NC - Albemarle: Regular Meeting

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Regular Meeting

Regular Meeting Monday, November 4, 2019

7:00 PM City Council Chambers

Meeting Agenda

Call Meeting To Order:

1. Mayor Michael

Invocation:

2. Mayor Michael

Special Presentations:

3. Presentation of NC League of Municipalities Retirement Resolution(s)

Tagged Passions:retirement and seniors

Approval Of Minutes:

4. Consider Approval of October 16 Adjourned Session and October 21 Regular Session Minutes.

Agenda Adjustments:

Unannounced Delegations:

Municipal Calendar:

5. Municipal Calendar

Consent Agenda:

6. Adoption of Proclamation to Recognize Albemarle High School Principal Emily Shaw 7. Rescheduling of the Second Meeting in January to January 21,

due to a Conflict with
Tagged Passions:recognition and education

the MLK Holiday

Tagged Passions:holiday

Unfinished Business:

Tagged Passions:business

8. Consider Renaming Central Auditorium

New Business:

Tagged Passions:business

9. Consider Request of Pfeiffer University for the City to Set Poles 10. Quarterly Business Update 11. Report on Partnership between Albemarle Parks

Recreation and Stanly
Tagged Passions:business, parks, university, pole, and recreation

Community College 12. Consider Attendance at Stanly County Council of Governments Meeting on Tuesday,

Tagged Passions:council and university

November 24. 13. Reminder- City Offices will be Closed on Monday, November 11 for Veteran's Day 14. Information - 2019 Employee Christmas Luncheon-

December 18

15. Consider Closed Session Pursuant to N.C.G.S. 143-318.11(a) (3) - Legal

Tagged Passions:legal

Adjournment:

16. Consider Adjournment Until Monday, November 18, 2019.

Print

Title Mayor Michael Description: Is this item budgeted? Not Applicable Fiscal Impact: Management Recommendation:

Tagged Passions:budget

ATTACHMENTS: Name: Description: No Attachments Available

APPROVALS: Date/Time: Approval: Department:

Print

Title Mayor Michael Description: Is this item budgeted? Not Applicable Fiscal Impact: Management Recommendation:

Tagged Passions:budget

ATTACHMENTS: Name: Description: No Attachments Available

APPROVALS: Date/Time: Approval: Department:

Print

Title Presentation of NC League of Municipalities Retirement Resolution(s) Description:

Tagged Passions:retirement and seniors

The City submits names each year to the NCLM for this recognition and we invite each individual to attend to receive their resolution if they like.

If they do not wish to attend a meeting, they can pick up their resolution from the HR Department. The following employees have indicated they will be present at the meeting to receive their Resolution:
Tagged Passions:recognition

Danny Bowen

Is this item budgeted? Not Applicable Fiscal Impact: Management Recommendation:

Tagged Passions:budget

ATTACHMENTS: Name: Description: No Attachments Available

APPROVALS: Date/Time: Approval: Department:

Print

Title Consider Approval of October 16 Adjourned Session and October 21 Regular Session Minutes. Description: Is this item budgeted? Not Applicable

Fiscal Impact: Management Recommendation:
Tagged Passions:budget

ATTACHMENTS: Name: Description:

October_16_2019- Adjourned.doc

October 16 Adjourned Session

October_21_2019- Minutes.doc

October 21 Regular Session

APPROVALS: Date/Time: Approval: Department:

ADJOURNED MEETING CITY COUNCIL October 16, 2019

Tagged Passions:council

The City Council of the City of Albemarle met in an adjourned session on Wednesday, October 16, 2019, at 6:30 p.m. for a dinner meeting with the

Planning Board at the Rosebriar Restaurant. Mayor Ronnie Michael presided and the following Councilmembers were present, to wit: Chris Bramlett, Benton Dry, Martha Sue Hall, Martha E. Hughes, Dexter Townsend and Chris Whitley. Absent, Bill Aldridge.
Tagged Passions:planning, council, and restaurants

-----------------------------

The City Council held a meeting with the members of the Planning and Zoning Board to discuss matters of common interest.

Tagged Passions:planning, council, and zoning

-------------------------

Mayor Michael brought the meeting to order.

----------------------

Planning and Development Services Director Kevin Robinson came forward

Tagged Passions:planning, development, services, and Development

and reviewed a chart with Council concerning landscaping requirements. The current rules require installation when the number of parking spaces is

greater than 10, including the expansion of a parking lot or new parking lot, or total repaving by removing old and replacing with a new surface to be affected by present ordinance. It showed the City s current criteria along with other cities and counties that had been researched.
Tagged Passions:ordinance, council, expansion, and parking

He answered any questions that Council had.

Tagged Passions:council

The City Council is to determine whether to pause on this or move forward

Tagged Passions:council

concerning landscaping requirements. To leave the ordinance as is and require landscaping or change and not require it.

Tagged Passions:ordinance

Upon a motion by Councilmember Bramlett moved to make changes to the

ordinance to exempt existing businesses with less than 50 parking spaces instead of 10 concerning existing buildings only and concerning repaving

only. Councilmember Townsend seconded the motion. Voting for the motion were Councilmembers Bramlett, Hall, Hughes, and Lowder. Voting against the motion were Councilmembers Hughes and Whitley. The motion carried with a 4-2 vote with Councilmember Aldridge being absent.
Tagged Passions:ordinance, business, voting, and parking

Mr. Robinson is to bring back the changes in Ordinance form before Council at

Tagged Passions:ordinance and council

a later regular session meeting. ------------------------

The City Manager Michael Ferris came forward to speak about the payment in lieu fee concerning placing sidewalks presently costing the property

owners 100 of the cost to not have to place the sidewalks when upgrading or building new. He stated that this does not provide an incentive to take the option of paying into the City fund. Mr. Ferris stated payment in lieu fee should be attractive to a property owner so they will consider this and the City can place the dollars into a fund for the City to use. The City needs to consider an amount less than 100 , maybe 75-80 , so that property owners will have an incentive to go that route and the monies collected for the in lieu fee will go into a City fund for sidewalks needed in other areas of the City. He asked if Council would like to reconsider a percentage less than 100 .
Tagged Passions:council, streets, property, administrator, manager, Pedestrian, and incentive

Upon a motion by Councilmember Hughes, seconded by Councilmember

Bramlett, and unanimously carried, the City Council approved a 75 incentive amount of cost for property owners choosing a payment in lieu fee in them

not having to place a sidewalk.
Tagged Passions:council, streets, property, Pedestrian, and incentive

------------------------

Planning and Development Services Director Kevin Robinson handed out to

Tagged Passions:planning, development, services, and Development

Council priorities for upcoming future ordinance amendments. Planning staff has identified these sections may need an amendment and/or revisions to

meet the goals of the City. He asked that Council consider each one and rank it on a scale of 0-3 for priority. Once each Councilmember has completed this, return their responses into the Planning staff. This priority will help guide staff on which items to approach proactively.
Tagged Passions:planning, ordinance, and council

-----------------------

Mr. Robinson stated that Council had a meeting on Commercial Maintenance

Tagged Passions:council and commercial

Code in 2015 and just again September 17, 2019. He asked what Council would like to do going forward if anything.

Tagged Passions:council

Upon a motion by Councilmember Bramlett, seconded by Councilmember

Hall, and unanimously carried, the City Council approved moving forward with non- residential Commercial Maintenance Code and the Planning and

Development Services staff bring before Council for review at a later regular session meeting.
Tagged Passions:planning, council, development, services, Development, and commercial

-----------------------

Mayor Michael stated that Ritchie Hearne decided to tear down his two

buildings located at 150 and 158 East Main Street. He called Planning and Development Services Director Kevin Robinson after the Commercial

Maintenance Code public meeting. He received a Certificate of Appropriateness from the Historic Resources Commission on Monday, October 14 and has a permit to remove the structures.
Tagged Passions:planning, boards and commissions, streets, development, historic, services, Development, and commercial

---------------------------

Mayor Michael stated that replacing existing outside lighting at the new Police

Tagged Passions:public safety

Headquarters building will be so expensive so this will probably not be recommended. We will probably add new lights on the building outside that

will project light onto the sidewalks. There will also be light poles matching the City s street lights in the parking lot median.
Tagged Passions:streets, streetscape, Pedestrian, pole, traffic, and parking

The Mayor answered any questions that Council had.

Tagged Passions:council

It was the consensus of City Council to go ahead with the alternative plan to

Tagged Passions:council

add lights on the outside of the building to project light onto the sidewalks.

Tagged Passions:streets and Pedestrian

------------------------

Mayor Michael stated that that we are looking at three additional rooms in the

new Police Headquarters building and hoping to upgrade for offices. It was previously thought that the rooms would be needed for mechanical needs but

that is no longer the case. This will add additional office space and we will allow the use of the space by the SBI and FBI.
Tagged Passions:public safety

Upon a motion by Councilmember Hughes, seconded by Councilmember

Lowder, unanimously carried, the City Council approved a change order in the amount of 26,062.39.

Tagged Passions:council

----------------------

Mayor Michael discussed with Council the four sided historic sign at the old

Tagged Passions:council and historic

police building that will be placed where the previous ATM was at the new Police Headquarters building. He stated that this will have to go before

the Historic Resources Commission for them to declare and recommend this as a historic sign. The existing monument sign at the intersection of South Street and South Fourth Street will also need to be approved by the HRC.
Tagged Passions:boards and commissions, streets, historic, public safety, and monuments

The Mayor stated that after recommendation from the HRC then Council will

Tagged Passions:council

decide.

----------------------

Mayor Michael stated Council will need to choose a vehicle to ride in for the

Tagged Passions:council

Christmas Parade this year.

It was the consensus of Council to ride on the fire truck or inside the cab of the fire truck.

Tagged Passions:council, fire departments and districts, and transportation

-----------------------

Mayor Michael stated there is an underground storage tank on the current

police building site at North and Second Street. There are restrictions for future uses on the property because of the UST. The City has been told by

NCDEQ that if we create two deeds for the property and separate out the UST from the building, that the building won t have the restrictions on future uses because the UST will be on a separate deed.
Tagged Passions:streets, public safety, and property

Upon a motion by Councilmember Hall, seconded by Councilmember Lowder,

unanimously carried, the City authorized the City Attorney to draft two deeds for this property to accomplish separating the building from UST.

Tagged Passions:legal and property

-----------------------

Mayor Michael asked Council to review their calendar and they will talk

Tagged Passions:council

Monday, October 21 concerning a date to tour the Albemarle High School.

Tagged Passions:education

-----------------------

The City Manager passed out a sheet created by Fire Chief Hiers and

Tagged Passions:administrator and manager

developed with input from departmental staff concerning a capital improvement plan or projection for the fire department. It reviews apparatus,

vehicles, equipment, and facility renovations priority projected needs for FY 20/21, 21/22, 22/23, 23/24, and 24/25 showing total costs each year and which year these items may need to be replaced or renovated.
Tagged Passions:equipment, facility, capital spending, fire departments and districts, and Capital Spending

The City Manager answered any questions that Council had.

Tagged Passions:council, administrator, and manager

-----------------------

Upon a motion by Councilmember Bramlett, seconded by Councilmember

Lowder, and unanimously carried, the meeting was adjourned.

REGULAR MEETING CITY COUNCIL

Tagged Passions:council

October 21, 2019

The City Council of the City of Albemarle met in a regular session on

Tagged Passions:council

Monday, October 21, 2019 at 7:00 p.m. in the Council Chambers of City Hall. Mayor

Ronnie Michael presided, and the following Councilmembers were present, to-wit: Mayor

Pro Tem Martha Sue Hall, Bill Aldridge, Chris Bramlett, Martha E. Hughes, Shirley D.

Lowder, Dexter Townsend and Chris Whitley. Absent, none.

---------------------------

Mayor Michael called the meeting to order.

----------------------------

Upon a motion by Councilmember Aldridge, seconded by Councilmember

Lowder, unanimously carried, the minutes of the October 7 called session, October 7

Closed I session, October 7 regular session and October 7 Closed II session minutes were

approved as submitted.

---------------------------

PUBLIC HEARING

Tagged Passions:hearing

Conditional Use Permit 19-07 Revision to Morgan Hills

Cluster Subdivision CUP

Tagged Passions:subdivision

Carolina Land Development LLC has requested a major change to the

Tagged Passions:development and Development

preliminary plat for Morgan Hills cluster subdivision and the accompanying CUP 19-04

Tagged Passions:zoning and subdivision

be revised so as not to show previously approved turn lanes at the entrance and exit from

Morgan Rd.

Swear In

Mayor Michael swore in the following for testimony:

Kevin Robinson

Michael Sandy

Disclosures Conflict of Interest None

Introduction

Planning and Development Services Director Kevin Robinson stated the

Tagged Passions:planning, development, services, and Development

developers are requesting these improvements be done once the 100th lot home is built as

part of a future phase. This request is generally in keeping with the additional DOT

required improvements, however as this was included on the plat and approved with the

Tagged Passions:zoning

CUP it must be reviewed by Council as an amendment.

Tagged Passions:council

Mr. Robinson stated that it is important for Council to consider the multiple

Tagged Passions:council

possibilities when it comes to build out and phasing of development in the larger area.

Tagged Passions:development and Development

Generally this is a small request, however any new improvements required along Morgan

Road at a later time will come with the added inconvenience to those living in this first

Tagged Passions:streets

and possibly second phases of development and will likely mean some burden, at least

Tagged Passions:development and Development

temporarily, on adjoining existing neighborhoods. This would constitute a major change

Tagged Passions:neighborhood

based on traffic improvements that were originally platted and required to be completed at

Tagged Passions:traffic

recordation or bonding but would now be deferred to potential subsequent subdivision

Tagged Passions:bond and subdivision

plats that are currently not submitted for approval. The Planning Board approved

Tagged Passions:planning and zoning

unanimously at its meeting.

Testimony

Michael Sandy with Carolina Land Development LLC

Tagged Passions:development and Development

Mr. Robinson and Mr. Sandy answered any questions that Council had.

Tagged Passions:council

Upon a motion by Councilmember Aldridge, seconded by Councilmember

Hall, unanimously carried, the City Council excused Councilmember Lowder from voting

Tagged Passions:council and voting

due to conversation with surrounding property owner by phone.

Tagged Passions:property

Mr. Robinson reviewed the staff analysis and applicant comments

concerning the findings of fact below:

1. The use will not materially endanger the public health or safety if located where

Tagged Passions:health

proposed and developed according to the plan as submitted and approved.

Applicant Response: Project will build less density as allowed by right.

Considerable open space dedication.

Staff Analysis: Staff does not find the proposed residential use or density to be

detrimental to similar surrounding residential uses. Improvements will be made in

accordance with DOT requirements to ensure that vehicular use functions as

normal

2. The use meets all required conditions and specifications.

Applicant Response: Project meets and exceeds ordinance requirements.

Tagged Passions:ordinance

Staff Analysis: Requirements for cluster subdivisions have been or have been

Tagged Passions:subdivision

provided

3. The use will not substantially injure the value of adjoining or abutting property,

Tagged Passions:property

or that the use is a public necessity.

Applicant Response: Project will improve property values in every aspect.

Tagged Passions:property

Staff Analysis: Staff does not have the expertise to give an informed opinion on

this, however the proposed prices for future homes in the subdivision are at or

Tagged Passions:subdivision

above the fair market value listed in Stanly County tax records for similar

Tagged Passions:market, taxes, and Taxes

properties in the area

4. The proposed use is in harmony with adjacent uses in terms of location, scale,

site design, hours of operation and operating characteristics

Applicant Response: Totally single family homes as with most of the surrounding

uses. Size of homes are comparable in size with a higher value.

Staff Analysis: The proposed use is residential and should be in general harmony

with other residential uses in the area.

5. Be in general conformed with adopted plans

Applicant Response: Project conforms to existing plans for the area per City

County land use plans.

Staff Analysis: The average density of this cluster subdivision remains consistent

Tagged Passions:subdivision

with the R-10 district and the General Residential future land use designation for

this area.

Upon a motion by Councilmember Hall, seconded by Councilmember

Hughes, and unanimously carried, the City Council closed the public hearing.

Tagged Passions:council and hearing

Findings of Fact

1. The use will not materially endanger the public health or safety if

Tagged Passions:health

located where proposed and developed according to the plan as

submitted and approved.

Councilmember Bramlett moved to approve findings of fact 1.

Councilmember Aldridge seconded the motion. Voting for the motion were Aldridge,

Tagged Passions:voting

Bramlett and Whitley. Voting against the motion were Councilmembers Hall, Hughes,

Tagged Passions:voting

Townsend, and Mayor Michael breaking the tie. The motion failed with a vote of 3-4.

2. The use meets all required conditions and specifications.

Councilmember Bramlett moved to approve findings of fact 2.

Councilmember Aldridge seconded the motion. Voting for the motion were Aldridge,

Tagged Passions:voting

Bramlett and Whitley. Voting against the motion were Councilmembers Hall, Hughes,

Tagged Passions:voting

Townsend, and Mayor Michael breaking the tie. The motion failed with a vote of 3-4.

3. The use will not substantially injury the value of adjoining or abutting

property, or that the use is a public necessity.

Tagged Passions:property

Councilmember Bramlett moved to approve findings of fact 3.

Councilmember Aldridge seconded the motion. Voting for the motion were Aldridge,

Tagged Passions:voting

Bramlett and Whitley. Voting against the motion were Councilmembers Hall, Hughes,

Tagged Passions:voting

Townsend, and Mayor Michael breaking the tie. The motion failed with a vote of 3-4.

4. The proposed use is in harmony with adjacent uses in terms of location,

scale, site design, hours of operation and operating characteristics.

Councilmember Bramlett moved to approve findings of fact 4.

Councilmember Aldridge seconded the motion. Voting for the motion were Aldridge,

Tagged Passions:voting

Bramlett and Whitley. Voting against the motion were Councilmembers Hall, Hughes,

Tagged Passions:voting

Townsend, and Mayor Michael breaking the tie. The motion failed with a vote of 3-4.

5. Be in general conformance with adopted plans.

Councilmember Bramlett moved to approve findings of fact 5.

Councilmember Aldridge seconded the motion. Voting for the motion were Aldridge,

Tagged Passions:voting

Bramlett and Whitley. Voting against the motion were Councilmembers Hall, Hughes,

Tagged Passions:voting

Townsend, and Mayor Michael breaking the tie. The motion failed with a vote of 3-4.

Councilmember Bramlett moved to approve the Conditional Use Permit that

is a revision to Morgan Hills Subdivision. Councilmember Aldridge seconded the motion.

Tagged Passions:subdivision

Voting for the motion were Aldridge, Bramlett and Whitley. Voting against the motion

Tagged Passions:voting

were Councilmembers Hall, Hughes, Townsend, and Mayor Michael breaking the tie.

The motion failed with a vote of 3-4.

(Order 19-07 - DENIED)

---------------------

PUBLIC HEARING

Tagged Passions:hearing

CUP 19-06 To Consider Conditional Use Request for

Telecommunications Tower at 201 NC 740 Bypass

Tagged Passions:Telecommunications, cell tower, Cell tower, and telecommunications

Verizon Wireless, after researching co-location options, is requesting a

Tagged Passions:Telecommunications, telecommunications, wireless, and Wireless

conditional use permit to install a cell tower at 201 NC 740 Bypass (TR 16056). This use

Tagged Passions:cell tower and Cell tower

in LID district requires Council to hear and approve a conditional use permit. This 160

Tagged Passions:council

feet tower would be located on the Albemarle Marketplace property owned by June Allen.

Tagged Passions:cell tower, Cell tower, and property

Swear In

Mayor Michael swore in the following for testimony:

Kevin Robinson

Josh Rotenstreich

Other Verizon/Attorney representatives were present but did not speak.

Tagged Passions:legal, Telecommunications, and telecommunications

David Best

John Yeagley


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