Page 235 Page 235 CITY COUNCIL MEETING MARCH 20, :00 P.M. GASTON COUNTY COURTHOUSE PUBLIC FORUM ROOM GASTONIA, NC

Transcription

1 Page 235 Page 235 CITY COUNCIL MEETING MARCH 20, :00 P.M. GASTON COUNTY COURTHOUSE PUBLIC FORUM ROOM GASTONIA, NC Mayor Walker E. Reid, III, called the meeting to order at 6:00 p.m. on Tuesday, March 20, 2018 in the Gaston County Courthouse Public Forum Room, Gastonia, North Carolina. Mayor Reid recognized Councilman Robert Kellogg for the invocation. Mayor Reid led the audience in the Pledge of Allegiance. Ms. Sherry H. Dunaway, City Clerk, recorded the minutes. PRESENT: Mayor Walker E. Reid, III Mayor Pro Tem David R. Kirlin Council Members: Robert J. Kellogg James Gallagher Todd Pierceall Jennifer M. Stepp David Humphries City Manager Michael C. Peoples City Attorney L. Ashley Smith ABSENT: None ADOPTION OF THE AGENDA Mayor Reid recognized Councilman Pierceall who made a motion to adopt the Agenda. Councilwoman Stepp seconded the motion and the motion passed unanimously. APPROVAL OF THE MINUTES Regular Council Meeting February 6, 2018 Regular Council Meeting February 20, 2018 Councilman Gallagher made a motion to approve the minutes of February 6, 2018 and February 20, Councilman Humphries seconded the motion and Council approved it unanimously. AWARDS, CEREMONIES, AND PROMOTIONS E.1: Plaque Presentation to Councilwoman Jennifer Stepp in Appreciation for her Service to the City of Gastonia as a Historic District Commissioner

2 Page 236 Page 236 Mayor Reid read and presented a plaque to Councilwoman Jennifer Stepp in appreciation for her service to the City as a Historic District Commissioner. Councilwoman Stepp accepted the plaque and thanked the City for the opportunity to serve. Councilwoman Stepp stated she had enjoyed meeting people in the community and working with the City Planning staff. Councilwoman Stepp stated it has been both a pleasure and honor to serve. E.2: Proclamation: German Language and Culture Foundation Day Recipient: Ms. Daniela Weinert Mayor Reid read and presented the Proclamation to Ms. Daniela Weinert and the German delegation that was present. Ms. Weinert thanked the Council for the opportunity that they have had to work with Gastonia and she stated it is a joy to see how you can change young people s lives and she hopes that they can continue doing this with the City. Ms. Jennie Stultz, Chairman, Sister Cities Board of Directors, thanked the Council for their continued support for the Sister Cities program as they celebrate their 25 th year. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 20). E.3: Arbor Day Poster Contest Winners. Presenter: Trish Anderson, KGB School Specialist Renee Southard - KGB Beautification Committee Chair Ms. Pat Johnson, Keep Gastonia Beautiful Administrator, replaced Ms. Southard for the presentation. Ms. Johnson recognized the winners of the Arbor Day Poster Contest. K ST PLACE: Krish Mistry, Gaston Day, Owls at Night 2 ND PLACE: Alan Munguia, PCCS, Trees are Terrific 3 RD PLACE: Lucas Simpson, Gaston Day, Forest Animals at Night HONORABLE MENTION: Scarlett Padilla, PCCS, World Jannie Painter, PCCS, Magnificent Trees ST PLACE: Ashton Kenna, PCCS, Arbor Day Around the World 2 ND PLACE: Raylei Gidney, W.B. Beam, Trees = Life 3 RD PLACE: Cohen Morgan, Gaston Day HONORABLE MENTION: Nathan Esquivel, PCCS, Keep Gastonia Clean

3 Page 237 Page 237 MIDDLE 1 ST PLACE: Aydan Lawler, PCCS, Beauty on the Water 2 ND PLACE: Isabel Wallwork, Gaston Day 3 rd PLACE: Camron Lopez, Mt. Holly, Tranquili-Trees HONORABLE MENTION: Trevor Graham, Warlick, The Arbor Wave HIGH 1 ST PLACE: Esmeralda Lopez, Forestview, A Bird s View 2 ND PLACE: Reilly Phillips, Highland, City Roots 3 RD PLACE: Melissa Schleicher, East Gaston HONORABLE MENTION: Roye Zhang, Gaston Day, Loop of Lives Lauren Baechel, PCCS, Planting a New Generation Itzel Diaz, Cherryville, The Beauty Within (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 21). Mayor Reid asked for a motion to approve Proclamations E.1 Plaque Presentation to Jennifer Stepp in Appreciation for Service to the City as a Historic District Commissioner and also E.2 Proclamation German Language and Culture Foundation Day. Councilman Pierceall made a motion to approve. Councilman Gallagher seconded the motion and Council approved it unanimously. PRESENTATIONS F.1: Recognition of Chuck Dellinger for over 38 Years of Service to the City of Gastonia Mayor Reid extended a personal thank you to Mr. Chuck Dellinger for all the assistance he has given him through the years and for his friendship. Mayor Reid also expressed his gratitude for the work Chuck has completed in the community that he was born and raised in. Mayor Reid read and presented a plaque to Mr. Dellinger and also a key to the City in recognition of his service to the City of Gastonia and its citizens. Mayor Pro Tem Kirlin read and presented a certificate of retirement to Mr. Dellinger. Mayor Pro Tem Kirlin also expressed his gratitude for Mr. Dellinger s service to the City and also for his friendship of many years and also his many accomplishments over the years. Mayor Pro Tem Kirlin asked Council for any remarks.

4 Page 238 Page 238 Councilman Pierceall commented that Chuck is always smiling and so personable. Councilman Pierceall thanked him for all his accomplishments in the City for everything he has done. Councilman Kellogg stated that he appreciated Chuck s brand of leadership, which is not boisterous, but strong, proud and humble and he knows how to get things done. Councilman Kellogg stated he is looking forward to the next couple of years and working with him on other projects. Councilman Gallagher commended Chuck on his no nonsense leadership and how he organizes chaos with all the coaches from the different leagues. Councilman Gallagher also commented on all the greenways and the work that has been done at the centers. Councilman Gallagher thanked him for the time and energy he puts into all the parks and wished him well in his retirement. Councilwoman Stepp noted that she had heard about Chuck since the 70 s through family members and friends and she finally got to work with him around Councilman Stepp noted the continuity that Chuck has extended for 38 years where he started and worked his way up and that continuity in our City has made our City greater because he has seen projects completed and been able to reach out to so many in the community. Councilwoman Stepp stated she is excited for him and his family and also excited because of his love for recreation, people, the community and Gastonia and she knows he will continue to put his handprint on the community in other ways. Councilman Humphries commented that Chuck is always upbeat and fair. He further noted that Chuck is always ready to get a job done and has a great attitude. Councilman Humphries stated that Chuck is going to be missed and all of his work and accomplishments are much appreciated. Councilman Humphries commended Chuck on his service and noted that the City is better off by the service he has given. Mayor Reid recognized Chuck s staff that were present and commended them on the work they do. Mr. Dellinger stated he has truly enjoyed coming to work and performing his duties during his tenure of almost 39 years. Mr. Dellinger stated the City has been good to him and he has been blessed to have had the opportunity to work for and with the citizens of the community to help make it a better place to live, work, and play. Mr. Dellinger stated he will cherish the relationships he has built throughout his career. Mr. Dellinger thanked the City, Council and past Councils, and also staff members for all of their guidance and support. Mr. Dellinger thanked his staff for all the work they do and commended them for being a great staff and hard workers. Mr. Dellinger also thanked his family for their support and also his parents for the work ethic and life lessons they have taught him. Mr. Dellinger thanked everyone for all they had done and for the pleasure of working with the City. Mayor Reid thanked Chuck for a job well done.

5 Page 239 Page 239 PUBLIC EXPRESSION Mayor Reid stated two people have signed in to speak. Mr. Dan Aleman, 1422 Edenton Court, Gastonia. Mr. Aleman stated he was present tonight to share a success story. Mr. Aleman described a problem they had in the Sherwood neighborhood with his and other properties that backed up to the Quail Woods Apartments. Mr. Aleman stated that they had wanted a fence between their properties and Quail Woods Apartments due to numerous problems. Mr. Aleman noted they had contacted Southwood Realty and worked for seven years to get a fence. Following a serious incident, they reached out to the Police Department who assigned a team of young officers to work with them and the apartments. Mr. Aleman stated that Officer Edge and Officer D. Rice worked with Quail Woods and Southwood and they were able to get a fence and better lighting. Mr. Aleman stated that if you stick with something and believe in it, you can get things accomplished. Mr. Aleman thanked Councilman Gallagher for all of his support along with the Council, Police, Quail Woods and Southwood Realty. Mayor Reid recognized Mr. Mitch Misty who did not come forward to speak. CONSENT AGENDA Councilman Gallagher made a motion to approve the Consent Agenda with the exception of H.1 which he would like pulled for discussion. Mayor Pro Tem Kirlin seconded the motion and Council approved it unanimously. H.2: Purchase of Automated Garbage Truck for Solid Waste Division through the NC Sheriffs Association Contract. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 22). H.3: Purchase of Black & White Police Package Units through the NC Sheriffs Association Contract. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 23). H.4: Interlocal Agreement with Gaston County for Disposal Services for FY (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 24). PULLED FROM CONSENT AGENDA H.1: Resolution of Support for the Gaston County School Bond and Sales Tax Referendums. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 25). Councilman Gallagher read the Resolution as presented. Councilman Gallagher requested Mr. Steve D Avria come forward for this presentation and questions.

6 Page 240 Page 240 Mr. D Avria stated on behalf of the Our Children, Our Future Committee, he thanked everyone for their leadership in the school bond sales tax referendums. Mr. D Avria stated the $250 Million in school bonds is for new construction which is at $110 Million which includes a $30 Million to build a new elementary school that has been narrowed down to a location in the southeast quadrant of Gaston County, $40 Million to build a new middle school, which would be Belmont Middle School and an additional $40 Million to build another middle school to replace another one to accommodate growth to replace one of our older ones and it is yet to be determined at this point which one that will be. Mr. D Avria stated the next is for $25 Million in classroom additions, expansions and renovations of media centers and cafeterias to help with this growth and to do away with trailers and other concerns and the final $115 Million is for a split through the townships, so funds are designated in all six townships based on critical needs which includes the Gastonia township. Mr. D Avria encouraged everyone to get out and vote on May 8 th. Mr. D Avria answered various questions from the Council. Councilman Kellogg urged people to vote for both, noting that if you vote for the bond referendum but fail to connect that to the ¼ percent sales tax, we could still end up with very little. Mr. D Avria stated they would have to be quite creative without the sales tax option. Councilwoman Stepp noted that the Resolution says that if a sales tax doesn t pass, then the debt service for repaying will be an increase in the ad valorem tax. Councilwoman Stepp asked if there a possible increase in property taxes? Mr. D Avria stated he was not familiar with the Resolution wording and could not comment on that. Mr. Peoples stated for clarification that the Resolution language originated from the County. Councilman Pierceall stated he was not opposed to new schools but did not support the property tax increase. Councilman Pierceall also commented on the old Arlington School which is boarded up and expressed his concerns about the building not being taken care of and also about the tall grass on the old Rhyne School property noting that he has been addressing this for seven years. Mr. D Avria encouraged everyone to go to Pleasant Ridge and see what is happening at that new school. Mr. Peoples stated those concerns should be forwarded to Gaston County Schools and he would pass that along again. After further discussion, Mayor Pro Tem Kirlin stated the Mr. D Avria is a school bond chairperson so he does not have the some of these answers but he got the message out tonight. Mayor Pro Tem Kirlin stated the wording in the Resolution was a little concerning. Mayor Pro Tem Kirlin stated he would like to make an amendment to the Resolution that we strike that from the Resolution completely or perhaps change the wording. Mayor Reid asked if that was in the form of a motion.

7 Page 241 Page 241 Mayor Pro Tem Kirlin stated if it would please the Council, he would go ahead and strike the word will in the first line of that particular paragraph and change that to could. Councilman Pierceall stated that if he is supporting something then he still doesn t want to say that he supports that it could be raised. Mayor Pro Tem Kirlin stated if that was the sentiment he would rather strike the whole paragraph and pass the Resolution than not pass the Resolution noting that he hoped everyone was in agreement with the general intent of the Resolution. Mayor Pro Tem Kirlin made a motion to go ahead and strike the paragraph. Councilman Kellogg seconded the motion. Councilman Pierceall stated he was in favor of the bonds and thought it could do tremendous good for our schools and a property sales tax could end up being a property tax increase and his Ward schools are left ruined and in decay. Mayor Pro Tem Kirlin stated we need to be progressive and forward thinking and work with the county to make that happen. Councilwoman Stepp stated that there are concerns and she has heard them but at the same time she agrees with the bigger picture and we need to prepare for future growth. Councilwoman Stepp noted that if we can take that paragraph out and we can continue to work on this issue, then she would be willing to support that. Councilman Humphries asked if what we are being asked to do is approve the concept of the voter referendum for the sales tax increase and also the school bonds. Mr. Smith stated yes. Councilman Humphries stated beyond that if there are any parts that we don t support after that is said and done then that is when we speak our mind at the voting booth. Mr. Smith stated that is correct and as far as this Resolution, if there is any language in it that you don t support and want to pull as has been discussed tonight, you can pull any of that language or revise it. Councilman Humphries stated he agreed with the motion and also with Councilman Pierceall s concerns but he doesn t want those concerns to be put on a shelf again and he is not sure what department in the City needs to spearhead this, but we need to do something because seven years is too long. Councilman Kellogg stated this issue may be perfect for the Inter-Governmental and Economic Development Committee that was just started because part of that premise is to build a relationship with other government bodies and to talk about issues that coincide between the City and those other government bodies so he suggested that we look into working with Councilman Pierceall and that is something that could be brought forward through that committee and give someone from the school board the opportunity to come to us and address this concern and get a dialogue started.

8 Page 242 Page 242 Mayor Reid stated it is an idea for the Inter-Governmental committee to meet with a representative from the school board as well as our county commissioners and he agreed with Councilman Pierceall that he should not be beating this drum alone and it should be a Council effort in totality that those issues be addressed. Mayor Reid thanked Councilman Pierceall for speaking up noting that he has the same concerns and those issues need to be addressed. Councilman Gallagher stated we are going to be helping sixteen schools out in Gastonia and he would support the bonds. Mayor Reid noted that we have a motion on the floor. Mayor Pro Tem Kirlin stated he would like to clarify the motion. Mayor Pro Tem Kirlin stated the motion was to strike that clause. Mayor Pro Tem Kirlin stated he wasn t sure if he stated in his motion to strike the clause and approve the Resolution because he was taking one thing at a time, so if everyone is comfortable that is his motion. Mayor Pro Tem Kirlin stated the first motion is to strike the clause to make sure we have consensus with Council on that and that is my motion. Councilman Humphries seconded the motion and Council approved the motion unanimously. Mayor Pro Tem Kirlin made a motion to approve the Resolution as amended. Councilman Gallagher seconded the motion and Council approved it unanimously. REGULAR AGENDA PUBLIC HEARING GARY E. MCCORD (FILE # 8924) SUBJECT HEARING INVOLVES A REQUEST TO REZONE APPROXIMATELY 4.56 ACRES FROM C-2 CD (HIGHWAY COMMERCIAL CONDITIONAL DISTRICT) AND RS-8 (RESIDENTIAL DISTRICT, MINIMUM 8,000SQ. FT. LOTS) TO C-2 CD (HIGHWAY COMMERCIAL CONDITIONAL DISTRICT). THE PROPERTY IS LOCATED AT THE INTERSECTION OF S. NEW HOPE ROAD AND PINEVIEW LANE. THE PROPERTY IS OWNED BY ASHBROOK STATION LTD. Mayor Reid recognized Jana McMakin, AICP, Senior Planner for the presentation and declared the public hearing open. Councilman Humphries stated in the interest of transparency and full disclosure, he has had contact with one of the individuals on the list of petitioners for the appeal. Mayor Reid and Councilwoman Stepp each acknowledged that they had as well. Ms. McMakin stated this zoning request was approved on February 8, 2018 by the Planning Commission; however, this request was appealed which is why it is on the agenda. Ms. Makin stated this is for a rezoning form the C-2 CD and RS-8 which is the Highway Commercial Conditional District and a Residential Zoning District to the C-2 CD, Highway Commercial

9 Page 243 Page 243 Conditional District, submitted by Mr. Gary E. McCord. Ms. McMakin noted the located is at the southwest corner of South New Hope and Pineview Lane totally approximately 4.56 acres as shown in the exhibits. Ms. McMakin noted the request is the use for mini-warehouse and this is allowed in the C-2 zoning district with a conditional use which is why they are going through this process. Ms. McMakin stated the Planning did vote 7-1 to approve the request and Staff is recommending approval of the zoning request as presented. Councilman Gallagher asked if the person that voted in opposition gave a reason. Ms. McMakin stated that Dr. Epstein did not give a reason for his no vote; however, he did ask a question during the hearing about uses permitted in the C-2 zoning district and was reminded that with a conditional request, such as this, it is for this specific use, but if someone wanted to do something different they would have to go back through this process again. Ms. McMakin answered various questions from the Council. Councilwoman Stepp noted for the record she had some concerns but would wait to hear from those that have signed in to speak. Mayor Reid noted six people are signed in to speak. Mr. David Smith introduced himself noting he is a local attorney and is representing Dr. Gary McCord, the applicant. Mr. Smith noted that Gary is a native Gastonian and his father, Red McCord operated the City of Gastonia airport for a number of years. Mr. Smith noted that this property is under contract to purchase from Ashbrook Station, Ltd., who is the current record owner of the property, who is also represented by Randy Bates, whom you will hear from shortly. Mr. Smith stated that Mr. Bates would like to improve that property with mini-warehouses. Mr. Smith noted that this use is a permitted use under your ordinance in the C-2 zone but it has to have a conditional use permit and you have to approve a specific site plan that limits what the applicant can do with the property when he improves it. Mr. Smith described the properties and the conditional use process and the concerns that have been expressed about the project. Mr. Smith stated that one concern was the materials that will be used for construction and he pointed out that the ordinance and one of the conditions that the Planning Board approved for this project is that it has to meet the Urban Standards Overlay District, a certain set of construction requirements which is in of the UDO which has a list of the materials that can be used for this project. Mr. Smith stated the major concern expressed to him is that they do not want a metal building like what you have seen around with other projects of this nature. Mr. Smith noted the ordinance calls for the City staff to approve the materials the applicant use for this project. Mr. Smith stated that should mitigate any concern. Mr. Smith stated someone mentioned the fencing and he noted it will not be chain link fencing, it will be more of a metal fencing with the vertical bars that you have seen on some projects like this and he stated compared to other uses in the area he believes that the project will be an improvement. Mr. Smith discussed the other uses that are currently around this

10 Page 244 Page 244 property and their appearance and also the owners, two of which are appellants. Mr. Smith reminded Council that their job is to determine whether or not this use is appropriate for this area and noted the standard is whether or not this project complies with your intended development in this area of your City and under the long range plan as the staff report indicates. Mr. Smith noted that it does and most of the property is already zoned for this type of project which is a permitted use there. Mr. Smith noted that three people have signed an appeal, one is Les McLean and he hasn t spoken with him about this project because he did not attend the neighborhood meeting or the Planning Board meeting to give them an opportunity to address his concerns. Mr. Smith stated Mr. McLean has a similar project like this that he developing near Belmont so he not sure if that enters into his concerns. Mr. Smith stated Roger Shumaker and Mr. and Mrs. Ken Bryant appealed and they were not at the neighborhood meeting or the Planning Board meeting to voice their concerns so he does not know their concerns. Mr. Smith stated for the reasons given he believes this is a viable project for this area, being developed by local people that have an interest in this community and they want to develop a project that they can be proud of and he asked for approval tonight. Councilwoman Stepp noted that Mr. Smith stated there would be no chain link fence but on our plans it shoes a chain link fence with the slats between the church and the property, so will that be changed? Mr. Smith stated it doesn t appear to be chain link and he doesn t think that would be approved. Councilwoman Stepp noted that what she has shows three different ones and one is the chain link with plastic slats and she wants to make sure that is not going to be put up. Councilwoman Stepp pointed out that the church next door to the property went to a lot of expense to make the new and older part blend together and did a really great job of making that property look nice and that is one of her concerns, which is the fence. Councilwoman Stepp asked if Mr. Smith knew how those meetings were advertised in addition to the yellow sign. Mr. Smith stated the neighborhood meeting was advertised by first class mail, as required by the ordinance to all adjoining property owners. Mr. Smith noted that no one showed up for the neighborhood meeting and no one was at the Planning meeting. Councilman Humphries stated the site plan that he has shows the fencing next to the church as a six foot chain link with three strands of barbed wire and he has a problem with that. Councilman Humphries stated a larger concern is what people are going to see as they pass the church, will they see chain like fence, a brick wall, and can Mr. Smith address whether the units are below grade level and also the barbed wire on the fence. Mr. Smith stated the units will be at grade which is now a little below grade, but it will be on one level and at grade. Mr. Smith noted that the fencing is something that when working with staff they will certainly address those concerns. Mr. Smith stated that the next door neighbor is the

11 Page 245 Page 245 church and they received the mailing and didn t come to the meeting. Mr. Smith stated he believes that is one of the things that staff can work with the developer to make sure that those things are addressed. Councilman Humphries noted that this being conditional is what is being asked, the conditions are what concerns us, not the rezoning itself but the actual conditions of the rezoning. Councilman Humphries stated the concerns that he has heard is the decline in existing property values, not because of what is being built, but the appearance of what is being built and that is his concern as well. Councilwoman Stepp asked about what type of building material will be used. Mr. Smith stated that his not been decided. Mayor Reid stated we will hear from the applicants first and then the others on this list. Mayor Reid recognized Mr. Randy Bates, Sr. Mr. Bates stated he lives in Fleetwood, North Carolina, the mountains of North Carolina. Mr. Bates stated he is the current owner of the property and they would like to sell the property and needs to sell it. Mr. Bates stated they have probably paid between $75,000 - $100,000 property taxes on this property over the last thirty years and he noted that he is not complaining, but it is a substantial amount of money. Mr. Bates stated he raised his family here and has been involved in various things in the City of Gastonia in past years. Mr. Bates stated he would appreciate it if Council would approve this property so that he can sell it. Mr. Bates thanked the Council for their time. Mayor Reid recognized Mr. Bob Clay. Mr. Clay, 3617 Golfview Drive, Gastonia. Mr. Clay stated he is a partner with Coldwell Banker Commercial Real Estate. Mr. Clay stated they have had Mr. Bates property for sale for over a year and have had a number of folks that have shown interest and some have talked with Mr. Thompson but most were for a multi-family use. Mr. Clay stated that having served a long time on the UDO Committees and all the things that have been done personally, he thinks that the City of Gastonia is respected for its Ordinances with the design standards and the system that is in place falls squarely on the shoulders of the staff and there needs to be confidence in that staff. Mr. Clay stated this is the least intrusive space for this site. Mr. Clay gave his opinion on the use of the property and how it could be a great addition for the City. Mr. Clay also stated that the use of this property will probably be the least amount of traffic of any other uses that could be there. Mr. Clay stated he hopes that Council will approve this zoning. Mayor Reid recognized Mr. Les McLean. Mr. McLean asked if he could be last. Mayor Reid then recognized Mr. George H. Rogers, Sr.

12 Page 246 Page 246 Mr. Rogers, 213 Quiet Waters Road, Belmont, North Carolina. Mr. Rogers stated he and his wife are both members of Redeemer Lutheran Church for over fifty years. Mr. Rogers gave the history of Redeemer Lutheran Church when New Hope Road was a two lane road. Mr. Rogers also gave the history of the expansion of the church over the years. Mr. Rogers s main concern is the fencing that this proposed project is proposing noting they have no objection to the project itself. Mr. Rogers stated he would like to see a brick wall of some sort but when you drive down into the parking lot of the church you don t want to see a chain link fence with a bunch of plastic streamers. Mayor Reid recognized Mr. Brent Messer. Mr. Messer, 1220 Oakwood Avenue, Belmont. Mr. Messer stated that he is speaking tonight on behalf of Redeemer Lutheran Church where he on the church council. Mr. Messer stated he had been there for years. Mr. Messer stated they did the notice for the meeting and it did slip his mind but he appreciates the system that is in place that allows for a safety net where it can be discussed. Mr. Messer stated there is no objection to the storage facility but they are concerned about the screening as Mr. Rogers pointed out. Mr. Messer stated they are passionate about the improvements that they have made to the church and property. Mr. Messer also gave the history of the church and its property. Mr. Rogers stated as people leave the church they will be looking right at the fencing. Mr. Rogers asked if the City could assure them that the aesthetics will be taken care of. Mr. Messer also stated there was a major erosion problem at the rear of the property and it was one of the first projects that the city took on with the stormwater run-off fee. Mr. Messer stated he hoped that the potential buyers were aware of those issues. Mayor Reid recognized Mr. Les McLean. Mr. McLean, 2916 Grampian Drive, Gastonia. Mr. McLean stated himself, Robert Shumaker, and the Bryant family signed a protest petition noting they have approximately thirty acres in the area and they feel that the screening of this property and the way it would look makes them feel that it would bring down their values and would not be a plus for Gastonia. Mr. McLean expressed his thoughts and concerns on the construction materials and the type of fencing. Mr. McLean stated they want Gastonia to be a nicer place to live and he hopes that they can move up and not down. Mr. McLean stated it would look better with brick and they would like that in their neighborhood. Mr. McLean stated that he appreciates Council s considerations and if they aren t willing to makethis something that Gastonia can be proud of then he hopes Council will turn it down. Mayor Reid stated Council can still offer conditions, ancillary conditions and asked Council what they would like to do. Councilman Pierceall asked Jason Thompson questions about the site plan and the location of the fence. Mr. Thompson clarified how fences are regulated under the UDO and further noted that using a chain link fence is not specifically prohibited under base ordinance standards; however, sometimes you get into situations where buffering is required and this is one of those cases that a buffer is required. Mr. Thompson stated you can do it in all plantings, which is what is being proposed here to meet that buffering requirement, or you can do a more narrow area of plantings

13 Page 247 Page 247 if you include the fence, but it has to meet certain basic standards. Mr. Thompson stated it appears the applicant s intent with theproposed fence on that side was simply as a security measure to secure the site. Mr. Thompson noted that there are additional standards above and beyond base ordinance standards and if the applicant was agreeable to it, then the Council, as part of their vote, could request additional additions. Mr. Thompson stated the detailed site engineering and the earthwork required to do the project has not been done yet. Councilman Pierceall stated if it is a chain-link fence, because of our ordinance they will have to put in an entire planting bed with shrubs and trees, so you may not see that fence. Mr. Thompson stated that Council could consider a zoning condition be added that required that it actually stay on the inside of that buffer so that all of the plantings are next to the church and there is nothing in the ordinance that would detail where it would have to go, but Council can add a condition. Councilman Gallagher asked Jason about the stucco look. Mr. Thompson stated a council some years back adopted design standards for buildings and those standards are a set of acceptable external building materials coupled with a set of architectural or articulation standards for the walls. Mr. Thompson noted that building materials are flexible. Mr. Thompson stated the plans are very conceptual. Mayor Reid stated that basically what he is hearing tonight is that no one is in opposition of the plan. Mayor Reid stated the biggest concern even from the appellants and Council is the appearance from the outside. Mayor Reid asked where we are as a Council on this particular issue. Councilwoman Stepp stated she would like it to have some type of outside appearance where it looks like an office or an administrative building rather than just garage doors and she would like to see brick or stone on the outside and a more consistent fencing or walling system that does more screening or some pretty elaborate landscaping. Mayor Pro Tem Kirlin gave a description of the buffer on Sam s Express and noted that he didn t think we should be making a decision on what materials are used. Mayor Pro Tem Kirlin stated we needed something durable that would last on the landscaping and gave examples of some things that could be done but noted he didn t think you could require the building to be brick because of the applicant s financial constraints. Mayor Reid recognized Mr. Smith for rebuttals. Mr. Smith stated there is a buffer between the chain-link and the church side so you would not see the chain-link. Mr. Smith noted that it would be cost prohibitive to build this whole project with a brick wall and build the buildings out of brick and that is not what your standards required. Mr. Smith stated you have a highly detailed Uniform Development Ordinance that has a very specific list of the things that are approved that the applicant is expected to do and you have a staff that implements that ordinance and he compliments them on their work. Mr. Smith noted they are not going to do anything other than comply with acceptable appearance and buffering standards that

14 Page 248 Page 248 you have in place. Mr. Smith stated that they are asking to use one of the approved products on the list. Mr. Smith requested Council approve this plan and allow staff to implement this in a way that they have your comments tonight and allow them to implement it according to the standards that you have in place. Councilwoman Stepp stated that she agreed with him and they have a lot of faith in staff noting that they do a great job. Councilwoman Stepp noted the point of a conditional hearing is to decide on conditions and they want to take into account everybody s view and feelings and she feels that everyone can come to a compromise. Councilwoman Stepp stated that basically they are looking at appearance, the outside appearance, buffering, screening and she thinks that is something that we can do. Councilman Pierceall stated he agrees with Councilwoman Stepp, Mayor Pro Tem Kirlin and the neighbors and Council are concerned about appearance. Councilman Pierceall stated that is also one of the reasons you go before the Planning Commission and the neighborhood meeting is to hash all of this out so that the project developer can find out what the neighborhood wants and the neighbors can find out what the project developer will do. Councilman Pierceall noted it was unfortunate the people did not attend the meetings. Councilman Pierceall made a motion to approve as presented. Councilman Kellogg seconded the motion. Council approved it unanimously. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 26). PUBLIC HEARING AMENDING THE UNIFIED DEVELOPMENT ORDINANCE (FILE # 8947) SUBJECT HEARING INVOLVES A REQUEST TO AMEND SECTION FH FLOOD HAZARD OVERLAY DISTRICT OF THE UNIFIED DEVELOPMENT ORDINANCE Mayor Reid recognized Rusty Bost, PE, Director of Development Services. Mr. Bost stated the public hearing tonight involves how we administer our No Rise Flood Ordinance. Mr. Bost reviewed the ordinance and the amendments requested as shown in the exhibits. Mayor Reid stated no one signed in to speak. Councilman Pierceall made a motion to close the public hearing and approved as presented. Councilman Kirlin seconded the motion and Council approved it unanimously.

15 Page 249 Page 249 (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 27). COMMITTEE REPORTS FACILITIES/MANAGEMENT COMMITTEE Mayor Reid requested Mayor Pro Tem Kirlin, Chairman of the Facilities/Management Committee for this report. Mayor Pro Tem Kirlin stated the Facilities/Management Committee met on Thursday, March 1, 2018 at 5:45 p.m. and discussed the following agenda. ITEM 2.A: Proposed Ordinance Amendment to Chapter 11 Public Nuisance Mayor Pro Tem Kirlin stated the Committee voted unanimously (3-0) to recommend approval of the ordinance amendment changing the days of compliancefrom 15 days to 10 days. Mayor Pro Tem Kirlin made a motion to approve. Councilman Pierceall seconded the motion and Council approved it unanimously. ITEM 2.B: Gastonia Conference Center Quarterly Financial Report Mayor Pro Tem Kirlin stated this is for information only as shown in the exhibits. ITEM 3: 3.A: Other Matters Historical Building Marker Ideas Mayor Pro Tem Kirlin stated the Committee accepted this as information only. Mayor Pro Tem Kirlin noted that Ms. Maggie Elliott attended the meeting and reached out to speak about her father, former city attorney of long-standing, Henry Whitesides, and she requested the Council consider her father for a possible naming opportunity going forward so that her father could be memorialized. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 28). CENTRAL CITY REVITALIZATION AND HOUSING COMMITTEE Mayor Reid recognized Councilman Pierceall, Chairman of the Central City Revitalization and Housing Committee for this report.

16 Page 250 Page 250 Councilman Pierceall stated the Central City Revitalization and Housing Committee met on Wednesday, March 14, 2018 at 5:45 p.m. in response to motion that he made at the previous City Council meeting to further discussed the Gastonia East Rotary Lease Agreement for the summer concert series. ITEM A: Gastonia East Rotary Lease Agreement for Summer Concert Series Councilman Pierceall stated the Committee voted unanimously (3-0) to recommend to Council approval of the Gastonia East Rotary Lease Agreement to secure an ABC permit as presented. Councilman Pierceall made a motion to approve as presented. Councilman Gallagher seconded the motion and Council approved it unanimously. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 27). CITY ATTORNEY S REPORT Mr. Smith stated the City did take possession of the Fab-Tech property and the Budget Inn will close by June 8 th. Mr. Smith also noted that he and Mr. Charles Graham, Assistant City Attorney, will be out of town at the Winter Conference in Chapel Hill for the Municipal Attorney s Association on Thursday and Friday. Councilwoman Stepp stated she had a question for Mr. Smith about an organization known as Oxford House buying older houses and using them as residential rehab facilities and she requested clarification on what they can and cannot do. Mr. Smith stated there are a couple of definitions under the UDO with regard to group homes, which is a large facility, and then we have family care homes, which are about six people living in a home and receiving treatment services. Mr. Smith stated the facilities that Oxford House has identified on their website that are in Gastonia are not providing services to the individuals. Mr. Smith stated the webpage as well as some of the people spoken with have said that no services are being provided, it is merely a living facility. Mr. Smith noted that usually the people have completed some type of treatment program but they do not receive any services there and it is simply living quarters and they pay to live there. Mr. Smith noted that Oxford House has been involved in a lot of litigation nationwide with local governments over group homes. Mr. Smith noted that have notified Oxford house that the limit is six people. Councilwoman Stepp stated that clarifies her question. CITY MANAGER S REPORT

17 Page 251 Page 251 Mayor Reid recognized Mr. Peoples for his report. Mr. Peoples stated that we have the Trenton Mill solicitation that is being marketed right now and June 1 st is the deadline for submittals and there are two dates set for opportunities for interested parties to meet with staff and walk through the facility. Mr. Peoples noted we are doing as much as we can to market that opportunity. Mr. Peoples stated we have a 2019 Budget Presentation meeting with Council on March 27 th. Mr. Peoples also noted that a Strategic Plan draft document from our meeting should be coming to you at the April 17 th Council meeting. CITY COUNCIL S REPORT Councilman Humphries stated he had no real report tonight but he did want to thank all of the city employees in all departments noting that we have the greatest municipal workforce in the South and they prove it every day when they go to work. The staff that works for the Council, they do their regular jobs and then they do all of the stuff that we ask them to do and they never turn us down. It is amazing the work they do and we appreciate them and we thank them every chance we get. He also asked that we remember our first responders, our fire department, our City Police Department, and also includes Gaston County Police, Gaston County Sheriff, Highway Patrol and our EMTs, noting all of those folks are first responders and when you call 911 someone from one or two of those groups are going to come and visit. Please remember them in your prayers along with their families. They have hard jobs and work long hours and that goes along with our military and their families. Councilwoman Stepp stated she did have the opportunity to be at First ARP s groundbreaking along with Councilman Gallagher for their new facilities that they are building noting they have been a mainstay in the central area of Gastonia and they do a lot in the community. She also worked with them while on the Historic District to come up with these plans with the Planning staff. She stated it is an exciting for them and the community and they really want to do all they can for Gastonia and the community and it was a nice service and good to be there as a representative for the City. She also attended the Young Adults of Gastonia meeting and those young people were putting together bags with things for the homeless people to give out and it was very refreshing to see their heart for people in our community that may need some assistance. She also sat in on the Mayor s Youth Council, a little bit younger crowd, to see the things they are doing in the community. These are both exciting things for our City. Councilwoman Stepp stated anyone in the community that may need assistance with over the counter medication, there will be free medical assistance this Friday at First Methodist Church form 9:00 2:00 in their Family Life Center. If you are looking for ways to be involved there are many schools in our City that still need mentors, 30 minutes a week is all it takes of your time and also the American Cancer Society need volunteers to transport patients for treatments and doctor s appointments and also

18 Page 252 Page 252 Keep Gastonia Beautiful is pushing right now for volunteers for their great American cleanup. If you would like to get involved in a bigger role, you can contact someone from Gastonia Beautiful. They would be happy to have your help. Councilman Pierceall stated that we are in the middle of Free Trash Pick-up week and everyone can take advantage of that. Councilman Gallagher went to the Crisis Pregnancy Banquet and they raised $145, at the First Assembly of God and it was an awesome time. The First ARP groundbreaking was very unique because we couldn t go outside so they brought dirt inside. It was really unique. The Gastonia Symphonic Band is playing at Forestview High School on Friday at 7:30 p.m. so go out and enjoy and some kids from the area will be playing as well. Black Gold sales started in March and this is for Keep Gastonia Beautiful and it is located at 3175 Duke Street on Friday from 2:00 p.m. to 6:00 p.m. and Saturday 8:00 a.m. to Noon and it is $15.00 a scoop and great for your garden and flower beds. Mayor Pro Tem Kirlin had the privilege of being a judge at the RoboGaston contest on March 10 th which is co-sponsored by the Gastonia East Rotary Club and the school system and they have all the elementary and middle schools involved noting that it is not only about robotics but also about teambuilding and leadership and it is fun to watch these kids and he encouraged everyone to try to attend. Mayor Pro Tem Kirlin stated that was good information about free excess trash but also this Saturday is the County s Household Hazardous Waste Collection which is at Biggerstaff Park and please remember to go by. Mayor Pro Tem Kirlin gave a shout out to Dr. Mark Epstein, our Planning Commissioner, because he participated in the Dancing for Future Stars this past weekend for the Boys and Girls Club and this group raised $300,000 to $400,000 at that event. Councilman Kellogg stated it was honor to chair the first meeting of the Inter-Governmental and Economic Development committee. He thanked Councilwoman Stepp and Mayor Reid for being there and stated it was a great thing for the City to have that Committee back up and running. He also attended the Arts on Main reception and there were a lot of great participants there and was great to see the art on display. He also met with Steve D Avria concerning the school bond referendum and Councilwoman Stepp was there and that was a great meeting as well. Mayor Reid acknowledged Chuck Dellinger and reminded everyone it was Chuck s birthday tomorrow. ANNOUNCEMENTS

19 Page 253 Page 253 Mayor Reid presented the announcements as shown in the exhibits. (Reference as contained in Exhibit Book 6 to Minute Book 107 at Page 28). ADJOURNMENT There being no other business to conduct, Mayor Reid declared the meeting adjourned at 9:05 p.m. Mayor Walker E. Reid, III L. Ashley Smith, City Attorney Sherry H. Dunaway, City Clerk rc032018