MINUTES OF THE CITY OF BURLINGTON CITY COUNCIL MEETING MAY 2, 2017 The City Council of the City of Burlington held a regularly scheduled meeting in the Council Chamber, Municipal Building, 425 South Lexington Avenue, Burlington, N. C., 27216-1358, on May 2, 2017, at 7:00 p.m. Mayor Ian Baltutis presided Councilmembers Present: Mayor Ian Baltutis, Mayor Pro Tem Celo Faucette Councilmembers Robert Ward, James Butler and Kathy Hykes Councilmembers Absent: None City Manager: Hardin Watkins, Present City Attorney: David Huffman, Present City Clerk: Renee M. Ward, Present CALL TO ORDER: Mayor Ian Baltutis INVOCATION: Mayor Ian Baltutis RECOGNITION: City Council recognizes visiting Mayor of Soledad, Mexico, Gilberto Hernandez-Villafuerte.
PROCLAMATION: National Police Week May 12-19, 2017 Council recognized and presented a proclamation to Police Chief Jeff Smythe in honor of National Police Week. PRESENTATION: Minetree Pyne Historic Preservation Awards Molly Whitlach, Chair of the Historic Preservation Commission recognized Brady and Angie Goforth (left) for restoring a home on West Davis Street and to George and Jerrie Nall (right) for the restoration of an old mill office at Glencoe Mills. CODE OF ETHICS DISCLOSING CONFLICTS OF INTEREST: City Clerk, Renee Ward Councilmember Hykes stated that she had a conflict of interest with Item #2. APPROVAL OF MINUTES: April 3, 2017 Work Session April 18, 2017 City Council 2
Upon motion by Councilmember Ward, seconded by Councilmember Butler, it was resolved unanimously to approve the above listed minutes. ADOPTION OF AGENDA Upon motion by Councilmember Butler, seconded by Mayor Pro Tem Faucette, it was resolved unanimously to adopt the agenda. CONSENT AGENDA: A. To adopt a Resolution and approve an agreement between the City of Burlington and North Carolina Department of Transportation ITS & Signal Unit to update the Burlington Computerized Traffic Signal System. Resolution #17-09 RESOLUTION: FUNDING COMPUTERIZED TRAFFIC SIGNAL SYSTEM A RESOLUTION OF THE CITY OF BURLINGTON, NORTH CAROLINA, ESTABLISHING A COMMITTED FUND BALANCE IN THE GENERAL FUND, IN THE AMOUNT OF $1,052,700.00, IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD, STATEMENT 54, AND THE CITY OF BURLINGTON FUND BALANCE POLICY WHEREAS, the Governmental Accounting Standards Board ("GASB") has adopted Statement 54, ("GASB 54"), a new standard for governmental fund balance reporting and governmental fund type definitions that became effective in governmental fiscal years starting after June 15, 2010; and WHEREAS, GASB 54 allows the governing body to formalize the commitment of unassigned fund balance to a specified purpose; and WHEREAS, the City Council is the highest level of decision making authority, and has the authority to commit, assign, or evaluate fund balance classifications and identify the intended uses of committed or assigned funds; and WHEREAS, the Federal Highway Administration will provide 80% of the funding with NCDOT and City of Burlington participating jointly in the remaining 20% of costs; and WHEREAS, this project replaces 20-year old equipment and will take 24-36 months to complete; and WHEREAS, the committed fund balance classification reflects amounts subject to internal restraints self-imposed by the City Council of the City of Burlington; and WHEREAS, once the committed fund balance restraints are imposed, it requires the constraint to be removed by the City Council of the City of Burlington prior to redirecting the funds for other purposes. 3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGTON, THAT, in accordance with the provisions of GASB 54, the City of Burlington hereby commits $1,052,700.00, from the unassigned fund balance, to be used for the Computerized Traffic Signal System project being performed by North Carolina Department of Transportation. Upon motion by Mayor Pro Tem Faucette, seconded by Councilmember Hykes, it was resolved unanimously to approve the foregoing consent agenda. UNFINISHED BUSINESS: ITEM 1: PUBLIC HEARING CONTINUED REZONING BRASSFIELD DRIVE WEST OLD GLENCOE ROAD SUBDIVISION Mayor Baltutis announced that a public hearing had been continued for City Council to consider an application to rezone properties located east of Brassfield Drive and Fernway Drive and south of West Old Glencoe Road for the use of a 172-lot residential subdivision referenced as Alamance County tax identification number 170825 and being a portion of lot 140023. (ON APPEAL) (Continued from the April 18, 2017, City Council Meeting) Planning and Community Development Director Amy Nelson stated that this rezoning request had the recommendation from staff but was denied by the Planning and Zoning Commission by a vote of 2-3. She stated that Mr. Wallace was proposing a connection along the proposed route to Glenn. She stated that Mr. Scott Wallace was present to review the new proposed plan. Mr. Scott Wallace, President, Keystone Group, Inc., 3708 Alliance Drive, Greensboro, NC, stated that since the last presentation, he had worked with staff several times and was able to produce a plan to which everyone was agreeable. Mayor Baltutis stated that the public hearing was being continued and asked if there were anyone who would like to speak. Mr. Nelson stated that Harris Street was very narrow and that it was a County street until the City annexed the area. The houses are built very close to the street which would make widening the street basically right on the residents front porches. She stated that the other alternative was to ban parking on the street which would make it difficult for the residents because they are already limited for space when parking in their driveways. Ms. Sharon Ramseur, Cresent Street in the Morgantown Community, stated concerns with additional traffic and that the streets were not in good condition. Ms. Karen Ogden, 518 Creekview, stated concerns with the kids having a place to play and if this subdivision would have a park or play area. 4
Ms. Robin Winteringham, 1326 Ridgecrest Avenue, representing Habitat for Humanity, spoke in favor of the rezoning. Upon motion by Councilmember Ward, seconded by Councilmember Butler, it was resolved unanimously to close the public hearing. Councilmember Hykes stated that Council could not say this subdivision would not create more traffic because it would, but was impressed with the additional ways for people to come in and out of the neighborhood. Mayor Pro Tem Faucette moved for the adoption of the following ordinance with the revised conditions: Ordinance #17-09 ORDINANCE TO AMEND OFFICIAL ZONING MAP (Rezone Properties located east of Brassfield Drive and Fernway Drive and south of West Old Glencoe Road.) BE IT ORDAINED by the City Council of the City of Burlington, North Carolina: Section 1. That the official zoning map, an element of the Burlington Zoning Ordinance, and the Comprehensive Land Use Plan are hereby rezoned from R-9, Residential District, to CR, Conditional Residential District for the use of a 175 lot residential subdivision, subject to the conditional uses with limitations as set forth in Sections 2, 3 and 4 of this ordinance the area described as follows: Properties located east of Brassfield Drive and Fernway Drive and south of West Old Glencoe Road, referenced as Alamance County Tax identification number 170825 and being a portion of lot 140023. Section 2. That the rezoning from R-9 Residential District to CR Conditional Residential District for the use of a 175 lot residential subdivision is hereby authorized subject to the following Use and Development Conditions: Use Conditions 1. 175 home residential subdivision with density of 2.4 homes per acre. Development Conditions 1. See preliminary sketch plan (also known as zoning site plan ) for development conditions. 2. Front setback 25 3. Side setbacks 5 with a minimum of 12 between dwellings. 4. Minimum lot size 7000 sq. ft. 5. Minimum lot width 60 6. Shall meet City of Burlington Storm Water Regulations 5
7. Prior to the approval of the final plat for Phase 2 of the development, the developer will secure the necessary property and construct the street extension needed to make the connection to Austin Street and Glen Street. 8. The details for the street connection at Austin Street and Glen Street will be approved by the Technical Review Committee as part of the preliminary plat review. 9. The proposed phasing lines will be approved by the Technical Review Committee as part of the preliminary plat review. 10. The cluster mailbox configuration will be in accordance with the NCDOT standards. Section 3. This property will be perpetually bound to the uses authorized and subject to such conditions as imposed including site plans and other submissions, unless subsequently changed or amended as provided for in the City of Burlington Zoning Ordinance. Section 4. Any violations or failure to accept any conditions and use limitations imposed herein shall be subject to the remedies provided in the City of Burlington Code of Ordinances and Zoning Ordinance. Section 5. That all ordinances or parts of ordinances inconsistent or in conflict with this ordinance are hereby repealed. The foregoing ordinance was seconded by Councilmember Hykes, and after full discussion, the same was voted upon and declared duly adopted, no amendments having been offered and consent having been given to place the same upon its immediate passage. Councilmembers voting in favor of the motion to adopt the foregoing ordinance were Baltutis, Faucette, Ward, Butler and Hykes. STATEMENT OF CONSISTENCY: Upon motion by Mayor Pro Tem Faucette, seconded by Councilmember Butler, it was resolved unanimously to approve the following statement of consistency: The City Council finds that the above amendment is consistent with the City of Burlington Comprehensive Land Use Plan and that this action is reasonable and in the public interest in that the amendment is compatible with existing land uses in the vicinity and reflects the changing land use patterns in the area. ITEM 2: PUBLIC HEARING CONTINUED - RESOLUTION NC DEPARTMENT OF COMMERCE RURAL ECONOMIC DEVELOPMENT DIVISION BUILDING REUSE GRANT BURLINGTON BEER WORKS Mayor Baltutis announced that the City Council would consider adopting a Resolution in support of an application to the North Carolina Department of Commerce Rural Economic Development Division for a Building Reuse grant in the amount, not to exceed $50,000, to support the interior build-out of the restaurant and brewery located at 302 South Main Street, Burlington, North Carolina. (Continued from the April 18, 2017, City Council Meeting) 6
Councilmember Hykes had been previously recused at the April 18, 2017, City Council meeting. Ms. Hykes exited the Council Chamber. Economic Development Director Peter Bishop asked the Council to consider adopting a Resolution supporting the Burlington Beer Works grant for the interior build-out of the restaurant and brewery. The public hearing was held and closed at the April 18, 2017, meeting. Upon motion by Councilmember Ward, seconded by Councilmember Butler, it was resolved unanimously, 4-0, to approve the Building Reuse Grant Program. Councilmember Hykes was previously recused and did not vote. Councilmember Hykes re-entered the Council Chamber. PUBLIC HEARINGS: ITEM 3: ANNEXATION BRASSFIELD MEADOWS Mayor Baltutis announced that a public hearing had been set to consider adopting the Brassfield Meadows Annexation Ordinance, to be effective May 2, 2017, at 11:59pm. Planner Daniel Shoffner stated that Mr. Wallace of Keystone Homes was the petitioner for this annexation petition for Brassfield Meadows. He stated that this annexation petition met all the statutory requirements for a voluntary annexation. The public hearing was opened and there were no comments. Upon motion by Councilmember Butler, seconded by Councilmember Hykes, it was resolved unanimously to close the public hearing. Councilmember Butler moved for the adoption of the following ordinance: Ordinance #17-10 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF BURLINGTON, NORTH CAROLINA WHEREAS, the City Council has been permitted under G.S. 160A-31 to annex the area described below; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the City of Burlington Municipal Building at 7:00pm on May 2, 2017, after due notice by the publication on April 20, 2017; and 7
WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A-31; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Burlington, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31 the following described territory is hereby annexed and made part of the City of Burlington as of May 2, 2017 at 11:59pm. Brassfield Meadows Contiguous Voluntary Annexation Beginning at an existing iron pipe in the northern margin of the right-of-way of Hazel Drive (Public Right-of-way varies); THENCE South 87 degrees 13 minutes 53 seconds West 81.02 feet to an existing iron pipe in the eastern property line of Lacy H. Alston Heirs (Deed Book 54, Page 215, Alamance County Registry); THENCE with the eastern property lines of Louise A. Moore (Deed Book 54, Page 215) and said Alston Heirs North 05 degrees 23 minutes 40 seconds East 439.95 feet to an existing iron pipe; THENCE with the northern property lines of said Alston Heirs North 85 degrees 35 minutes 55 seconds West 394.98 feet to an existing iron pipe; THENCE with the western property lines of said Alston Heirs and Edgar Furnell Moore (Deed Book 1429, Page 98) South 05 degrees 20 minutes 36 seconds West 317.85 feet to an existing iron pipe; THENCE with the following two (2) courses and distances of Emma Alston heirs (Plat Book D, Page 48): 1) THENCE North 84 degrees 57 minutes 27 seconds West 148.07 feet to an existing iron pipe and 2) THENCE South 05 degrees 32 minutes 24 seconds West 147.41 feet to an existing iron pipe; THENCE with the northern property lines of Roslyn Moore Crisp (Deed Book 1793, Page 450), Richard and Rosa Moore (Deed Book 400, Page 63), Joe Arthur Pinnix (Deed Book 940, Page 111), Sandra Pettiford Etal (Deed Book 326, Page 137), Lorenzo Harvey Heirs (Deed Book 656, Page 494), Valerie Leath Johnson (Deed Book 2169, Page 717) and Herron Massey Properties, LLC (Deed Book 2319, Page 517) the following two (2) courses and distances: 1) THENCE North 84 degrees 35 minutes 01 seconds West 308.66 feet to an existing iron pipe and 2) THENCE North 84 degrees 30 minutes 54 seconds West 240. 93 feet to an existing iron pipe in the eastern property line of Edwin B. Stewart II (Deed Book 1098, Page 42); THENCE with said eastern and northern property lines of Edwin B. Stewart II the following two (2) courses and distances: 1) THENCE North 08 degrees 18 minutes 42 seconds East 496.30 feet to an existing iron pipe and 2) THENCE South 89 degrees 23 minutes 56 seconds West 320.85 feet to an existing iron pipe, being the southeast corner of Brassfield Meadows Subdivision, Phase 6 Section 1 (Plat Book 70, Page 70); THENCE with the eastern property lines of said Brassfield Meadows Subdivision, Phase 6 Section 1, Phase 4 (Plat Book 66, Page 190) and Phase 5 (Plat Book 68, Page 469) and northern property line the following six (6) courses and distance: 1) THENCE North 14 degrees 43 minutes 00 seconds East 919.30 feet to an existing iron pipe, 2) THENCE North 14 degrees 49 minutes 47 seconds East 471.01 feet to an existing iron pipe, 3) THENCE North 82 degrees 35 minutes 02 seconds West 577.82 feet to an existing iron pipe, 4) THENCE North 81 degrees 53 minutes 32 seconds West 211.56 feet to a point, 5) THENCE North 82 degrees 41 minutes 17 seconds West 501.47 feet to a point and 6) THENCE North 61 degrees 50 minutes 47 seconds West 210.09 feet to an existing iron pipe; THENCE North 07 degrees 43 minutes 14 seconds West 138.34 feet to a new point; THENCE along a new property line South 83 degrees 14 minutes 10 seconds East 2190.40 feet to a new point in the western line of Carl D. Buckland, Sr. Trust (Deed Book 3470, Page 156); THENCE with the western and southern property lines of said Buckland, Sr. Trust the following six (6) courses and distances: 1) THENCE South 09 degrees 11 minutes 27 seconds East 218.85 feet to a point, 2) THENCE South 06 degrees 56 minutes 18 8
seconds East 210.36 feet to a point, 3) THENCE North 87 degrees 17 minutes 40 seconds East 465.37 feet to a point, 4) THENCE North 82 degrees 13 minutes 30 seconds East 230.82 feet to a point, 5) THENCE South 68 degrees 50 minutes 00 seconds East 198.01 feet to a point and 6) THENCE North 85 degrees 48 minutes 17 seconds East 40.51 feet to an existing iron pipe in the western property lines of Luciano Mata Covarrubias Etux (Deed Book 3045, Page 956 and Deed Book 2403, Page 365), Gabriel Baza (Deed Book 3103, Page 751) and Sondra Davis Etal (Deed Book 342, Page 13) the following three (3) courses and distances: 1) THENCE South 05 degrees 57 minutes 24 seconds West 279.14 feet to an existing iron pipe, 2) THENCE South 05 degrees 23 minutes 31 seconds West 429.81 feet to an existing iron pipe and 3) THENCE South 06 degrees 25 minutes 17 seconds West 509.57 feet to an existing iron pipe in the northern property line of John L. Brewer (Deed Book 1950, Page 441); THENCE with said property line of John L. Brewer North 85 degrees 04 minute 50 seconds West 202.98 feet to an existing iron pipe; THENCE along the northern and western property lines of Plat Book 7 Page 96 including the terminus of Harris Drive (Public Right-of way) the following two (2) courses and distances: 1) THENCE North 85 degrees 41 minutes 26 seconds West 246.20 feet to an existing iron pipe and 2) THENCE South 03 degrees 51 minutes 09 seconds West 430.55 feet to the POINT and PLACE of BEGINNING containing 71.513 acres more or less and being more particularly described as all of parcel 170825 and part of 140023 located in Burlington Township, Alamance County, North Carolina. Section 2. Upon and after May 2, 2017 at 11:59pm, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Burlington and shall be entitled to the same privileges and benefits as other parts of the City of Burlington. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the City of Burlington shall cause to be recorded in the office of the Register of Deeds of Alamance County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County Board of Elections, as required by G.S. 163-288.1. The foregoing ordinance was seconded by Councilmember Ward, and after full discussion, the same was voted upon and declared duly adopted, no amendments having been offered and consent having been given to place the same upon its immediate passage. Councilmembers voting in favor of the motion to adopt the foregoing ordinance effective May 2, 2017, at 11:59 PM were Baltutis, Faucette, Ward, Butler and Hykes. ITEM 4: ANNEXATION BUCKHILL VILLAGE APARTMENTS Mayor Baltutis announced that a public hearing had been set to consider adopting the Buckhill Village Apartments Annexation Ordinance, to be effective May 2, 2017, at 11:59pm. Planner Daniel Shoffner stated that this request for annexation was from Buckhill Village Apartments and would make Fire Station #6 contiguous to other parts of the City limits. The public hearing was opened and there were no comments. 9
Upon motion by Mayor Pro Tem Faucette, seconded by Councilmember Hykes, it was resolved unanimously to close the public hearing. Councilmember Hykes moved for the adoption of the following ordinance: Ordinance #17-11 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF BURLINGTON, NORTH CAROLINA WHEREAS, the City Council has been permitted under G.S. 160A-31 to annex the area described below; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the City of Burlington Municipal Building at 7:00pm on May 2, 2017, after due notice by the publication on April 20, 2017; and WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A-31; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Burlington, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31 the following described territory is hereby annexed and made part of the City of Burlington as of May 2, 2017 at 11:59pm. Buckhill Village Apartments Contiguous Voluntary Annexation BEGINNING AT A MATHEMATICAL POINT ON THE NORTHERN RIGHT OF WAY OF BONNAR BRIDGE PARKWAY, THENCE ALONG SAID RIGHT OF WAY, S 26º 36 38 W, A DISTANCE OF 151.94 TO A POINT, CONTINUING WITH SAID RIGHT OF WAY ALONG A CURVE WITH A CHORD BEARING OF S 55º12 33 W, A CHORD DISTANCE OF 540.90 AND HAVING A RADIUS OF 565.00, TO A MATHEMATICAL POINT, THENCE CONTINUING WITH SAID RIGHT OF WAY, S 83º 48 26 W, A DISTANCE OF 538.71 TO A MATHEMATICAL POINT, THENCE N 34º 20 33 E, A DISTANCE OF 928.42 TO A MATHEMATICAL POINT, THENCE N 34º 20 33 E, A DISTANCE OF 3.81 TO A MATHEMATICAL POINT, THENCE S 62º 04 50 E, A DISTANCE OF 128.89 TO A MATHEMATICAL POINT, THENCE S 63º 07 30 E, A DISTANCE OF 457.44 TO A MATHEMATICAL POINT, BEING THE POINT AND PLACE OF BEGINNING AND CONTAINING 9.63± ACRES TOTAL Section 2. Upon and after May 2, 2017 at 11:59pm, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Burlington and shall be entitled to the same privileges and benefits as other parts of the City of Burlington. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the City of Burlington shall cause to be recorded in the office of the Register of Deeds of Alamance County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy 10
of this ordinance. Such a map shall also be delivered to the County Board of Elections, as required by G.S. 163-288.1. The foregoing ordinance was seconded by Mayor Pro Tem Faucette, and after full discussion, the same was voted upon and declared duly adopted, no amendments having been offered and consent having been given to place the same upon its immediate passage. Councilmembers voting in favor of the motion to adopt the foregoing ordinance effective May 2, 2017, at 11:59 PM were Baltutis, Faucette, Ward, Butler and Hykes. ITEM 5: ANNEXATION COPLAND FABRICS Mayor Baltutis announced that a public hearing had been set to consider adopting the Copland Fabrics Annexation Ordinance, to be effective May 2, 2017, at 11:59pm. Planner Daniel Shoffner stated that this request for annexation was from Copland Fabrics and was a satellite annexation just northeast of the existing City limits along the Haw River. He stated that this request would place City limits, for the first time, north of the Haw River. He stated that this request met all statutory requirements for a satellite annexation. The public hearing was opened and there were no comments. Upon motion by Councilmember Ward, seconded by Councilmember Hykes, it was resolved unanimously to close the public hearing. Councilmember Hykes moved for the adoption of the following ordinance: Ordinance #17-12 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF BURLINGTON, NORTH CAROLINA WHEREAS, the City Council has been permitted under G.S. 160A-58.1 to annex the area described below; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the City of Burlington Municipal Building at 7:00pm on Tuesday, May 2, 2017, after due notice by the publication on April 20, 2017; and WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A-58.1(b), to wit: a. The nearest point on the proposed satellite corporate limits is not more than three (3) miles from the corporate limits of the City; b. No point on the proposed satellite corporate limits is closer to another municipality than to the City; 11
c. The area described is so situated that the City will be able to provide the same services within the proposed satellite corporate limits that it provides within the primary corporate limits; d. No subdivision, as defined in G.S. 160A-376, will be fragmented by this proposed annexation; e. The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, does not exceed ten percent (10%) of the area within the primary corporate limits of the City; and WHEREAS, the City Council further finds that the petition has been signed by all owners of real property in the area who are required by law to sign; and WHEREAS, the City Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the City and of the area proposed for annexation will be best served by annexing the area described; Copland Fabrics Non-Contiguous Voluntary Annexation A certain tract or parcel of land in Graham and Faucette Townships, Alamance County, North Carolina, adjoining the lands of North Graham-Hopedale Road SR 1700, Lower Hopedale Road SR 1712, Patty Johnson Wilson, Trustee Parcel # 141248, The City of Burlington Parcel # 141251, Carolina Road SR 1730, Carolina Mill Road/Deep Creek Church Road SR 1729, Copland Fabrics, Inc. Parcel # 149773, Janet B. Hughes et al Parcel # 149838, Grace E. Barrett, Trustee Parcel # 149841, Grace E. Barrett, Trustee Parcel # 149844, Grace E. Barrett, Trustee Parcel # 149843, Copland Fabrics, Inc. Parcel # 149904, the Haw River, Brandy R. Dodson Parcel # 149833, The County of Alamance Parcel # 149767, Perry W. Lightfoot, et al Parcel #149769, Copland Inc., parcel # s 141243, 149776, 149836(subject property), Copland Fabrics, Inc. parcel # s 141255, 149771, 149770, 149774, 149775, 141252, 141253, 141250, 149772, 141254(subject property), North Sellars Mill Road SR 1779 and being more particularly described as follows: BEGINNING at a point at the Northeastern intersection of North Sellars Mill Road SR 1779 and North Graham-Hopedale Road SR 1700 said point being located approximately N 29 39 49 E 2,594 feet more or less (Bearing and distance based on coordinates picked on Alamance County GIS) from the Northeastern corner of Lot 4 of the Melmark Subdivision as recorded in the Alamance County Registry in Plat Book 76 Page 204 (which lot lies within the existing current City of Burlington Corporate Limits) and running thence with North Graham-Hopedale Road SR 1700 N 03 29 20 E 946.07 feet to a point; Continuing thence with said North Graham-Hopedale Road SR 1700 N 09 09 00 E 68.43 feet to a point in the intersection of North Graham-Hopedale Road SR 1700 and Lower Hopedale Road SR 1712; Continuing thence with said North Graham-Hopedale Road SR 1700 N 52 31 40 E 76.05 feet to a point in the line of the southwestern bank of the Haw River; running thence with said southwestern bank of the Haw River and the line of Patty Johnson Wilson, Trustee Parcel # 141248 the following two (2) calls: N 35 30 00 W 116.87 feet to a point; thence N 28 00 00 W 45.00 feet to a point; running thence across said Haw River N 56 45 00 E 235.00 feet to a point on the southern margin of Carolina Mill Road SR 1729; running thence across Said Carolina Mill Road SR 1729 N 64 52 34 E 36.05 feet to a point on the northern margin of Carolina Mill Road SR 1729; running thence with said northern margin of Carolina Mill Road SR 1729 S 35 45 00 E 60.00 feet to a point being a corner between subject property parcel # 141250 and The City of Burlington parcel # 141251; running thence with the line between subject property parcel #s 141250 and 141253 and The City of Burlington parcel # 141251 12
N 56 05 00 E 300.00 feet to a point on the southern margin of Carolina Road SR 1730; running thence with said southern margin of Carolina Road SR 1730 the following three (3) calls: S 33 55 00 E 500.00 feet to a point; thence S 36 45 00 E 345.00 feet to a point; thence S 28 25 00 E 237.97 feet to a point at the intersection of the southern margin of Carolina Road SR 1730 and the northern margin of Carolina Mill Road SR 1729; running thence across said Carolina Mill Road SR 1729 S 13 19 30 E 44.53 feet to a point in the southern margin of Carolina Mill Road SR 1729 said point being a corner between Lot 2 subject property parcel # 149771 and Tract 1 subject property as described in Deed Book 138 Page 342; running thence with the northern margin of said Tract 1 subject property as described in Deed Book 138 Page 342 (also being the southern margin of Deep Creek Church Road SR 1729) N 70 35 16 E 125.74 feet to a point in the southern margin of Deep Creek Church Road SR 1729; continuing thence with said southern margin of Deep Creek Church Road SR 1729 N 56 55 00 E 30.00 feet to a point; running thence with said southern margin of Deep Creek Church Road SR 1729 across Stoney Creek N 52 15 00 E 89.81 feet to a point being a corner between subject property parcel # 149772 and Copland Fabrics, Inc. parcel # 149773 on the northeastern bank of Stoney Creek; running thence with said northeastern bank of Stoney Creek and Copland Fabrics, Inc. parcel # 149773 the following three calls: S 27 40 00 E 32.39 feet to a point; thence S 57 00 00 E 404.00 feet to a point; thence S 46 10 00 E 103.00 feet to a point being a corner between subject property parcel # 149772 and subject property parcel # 149836 in the line of Copland Fabrics, Inc. parcel # 149773; continuing thence with the northeastern bank of Stoney Creek and the line of Copland Fabrics, Inc. parcel # 149773 the following two calls: S 46 10 00 E 97.00 feet to a point; thence S 43 10 00 E 186.50 feet to a point being a corner between Copland Fabrics, Inc. parcel # 149773 and Janet B. Hughes, et al parcel # 149838; running thence with the northeastern bank of Stoney Creek and Janet B. Hughes, et al parcel # 149838 S 49 20 00 E 155.00 feet to a point being a corner between Janet B. Hughes, et al parcel # 149838 and Grace E. Barrett, Trustee parcel # 149841; running thence with the northeastern bank of Stoney Creek and Grace E. Barrett, Trustee parcel # 149841 S 09 50 00 E 94.00 feet to a point being a corner between Grace E. Barrett, Trustee parcel # 149841 and Grace E. Barrett, Trustee parcel # 149844; running thence with the northeastern bank of Stoney Creek and Grace E. Barrett, Trustee parcel # 149844 S 18 20 00 E 110.00 feet to a point being a corner between Grace E. Barrett, Trustee parcel # 149844 and Grace E. Barrett, Trustee parcel # 149843; running thence with the northeastern bank of Stoney Creek and Grace E. Barrett, Trustee parcel # 149843 and Copland Fabrics, Inc. parcel # 149904 S 10 30 00 E 152.60 feet to a point; running thence with the eastern bank of Stoney Creek and the Line of Copland Fabrics, Inc. parcel # 149904 S 06 50 00 W 200.00 feet to a point near the confluence of Stoney Creek and the Haw River; running thence with the line of Copland Fabrics, Inc. parcel # 149904 and the eastern bank of the Haw River the following two (2) calls: S 02 50 00 E 100.00 feet to a point; thence S 14 50 00 E 234.00 feet to a point; Running thence across said Haw River N 69 20 00 W 315.00 feet to a point on the southwestern bank of the Haw River being a corner between Brandy R. Dodson parcel # 149833 and the County of Alamance parcel # 149767; running thence with the southwestern bank of the Haw River and the County of Alamance parcel # 149767 the following seven (7) calls: N 39 30 00 W 135.00 feet to a point; thence N 41 45 00 W 100.00 feet to a point; thence N 56 50 00 W 200.00 feet to a point; thence N 50 30 00 W 200.00 feet to a point; thence N 42 25 00 W 141.00 feet to a point; thence N 56 15 00 W 255.00 feet to a point; thence N 64 20 00 W 95.00 feet to a point being a corner between the County of Alamance parcel # 149767 and Perry W. Lightfoot, et al parcel # 149769; running thence with the southwestern bank of the Haw River and Perry W. Lightfoot, et al parcel # 149769 the following four (4) calls: N 51 00 00 W 233.00 feet to a point; thence N 11 40 00 E 55.00 feet to a point; thence N 18 20 00 W 65.00 feet to a point; thence N 47 20 00 W 10.00 feet to a point being a corner 13
between Perry W. Lightfoot, et al parcel # 149769 and subject property parcel # 141243; thence leaving the southwestern bank of the Haw River and running with the line between Perry W. Lightfoot, et al parcel # 149769 and subject property parcel # 141243 S 48 35 00 W 485.81 feet to a point in the northern margin of North Sellars Mill Road SR 1779; running thence with said northern margin of North Sellars Mill Road SR 1779 the following two (2) calls: N 75 35 50 W 243.05 feet to a point; thence N 80 00 00 W 284.62 feet to the POINT OF BEGINNING containing 49.872 acres+- (0.077925+square miles) and being an extension of the City of Burlington Corporate Limits (non-contiguous voluntary annexation). NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Burlington, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-58.2 the following described non-contiguous territory is hereby annexed and made part of the City of Burlington as of May 2, 2017 at 11:59pm. The foregoing ordinance was seconded by Councilmember Butler, and after full discussion, the same was voted upon and declared duly adopted, no amendments having been offered and consent having been given to place the same upon its immediate passage. Councilmembers voting in favor of the motion to adopt the foregoing ordinance effective May 2, 2017, at 11:59 PM were Baltutis, Faucette, Ward, Butler and Hykes. ITEM 6: MAY HOSIERY MILL 612 SOUTH MAIN STREET - HISTORIC LANDMARK Mayor Baltutis announced that a public hearing had been set to consider adopting an ordinance designating the May Hosiery Mill property located at 612 South Main Street a local historic landmark. Planner Daniel Shoffner stated that this request was to designate the May Hosiery Mill a local historic landmark. He stated that this was the fourth landmark in the City and was not something that was done frequently or often. He stated that there were three existing landmarks; the Carousel at City Park, the Historic Depot and a house located on East Davis Street. He stated that this designation was tied to the future apartment development of May Hosiery as an economic development tool. The public hearing was opened and there were no comments. Upon motion by Councilmember Butler, seconded by Councilmember Hykes, it was resolved unanimously to close the public hearing. Councilmember Butler moved for the adoption of the following ordinance: 14
Ordinance #17-13 AN ORDINANCE DESIGNATING A HISTORIC LANDMARK IN THE CITY OF BURLINGTON, NORTH CAROLINA AN ORDINANCE DESIGNATING THE PROPERTY KNOWN AS THE MAY HOSIERY MILL. THE PROPERTY IS LOCATED AT 612 SOUTH MAIN STREET, BURLINGTON, NORTH CAROLINA. WHEREAS, all the prerequisites to the adoption of this ordinance prescribed in Chapter 160A, Article 19, Part 3C of the General Statutes of North Carolina (NCGS), have been met; and, WHEREAS, the City Council of the City of Burlington has taken into full consideration all the statements and information presented at a public hearing on the 2nd day of May 2017, on the question of designating the property known as the May Hosiery Mill as historic property; and, WHEREAS, the property known as the May Hosiery Mill is notable as a significant local historic property because of the integrity of its design, quality of workmanship, quality of construction materials, value of a historic structure, and is a National Register site; and, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Burlington, North Carolina that: Section 1. That the property known as the May Hosiery Mill is hereby designated as a "Historic Landmark" pursuant to Chapter 160A, Article 19, Part 3C of the General Statutes of North Carolina. The legal description of said property is more particularly described as follows: May Hosiery Mill Property - 612 South Main Street BEGINNING at a point, said point being the building corner at the southwest intersection of South Main Street and Morehead Street; running thence with the western margin of Morehead Street, South 34 degrees 46' 09" East 322.43 feet to a building corner at the northwest intersection of Morehead Street and South Spring Street; thence with South Spring Street, South 58 degrees 36' 23" West 229.70 feet to a new iron pipe on the eastern margin of Fourth Street; thence with the margin of Fourth Street, North 35 degrees 18' 23" West 301.36 feet to a point in the southern margin of South Main Street; thence with the margin of South Main Street, North 53 degrees 21' 59" East 232.25 feet to the point of BEGINNING, containing 1.651 acres, more or less. Section 2. That said designated property may not be materially altered, restored, moved, or demolished without the issuance of a Certificate of Appropriateness by the Burlington Historic Preservation Commission in accordance with the U.S. Department of Interior's Standards for Rehabilitation and the Burlington Historic Preservation Commission Design Review Manual on file with the City Planning Department. An application for a Certificate of Appropriateness authorizing the demolition of said property may be denied or delayed pursuant to NCGS 160A-400.14 if the State Historic Preservation Officer determines the property to have statewide significance as defined in the criteria for the National Register of Historic Places. Section 3. That nothing in this ordinance shall be construed to prevent or delay the ordinary maintenance or repair of any architectural feature in or on said property that does not involve a change 15
of design, material or outer appearance thereof, nor to prevent or delay the making of emergency repairs, nor to prevent or delay the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when the Chief Building Inspector or similar officials certifies to the Burlington Historic Preservation Commission that such action is required for the protection of the public health and public safety because of an unsafe condition. Nothing herein shall be construed to prevent the property owner from making any use of the property not prohibited by other statutes, ordinances or regulations. Section 4. That a suitable sign or plaque shall be posted indicated that said property has been designated a "Historic Landmark" in accordance with NCGS 160A-400.5 Section 5. That the owners of said property known as the May Hosiery Mill be given notice of this ordinance as required by applicable law and that copies of this ordinance be filed and indexed in the office of the City Clerk, Building Inspections Department, Alamance County Register of Deeds, and the Tax Supervisor, as required by applicable law. Section 6. That this ordinance entitles said owners of said property to qualify for preferential tax treatment on the basis of fifty percent (50%) of the true value of the property as determined pursuant to NCGS 105-285 and 286 or 105-287. Section 7. That which is designated as historic property shall be subject to Chapter 160A, Article 19, Part 3C, and any amendments to it and any amendments hereinafter adopted. Section 8. That this ordinance shall take effect upon passage. The foregoing ordinance was seconded by Mayor Pro Tem Faucette, and after full discussion, the same was voted upon and declared duly adopted, no amendments having been offered and consent having been given to place the same upon its immediate passage. Councilmembers voting in favor of the motion to adopt the foregoing ordinance were Baltutis, Faucette, Ward, Butler and Hykes. NEW BUSINESS: ITEM 7: TEMPORARY STREET CLOSING THE BLEND & CO. CRAFT FAIR Mayor Baltutis announced that the City Council would consider a request allowing The Blend & Co. coffee shop permission to hold a craft fair event in a portion of City Parking Lot #1 at the corner of Front Street and Spring Street on May 13, 2017, from 10:00am until 3:00pm contingent upon meeting all requirements of the City of Burlington s Special Event Permit application. Ms. Holly Treadwell stated that they wanted to provide a craft market and was excited about creating and fostering a strong culture in downtown Burlington. Upon motion by Councilmember Hykes, seconded by Councilmember Butler, it was resolved unanimously to allow the temporary street closing on May 13, 2017, contingent upon meeting all requirements on the Special Events application. 16
PUBLIC COMMENT PERIOD There were no public comments. CITY COUNCIL COMMENTS Councilmember Butler stated that he served on the Piedmont Triad Regional Council and throughout the year the committee spotlights various cities and a few weeks ago it was feature Burlington day. He thanked Rachel Kelly for producing a great PowerPoint highlighting Burlington and to City Manager Hardin Watkins for tag-teaming the presentation. He stated that it was very impressive. Councilmember Hykes stated that she attended an event called Engage Alamance which was an example of the spirit of entrepreneurism that is emerging in our community. Mayor Baltutis: Governor was present last week recognizing Small Business Week and the impact that the Main Street Solutions fund had made on Company Shops Market. Active City Streets, May 5, 2017, 10:00 2:00 p.m. Fourth Fridays May 26, 2017, 4:30 p.m. 9:00 p.m. Belong in Burlington July 26, 2017, 6:00 p.m. 8:00 p.m. Link Transit All day fares - $4.00 ADJOURN: Upon motion by Councilmember Hykes, seconded by Councilmember Butler, it was resolved unanimously to adjourn. (8:12 p.m.) Renee M. Ward Renee M. Ward City Clerk 17 May 2, 2017 City Council Meeting