne Hord,
Judy Falls, Steve Lancaster and Robert Eng, III spoke in favor of the rezoning request.
Bill McDaniel, Steve Taylor and Sarah Murray spoke against the rezoning request.

No one else requested to speak for or against this matter.

To consider a request by Michael E. Brown to rezone property located at 114 Raven
Drive also known as Tax Map 4-81, Block 1, Lot 7 from Residential R-10 (R-10) to Light
Industrial (L-I) – Case No. Z-1-8-11– Steve Killian, Planning Director.

Steve Killian, Planning Director stated: “This is a request to rezone some portion of a
57.52 acre tract from Residential R-10 to Light Industrial. Currently, some portion of the
property is zoned Light Industrial and some portion of the property is zoned Residential
R-10. I do not have the exact figures for you because they were not included in the
application.
Minutes – September 27, 2011                                  Page 7


The subject property is located at or near the intersection of South Battleground Road and
Parkgrace Road. Part of the property is served by a private service road called Raven
Circle. The subject property has public water and sewer service. It may have a sewer
line or easement on it serving another property not subject to the request. It definitely has
a power line bisecting the subject property. It borders both residential and industrial
areas. It is served by a major arterial road and a minor subdivision collector road.
Development on the part under the rezoning request is a segment of the Carolina Thread
Trail (segment S) that connects to the Gateway Trail and will go across the land being
mined to a point that crosses the Interstate. Development on the same tract but not on the
part that appears to be subject to the rezoning, or said differently on the part already Light
Industrial are two existing industrial structures. Also on the portion not up for the
rezoning may in fact be a recently permitted RV park. At least a portion of the tract
already L-I was subject to a brown field agreement that the prior owners did not get
finalized with the state of North Carolina. Asbestos may have been removed from the
portion of the tract already zoned Light Industrial.

The planning and zoning board reviewed the request at its last regular meeting and did
not make a recommendation because they wanted additional information. That
information could best be summarized as a staff report on aspects of the feasible zoning
districts and how they conceivably relate to the future land use plans. To that end we will
be putting together information on the outstanding characteristics of the subject property,
development trends, infrastructure changes, area rezoning cases, goals and objectives in
past, current, and future land development plans and giving that information to the
planning and zoning board at its next meeting. Assuming the scope of the report is
satisfactory, the planning and zoning board will then make a recommendation. If they do
not make a recommendation at their next meeting then the matter will go forward to City
Council with a favorable recommendation for rezoning the property as requested.”

No one else requested to speak for or against this matter.

To consider request by John Hagaman to rezone property located at 200 Putnam Lake
Road also known as Tax Map 4-61, Block 1, Lot 67 or PIN 54473 from Residential R-10
(R-10) to Conditional Use Residential R-20 – Case No. CUR-2-8-11– Steve Killian, Planning
Director.

Steve Killian was sworn in prior to testimony by City Clerk, Ann Sessom.

Steve Killian, Planning Director stated: “This is a request for the rezoning of
approximately 15.43 acres currently zoned R-10 to Conditional Use R-20 and the
issuance of a conditional use permit.

It is effectively a request that changes the status of an existing use from non-conforming
to a conforming use with the conditions of no swine, no commercial poultry houses, no
additional buildings, and no additional lighting. That also means, even though it is not
Minutes – September 27, 2011                                 Page 8


explicitly stated, that a mobile home park or a mobile home would be subject to city
council amending the conditional use permit through the conditional rezoning process.

The area has some public water courtesy of the Cleveland County Water system.
Generally, it is a mixture of detached single family residential in rural settings, some
significant agricultural enterprises, and several commercial operations that were in place
when zoning was adopted back in 2000. I do not believe that there have been significant
land use changes or zoning amendments in the area in the last ten years to indicate a trend
in any direction. Said differently, it is a stable area.

The land development plan does not go out this far because this is the second mile of the
ETJ. In a new plan, for the reasons just mentioned, it would most likely call for
preservation of residential uses and open space through perseveration of diverse
agricultural uses.

It is important to mention that the site plan provided is meant to show the existing
structures and the arrangement of uses and most importantly it is reinforced through the
text that there will be no additional structures added.

The planning and zoning board voted unanimously to recommend rezoning the property
as requested and also indicated its belief that the evidence for the findings of fact affirms
that a conditional use permit may be issued as requested.”

Staff concurs with their recommendation.

No one else requested to speak for or against this matter.

Upon motion by Councilmember Rick Moore and seconded by Councilmember Houston
Corn, it was unanimously voted to allow the continuance of the Quality Lane, DeWayne
Hord and Michael Brown Public Hearing until October 25, 2011 at 6:00 p.m. and close
the Public Hearing for East Mountain Street and John Hagaman at 7:14 p.m. and re-enter
the Regular meeting.

REGULAR MEETING

Action on Item 10-B

Upon motion by Councilmember Houston Corn and seconded by Councilmember Dean
Spears it was unanimously voted to adopt Ordinance 11-14 ordering the closing of a
portion of East Mountain Street.
Minutes – September 27, 2011                                  Page 9

Action on Item 10-E

Mayor Murphrey read the following Governing Board statements approving/denying
John Hagaman rezoning request:

GOVERNING BOARD STATEMENT FAVORING THE CHANGE FROM R-10 TO CU-R-20

The Planning and Zoning Board acknowledges that the Land Development Plan does not
extend to the subject property. Development in the area is a mixture of detached single
family homes, mobile homes on individual lots, and some agricultural uses. There is a
lack of adequate or sufficient public sewer near the subject property therefore only the
existing uses are likely to continue or expand for the time being. The subject property is
bordered by property zoned Residential R-10 and Conditional Use R-20. The size of the
lot is sufficient for small scale agricultural uses that could include limited livestock uses
on the property. Given the uses in the area and the use proposed, the rezoning is in the
best interest of the community.

GOVERNING BOARD STATEMENT AGAINST THE CHANGE FROM R-10 TO CU-R-20

The Planning and Zoning Board acknowledges that the Land Development Plan does not
extend to the subject property. Development in the area is a mixture of detached single
family homes, mobile homes on individual lots, and some agricultural uses. Even though
there is a lack of adequate or sufficient public sewer near the subject property and the
existing uses are likely to continue for time being, development pressure will come and
agricultural uses would then not be appropriate. The subject property is bordered by
property zoned Residential R-10 and Conditional Use R-20. Even though the size of the
lot is sufficient for small scale agricultural uses that could include livestock such a use is
not appropriate to this area. Given the uses in the area and the use proposed, not rezoning
the subject property is in the best interest of the community.

Upon motion by Councilmember Dean Spears and seconded by Councilmember Tommy
Hawkins it was unanimously voted to adopt the Governing Board statement favoring the
John Hagaman rezoning request.

Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember
Mike Butler it was unanimously voted to adopt Ordinance 11-15 amending the Zoning
Map of the City of Kings Mountain, North Carolina – John Hagaman – Case No CUR-2-
8-11.

Set the date of Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to consider a
Zoning Ordinance Text Amendment (Case No. Z-1-9-11) – Article VIII-SR26 –
Recreational Vehicle Parks or Campsites Amendment.

Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember
Howard Shipp it was unanimously voted to set the date of Tuesday, October 25, 2011 at
Minutes – September 27, 2011                              Page 10

6:00 p.m. for a Public Hearing to consider a Zoning Ordinance Text Amendment (Case
No. Z-1-9-11) – Article VIII-SR26 – Recreational Vehicle Parks or Campsites
Amendment.

Set the date of Tuesday, October 25, 2011 at 6:00 p.m. for a Public Hearing to consider
request by Reg Alexander to rezone property located approximately at 311 Scism Road
(per the Cleveland County GIS) also known as Tax map No. 4-61, Block 1, Lot 53 or PIN
44582 from General Business-Commercial to Residential R-10 (R-10) – Case No. Z-2-9-
11.

Councilmember Rick Moore expressed concerns over allowing someone to request
rezoning property they do not own and the fact Reg Alexander does not own this
property. Steve Killian, Planning Director and Mickey Corry, City Attorney explained
that State law allows someone other than the actual property owner to request rezoning a
piece of property. The actual property owner could speak at the Public Hearing asking
City Council not to rezone his property.

Upon motion by Councilmember Rick Moore and seconded by Councilmember Dean
Spears it was unanimously voted not to set the date for a Public Hearing on the Reg
Alexander request.

ADJOURNMENT

Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember
Rick Moore, it was unanimously voted to adjourn at 7:25 p.m.

                                    BY:____________________________________
                                        Edgar O. Murphrey, Jr., Mayor
ATTEST:

____________________________________
Ann L. Sessom, MMC
City Clerk

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:1/7/2012
language:
pages:10