Salisbury, North Carolina
May 1, 2001
The City Council of the City of Salisbury met in regular session in the Council Room of the Municipal Building on Tuesday, May 1, 2001, at 4:00 p.m., with the following members being present and absent:
PRESENT: Burgin, Kennedy, Kluttz, Woodson
ABSENT: Maddox
The meeting was called to order by Mayor Kluttz, and the invocation was given by Mayor Pro Tem Woodson.
Mayor Kluttz stated that Councilmember Maddox, who is also the baseball coach for Salisbury High School, is not present because the school team is participating in out of town playoffs today.
Staff members present were:
David W. Treme - City Manager
Swannetta Fink - City Clerk
Sam Brady - Fire Chief
Larry Chilton - Land Management & Development Director
Rivers Lawther - City Attorney
Foster Owen - Assistant City Manager
John Sofley - Finance Director
John Vest - Director of Utilities
Gail Elder White - Parks & Recreation Director
PROCLAMATIONS
Mayor Kluttz proclaimed the following and urged all citizens to make notation of them:
NATIONAL DAY OF PRAYER May 3, 2001
NATIONAL CHARTER SCHOOL WEEK April 30 – May 4, 2001
NATIONAL POLICE WEEK May 14 – 20, 2001
VETERANS MEMORIAL DAY May 28, 2001
FOSTER CARE MONTH May, 2001
INFORMATION AND REFERRAL
AWARENESS MONTH May, 2001
CONSENT AGENDA
Upon motion of Mr. Woodson, seconded by Mr. Kennedy, and with Messrs. Burgin, Kennedy, Woodson and Ms. Kluttz voting AYE, the following items appearing on the Consent Agenda, were approved:
The Minutes of the regular meeting on April 17, 2001.
The following outside utility connections:
- Pamela and Scott Hamby, 150 Cross Ridge Avenue, Tax Map 477, Parcel 048
- Pamela and Scott Hamby, Crosby Street, Tax Map 477, Parcel 015
Council received a petition to close a portion of Yost Circle, and adopt the following resolution setting a public hearing date for June 5, 2001.
"RESOLUTION PERTAINING TO THE PROPOSED CLOSING OF A PORTION OF YOST CIRCLE."
(The above resolution is recorded in full in Resolution Book No. 10, under Chapter XII – Miscellaneous, at Page No. 104, and is know as Resolution No. 2001-10.)
Approved closing 1100 block of N. Shaver Street (Sedgefield Acres), Friday, May 18, 2001, from 3:00 p.m. – 8:00 p.m., in order to hold a neighborhood block party.
Approved a 5K "RUN FOR YOUR LUNGS" Race, Saturday, May 26, 2001, at 8:30 a.m., beginning at Catawba College stadium.
ASPHALT ISSUES UPDATE
Mr. Richard Kelly, Risk Manager, gave Council a brief update regarding asphalt issues. He told Council that since city employees began monitoring the system, there has been a total of 185 complaints from the residents which resulted in 32 personal inspections and 5 actual citations issued. Of the citations issued, three went to Associated Asphalt Terminal and two went to APAC Asphalt Plant, Mr. Kelly reported. Associated has appealed two of those which went before the Zoning Board of Adjustment (ZBA). The citations appealed were upheld by the ZBA. The North Carolina Department of Environment and Natural Resources has erected three monitoring stations around the area as follows:
These stations will house monitoring devices, computers, and analyzing equipment, along with a full scale meteorological station, to survey the actual environment. Two stations are running and are energized through Duke Power Company. The third, which is at the end of Spring Drive, is scheduled to be on line May 4. The information will be analyzed through July 31, 2001 in an attempt to come to some agreement regarding what is actually being emitted and what effect it may have on the area residents. It is designed to detect the substances which contribute to the odor problems.
Councilmember Kennedy asked how long it would be before Council receives the results. Mr. Kelly indicated it should be almost immediately. The State Division of Air Quality Control should be giving the City reports weekly to every ten days, according to Mr. Kelly.
RECOGNIZE MR. DAVID H. MORRIS
BATTALION CHIEF – SALISBURY FIRE DEPARTMENT
Fire Chief Sam Brady introduced Mr. David H. Morris, the newest member of the Salisbury Fire Department’s management staff. Chief Brady said Mr. Morris came to work for the Salisbury Fire Department in 1992, was promoted to Specialist II in 1993, and was also named Young Firefighter of the Year. He has now been promoted to Battalion Chief of the Salisbury Fire Department and is Fire Chief of the Town of Granite Quarry as well.
On behalf of the Council, Mayor Kluttz congratulated Battalion Chief Morris on his promotion.
BUDGET AMENDMENT – TRANSIT DIVISION
Mr. Steve Martin, Transit Manager, informed Council that the Salisbury Transit System receives funding from the state called State Maintenance Assistance Program Funding. This fiscal year $99,410.00 was received which was more than anticipated according to Mr. Martin. He explained these funds are set by the General Assembly. Because there is a big push for mass transit, the General Assembly is trying to enhance rail and mass transit services.
Thereupon, Mr. Woodson made a motion that we approve the $99,410.00 funding for 2000-0l budget:
"AN ORDINANCE AMENDING THE 2000-2001 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA, TO APPROPRIATE TRANSIT FUNDS."
Mr. Burgin seconded the motion for the adoption of the foregoing ordinance, and Messrs. Burgin, Kennedy, Woodson and Ms. Kluttz voted AYE.
(The above ordinance is recorded in full in Ordinance Book No. 17, under Chapter II – Administrative, at Page Nos. 62-63, and is known as Ordinance No. 2001-29.)
DOWNTOWN DESIGN GUIDELINES
Mr. Steve Fisher and Mr. Ed Norvell, board members of Downtown Salisbury, Inc., (DSI) passed out to Council a draft copy of the Downtown Design Guidelines. Mr. Fisher said they would like to talk with Council about the idea of a local Historic District. Mr. Fisher pointed out how lucky we have been over the last 20 years to have the development we have in our downtown and how beautiful it has become. But, as Mr. Fisher related to Council, it can still be feasible to come in and level an entire city block and put something back that is not in keeping with the historic nature of our downtown. The DSI board realized this real threat and set as one of its goals the creation of a local historic district. This will allow the protection of structures and the feel that is Salisbury, Mr. Fisher shared with Council. He cited City Council’s involvement in providing a moratorium on demolition which gave DSI time to create the Downtown Design Guidelines. A lot of time has been spent formulating these guidelines, he noted. There was a groundswell of support from the downtown property owners, Mr. Fisher noted. From the very beginning, what was needed to protect the buildings was examined along with what flexibility would be needed to continue running the businesses, do what needed to be done with the properties and, at the same time, preserve the properties for the future. The goal of the DSI Board is to preserve the character of downtown while allowing downtown property owners as much flexibility as possible and still provide them the assurance that their neighbors are going to continue to keep that character alive. These guidelines in no way force anyone to improve their property, Mr. Fisher said. He then listed as follows a number of items they do NOT do:
(they will be suggesting an approved list of colors they feel will be a broad array)
these tough economic times
Mr. Fisher said these guidelines are so flexible that things that need to be done everyday to protect property are covered in the minor works clauses.
Mr. Ed Norvell pointed out the boundaries of the downtown historic district. He has had 25 years experience with historic districts in Salisbury, and has lived in the historic district for almost 20 years. He indicated having seen major construction projects like the library; residential, commercial, and institutional projects; major additions onto buildings like the old Academy Restaurant; condominiums built in the neighborhoods; demolition; and houses which have stood without work done on them for many years. In talking with people in the downtown, half of them thought the downtown was already a local historic district, Mr. Norvell stated. The following would be included in the downtown design guidelines:
Mr. Norvell said City staff researched other towns and created a booklet which is a helpful guide to what’s good and what’s bad. He pointed out the protection of rules is needed.
Mr. Fisher told Council that this is a guideline that was mandated and generated by the property owners. These guidelines have been explained to over 50 property owners in the downtown area and 95% plus have been supportive of it, according to Mr. Fisher.
Mr. Fisher told Council that Mr. Randy Hemann, Executive Director of Downtown Salisbury, Inc. and Mr. Aaron Arnett, Senior Planner for the City of Salisbury, were instrumental in drafting these guidelines. Mr. Fisher asked Council to review the draft Downtown Design Guidelines and also asked that this be sent on to Planning Board and Historic Preservation Commission to start the review process for implementation.
Mayor Kluttz thanked Mr. Fisher, Mr. Norvell and Downtown Salisbury, Inc., for what they have done for downtown. She then noted that we have a beautiful downtown that is occupied, facades removed, and we know what historic preservation has done for our city. We are considered leaders in the state with historic preservation, she said. Mayor Kluttz recommended to Council that this draft of Downtown Design Guidelines be sent to the Historic Preservation Commission and to the Planning Board and ask them if they can get it back to Council within 90 days, if possible.
Thereupon, Mr. Kennedy made a motion to move the Mayor’s recommendation above. Mr. Burgin seconded the motion, and Messrs. Burgin, Kennedy, Woodson, and Ms. Kluttz voted AYE.
Councilmember Burgin commented that he also serves on the Downtown Salisbury, Inc. board and they have worked very hard. He indicated he was shocked that we didn’t already have a set of rules to protect our downtown. Mr. Burgin went on to point out we are indeed the pattern that other cities look at for how they develop their downtown. He noted this document is overdue and he is excited about the possibilities. Mayor Kluttz thanked everyone who has worked on these proposed guidelines.
TRAFFIC SIGNAL – INTERSECTION OF CHURCH AND LIBERTY STREETS
Ms. Wendy Brindle, Traffic Engineer, informed Council that in March, 2001, a vehicle accident damaged a traffic signal support pole at the intersection of Liberty and Church Streets. When discussing the repair of this signal, staff decided to look at it and evaluate the need of the signal. After collecting traffic volume data, it was found the traffic volumes at the intersection do not meet any of the minimum volume warrants established in the manual on Uniform Traffic Control Conditions. Staff placed the signal in flash operation, requiring traffic on Church Street to stop for the past month. Ms. Brindle said staff has received no complaints and there has even been some improvement in traffic flow. Staff is recommending removal of the signal.
Ms. Brindle said staff will place a 36" high visibility stop sign on Church Street and the signal will remain in flash for two more weeks. A sign will be placed at the intersection to notify the public that the signal is scheduled for removal. Bags will be placed over the signal heads and remain this way for approximately 60 days. The signal will then be removed from the intersection.
Ms. Brindle said if Council agrees with this, action would be to adopt two ordinances. One would modify the code for stop signs and the other for traffic signals.
Councilmember Kennedy asked Ms. Brindle if she had had any questions or comments from the church on the corner. Ms. Brindle said she has received no comments from anyone.
Thereupon, Mr. Burgin made a motion that we accept the recommendation of staff for the lights and modify the ordinance Section 13-332 Article X, Chapter 13 and Section 13-326, Article X, Chapter 13, to accommodate this recommendation. Mr. Kennedy seconded the motion, and Messrs. Burgin, Kennedy, Woodson and Ms. Kluttz voted AYE.
(a) "AN ORDINANCE AMENDING SECTION 13-332, ARTICLE X, CHAPTER 13, OF THE CODE OF THE CITY OF SALISBURY, RELATING TO STOP SIGNS."
(The above ordinance is recorded in full in Ordinance Book No. 17, under Chapter X – Traffic, at Page No. 19, and is know as Ordinance No. 2001-30.)
(The above ordinance is recorded in full in Ordinance Book No. 17, under Chapter X – Traffic, at Page No. 20, and is known as Ordinance No. 2001-31.)
ELLIS STREET BRIDGE
Mr. Dan Mikkelson, City Engineer, talked to City Council about the Ellis Street Bridge presently known as the Shober Bridge. Mr. Mikkelson told Council the preliminary design is now complete and looks virtually identical to the last drawings. This is a plan to replace the bridge in place at a 20 mph design speed so it will not change traffic flow through that neighborhood, he stated. It makes minor adjustments from the existing alignment to attempt taking out some of the bends in the road as one approaches the bridge. Upon approval of this plan, Mr. Mikkelson will send back any comments to the consultant.
Mr. Mikkelson told Council that the next step will be to begin coordination with the Historic Preservation Commission to obtain a Certificate of Appropriateness. That process will include the selection of material for construction and some of the details about what the bridge will look like. Mr. Mikkelson said he wanted Council to be aware that the design is continuing.
Construction is scheduled to begin in the next fiscal year, according to Mr. Mikkelson. Mr. Woodson asked if the state has the money for this project to which Mr. Mikkelson said, "yes."Their funding for projects of this nature don’t seem to have been impacted by the budget situation. A lot of this is federal money, not state money. Mr. Mikkelson indicated this project is 80% federal and 20% local funds, and that no Council action is needed at this time.
SUNSET DRIVE RIGHT-OF-WAY CLOSING
Mr. Glenn Ketner, Jr., of Ketner & Associates, Attorneys, 121 East Kerr Street, told Council his client, Mr. Clyde Harriss, Jr. owns the adjacent property. This is an opportunity to get the property back on the tax books and add it to a larger piece of property that is adjacent to Mr. Harriss., Mr. Ketner noted. He said the statues have been complied with and then he urged Council to adopt the order so the matter may go forward.
No one else was present to speak for or against the above proposal. Therefore, Mayor Kluttz closed the public hearing.
"RESOLUTION PERTAINING TO THE ACCEPTANCE OF AN OFFER OF DEDICATION FOR PUBLIC USE OF AN ABANDONED PORTION OF SUNSET DRIVE."
Mr. Burgin seconded the motion for the adoption of the foregoing resolution, and Messrs. Burgin, Kennedy, Woodson and Ms. Kluttz voted AYE.
(The above resolution is recorded in full in Resolution Book No. 10, under Chapter XII – Miscellaneous, at Page No. 105, and is known as Resolution No. 2001-11.)
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NORTH CAROLINA |
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BEFORE THE CITY COUNCIL OF |
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ROWAN COUNTY |
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THE CITY OF SALISBURY |
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NORTH CAROLINA | |
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IN THE MATTER OF: |
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ORDER CLOSING STREET | |
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CLOSING AN ABANDONED |
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PURSUANT TO GENERAL |
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PORTION OF SUNSET DRIVE |
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STATUTE OF NORTH CAROLINA |
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SECTION 160A-299 | |
THIS CAUSE, coming on to be heard and being heard before the City Council of the City of Salisbury, Rowan County, North Carolina, at the regular meeting of said Council held on May 1st at 4:00 p.m., in the City Office Building at 217 South Main Street, Salisbury, North Carolina, and it appearing to the Council that all persons, firms and corporations owning property adjoining the street described in the Petition filed in this cause are parties to this proceeding; and it further appearing that said street is not maintained by the Department of Transportation; and it further appearing that notice of this hearing was duly published in THE SALISBURY POST on April 6, 13, 20 and 27, 2001.
And it further appearing to the Council and the Council finding as a fact, that the closing of the street, as described in the Petition filed in this cause, is not contrary to the public interest or the property rights of any individual, and that no individual owning property in the vicinity of said street or in the subdivision in which they are located will be deprived of reasonable means of ingress and egress to his property by the closing of said street; and it further appearing to this Council that the relief prayed in the Petition should be granted.
IT IS NOW, THEREFORE, ORDERED AND DECREED by the City Council of the City of Salisbury, Rowan County, North Carolina, pursuant to and in accordance with the authority vested in this Council by the General Statues of North Carolina, Section 160A-299:
BEGINNING at a concrete Right of Way monument in the southwestern corner of the intersection of Sunset Drive and NC Highway 150; thence, S 2 ° 28' 02" W 80.24 feet to a new concrete monument in the right of way for Sunset Drive; thence, along a curved line with a radius of 602.96' and an arc length of 3679.25', a chord bearing S 28° 55'02" W 109.11 feet to a new iron in the eastern line of Clyde H. Harriss (Deed Book 478 at Page 461 ); thence, along the line of Clyde H. Harriss N 2 ° 38'26" E 198.23 feet to a new iron in the right of way of NC Highway 150; thence, S 64° 36'16" E 52.11 feet to the POINT OF BEGINNING, containing 0.150 acres and being TRACT 5 on the survey by Richard L. Shulenburger, RLS dated 10-16-96 and recorded in Book of Maps at Page 2945 in the Rowan County Registry.
Be and the same is hereby forever closed subject to a 20’ easement centered on an existing 2" gas main , 10’ easement centered on an existing overhead utility line, 20’ easement centered on an existing water line and a 30’ easement centered on an existing sewer line.
This the 1st day of May, 2001.
CITY COUNCIL OF THE CITY OF SALISBURY,
NORTH CAROLINA
BY: s/s Susan W. Kluttz
Mayor
s/s Swannetta B. Fink
City Clerk
WAL-MART SUPER CENTER – ARLINGTON STREET
(a) Mr. Hubert Furr, Development Services Manager, pointed out the area of the proposed Wal-Mart Super Center on Arlington Street. Mr. Furr told Council there will be an extension of Arlington Street which exists at the back of K-Mart now and would run all the way through to Old Concord Road. Mr. Furr advised that normally group developments are on the Consent Agenda for approval of the site plan. This one, he notes, is different in that this project has two separate subjects and one holds the other one up. The first subject is the extension of Arlington Street. The proposal is to extend the street all the way over to Old Concord Road. This goes through floodway area and, therefore, requires a conditional letter of map revision (CLOMR). This study will take several months by the FEMA Corp of Engineers. Staff does not want to present this to Council for approval until after the street is approved and it’s ok to put the street in, Mr. Furr explained. The Wal-Mart folks are very interested in getting this moving, and therefore, staff wanted to present it to Council for information, according to Mr. Furr. Wal-Mart does propose to restore the natural stream quality of the concrete channel through the City Park, he said. NCDOT has agreed to provide up to $1.2 million toward the construction of this street, Mr. Furr informed Council.
He then reviewed with Council the following 8 comments to clarify the approval procedure:
before this proposal can be approved by the City Council. The flood study
indicates that the proposed development will create an increase in the base
flood elevation (B. F. E.). The local flood protection ordinance does not
authorize the City to allow an increase in the B. F. E. until the development
is shown to meet the requirements of FEMA. FEMA requires issuance of
a conditional letter of map revision (CLOMR) prior to land disturbing activity
in the floodway. (Note: Mr. Furr clarified the building is not in the floodway
but the street is.)
We need documentation from the state showing the approval before City
Council can approve the site plan. This documentation has not been provided.
construction (i.e. bond or letter of credit) shall be posted so the final subdivision
plat, including dedication of public rights-of-way, may be approved and recorded.
After recordation of the final plat, the City and County may issue a permit for construction of the building shell only (no substantial combustible materials).
The fire protection water line shall be complete and approved by the state and
the roadbed shall be graded, compacted and have a stone base surface before a
permit for interior upfit shall be issued.
driveway for a business on the same street can be approved only by City
Council. Given the length of street frontage and the spacing of the driveways,
staff supports the proposed driveway variance for the third driveway.
because the design does not meet our standards for a public street. This
roadway, as designed, shall not be converted to a public street at a later date.
manual, public streets shall not be constructed on embankments that serve as
dams for ponds or lakes (as will be the situation with Arlington Street and the
proposed storm water management pond). Because there is no practical way
to relocate the street or pond, the developer shall enter into a maintenance
agreement with the City concerning the embankment and spillway structure.
Because street construction will be guaranteed as discussed in Number 3 above,
execution of the maintenance agreement shall be considered a condition
necessary to release the construction guarantee.
with the elevation drawings submitted to the City Of Salisbury and dated 01/23/01.
The following descriptive notes are shown on the plan: split face CMU painted
"Shaker Red"; Quik-Brik "Promenade Blend"; smooth face CMU painted "Flannel Grey"; EIFS painted "Flannel Grey"; cornice painted "Flannel Grey; smooth face
CMU painted "Formal Garden" (area around wall sign); metal roof "Forest Green"
by Berridge; and lexan canopy Opal.
An application was submitted on February 21, 2001.
Mr. Furr told Council that the above 8 conditions would prohibit City Council from approval today.
Mr. Furr presented three recommendations from the staff Technical Review Committee:
locations within the parking lot to facilitate pedestrian access to the building.
Enhanced landscaping and plantings should be incorporated to make the walkways attractive.
be allowed within the parking area. Any outside displays shall be within the designated storage areas as shown on the elevation drawings, and not be allowed in the required parking spaces.
to soften the impact of a large building.
Mr. Furr noted that the Planning Board recommendations are different from the staff recommendations. He advised Council that the Planning Board is recommending dropping the sidewalk requirement. Planning Board does agree with the outside storage and decorative shrubbery. They also added a third item as follows:
- the sixty (60) proposed ornamental trees shown on the site plan adjacent
to I-85 should be replaced with forty-one (41) shade trees.
Mr. Furr informed Council that the developer has agreed to all of these except the sidewalks as per the staff recommendation and the outside storage as per the staff and Planning Board recommendation. Staff does not recommend approval today but would like to have a committee from Council to work with staff and Wal-Mart so this process can move on while the other approvals are being handled with FEMA, he said.
Mayor Pro Tem Woodson questioned the outside storage. Mr. Furr explained that Wal-Mart periodically puts up a large tent, blocks off parking, and puts goods there for sale. In that area, they have excess parking and it is not a violation. This proposal barely meets our parking requirements, Mr. Furr noted. In order for them to have part of their parking taken up by outside storage would be cutting back on our parking requirements, Mr. Furr stated. Our ordinance also prohibits outside storage in all commercial. This is zoned M-1 and that is why staff has added this condition. Normally, outside storage is allowed, but the Technical Review Committee and Planning Board feel it is not good to have the outside storage, according to Mr. Furr.
(b) Mayor Kluttz announced that comments would be received from the developer/property owner.
Mr. Charles Garcia, of the engineering firm of Freeland and Kauffman, Inc., Greenville, S.C., stated they would like Council to vote on this tonight. He said they disagree with staff in that the project cannot go forward without those first 8 items listed whether it’s approved today or not by Council. Mr. Garcia said they are possibly looking for a contingent approval from City Council and have worked very hard with staff to get to this point. He indicated the Planning Board had given it unanimous approval. Mr. Garcia said he arrived early today and watched everybody come in and not one person used the sidewalk along the parking lot outside. He said the point he wanted to make is that they do not believe the sidewalk will be used. He noted this could be a liability issue, a tripping hazard for people. To get a shopping cart up a 6-inch curb, through landscaping and then try to get it off the curb and between two cars to unload it, it’s not possible and no one will be willing to bring it back. He noted there would be carts and trash which will become an eyesore. This is not a standard anywhere to my knowledge, he said. He has never put these sidewalks in and it has not been an ordinance he has dealt with, according to Mr. Garcia. The main issue is liability and the feasibility of it, he explained. He went on to say it would not be used.
Mr. Garcia then tallked about the outdoor storage. He indicated they would request that any parking they have above a 5-0 ratio would be able to be utilized for outdoor sales. He told Council they would be willing to screen the area. This is not a restriction for the code. They don’t want to be held to a higher standard than anyone else, Mr. Garcia noted. They would like Council to give a contingent approval tonight, he said.
Councilmember Kennedy asked Mr. Garcia if he was in agreement with shrubbery in front of the building to which Mr. Garcia agreed that he is.
Mayor Pro Tem Woodson stated he understood the Planning Board voted for no sidewalks. Mr. Furr replied that the recommendation for Planning Board was to leave out the sidewalks. Then, Mr. Woodson asked if the problem now is outside storage to which Mr. Furr said "yes."
Councilmember Burgin said he would speak in favor of the sidewalk issue. He gave as one of his reasons consideration of families with small children. Mr. Burgin indicated there is no proof sidewalks in these parking lots would not work, but it is just not being done. He went on to point out there is a way to do the sidewalks and make is successful. Mr. Burgin expressed a need to look further at keeping the sidewalks as part of this project if it is a goal to make Salisbury more pedestrian oriented. He then mentioned Items 4,5,6 as concessions the city is giving Wal-Mart in order to encourage the development to meet their needs.
Mayor Kluttz said she agreed this needs more study and suggested setting up a Council committee.
Mr. Garcia stated the $1.2 million from NCDOT sounds great but said it’s two years and more studies and more red tape and the $1.2 million is the maximum they would receive. He shared that Wal-Mart’s schedule is to be under construction and be open next spring or summer. He told Council they are building this road for the city all the way through to Old Concord Road. Mr. Garcia indicated Wal-Mart is providing a brick building at more than one-half millions dollars in cost to them.
Councilmember Kennedy pointed out what has been asked of the City is going to be dependent on state approval and indicated he was not sure what else a Council committee could study.
Councilmember Burgin noted the only question would be for Council to resolve the 4 items at the end of the list. He noted he doesn’t have a problem with the first 8 items, subject to the resolution of the 4 items. Mr. Burgin expressed a need for those items to be resolved since our ordinance allows for adding or subtracting requirements in unusual circumstances. He categorized this as an unusual circumstance in terms of size.
Mayor Kluttz stated that her understanding is that Wal-Mart wants to get this resolved. She pointed out that Wal-Mart doesn’t want to take 6 months doing all these studies if the City doesn’t have this resolved yet.
Mr. Garcia stated they were in the process right now of getting the other approvals. He explained that Wal-Mart needs to get approval from the City in order to move forward with matters such as purchasing of the property, subdivision, and a letter of credit for Arlington Street.
Mayor Kluttz said a committee could be working with Wal-Mart to negotiate these issues before they move further. She expressed concern with Wal-Mart taking more steps in their processs if Council won’t be able to agree to it.
Councilman Kennedy offered that crosswalks might be an answer instead of sidewalks.
Mr. Glennn Ketner, Jr., Ketner & Associates, 121 E. Kerr Street told Council he has worked with the Krider family for a number of years on this (proposed Wal-Mart property). He noted being at a point now where there are some very clear benefits about to take place with this project. Mr. Ketner noted there would be a substantial increase in the tax base, jobs, road development, right-of-way and greenway adjacent to the City’s property at Towne Creek, which would benefit the City of Salisbury. Mr. Ketner told Council there is a need to have some Council approval now as to the group development subject to items 1-8. He pointed out the contractor needs to be able to go forward and there are contracts with deadlines. The only items of question are sidewalks and outside storage, according to Mr. Ketner.
Mr. Hubert Furr told Council that the parking shown on the site plan now just barely meets the requirement. In order to have the outside storage, Wal-Mart will need to come up with more parking, and they would have to re-submit a revised site plan to do that. Mr. Furr indicated there is no hurry for action at this meeting. Mayor Kluttz noted two weeks away didn’t seem to be too long to make sure a right decision is made.
Mr. Curry Krider, property owner, told Council he would not be in town in two weeks because he would be in Europe. He told Council he has been to numerous conventions concerning shopping centers and no one puts in sidewalks because they are not practical and would only be a collection of shopping carts. Concerning the outside sales, Wal-Mart is working on adding additional parking spaces, Mr. Krider stated.
Thereupon, Mr. Burgin made a motion that Council approve the submitted site development plan subject to the resolution of two items (sidewalks and outside storage). Mr. Kennedy seconded the motion, and Messrs. Burgin, Kennedy, Woodson and Ms. Kluttz voted AYE. (4-0) Mr. Kennedy volunteered to serve on the Council Committee and report back in two weeks. Councilmember Maddox was also appointed to serve on the committee.
ZONING MAP AMENDMENT
Z-5-01 – Bruce Taylor
2515 Statesville Boulevard
The request is to rezone approximately 38,115 square feet of property, located at 2515 Statesville Boulevard (the parcel next to Taylor Auto Center), from B-CS Convenience Service Business to B-RT Business Retail Trade.
Those speaking in favor the above proposal were:
Mr. Bruce Taylor, 378 Lakefield Road, Mocksville, told Council he has been at this location for 10 years. He went on to tell Council he would like to relocate next door on property which he has owned for six years, so he can continue a family business there.
No one else was present to speak for or against the above proposal. Therefore, Mayor Kluttz closed the public hearing.
"AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SALISBURY, NORTH CAROLINA, BY REZONING APPROXIMATELY 38,115 SQUARE FEET WITH ABOUT 197 FEET ON THE SOUTH SIDE OF STATESVILLE BOULEVARD (US 70), IDENTIFIED AS PARCEL 74 ON FRANKLIN TOWNSHIP TAX MAP 330, FROM B-CS CONVENIENCE SERVICE BUSINESS DISTRICT TO B-RT RETAIL TRADE BUSINESS DISTRICT."
Mr. Burgin seconded the motion for the adoption of the foregoing ordinance, and Messrs. Burgin, Kennedy, Woodson and Ms. Kluttz voted AYE. (4-0)
(The above ordinance is recorded in full in Ordinance Book No. 17, under Chapter XI – Zoning & Planning, at Page No. 83, and is know as Ordinance No. 2001-32.)
ZONING MAP AMENDMENT
Z-7-01 – Burgess & Associates
Sunset Drive near South Main Street
The request is to rezone approximately 7.5 acres of property (two parcels), bounded on two sides by Sunset Drive and Jake Alexander Boulevard and located approximately 375 feet north of the intersection of Sunset Drive and U.S. 29 (South Main Street), from LLI-2 Limited Light Industrial-2 District to RD-A Residential Development-A with HD High Density multi-family residential overlay.
Councilmember Burgin asked if we could go ahead and hear comments from the audience on this zoning case and still go through with the second public hearing. Mayor Kluttz said she agreed. She noted we will have on record what is said today and include this in two weeks.
Those speaking in favor of the above proposal were:
Mr. Mark McCormick, the developer from Mount Pleasant, N.C., told Council he was proposing to put an apartment complex with approximately 15 units per acre on the proposed 7 acres.
Mr. Butch Kennedy, 910 Stokes Street, China Grove, N.C., told Council that a lot of work has gone into this and that they already have a site plan. He indicated for this to come up is unacceptable to him. Notices were sent out and Mr. Kennedy noted he feels David Drye Company is opposing another apartment complex going in here. Salisbury does not have an abundance of apartment complexes and this will be a good thing for Salisbury. He said they have a site plan and are ready to move on.
No one else was present to speak for or against the above proposal. Therefore, Mayor Kluttz closed the pubic hearing.
(c) Mayor Kluttz apologized for the problem but explained according to legal advice, Council cannot legally move on this today. She pointed out there was no guarantee of the approval today.
Councilmember Burgin stated that the worst thing that could happen would be to proceed and then be challenged which would be worse for those waiting. Mayor Kluttz said the zoning case will go to the Planning Board for clarification and back to Council on May 15 for continuation. Mr. Poole stated the error was discovered by staff and not David Drye.
PILLOWTEX EMPLOYEE’S REQUEST
Mayor Kluttz stated that Pillowtex employee’s had asked City Council to pass a resolution in support of their plight. Mayor Kluttz then read the proposed Resolution of Support.
Thereupon, Mr. Burgin made a motion to adopt the resolution presented:
"RESOLUTION OF SUPPORT"
Mr. Kennedy seconded the motion for the adoption of the foregoing resolution, and Messrs. Burgin, Kennedy, Woodson and Ms. Kluttz voted AYE. (4-0)
(The above resolution is recorded in full in Resolution Book No. 10, under Chapter XII – Miscellaneous, at Page No. 106, and is known as Resolution No. 2001-12.)
Mayor Pro Tem Woodson stated being in the textile business for 17 years, there is no question that the textile business in the last 100 years has really developed the south. Mayor Pro Tem Woodson went on to say we certainly support Pillowtex and hope that some way that operation, which is very important for the county, could survive.
Mayor Kluttz said she has also been asked to announce to the Council that a rally will be held this Saturday, May 5. Mayor Kluttz wished the Pillowtex employees the best of luck.
REPORT FROM CITY MANAGER
The Council received the Planning Board recommendations as information only.
City Manager David Treme informed Council that staff is continuing to work with CP&L and all interested parties on this particular project. Staff is meeting with representatives of CP&L this Thursday to look at a proposed contract. CP&L has agreed to extend up to $1.3 million to the City so the process can begin. They propose to have the gas turbines on line by May, 2003. Mr. Treme said the City will need to know around Janury 15, 2002, whether they plan to go forward. Perhaps there will be a proposed contract to bring to the next Council meeting, Mr. Treme noted.
City Manager David Treme informed Council that staff is working very closely with the Town of China Grove, the Town of Landis, and County Commissioners to facilitate the extension of a water line to the South Rowan area. This would alleviate the drought conditions for both South Rowan, China Grove and Landis. Consideration is also being given for the City of Kannapolis. A completion date is proposed for May, 2002.
MAYOR ANNOUNCEMENTS
Mayor Kluttz announced a Special Meeting of Salisbury City Council for Monday, May 14, 2001 at 4:30 p.m. for the signing of a joint Resolution between the City of Salisbury, England and the City of Salisbury, North Carolina.
Mayor Kluttz announced that an invitation had been received today for the Respect for Law Breakfast, sponsored by the Rowan Optimist Club, next Tuesday, May 8, at 7:15 a.m. at the Holiday Inn. This will honor all law enforcement officials in Rowan County including the Salisbury Police Department.
Mayor Kluttz reminded Council of the Intimadators Salisbury Night, scheduled for Thursday, May 24.
Mayor Kluttz stated that she has received an overwhelming amount of correspondence concerning the Highway 70 widening and the proposed median. She has been in touch with DOT concerning this and has asked them to come to the May 15 Council meeting to discuss this.
Mayor Kluttz reminded Council of the Chamber of Commerce reception tonight at the new Gateway building.
Mayor Kluttz stated Rowan-Cabarrus Community College is offering a tour of their facilities to the Council.
Upon motion of Mr. Woodson, seconded by Mr. Burgin, and with all members present voting AYE, the meeting was adjourned at 5:45 p.m.
Mayor
City Clerk
SPECIAL COUNCIL MEETING ON MAY 4, 2001
Salisbury, North Carolina
May 4, 2001
The City Council of the City of Salisbury met in special session in the Council Room of the Municipal Building on Friday, May 4, 2001, at 2:00 p.m., with the following members being present and absent:
PRESENT: Burgin, Kennedy, Kluttz, Maddox, Woodson
ABSENT: None
The meeting was called to order by Mayor Kluttz, and the invocation was given by Councilmember Burgin.
Staff members present were:
David W. Treme - City Manager
Swannetta B. Fink - City Clerk
Rivers Lawther - City Attorney
Foster Owen - Assistant City Manager
VOLUNTARY SATELLITE ANNEXATION
City Manager David Treme recommended to Council a Resolution endorsing satellite annexation above the 10% requirement that is now in the State Statutes. This resolution allows that the 10% requirement not apply to the City of Salisbury. With this exemption, the City could annex the Community Park & Athletic Complex and several other commercial, residential and industrial developments which have contractually agreed to come into the City of Salisbury, Mr. Treme informed Council. He noted this is voluntary annexation.
Thereupon, Mr. Burgin made a motion to adopt the Resolution concerning satellite annexation.
"RESOLUTION ENDORSING A BILL ENTITLED AN ACT CONCERNING SATELLITE ANNEXATION BY THE CITY OF SALISBURY."
Mr. Maddox seconded the motion for the adoption of the foregoing resolution, and Messrs. Burgin, Kennedy, Maddox, Woodson and Ms. Kluttz voted AYE. (5-0)
(The above resolution is recorded in full in Resolution Book No. 10, under Chapter XII – Miscellaneous, at Page No. 107, and is known as Resolution No. 2001-13.)
HIGHWAY 70 WIDENING
Mayor Pro Tem Woodson said he has had a number of people contact him about the Highway 70 widening project. Citizens have asked him if they could speak at the May 15 Council meeting.
Upon motion of Mr. Burgin, seconded by Mr. Kennedy, and with all members present voting AYE, the meeting was adjourned at 2:10 p.m.
Mayor
City Clerk