May 7 2009 Minutes - City of Lincolnton

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May 7 2009 Minutes - City of Lincolnton Powered By Docstoc
					                REGULAR MEETING - MAY 7, 2009

The Mayor and City Council met in regular session on Thursday, May 7,
2009 at 7:00 p.m. in the Council Chambers of City Hall, located at 114
West Sycamore Street, Lincolnton.    The following Council members
were in attendance;

         HOUSER       CLONINGER         HEAVNER        HOVIS

Mayor David M. Black called the meeting to order and led in the Pledge
of Allegiance.

Councilman Heavner made the motion unanimously approved the
regular agenda, with the addition of item 10(a); The appointment of two
City representatives to serve on the Lincoln County Hazardous
Mitigation Plan Committee.

Councilman Cloninger made the motion unanimously approved the
CONSENT AGENDA as follows:
  · Approved the following Calls to Public Hearing for the June 4th
     City Council Meeting:
     ZMA-7-09 – Application from Radiation Oncology Centers of the
     Carolinas, Inc. requesting the rezoning of 1.1 acres of land from
     residential-25 (R-25) to Office-Institutional (O-I) District. The
     subject property is located on the south side of McAlister Road
     approximately 1,100 feet west of the intersection of McAlister Road
     and NC Highway 150. The address of the property is 440
     McAlister Road.
     ZMA-8-09-Application from Carolinas Health Care System
     requesting the rezoning of 1.34 acres of land from Residential-25
     (R-25) to Office Institutional (O-I) District. The subject property
     is made up of two parcels of land located on the north side of East
     NC Highway 150 directly across from the intersection of East NC
     Highway 150 and Myra Lane.
     ZTA-3-09-Application from Lincoln County Coalition against
     Child Abuse, Inc. and Shirley Smith requesting that the
     Lincolnton Unified Development Ordinance be amended to allow
     a child advocacy center as a conditional use in the Residential-8
     (R-8) Zoning District.

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               REGULAR MEETING – MAY 7, 2009


CONSENT AGENDA – Calls to Hearing – June 4th meeting:
     CUP-4-2009-Application from Lincoln County Coalition against
     Child Abuse, Inc. and Shirley Smith requesting a conditional use
     permit to operate a child advocacy center office in the Residential-
     8 (R-8) District. The subject property is located at the northeast
     corner of North Grove Street and Bonview Avenue. The address of
     the property is 502 North Grove Street.
     CU-ZMA-1-2009-Application from Cliff Martin representing the
     Fletcher Bright Co. requesting the rezoning of approximately 24
      acres of land from Residential-8 (R-8), Office Institutional (O-I),
     and Planned Business (PB) to Conditional-Use Planned Business
     (CU-PB) District. A conditional use permit is being requested in
     order to develop the property for a 182,000 square foot Wal-Mart
     Supercenter.
     The subject property is located on the east side of North Generals
      Blvd across from the intersection North Generals Blvd. and Tait
     Mill Road.

  · Approved the following PROCLAMATIONS:
    Older Americans Month – May 2009
    Peace Officers Memorial Day – May 15, 2009
    National Police Week – May 10 – 16, 2009
    National Nursing Home Week – May 10 – 16, 2009
    National Public Works Week – May 17 – 23, 2009
    Honoring the 150th Birthday of First Baptist Church – May 31, 2009

  · Approved Filing Fees for 2009 Municipal Election
      Mayoral Candidate = $ 48.00
      Council Member = $ 36.00




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                    REGULAR MEETING - MAY 7, 2009

REGULAR AGENDA:

APPLICATION         FROM       DAYSTAR        CHURCH        OF     GOD
REQUESTING A CONDITIONAL USE PERMIT TO OCCUPY AN
EXISTING BUILDING IN THE GMC DISTRICT FOR A CHURCH.
THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE
OF INDUSTRIAL PARK ROAD APPROXIMATELY 1500 FEET
WEST OF THE INTERSECTION OF INDUSTRIAL PARK ROAD
AND NORTH ASPEN STREET.                    THE ADDRESS OF THE
PROPERTY IS 115 INDUSTRIAL PARK ROAD:
                              CUP-3-2009
Planning Director Steve Gurley reviewed the above request for a
conditional use permit to occupy an existing building in the GMC
District for a church. He said the applicant has proposed to use the
63,00 square foot existing building and parking, formerly Homespun
Hosiery. The use is located in primarily a manufacturing and warehouse
type use area. There is a daycare center across the street from the site.
Existing zoning surrounding the site is all GMC District. He noted City
Council amended the Lincolnton Unified Development Ordinance to
allow Churches as a conditional use in the GMC District.

Steve concluded recommending approval of the conditional use permit
provided all staff review committee comments (six items) are met prior
to issuance of the zoning certificate of compliance. (A copy of the report
outlining these six items of concern is on file in the office of the Planning Director as
reference)

Upon Mr. Gurley’s thorough review the Mayor called for a motion to
open the Public Hearing. The City Clerk administered the oath to all
those wishing to speak for or against the issue. Rev. Joey Williams
spoke in favor of the request and said he felt all concerns could be met in
the near future.

Councilman Houser made the motion unanimously approved to close
the Public Hearing.

Councilman Heavner made the motion unanimously approved to
consider the conditional use permit.

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                 REGULAR MEETING - MAY 7, 2009

Section 13.4.2 – Findings of Fact:
   1. Councilman Heavner made the motion unanimously approved the
      use will not materially endanger the public health or safety if
      located where proposed and developed according to plan.
   2. Councilman Hovis made the motion unanimously approved that
      the use meets all required conditions and specifications.
   3. Councilman Cloninger made the motion unanimously approved
      that the use will not substantially injure the value of adjoining or
      abutting property or the use is a public necessity.
   4. Councilman Houser made the motion unanimously approved that
      the location and character of the use, if developed according to
      plan as submitted and approved, will be in harmony with the area
      in which it is to be located and will be in general conformity with
      the Lincolnton Land Use Plan and other plans for the physical
      development of the City as officially adopted by the City Council.

Councilman Houser made the motion unanimously approved to approve
the conditional use permit contingent upon staff review committee
comments be met prior to issuance of the certificate.

APPLICATION FROM JESSE HELMS, RAYNA BRAKEFIELD, AND
HERSHEL         SHEHAN REQUESTING THE REZONING OF
THREE PARCELS OF LAND APPROXIMATELY 3.4 ACRES IN
SIZE FROM RESIDENTIAL-25 (R-25) DISTRICT TO OFFICE-
INSTITUTIONAL (O-I) DISTRICT. THE SUBJECT PROPERTIES
ARE LOCATED ON THE EAST SIDE OF BUFFALO SHOALS
ROAD APPROXIMATELY 800 FEET NORTH OF THE
INTERSECTION OF BUFFALO SHOALS ROAD AND HIGHLAND
DRIVE:                           ZMA-6-09
Mayor Black opened the public hearing. Planning Director reviewed the
above stated request to rezone three parcels of land approximately 3.4
acres from residential-25 (R-25) district to office-institutional district.

In conclusion of the thorough review Mr. Gurley recommended that
Council rezone the property as requested and amend the land use plan to
show the property in the Institutional-Office Planning area as requested.

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                REGULAR MEETING - MAY 7, 2009

Having no one else to speak to this hearing, Councilman Heavner made
the motion unanimously approved to close the public hearing.

Councilman Houser made the motion unanimously approved to rezone
the property as requested.

Councilman Heavner made the motion unanimously approved to amend
the Land Use Plan as recommended.

CONSIDERATION OF AWARDING CHEMICAL BIDS FOR THE
WATER AND WASTEWATER TREATMENT PLANT:
                            (C-07-09)
Steve Peeler, Director of PW&U recommended chemical bids be
awarded as follows:
LIQUID ALUM – at $ 266 per dry ton to General Chemical Corp.
                REGULAR MEETING - MAY 7, 2009

CAUSTIC SODA – at $ 411.89 per dry ton to Brenntag Southeast, Inc.
CHLORINE – at $ 420.00 per dry ton cyclinder to Jones Chemical
LIQUID SODIUM HYPOCHLORITE – at $ .687 per gallon to Jones
Chemical
LIQUID SODIUM BISULFITE – at $ 1.109 per gallon to Univar USA

Steve said while these prices are not good for one year only for a three
month period. However, awarding the proposed bids to the above said
bidders would enable the City to secure the supply for a one year period.

Councilman Houser made the motion unanimously approved to award
the bids as presented.

CONSIDERATION OF APPOINTMENT OF MR. JIM PEELER TO
THE LINCOLNTON HOUSING AUTHORITY:
                              (APPT- 03-09)
Mayor Black nominated Mr. Jim Peeler to serve on the Lincolnton
Housing Authority. Councilman Hovis made the motion unanimously
approved to appoint Mr. Peeler to begin serving on the LHA June 2009.
His first term would expire June 2012.
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                 REGULAR MEETING - MAY 7, 2009

STATUS REPORT ON PHASE III OF RAIL TRAIL EXPANSION:
Steve Gurley, Planning Director reviewed a memo regarding the status of
the progress thus far on the rail-trail expansion. Steve said between
Pine Street and City Park there are 31 properties (including NCDOT
property purchased as part of Phase I and City property south of City
Park) There are twenty separate property owners. Eleven of the thirty
one properties have been secured and offers have been made on six
additional properties.

Steve said the City Attorney and his staff continue to work on deeds for
easements for the remaining property owners along the corridor.
Budgeted funds and or RTP funds will be used to pay for the properties
as our offers are accepted.


UPDATE ON HOLLYBROOK                        CEMETERY RULES AND
REGULATIONS:
Jeff Emory, City Manager updated Council on his findings regarding a
situation of a cemetery plot sale. Mrs. Lou Ann Conner, owns property
and maintains a residence, both inside the city limits and outside the city
limits. At the time Mrs. Connor’s husband passed away unexpectedly, it
was determined that she resided outside the city limits and was charged
the outside rate of $ 1800.00 per plot. A check was received in March of
2008 at the time of the purchase of two plots for $ 3,600. In June of 2008
the rates went up to $ 3,000 per plot for a non-city resident.

Mrs. Connor appealed to Council that they consider charging her the
inside rate, therefore refunding a portion of her payment.

Councilman Cloninger expressed concern that Mrs. Connor should be
considered as a resident in that she pays city taxes and that she has paid
the utility bill for many years. Mrs. Connor noted the only reason that
the utility bill was not changed into her name was that she was told she
would be charged a transfer fee. She continued to pay the bill leaving
the account in her mothers name.

After much discussion and consideration, Councilman Heavner made
the motion to approve a refund Mrs. Connor $ 750.00, which was the

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                REGULAR MEETING - MAY 7, 2009

difference in the outside rate for her plot only (as they deemed she did
provide proof of dual residency but that her husband did not). The
motion passed three to one, with Councilman Cloninger voting against
the motion.

Councilman Hovis suggested that the City revisit the current policy and
establish and define a dual-residency to provide consideration to citizens
that do actually maintain two households, and may live inside the city
limits.

PRESENTATION OF THE 2009-2010 PROPOSED BUDGET:
Jeff Emory, City Manager, officially presented the 2009-2010 proposed
budget to the Mayor and City Council. He did not read the budget
message aloud but reviewed the highlights. He suggested that Council
read the budget message thoroughly and contact him with any questions
or concerns about the proposed budget. A copy of the proposed budget
will remain on file in the City Clerk’s Office, with a public hearing
scheduled for the June 4th City Council meeting, in accordance with the
NCGS.

Jeff suggested that Council consider holding a budget work session on
May 12th at 4:00 p.m.
Councilman Hovis made the motion unanimously approved to schedule
a budget work session for May 12th at 4:00 p.m.
Councilman Cloninger made the motion unanimously approved to set
the Budget Public Hearing for June 4, 2009, directing the City Clerk to
advertise the Public Hearing accordingly.

PUBLIC COMMENT:
No one spoke during the public comment portion of the meeting.

CLOSED SESSION:
Councilman Cloninger made the motion unanimously approved to enter
into CLOSED SESSION in accordance with NCGS 143-318.11(a)(5)to
discuss property acquisition and personnel.



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               REGULAR MEETING - MAY 7, 2009

Councilman Heavner made the motion unanimously approved to return
to REGULAR SESSION.

NEWS MEDIA:
There were no questions from the News Media.

ADJOURNMENT:
Councilman Houser made the motion to adjourn.




___________________________            _________________________
DONNA C. FLOWERS, CMC                     DAVID M. BLACK
     CITY CLERK                                MAYOR




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