Town of Dallas Agenda March 10, 2020 6:00 PM BOARD OF ALDERMEN Rick Coleman, Mayor Jerry Cearley, Mayor Pro-Tem Allen Huggins Stacey Thomas ITEM SUBJECT Darlene Morrow E.Hoyle Withers Page 1. Invocation and Pledge of Allegiance to the Flag 2. Approval of Agenda with Additions Or Deletions 3. Approval of Minutes A. February 11th Regular Meeting and February 25th Work Session 4. Recognition of Citizens: Time set by Mayor A. Carr Elementary School Students of the Month 2 B. Jim Bailey = Alcohol Sales on Sunday (Background Material Included) Trinity Barnes (641 Summey Farm Dr.)-G Goats in Town as Support Animals 5. Consent Agenda (tol be acted on collectively, unless removed for further discussion) 7 8 (Background Material Included) A. Sponsorship for "Casting. for a Cause" A. Text Amendments- Permitted Uses Chart 9 12 6. Public Hearings 7. Old Business 8. New Business A. Proclamation fori the Withers Family C. - Planning Board Member Appointments D. Part-Time Code Enforcement Position F. Annexation Agreement with Gastonia G. Update on Sewer Interconnect 18 20 27 34 42 51 64 B. Special Events Request - Gaston County Museum Easter Egg Hunt . - Determination of Sufficiency- McCall. Annexation Petition 9. Manager's Report: 10. Closed Session: TOWN OF DALLAS FEBRUARY: 11, 2020 6:00 PM MINUTES FOR BOARD OF ALDERMEN MEETING The following elected officials were present: Mayor Coleman, Alderwoman Thomas, Alderman Huggins, Alderman Withers, Alderwoman Morrow, and Alderman Cearley. The following staff members were present: Maria Stroupe, Town Manager; Da'Sha Leach, Town Clerk; Tom Hunn, Town Attorney; Chris Burgess, Police Sgt. Detective; Jonathan Newton, Finance Director; Tiffany Faro, Development Services Director; Allen Scott, Police Chief; Doug Huffman, Electric Director; Garrett Lowery, Recreation Director; Bill Trudnak, Public Works Director and Dustin Haney, Assistant Fire Chief, Earl Withers III, Fire Chief was absent. Mayor Coleman called the meeting to order at 6:00 pm. He opened with the Invocation and the Pledge of Allegiance tot the Flag followed. He welcomed everyone to the meeting and read the meeting rules fori the audience. He asked ift there were any additions or deletions to amend the agenda. Alderwoman Thomas made a motion to approve the agenda as presented, Alderman Huggins made a motion to approve the minutes from January 14", 2020 Regular Meeting and. January 28+,2020 seconded by Alderwoman Morrow, and carried unanimously. Work Session Meeting, seconded by Alderwoman Thomas, and carried unanimously. Recognition of Citizens: Kindergarten - Andrew, Alexander Third Grade - Preston McConnell Carr School's. Student of the Month (December) per Grade presented by the principal Dr. Duncan: First Grade - Kaylen Flores Fourth Grade - Hayden Hendrix Second Grade -I Myla Reveus Fifth Grade- -N Madelyn Carpenter All of the students were presented with a certificate. Everyone applauded to congratulate them ont the accomplishment. Coleman Montgomery, Dallas., He gave the Board information including costs regarding the Town adding cameras on Trade Street to utilize for event viewing and more. He stated that a local business owner Mr. Beaty agreed to allow the camera to bei installed on his building on Trade St. (Exhibit A) Curtis Wilson, 438 S. Gaston St., He prayed over the Community. Item 5A Resolution Designating ABC Officer (Exhibit B) Item 5B Resolution tol DEQ (Exhibit C) Item 5C Proclamation of Black History Month (Exhibit D) Consent Agenda: Alderwoman Morrow made a motion to approve, seconded by Alderwoman Thomas, and carried unanimously. Public Hearings: NONE Old Business: NONE 2 New Business: Item 8A was a Proclamation for Mr. Browdes Bratton. Mr. Bratton is al long-time resident of Dallas and he will celebrate his 90th birthday on February12th. Alderwoman Thomas read and presented the proclamation to thei family members in attendance to recognize this milestone. (Exhibit E) Item 8B was the Audit Contract Approval for FY2019-2020 Fiscal Year. Lowdermilk Church & Co. conducted the past six years' audits and have completed the workp professionallyand in at timely manner. Staff gave recommendation to the Board to contract with Lowdermilk Church & Co. for the FY2019-20 annual audit. The contractoutined that they will conduct the audit. Alderwoman Thomas made a motion to approve the proposed audit contract for FY2019-2020 as presented, seconded Item 8C was an Offer to Purchase Town-Owned Property. Kent Olson of Development Solutions Group, LLCI has submitted an offer to purchase Town-owned land off of Briarwood Drive to include PIDs 133142; 172182; 172479; 172480; 172481; 172482; 172483; 172484; 172485; 172486;172487; 172488; 172489 & 172490. The land consists of 12.1 acres, and has a combined tax value of $63,500. The submitted offer is for $30,000 plus improvements- contingent on conditional zoning approval of overall development plans (single family attached housing) and a favorable report from Gaston County Watershed & Floodplain Department. The improvements included int the offer are the construction ofac creek crossing as required to make Briarwood Drive connection, the construction a walking trail connection to. Jaggers Park, and the utilization off fiber cement siding with brick &/ors stone accents on the front elevations of all proposed dwelling units at the purchaser's expense(Approx. Construction Cost= = $325,000+). Development Services communicated with the Public' Works, Electric, Police, and Fire Departments, who are alli in support ofa a connection at Briarwood Drive to better support additional development int this area. This road connection would not only provide better north-south access for emergency services and other motorists, but it would also allow for our electric department to establish an alternate ori two-way feed to restore power more quickly, and possibly re-route power if ani incident occurred along Gaston St/ Old Dallas Hwy. The installation of the trail in the location is also supported by Staff and consistent with recommendations to be included in the Town's Bike Ped Plan (currently in progress). A resolution was reviewed. Alderwoman Morrow made a motion to approve the resolution to accept the offert to purchase and enter into an upset bid process, seconded by Alderman Withers, and carried unanimously. Item 8D was a Special Events Request for Running with the Good News 5k by Promised Land Baptist Church by Pastor Blankenship. The. 5ki is an annual 5k Run to raise funds fori the church'smissions. The event will be on Saturday, September 26, 2020 starting at 8:00 am. The estimated attendance is 200 people. Pastor Blankenship made a donation on behalf of the church to the Town in previous years after the event to cover Town expenses incurred fori the in-kind services provided to assist with the run. Alderwoman Thomas made a motion to approve, seconded by Alderwoman Cearley, and carried by Alderman Cearley, and carried unanimously. (Exhibit F) (Exhibit G) unanimously. (Exhibit H) Item 8E was an Annexation Request-3565 Dallas High Shoals Hwy. Colleen T. McCall, owner PID#170097 (3565 Dallas High Shoals Hwy), petitioned for annexation into the Town of Dallas in order to sell it fori inclusion as part of a single family residential subdivision. The parcel of 3.82 acres is considered contiguous and is currently located outside of Town of Dallas zoning, adjacent to both R-5 & R-10: single family residential. The 2003 Future Land Use Plan highlights this specific parcel for Neighborhood and Community Business, but adjacent parcels are marked for new residential development. In order to move forward with the request, the Board must direct Staff toi invetigate the sufficiency of the petition. to determine ifi it meets the standards ofG.S. $160A-58.1. Alderman Withers made a motion to direct staff to investigate the sufficiency ofthe application, seconded by Alderman Cearley, and carried unanimously. (Exhibit I) 3 Item 8F was an Annexation Request-1150 Meadow Way. Rosemary Routszong, on behalf of owner Marilyn S. Finger Irrevocable Trust, is petitioning for annexation of PID#202016, 170287, and 169122 (1150 Meadow' Way), into the Town of Dallas in order to sell iti fori inclusion as part ofas single family residential subdivision. The 58.29 acre parcels are considered contiguous and are currently located outside of Town of Dallas zoning, adjacent to both R-5 & R-10 single family residential. The 2003 Future Land Use Plan highlights these specific parcels for new residential development. In order to move forward with the request, the Board must direct Staff to investigate the sufficiency oft the petition to determine ifitr meets the standards of G.S. $160A-58.1. Alderman Withers made a motion to direct stafft to investigate the sufficiency of the application, seconded by Alderman Cearley, and carried unanimousy. (ExhibitJ) Item 8G was an Emergency! Sewer Interconnect update. Staff gave an update on the status oft the Emergency Sewer Interconnect project with City of Gastonia. Staff discussed the upcoming meetings and the bid package processing. Staff will give the Board monthly updates on the project progress. Manager's Report and General Notices: Spencer Mountain. Address Update-Will review taxi information sent before contacting the Post Office regarding the Dallas address concerns. -Dallas Entrance Signs-Raleigh has approved the sign and the paperwork should arrive soon. -Mr. Kendrick called and wanted to thank the Electrical Department. Alderman Cearley made a motion to adjourn, seconded by Alderwoman Morrow, and carried unanimously. (6:51) Rick Coleman, Mayor Da'Sha Leach, Town Clerk 4 TOWN OF DALLAS FEBRUARY25, 2020 5:00PM MINUTES FOR BOARD OF ALDERMEN MEETING The following elected officials were present: Mayor Coleman, Alderwoman Thomas, Alderman Huggins, Alderman Withers, Alderwoman Morrow, and Alderman Cearley. The following staffr members were present: Maria Stroupe, Town Manager; Da'Sha Leach, Town Clerk; Tom Hunn, Town Attorney; Chris Burgess, Police Sgt. Detective; Jonathan Newton, Finance Director; Tiffany Faro, Development Services Director;; Doug Huffman, Electric Director; Garrett Lowery, Recreation Director; Earl Withers III, Fire Chief; Bill Trudnak, Public Works Director and Robert Walls, Police Captain. Allen Scott, Police Chief was absent. Mayor Coleman called the meeting to order at 6:00 pm. He opened with the Pledge of Allegiance to the Flag. He asked if there were any additions or deletions to amend the agenda. Alderwoman Morrow made a motion to approve the agenda with an addition E. Cameras, seconded by Alderwoman Thomas, and carried unanimously. New Business: Item 3A was a discussion on Development Agreement Amenities for 130V W. Trade St. The Town entered into ani agreement regarding 130 W. Trade St. property when: sold to supply amenities to the owner withina specific timeline before the business opened. Staff, the Town Engineer Mr. Denton, and the Board discussed the options presented as well as alternatives. After much discussion, it was agreed that Alderman Huggins will approach the property owner Ms. Stroupe next to 130W.1 Trade: St. to see if they would entertain the option of an easement to allow fora a dumpster pad & driveway for access for 130' W. Trade St. on their property. The response will be reported back to all parties. (Exhibit. A) Item 3B was a discussion for Online Permitting and Payments. Town Staff has worked with Municity on their online platform setup for tracking and issuing zoning & code enforcement documents fori the Town of Dallas. Ati this stage, a decision has to - be made on who would pay for the processing fees for the payments accepted. The Board discussed withs staff the processing costs and how the fee will be accessed. The Board consensus was to move forward with the item for the customer to pay the processing cost since they still have the option to mail inj payments to avoid costs. (Exhibit B) Item 3C was a discussion on a Code Enforcement Position. Thisi item was last discussed on October gt, 2019 Regular Board Meeting and was not approved. At the Strategic Planning Meeting, it was requested to bring back this item to the Work Sessioni for discussion. Documentation was given in Board packets to support the need for the position. Aftersome discussion, several members stated they were noti in favor oft the position. (Exhibit C) 5 Item 3D was al Request for Sponsorship for "Casing for a Cause" Fundraiser. The Gaston County Sherif's Office is hosting the 3rd Annual "Casting for a Couse"fundraiser in support ofr non-profit organizations within Gaston County. The proceeds will be distributed to organizations such as Gaston County Special Olympics, Webb Street School, The ARC, Boys and Girls Clubs, Cancer Services, etc. A request for sponsorship oft this event wasi received by al letter including sponsorship levels, as wella as other information concerning the event. Local governments are allowed to allocate funds to non-profit organizations that are spent fora a "public purpose". The "public purpose" must bei fora a purpose for which local governments have the authority by statute to spend funds. Last year, Dallas sponsored the event at Package #2 for $300. The Board gave consensus for this item to come back on the Consent Agenda for approval on the March 10th, 2020 Regular Board Meeting. (Exhibit D) Item 3E was a discussion on Cameras on Trade St. At the last Board meeting on February1 11", 2020, Mr. Montgomery presented the Board with information regarding placing cameras on Trade St. (Downtown Area) for events, traffic, and more. Staffand the Board discussed the possible location of where the camera would be placed. Staff would need to clarify the annual cost with the company. The Board consensus was to bring this item to the budget work: session since the item would need to be budgeted. $143-318.11. Closed session-To Discuss Personnel Matters-Alderwoman Thomas made a motion to enter a closed session, seconded by Alderman Withers, and carried unanimously. (5:29) No Action Taken. (6:17) Alderwoman Morrow made a motion to exit the closed session, seconded by Alderman Withers, and carried unanimously. Alderman Cearley made a motion to adjourn, seconded by Alderwoman Morrow, and carried unanimously. (6:20) Rick Coleman, Mayor Da'Sha Leach, Town Clerk 6 $160A-205.3. Hours of certain alcohol sales. In accordance with G.S. 18B-1004(C), a city may adopt an ordinance allowing for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages beginning at 10:00 A.M. on Sunday pursuant to the licensed premises' permit issued under G.S. 18B-1001. 2017-87,s.4().) G.S. 160A-205.3 7 Maria Stroupe From: Sent: To: Cc: Subject: TFaro tfaro@dalasncneb> Friday, February 28, 2020 5:44 PM Trinity Barnes' 'Robbie Walls'; 'Maria Stroupe' RE: Animal Ordinance Good Evening Trinity, lam copying in Captain Walls, as the police department is responsible for enforcement of our animal ordinances, however, I do not see any exemption currently relating to emotional support animals within the Town'sordinances. Here is how the ordinances currently read: 590.01 CERTAIN ANIMALS PROHIBITED. (A) Itshall be unlawful for any person, firm or corporation to keep within the corporate limits of the town, any livestock, animals or poultry other than house pets. This prohibition shall bei interpreted to include coWS, swine, goats, sheep, chickens and turkeys, but this list is not to be deemed all inclusive. $90.99 PENALTY. subject to S 10.99. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed. shall be $91.02 NOISES EXPRESSLY PROHIBITED. (B) Noises expressly prohibited. (2) The keeping of any animal, including but not limited to dogs, cats and/or birds, which habitually and regularly barks, howls, whines, cries, or mews in an excessive manner( ( EXCESSIVE to be defined as one or more times per minute, each minute, during any one or more continuous ten-minute period) sO as to result ini the documented annoyance to neighboring residents and which interferes with the reasonable use and enjoyment of the premises occupied by such residents. $10.99 GENERAL PENALTY. Any person, firm or corporation violating any of the provisions of any section or division of this code of ordinances for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to at fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any of the provisions of this code of ordinances are violated shall constitute a separate offense. You are welcome to petition for at text amendment, and can do sO by completing thei form below and submittingi it to Town Hall with the application fee of $500. Once this form is submitted, it will be advertised in the paper, and a public hearing can be held at the next Board of Alderman meeting for a decision regarding this proposed change. Note: Application must be submitted at least 2 weeks prior to a meeting to be added to the upcoming agenda. t/dalseneausomsbmdisoasasiansdagitmonscomsaTets20ameminentntl lam happy to walk you through the petition fort text amendment process if you decide to pursue this route, just let me Petition for Text Amendment: know. 8 TOWN OF DALLAS, NORTH CAROLINA REQUEST FOR BOARD ACTION DESCRIPTION: Request for Sponsorship for "Casting for a Cause" Fundraiser AGENDA ITEMNO.5A BACKGROUND INFORMATION: MEETINGDATE: 03/10/2020 The Gaston County Sheriff's Office is hosting the 3rd Annual "Casting, for a Cause' "i fundraiser ins support ofn non-profit organizations within Gaston County. Proceeds will be distributed to organizations such as Gaston County Special Olympics, Webb Street School, The. ARC, Boys Ar request for sponsorship oft this event has been received. Attached is the request letter and Local governments are allowed to allocate funds to non-profit organizations that are spent fora "public purpose". The "public purpose" must bei for aj purpose for which local governments have and Girls Clubs, Cancer Services, etc. sponsorship levels for review. the authority by statute to spend funds. Last year, Dallas sponsored the event atl Package #2 for $300. This item was discussed at the February 25th Work Session. MANAGER RECOMMENDATION: Approve the sponsorship request at $300, as presented. BOARD ACTION TAKEN: 9 R * siceofes Sheriff Alan Cloninger Gaston County Main? # 704-869-6800 Fax# 704-869-6815 P.O. Box 1578 4251 Dr. Martin] Luther King Jr. Way Gastonia, NC 28053 Sheriff wwgastiongov.com/teparimentssherift 6 MOTOPEPORIS Thank you so much for you contribution to the tournament last year! We raised over $12,000 and gave away over $20,000 in money and prizes. The only way that we were able to do thisi is because of all of you and your generous donations. Once again, the Gaston County Sheriff's Office has partnered with CS Motorsports to host the "3rd Annual Gaston County Sheriff's Office Foundation Bass Fishing Tournament." The tournament will be held on May 09, 2020 at South Point Boat Landing in Belmont, NC. This year and years to: follow, all proceeds from the tournament will go to the Gaston County Sheriff's Office Foundation benefitting non-profit organizations within Gaston County. The foundation will distribute to organizations such as Gaston County Special Olympics, Webb Street School, The ARC, Boys and Girls Clubs, Cancer Services, etc. Even though the name of the tournament has changed, the success will only continue to grow, but only with your help and support. We would appreciate it if you would take a moment to consider helping again this year in order to make this fundraiser an even bigger success. Any donation you or your business could make, whether monetary ori in products, would be greatly appreciated. Attached are our sponsorship levels and what each level includes. If you have any further questions or would like to know what you or your business contributed in 2019 please send an email to mbecton@eepsOrgor call Capt. Monica Becton at the number below. Wel look forward to hearing from you! Thank you, Capt. Monica Becton 704-869-6832 mbecton@geps.org Capt. Robert Porter 704-869-6825 porter@Qgcps.org Sgt. Michael Carson 704-869-6810 mcarson@geps.org Gaston Co. Sheriff's Office Gaston Co. Sheriff's Office Gaston Co. Sheriff's Office 10 Sheriff Alan Cloninger Gaston County Main # 704-869-6800 Fax #704-8690-6815 P.O.1 Box 1578 4251 Dr. Martin! Luther King Jr.Way Gastonia, NC 28053 Sheriff wastongov.cemecparmentssherit 6 MOTORSPORIS 3rd Annual GCSO Foundation Bass Fishing Tournament Sponsorship Levels for the May 09, 2020 Tournament are as follows: Package #1 $50-$99- Thank you letter from the Gaston County Sheriff's Office Foundation. Package #2 $100-$499- Certificate and thank you letter from the Gaston County Sheriff's Office Foundation & a 6 inch Logo on the Sponsorship Banner advertising your business. Package #3 $500-$999- Framed Certificate and thank you letter from the Gaston County Sheriff's Office Foundation & 8 inch Logo on the Sponsorship Banner advertising your Package #4 $1000-$2499- Sponsorship plaque ai thank you letter from the Gaston Co. Sheriff's Office Foundation & 12 inch Logo on1 the Sponsorship Banner advertising your Package #5 $2500-$6999- Sponsorship plaque a thank you letter from the Gaston Co. Sheriff's Office Foundation & 16 inch Logo on the Sponsorship Banner advertising your Package #6 $7000+ Sponsorship Plaque a thank you letter from the Gaston Co. Sheriff's Office Foundation & Your Own Personal Sponsorship Banner advertising your business. business. business. business. Name: Address: Phone Number: Package# Please make checks payable to: The Gaston Co Sheriff's Office. Foundation Please Send Checks/Products To: 4251 Dr. Martin Luther King Jr. Way Gastonia, NC 28052 Attn: Capt. Monica Becton Ifyou would like to donate product or a service please list the product/service and cost in the Package #. 11 TOWN OF DALLAS, NORTH CAROLINA REQUEST FORI BOARD. ACTION DESCRIPTION: Text Amendment- Permitted Uses Chart AGENDA ITEMNO.6A BACKGROUND INFORMATION: MEETING DATE: 03/10/2020 Autumn Parker ofCL Parker Gardens and Bob Clayton of An American Woodshop havejointly applied for a petition for text amendment to the' Town's Permitted Uses Chart. Autumn Parker is requesting that "garden shop" be added as a permitted usel by right "X" to the chart, and allowed within the B-3 zone. The Planning Board recommended this revision. Bob Clayton is requesting ai revision to the allowable: zones for "manufacturing, servicing, processing, assembling and fabricating wood and wood products" to allow the use tol be permitted by right X" within the B-3 zone. The Planning Board voted to recommend a revision to the Permitted Uses Chart that would allow this use as C" conditional (not permitted by right). and also recommended changing this to a conditional approval within the I-2 zone where iti is currently allowable by right. This would require anyone seeking this use in either location to apply for conditional zoning approval, and allow the' Town to evaluate each application based on its location and specific plans before making a decision. Example: Ifthis use may, generally not be desired on Town. Square, but be desirable under certain conditions (if the street facing portion ofthe building contained a certain SFofretail space, it was open a certain # of hours a week, etc.) the Board could ensure these conditions are Staff concurs with the Planning Board'sr recommendation of the garden shop in B-3 being permitted by right, and their recommendation of conditional approval of wood product manufacturing in B-3, but does not forsee any adverse conditions associated this use being permitted by right within an I-2 General Industrial zone as is currently allowed. part ofa conditional. zoning approval. MANAGER RECOMMENDATION: Approve the text amendments as recommended by the Planning Board and Staff. BOARD ACTION TAKEN: 12 Town ofDallas 210 N. Holland Street Dallas, NC28034 704-922-3176 Case# Petition for Text Amendment Autumn Parker Name of Applicant Address of Applicant 32 N.Gaston St. Dallas,Nc 28034 Contract Information: Telephone 104-860-5843 Emailg dpaietfoilOgmgil Com Qdd'garen Shop' Os permleD USe WHin B-3 7one to QerndixC- Permitler USes Chast Requested Change(s) to Zoning or Subdivision Ordinance Text Specific Section(s) #I Requested Change We/I certify that all information provided in this application is accurate to the best of our/my knowledge, information, and belief. Furthermore, by signing this request, we/l agree to pay for advertising costs associated with this petition. We/l understand that this petition must be gompleted in full and the required feej paid for acceptance, 2-26-2020 Date of Applicant h Fee: $_ 250 plus advertising costs. (joint applicoh- splkree) OFFICE USE ONLY Action: Accepted as complete: 2/26/2000 Date Onlo/n the Planning Board recommended that this petition be: Approved y Denied a On ofthe Board they: the Board of Aldermen held a Public Hearing concerning this request. By vote Approved D Denied D 13 TEXT AMENDMENT CONSISTENCY STATEMENT The proposed text amendment to Appendix C-Permitted Uses Chart is consistent with the 2003 Land Use Plan's goal to maintain and promote a vibrant and healthy downtown for a variety of retail, commercial, residential, social, cultural, and institutional uses, and is therefore deemed reasonable and in the public's best interest. Cutis Losho Curtis Wilson, Planning Board Chairman 1ol17/19 Date 14 Town ofDallas 2101 N. Holland Street Dallas, NC: 28034 704-922-3176 Case# Petition for Text Amendment Name of Applicant Address of Applicant BaCwt 09TmpeST DALAS WE Contract Information: Telephone 35-860-3339 Email 2CnluPcamgiareu, ICovn Requested Change(s) to Zoning or Subdivision Ordinance Text 1 WyLDLKTA@RTe Smatl uobShof SPecIALZIS IN BeChAikED LOCAL Woob Makas Home Docof aN) IMrer/sr Weap ABCENT WAIL BOALDSWITH Small RTAILSAeE Specific Section(s) # Requested Change We/l certify that all information provided in this application is accurate to the best of our/my knowledge, information, and belief. Furthermore, by signing this request, we/l agree to pay for advertising costs associated with this petition. We/l understand that this petition must be completed in full and the required fee paid for acceptance. 2Gt2 Signature of Applicant /-31-20 Date (Splt -$250) Fee: $ 500 phusadvertisingeess. OFFICE USE ONLY Accepted as complete: 2/26/20 Action:, Date_ On_2/13/20 the Planning Board recommended that this petition be: Approved D EDFED Denied D On ofthel Board they: thel Board of Aldermen helda al Public Hearing concerning this request. By vote Approved D Denied D 15 TEXT AMENDMENT CONSISTENCY STATEMENT The proposed text amendment to Appendix C-Permitted Uses Chart is consistent with the 2003 Land Use Plan's goal to maintain and promote a vibrant and healthy downtown for a variety of retail, commercial, residential, social, cultural, and institutional uses, and is therefore deemed reasonable and in the public's best inferest. Cunta Wiho Curtis' Wilson, Planning Board Chairman 2113/20.20 Date RE: Conditional APPrOVaI oflporvfcluringrucoo products" within B-3 Zone,Ond chonge to Condional in I-2 16 PLANNING BOARD RECOMMENDED CHANGES APPENDIX C: PERMITTED USES CHART Residential 12 10 8 6 Office Business Industria R-15 R- R- R- R- RM RMF-H 081-1 BC- B- B- B- B- 1 1 2 3 3P I-2 X:F Permitted by right (Supplemental regulations may apply-check town ordinances) C: Conditional Permitted Uses (any use not specified below is eligible B apply for conditional: zoning approval) (Supplemental regulations may apply-check town ordinances) BUSINESS AND RETAIL Retail Adult use/sexually explicit retail Antique shops Apparel shops Art/music supply and retail Auction house (indoor) Auction house (outdoor) Bookstores Camera shops Convenience stores Department stores Drugstores Dry goods stores Florist shop Furniture stores Garden Shop Hardware stores Household appliance stores Jewelry stores Newsstands Pet shops Retail stores within mixed use Retail stores- other Second hand precious metal business Shoe stores Sporting goods stores Tobacco/smoke shops Toy stores Variety stores Wholesale Departments INDUSTRIALMANUFACTURING Wood and wood products. including furniture- manufacturing, servicing, processing, assembling, and fabricating X X X X X X X X X X X X X X X X X X C X X X X X X X X X X X X X X X X X X X X X X X X C X X X X X X X X X X X X X X X X X X X X X c C X X X C C X X X X X X X X X X X X X X X X X X X X x X x X X X X C C X X X X X X X X X X C X C X C 17 TOWN OFDALLAS, NORTH CAROLINA REQUEST FOR: BOARD. ACTION DESCRIPTION: Proclamation Recognizing the Withers Family AGENDA ITEMNO.8A BACKGROUND INFORMATION: MEETING DATE: 03/10/2020 Over several generations, numerous members oft the Withers Family havel been active in the Rescue Squad and community, beginning with Earl H. Withers, Sr. asa co-founding member of Attached is a proclamation recognizing the contributions ofthe Withers Family to the citizens of the Dallas Rescue Squad. Dallas and Gaston County through the Dallas Rescue Squad. MANAGER KECOMMENDATION: Approve the proclamation as presented. BOARD ACTION TAKEN: 18 Proclamation Recognizing the Withers Familyfor Contributions tot the Citizens of] Dallas Through the Rescues Squad WHEREAS, the Withers Family has exhibited exemplary community service to the Town ofDallas and its citizens through their involvement with the Dallas Rescue Squad; and, WHEREAS, Mr. Earl Withers, Sr. wasaco-founding member oft the Dallas Rescue WHEREAS, through the 64PWMntP of the Withers Family, lives WHEREAS, the tradition of public service hàs permeated the gererations ofthe Withers NOW, THEREFORE, in honor oft the Withers'FAmily, the Town ofDallas, by affirmatives votè ofits Board of Alderman does hérebyofficially: recognize and honorthe following-members ofthe Withers Family for their dedioatedservice to the Town ofDallas. Squad; and, have been changed and saved, not Ohlyin-Dallas' but throughout Gaston County, and, Family. Barl H. Withers, ISr E. Hoyle Withers, Jr. Barl H. Withers_III Eric Withersh Gary Withers Mafcia WithèrsHovis Carey'Hovis Charles.Withers (Sonny) Charleslones GregClemmons SteveGrahl MarkGrahl Brad'Smith ,5 a Adopted this the 10th day.ofMarch, 2020: Rick Coleman, Mayorag Attested by: Da'Sha Leach, Town Clerk CARO 19 TOWN OF DALLAS, NORTH CAROLINA REQUEST FOR BOARD ACTION DESCRIPTION: Special Events Request - Easter Egg Hunt AGENDA ITEMNO.8B BACKGROUND: INFORMATION: MEETING DATE: 03/10/2020 The Gaston County Museum is requesting use oft the Court Square on Saturday, April 4th for their Annual Easter Egg Hunt. The event will begin at 1:00 pm with games and the egg hunt, and conclude at. 3:30 pm. The Museum is requesting the following assistance from the Town: A A $500 donation toward eggs and candy. Closure of West Main St. between N. Holland St. and N. Gaston St. MANAGER RECOMMENDATION: Approve the event as presented. BOARD ACTION TAKEN: 20 Town of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704) 922-3176 Fax: (704)922-4701 DALLAS The Cosroads fGation Counly Special Events/ Activities Application The purpose oft this applicationi ist top provide information about youre event or activity In order for the Town ofl Dallas tob best assist you. Depending on the specific event, a permit application and/or fee(s)f from other departments may be required. The applicant is responsible for providing complete and accurate information ont the application, The applicant is responsible for notifying the Town ofl Dallas of any changes. Acomplete application must be submitted by no later than 5:00 p.m. ont the Tuesday preceeding the date of the Board meeting at which the event is to be approved, for ane event whlch Is to occur. nosoonerthan 14 days following Its date of approval, APPLICATION INFORMATION Name of Event: Applicant Name: Organization: City/ State /Zip: Daytlme Phone: Description of the Event: AAAI Iablerias Hwrt 5sson Lwkex, Diechof Daks, MC 23034 104-9aa 768 Facility Requested: Historio Dellw, Cow-thoule S6uare aston Lowhy MUSEMN ahtasltoy Mailing Address: 31 West Mahe Srerk Cel: E-Mall: baltvEymon Te lssion. Caany Musehn wih Pwmwitle Thwkn okDaw alaaiplAy LssHwsk on Dllas Lowlacere Seuae, 6hM willider MDle Hwbpan.dlon krig 5ey lomlundw fofd. wweN abeck, bewewy 400 fo Booayyally. Does the event have al Facebook, Twitter, or other social networking page: Date (s) Requested for Event: Satwhon An14,2020 Road Closure Time Begins (if applicable): 12:30wd Preferred Date & Time of Inspection (if required): Sey, tou bafnl. Husgur Ifyes, please list URL(s): Event Start Time: Loogw Set Up Begins: Estimated Attendance: The Event is: Event End' Time:_ L3.30gwh Road Closure Time Ends:13copw Set Up Ends: OOAW toopw Hooto 800 lodivdalsg Private (byi invitation only) or Open to General Public Describe the procedures to be used for selecting vendors and exhibitors for this event: IN/A Applicant's Signature: EA Date: 30-a0 Apre-event meeting may be required and willl be scheduled toi include appropriate staff. The event applicant must attend the meeting. 1 21 TENTSICANOPIE/MEMERANESTRUCTURES Will ente/camoplesmembane stryctures be used for events? Ves X No( (ifno proceed to next section.) # of Canoples # of Tents # of Membrane structures Other type of structure (provide description) *Notes* (fabric structure thati is openy without sidewalls on 75% or more of perimeter) (fabric structure thati is enclosed withs sidewalls onr moret than 25% ofp perimeter) (alr supported or air inflated structure) VOIGE/MUSICAMPLFICATION Aret there any musical entertainment features related toy youre evant? lfyes, state the number of stages, number ofh bands and type ofmusic: Yes X No (Ifno proceed tor next section.) Number ofs stages: Type(s) of music: Willy youre event use amplified sound: lfy yes, please indicate times: Will sound checks be conducted prior tot the event? Lfyes, please indicate times: Number ofE Bands: Yes No Start" Time: Start" Time: Finish Time: Yes Finish Time: No Must comply with Town of Dallas general entertainment ordinance. HAZARDOUSMATERIALS Will the event have any hazardous materials such as propane, butane, gasoline, diese! tanks, helium cylinders or other lfy yes, all tanks must! be secured in a manner to prevent accidentally being knocked over. All hellum tanks upright tanks? Yes % No not being used shall- have their caps in place. Will there! be ary poriablè heaters? Wil there! be any deep fat fryers? Yés Yes No X No Yes will therel be any flreworks, lasers, torches, candles or pyrotechnics? Yes X No X No Will generators or electrical power be used? or hookups, fees may apply. Ifyes, provide electrical load data and! location of connection. In the case of extraordimary use RIDES/ATTRACTIONS Does the eventi include mechanical rides, or others similar attractions? Yes No lfyes, company name? Company addrass: List details, ifany: Applicants contracting with amusement ride companies are required to provide the Town of Dallas with a certificate of insurance, namlng applicant and the Town of Dallas (ifa applicable) as additional insured on general liability. ALL rides must be inspected and approved by The Department of Labor. 2 22 SERVICES The Town of Dallas does not provide amenities such as portable washrooms/oilets, sound systems, tables, chairs, tents, canopies or other equipment. The applicant is responsible fora arranging and providing services In order to determine what types ofc containers bests suitt the needs oft the event, please answer the following questions: such as event clean up, traffic control, etc. TRASH CONTAINERS Will the eventk bes selngsaling-disrbuting beverages? lfyes, in what containers will they come packaged in? How many trash cans are your requesting fort trash? How many recycle carts are your requesting? Yes X No Jaluminum cans glass bottles/jars plastic bottlesjugs/jars Deliveryl Location? The Contaiws ak to Go/cwe wiw be Wed Date and Time for rollout carts tol be emptied? N/A Date and' Time for rollout cartst tol be picked up? NIA Applicants are responsible for cleaning and restoring the site after the event. Please pick up all trash Including paper, plastic, bottles, cans and oventr marketing signs, Clean-up fees may! be incurred because ofe an applicant's failure to clean and/or restore the site following the event. Ifyour reasonably belleve that nol litter willl be generated during your Contracted personnel or volunteers may be used Ifh Indicated below. Whati ist the clean-up planf for the event? event, please statet thisl Iny your plan. PUBLIC PROPERTY CLEAN-UP SAFETY AND SECURITY (CHECKALL TYPES OF SECURITY USED) Stage Security Other Overnight Security Dates & Times security will be on site: Security provided by: Event Area Security From_ :30pw X Road Closure Security To_ 3:00pm 12:30gm Aphiy,doao Number of Security Personnel: Applicant may be required tol hire swom off-duly Town of Dallas police officers or Sheriff's Department, porsonnel to provide securlty to Insure publics safely. The Town ofl Dallas will determine the number of securlty personnel required on site. SITEPLAN Provide a detailed Slte-Plan sketch oft the event. Include maps, outline or diagram of the entire event venue Including the names ofe all streets and the surrounding area. The plan should include the following information: Location oft the event/activity on the property with approximate distances from roads, fire hydrants, Location' oft temporary structures that willl be used during the event, Must indicaté size oft temporary structures, distances between temporary structures and existing buildings. Identify howe eacht temporary structure willl be used. Example: type ofv vendor, food preparation, etç. Identify location ofs all cooking devices and opent flames; generators and fuels storage. Location ofa all fenclng, barricades, or other restrictions thatv will impair access to and from the event or existing buildings, etc. property. Identify all designated parking areas. 4 23 VENDORS A vendor is anyone whoi is serving, selling, sampling, or displaying food, beverages, merchandise ors services Does the event include food vendors? Ves X No Catered Ifthe event will have food vendors, please check thet following that apply: Does the event include food concession and/or cooking areas? Served Sold Prepared Outdoors Yes No lfyes, please list each vendor and specify cooking method (Gas, Electric, Charcoal, Other) (Use additional: sheeti ifnecessary) Vendor Cooking Method Food Item Food and beverages shall not! be sold at an event unless approved and licensed, if necessary byt the Gaston County Health Department, Event organizers are responsible for arranging health inspections for their event. List all other commercial vendors who will be present during the event (serving, selling, sampling, or displaying). VENDOR NAME ADDRESS PHONE NUMBER (S) EVENT SCHEDULE Provide: a detailed schedule oft the event including dates andt times for entertainment, activities, hours of event, start time, finish time, etc. lfthe event requires an extended time frame for set-up, include detalls with at timeline listingt thet times andI locations where streets or public property willl bei impacted andy when dismantling willl be completed. DATE TIME (Useadditional sheet of paper If necessary) ACTION ADDITIONALNOTES 14-4-20 1000 GLM Gakt Mlhve losphpAhw L6A ToheAAL, 4-4-20 Lsogn Main Shiak ciched K bowicnhes Dane. by Huk Towy 4-4-30 300pa frogfan 14 Ouur/Ragens DoNe bye y 4-4-10 Loom! Layks Lyy Hunk Basgmbgue 4-4-0 AAtzw MaiGhek Beuins 4.4-30 3sognl Lhps lancladeh Do ky LLMSEE 24 ROUTE ANDTRAFFICPLAN: PARADE (Includes floats, vehicles, and persons). MARCH ORI WALK (persons only) VEHICLES ONLY (Includes motorcycles) BICYCLES FOOTE RACE x JOTHER (Description: EMw de felays ow Mam Sicakhile Clobee Number of Persons: 400 Number of Vehicles: Number of Animals: N7A Inolude a 5K, a 10k, anda a Fun Run). % Children: Vehicle Types: Kinds: 80 N/A DESCRIBE BELOW' THE EVENTI ROUTE. IF THERE IS MORE THAN ONE SEGMENT TOA AN EVENT, INCLUDE START ANDI FINISH TIMES FORI EACH SEGMENT. (Example: The GENERIC AWARENESS RUN" may ROAD CLOSURES youreventivolyes road closures, ap parade, foot or bike race, any type of procession, ormore than onelobation, attachal Route and-Trafic.Plany Include the required information (isted below) and lyslspainemateny Delevp.applies to pureen-wnenpenun lamoving route, the DallasPolice Dept. s avallable.to,assist; you, NC and US roadways will also require approval from the NCDOT. clarifyt the directions ofr movement ofy your event. Thep proposedr route tol be traveledi including the requested starting andt termination point. Please also Routing plans fori traffic. lllustrate a plant toi include roads that you are requesting to be closed to vehicular or othert traffict for your event. Include planned arrangements tor resolve conflicts with people trying tor reach businesses, theiro own rosidences, places of worship and public facilltles Including public transportation. Whether the event will occupy all or ap portion oft the street(s) requested for use. Proposed locations for barricades, signs and police/volunteers. The provision oft twenty foot (20) minimum emergency access lanes throughout the event site. White temporary water base paint can be usedt to mark the route on the street pavement (May be purchased ato common hardware stores such asl Lowes Home, Home Depot, eto.). Please Note: All road closure requests will be strictly reviewed by the Town of Dallas. Approval, denial, ori moidfication of all road closurs requests are att the sole discretion oft the Town oft Dallas, The Town has final discretion over. your. Route and' Traffic Plan including, but notl limited to the route, placement and number of alll barricades, signs, and policervolunteer locations. DONOTA ASSUME, ADVERTISE, OR PROMOTE YOUR. EVENT UNTIL YOUHAVE. A S/GNED. PERMIT FROM THE TOWN OFI DALLAS. CONFLICTS DO ARISE, AND CHANGES TO: THE REQUESTI MAYE BE NECESSARY. Applicant's RD Date: 3-2-20 5 25 N.Gaston Street o3 00 E B a J loaAs pueyoH'N 26 TOWN OF DALLAS, NORTH CAROLINA REQUESTI FORI BOARD ACTION DESCRIPTION: Planning Board Member Appointments AGENDA ITEMNO.8C BACKGROUND INFORMATION: MEETING DATE: 03/10/2020 The Planning Board currently has 3 vacancies: Mr. David Jones and Mr. Eric Clemmer (ETJ) have recentlymoved, and Mr. John Beaty has stepped down from this position. At the Planning Board's February Meeting, its members voted to recommend that Mr. Gene Brown and Mr. Reid Simms, who are currently serving as alternates, be appointed tot the Planning Board as seated positions. included for your review. Staff1 has received 4 additional applications for consideration and appointment as well, which are No applications have been received for anyone within the Town's ETJ, and this seat cannot be Appointed members shall take a Oath of Office per 160A-61, to be filed by the Town Clerk, Staffi is also recommending al Planning Board Orientation for all new members, and any existing Along with the 4 applications received, attached is the current. Planning Board Member List and filled by someone inside: municipal limits per our current ordinances. before serving on thel Board. members who would like to attend. the Planning Board/Board of Adjustment Oath. MANAGER RECOMMENDATION: Approve the Planning Board's recommendation of appointing the 2 current alternates to seated positions and appoint 2 oft the applicants to alternate positions. BOARD ACTIONTAKEN: 27 PLANNING BOARD APPLICATION CONTACT INFORMATION OMr. OMrs. Ms. ODr. DOher Name Carla M Howell Address 302 S Oakland St Dallas NC 28034 Email Address cana.nowel@cpcarverpressley.com Work phone # 7046160872 home # Live in Municipal Limits Yes ETJ? No number of years 30 cell # 7046160872 Business owner in the city No number of years QUESTIONS 1.Why are you interested in serving on the Planning Board? Yes 29 years experience in dealing with real estate uses, and have been very experienced in the 2. Do you have special skills, experience or background which would assist you in working on this Yes 29 years experience in dealing with real estate uses, and have been very experienced in the 3. Does your schedule allow for a monthly evening commitment of 1-2 hours on a consistently scheduled date (currently the 3rd Thursday of each month) for a term of 3 years? Yes 4. Please indicate your preferred availability for Planning Board Orientation: changes we have seen to our area board? What is your professional and educational background? changes we have seen to our area Weekdays between 8am-5pm Weekday Evenings B Saturday 5. How did you hear about this board vacancy? by working with the town of Dallas ond other projects in! Dallas. Carla M Howell CR Signature 02/02/2020 Date Thank you for your interest in the Town of Dallas and in being considered for the Planning Board. You, along with other applicants, will be considered for any current and future vacancies. 28 PLANNING BOARD APPLICATION CONTACT INFORMATION Name Tiffany Faro OMr. LMrs. Ms. ODr. DOther Address 237 Summey Barker Drive, Dallas NC 28034 Email Address Ilfanyfar@gmal.com Live in Municipal Limits Yes ETJ? Business owner in the city No Work phone # nla home #nla cell # 757-755-0282 number of years 3 number of years QUESTIONS 1.Why are you interested in serving on the Planning Board? lam aware of thei future growth and development coming our way, and would like to help advocate for preserving our Town's unique character and history, while promoting business growth, increasing accessibility & transportation opportunities, and setting standards for what we want new development tol look like in our community. 2. Do you have special skills, experience or background which would assist you in working on this Iformerly served as the Development Services Director for the Town of Dallas, and ams still currentlye employed as al Planner in Gaston County- which allows me toh havei insight ons some oft thes specific areas ofi interest tol Dallas andi its residents as well asa a regional perspective on how growthi is ands shaping our County as a whole. lalso have ana architecture degree and background inc community development that could beh helpfuli ins defining 3. Does your schedule allow for a monthly evening commitment of 1-2 hours on a consistently scheduled date (currently the 3rd Thursday of each month) for a term of 3 years? Yes 4. Please indicate your preferred availability for Planning Board Orientation: board? What is your professional and educational background? design standards: and advocating fore equityi inc our approach to decision making. setting Weekdays between 8am-5pm Weekday Evenings B Saturday 5. How did you hear about this board vacancy? Former Staff Digitalysignedby DN: cn"TiffanyF Faro, TiffanyFaro o"TownofDallas, Date:: 2920028085517-6500 Mus ou-Developments emal-lamo@aalanenate ServicesD CHUS 2/28/2020 Date Signature Thank you for your interest in the Town of Dallas and in being considered for the Planning Board. You, along with other applicants, will be considered: for any current and future vacancies. 29 PLANNING BOARD APPLICATION CONTACT INFORMATION OMr. OMrs. OMs. LDr. DOtheri Name Thomas William Smith Address 507 McSwain Drive, Dallas, N.C. 28034 Email Address Pder9s.@chanerne Work phone # home # cell #8 828-620-0862 Live in Municipal Limits Yes ETJ? Yes number of years 1 Business owner in the city No number of years QUESTIONS 1.V Why are you interested in serving on the Planning Board? Want to get involved in my local community. Grew up in Dallas area, left due to 2.Do you have special skills, experience or background which would assist you in board? What is your professional and educational background? Ordained minister, also have a business background, Masters a being Wesleyan on working this Ministay, Now retired use t bea Yeaiter here AN& btned Precishn Degree and Doctors Degree in ministy Imports 7C. iN GASA)A. 3. Does your schedule allow for a monthly evening commitment of 1-2 hours on a scheduled date (currently the 3rd Thursday of each month) for a term of 3 years? consistently Yes 4. Please indicate your preferred availability for Planning Board Orientation: Weekdays between 8am-5pm OWeekday Evenings oS Saturday 5. How did you hear about this board vacancy? saw advertisement on Dallas Town Talk February 23, 2020 Bmhkp Signature Date Thank yout for your interest ini the Town of Dallas and in being considered: for the Planning Board. You, along with other applicants, will be considered for any current and future vacancies. 30 PLANNING BOARD APPLICATION CONTACT INFORMATION XMr. DMrs. Ms. DDr. DOther Name_ poneld Aeid Hipkauy SH Address_ 388 Apuh Lollege Sheet Email Address_ aAyaMnew Work phone #pshsf home PRR-EdNeaN, Resident of the dES/NO Business owner in the city YES/NO number of years_ 52 number of years_ QUESTIONS 1.Why are you interested in serving on the Planning Board? Want *o get iaved and ho afserite do AA CARHMS 2. Do you have special skills, experience or background which would gssist you in working on this Hy on jbvedepk Aohgstos anlsane past 3. Does your schedule allow for a monthly evening commitment of 1-2 hours on a consistently scheduled date (currently the 3rd Thursday of each month) for a term of 3 years? ESNO 4. Are you willing/able to attend a Board Orientation/lraining if selected? YESNO board? What is your professional and educational background? Laige coHgrs Preferred avgilabillty: Weekdays between 8am-5pm Weekday Evenings wSaturday 5. How did you hear about this board vacancy? Sign aK CNhOHAC SAy 3696 Signature YbAy 0 h-GL88 Date Thank youf for your inferest in the Town of Dallas and, in being considered for the Planning Board. You, along with other applicants, will be considered for any current and future vacancies, 31 TOWN OF DALLAS PLANNING AND ZONING BOARD/BOARD OF ADJUSTMENTS MEMBER. LIST (as amended on 2/28/20) REGULARI MEETING. DATEI IST THE THIRD THURSDAY OF EACH MONTH, 6:301 PM, FIREI DEPARTMENT MEETINGROOM NAME Curtis' Wilson, Chair 438 S. Gaston Street Dallas, NC 28034 suriswlson@chaner.net Glenn Bratton, Co-Chair 405 S. Rhyne Street Dallas, NC 28034 704-524-4058 glenn bratton@yahoo.com John O'Daly 3181 Holstein Drive Dallas, NC 28034 704-460-6047 icodaly@gmail.com Timl Farris 810E Park Rd. Dallas, NC28034 704-922-2933 (H) 704-718-9603 (C) mfamis@bellsouth.net VACANCY VACANCY VACANCY-ETS APPOINTED December 2019 EXPIRES December 2022 (H) 704-922-4343(W): 704-922-7173 (C) 980-522-0080 October 2017 October 2020 June 2019 June 2022 July 2018 June 2021 Reid Simms (Alternate #1) 5031 N.J Holland Street Dallas, NC 28034 704-922-8514 Dsmmsimmsacharsns Gene Brown (Alternate: #2) 510E. Church St. Dallas, NC28034 704-906-5009 Mhimethr2s@smailson October 2017 October 2020 July 2018 June 2021 32 OATH OF OFFICE FOR PLANNING BOARD/BOARD OF ADJUSTMENT I, do solemnly swear that I will support and maintain the Constitution and Laws of the United State and the Constitution and Laws of North Carolina not inconsistent therewith, and that I will, in all respect, observe the provisions of the Charter and the Ordinances of the Town of Dallas, and will faithfully discharge the duties of my office as PLANNING BOARD/BOARD OF ADJUSTMENT MEMBER, SO help me God. Swore to and subscribed before me, this 10th day of March, 2020. Rick Coleman, Mayor Attested: Da'Sha Leach, Town Clerk 33 TOWN OF DALLAS, NORTH CAROLINA REQUEST FORI BOARD ACTION DESCRIPTION: Code Enforcement Position AGENDA ITEMNO.8D BACKGROUND INFORMATION: MEETING DATE: 03/10/2020 This item was last discussed at the October gth Board of Aldermen meeting and was not approved at that time. The item came up again in discussion at the February 17th Strategic Planning meeting and Staffwas asked to bring the discussion back to the Board for As growth and development opportunities continue to increase for Dallas, iti is becoming increasingly difficult for the Development Services Director to devote the time needed to pursue economic development for the Town, review and accomplish ordinance revisions, and address In order to maximize the Town's ability to provide code enforcement services, we are proposing to add a Part-Time Code Enforcement Position. This position would fall under the supervision oft the Police Department, but would also coordinate with the Development Services Department, Fire Department, and other departments as needed to administer a complete enforcement program. The position would work approximately 201 hours per week on average and would receive, investigate, and enforce Town ordinances in relation to code enforcement violations and complaints. The addition ofthis position would facilitate the timeframe within which violations Attached is a current listing of complaints and violations received by the Development Services Director. Many of these are still waiting to be addressed, while: more complaints and violations arei received each week. Each violation requires a minimum of three (3) site visitis: 1)To verify the initial violation, 2)To follow up after the initial deadline, and 3)7 To follow up after abatement to confirm compliance. There are approximately 15 new calls per month concerning Also attached is a proposed Job Description fori the position, an estimate of costs associated with the funding this position for the remainder ofthis fiscal year, and al budget amendment to fund reconsideration at the February 25th Work Session. code enforcement complaints and violations in our Town. could bei remediated. code enforcement issues. the position for the remainder oft this fiscal year. MANAGER RECOMMENDATION: Approve a Part-Time Code Enforcement position to work within thel Police Department, as presented and to approve the accompanying budget amendment to fund the position for the remainder this fiscal year. BOARD ACTION' TAKEN: 34 Property Address Description 150.63/A)E Everya abandoneds structurev within the towns shallb bec deemedi inv violationy when the welfare duet toir insects orr rodents; fireh hazards; dangerous 150.6 63(A)E Everya abandoneds structurev withint the town shall bed deemed inv violationy when the welfare duet toir insects orr rodents; fire! hazards; dangerous conditions; andlor useb byv vagrants. Certificatec ofo compliance. Nop persons shall occupy ora allow anothert too occupy, or holdo outf fori intended usef for numanh habitationa anyb building, dwelling unit thep purpose ofh humanh habitationv whicho doesr not complyy with the standards ofthis Codea andfor whicha valido issued. 150.43 (F) (1) Everyf foundationy wall, exteriorv wall ande exterior roofs shallb bes substantially weather- walls shall be protectedw with paintoro other protectivel coveringt top preventt thee entrancec orp penetrationof moisture ort thev weather. 150.4 43 (F) (1) Everyf foundationv wall, exteriorv wall lor construction ande exterior roofs shall bes substantiallyv weather- ofa anyb buildingors structure (including walls shallb bep protectedw with paintoro other prolectivelapplication: andp plansa are coveringt top preventt thee entrancec or penetrationof submittedf for review anda approvalinthe moisture ort thev weather. 150.43(A) Certificatec ofo compliance. Nop person shallo occupy ora allow another too occupy, or holdout forir intended usef forh humanh habitationa anyb building, tobeu usedf fort thep purposed ofh humanh habitation which doesr not complyv witht thes standards ofthis Code andforv which avalido certificated ofc compliance hasn noth beeni issued. MINIMUMI HOUSING 512ERobinson structure constitutesa ahazardt tol health, safetyor MINIMUMH HOUSING 607WMains St structured constitutesa ahazardtohealth,; safetyor InProgress- VACANT BUTS STILL and/or uset byv vagrants. InProgress- COORDINATINGI WITH CHURCH, FDCANE BURNF FORF FREE Investigated- noty yets started Investigated- noty yets started MINIMUMI 504WMains St orr roomingu unit designed ori intendedt tobe usedf for ofc compliance hasr notk been MINIMUMI HOUSING 308 dallass stanley tight, water- tighta andr rodent-p proof Everye exterior 150.22(A)-2 Zoning permitr required. No alteration, remodeling. repair, enclosure, form ofaz zoning permitbyt thet town's Development Services Director. MINIMUM 311NCOLLEGE tight, water-t tight andr rodent-p proof; Everye exterior fences)s shallt takep placeu untilan Investigated- noty yets started MINIMUMI HOUSING 312SHolland dwelling unito orr roomingu unit designedo ori intended Investigated- noty yets started Investigated- noty yets started Investigated- noty yets started MINIMUMI HOUSING 511EPEACHTREE ABANDONED BOARDED BOARDED MINIMUMH MINIMUMI 517EPEACHTREE ABANDONEDS 150.43(D) Minimum standardsfor heating. Every building. dwelling unita and rooming units shallh have facilitiesf for providing! heats soast toheate each dwelling conditions, ands shall beir installedin accordancev witht theE Building Code adopted byt thet towna ands shallbe maintainedi ina safe andg goodv working condition. 150.43( (C)(3) Allfixtures, receptacles, adopted! byt thete town. equipmenta andy wirings should ber maintainedi ina unit withr minimumt temperature of 70"F andir installedi ina accordancev witht thee electric code floord duringo ordinaryr minimumv winter 150.43(A) Certificate ofo compliance. Nop person shallo occupyo or allow anothert tooccupy, or holdo out Noxious weeds and otherr rank fori intended uset for human! habitation: any building, anyg growth ofv weeds org grass or vegetation; other tobe usedf fort thep purposeo ofh humanh habitation inches; or accumulation ofdead 12 Investigated- noty yets started which does noto complyy witht thes standardso ofthis weeds, anya orb Code: andf forv which avalido certificateo ofc compliance grasso brush hasn noth beenis issued. 93.06 (B)lts shall be unlawfult tohaven more thanc one junkedn motorv vehicle, asd defined herein, onthe premisesc ofp publicorp private property. Single, junkedr motory vehiclen musts strictlyo comply witht theld locationa ando concealmentr requirements by thiss section. 93.06 (B)lts shall be unlawfult tohaven moret thand one junkedm motorv vehicle, asd defined herein, onthe premiseso ofpublicc orp private property. Single, permittedj junkedn motorv vehiclen musts strictlyo comply witht theld locationa ando concealmentr requirements! by Onej junkedn motorv vehicle, ini its entirety, canbe Repair locatedint the reary yardifthej junkedn motor vehicle is entirelyo concealedf fromp public viewf from apublic street andf froma abutting premisest bya ana acceptable 427SColleges St stated ofs goodr repair,s safe, capable ofbeingu used measureda atap pointt threef feeta abovet the Investigated- noty yets started NUISANCE- HEALTH MINIMUMH HOUSING 308SHOLLANDST dwelling unito orr roomingu unito designedori intended vegetationt toal heightg greatert than1 11 NUISANCE- CARS 3021 Ingle InP Violation sent Progress- Investigated- noty yets started. documentedt totr trackv vehicleso on premises. 12 NUISANCE-C CARS 100G Guernsey Ct thiss section. Unpermitted Use-F Possible Automotive Staff spokev with propertyo owner and covering. 35 93.06 (B)Itshall be unlawfulto! haver moret thand one junkedn motor vehicle, aso definedh herein, onthe premises ofp publico orp privatey property. Single, permitted) junkedr motor vehicler must strictly comply witht thel locationa ando concealmentr requirements! by Onej junkedn motorv vehicle, ini its entirety, canbe locatedint thereary yardifthej junkedn motorv vehicle isentirely concealedf from publicv viewf froma apublic street andf froma abutting premisesk bya ana acceptable 93.06 (B)! ltshallb beu unlawfultoh haven more thand one junkedn motor vehicle, as definedh herein, onthe permitted) junkedn motor vehicler musts strictlyo comply witht thel locationa ando concealmentr requirements by 93.06 (B)lts shall beunlawfultoh haver thand one junkedr motor vehicle, asd definedh herein, ont the premisesc ofpublico orp privatey property. Single, permittedj junkedn motorv vehiclen musts strictly comply with thel locationa and Onej junkedn motor vehicle, initse entirety, canb be locatedint ther reary yardif thej junkedn motory vehicle ise entirelys concealedf fromp public viewf from apublic street andf from abutting premisesb bya ana acceptable covering. 93.06( (B)Its shall beu unlawfultoh haver more thanone junkedn motorv vehicle, as definedh herein, onthe premisesc ofpublic orp privatey property. Single, permittedj junkedn motor vehiclen musts strictly comply witht thel locationa and concealmentr requirements! by Onej junkedn motor vehicle, ini its entirety, canbe locatedint ther reary yardift thej junkedn motory vehicle ise entirely concealedf fromp public viewf froma apublic streeta andf froma abuttingp premisest byana acceptable 93.06(B)lts shallb beu unlawfultoh haver moret thand one junkedn motorv vehicle, asc defined! herein, ont the premiseso ofp publico orp private property. Single, permittedj junkedn motorv vehicler must strictly comply witht thel locationa ando concealmentr requirements by Onej junkedn motory vehicle, initse entirety, canbe locatedi int ther reary yardif ifthej junkedn motory vehicle ise entirely concealedf fromp publicv viewf froma apublic street andf froma abutting premisest bya ana acceptable covering. Accumulation ofr rubbish, trasho orj junk causingor threatening toc causea afireh hazard, oro causingor water ort thei inhabitationt thereofby rats, mice, snakesorr noxiousi insects. 92.01 (A)1- Noxious weedsa ando other rank vegetation! toah heightg greatert than1 12inches;o ora anylord deteriorateds soa astod constitute apublic accumulation ofdeadv weeds, grass ork brush nuisance 13 NUISANCE- CARS 2009 RedLeafct thiss section. Investigated- noty yets started covering. 14 NUISANCE- CARS 308V WMinSt premisesc ofp publico orp privatep property. Single, Invostigated- noty yets started thiss section. requirements! by 15 NUISANCE-CARS 311SHOLLANDST thiss section. Investigated- noty yets started 16 NUISANCE- CARS 502NHILLST thiss section. Investigated- noty yets started covering. 17 NUISANCE- CARS 608N NORTHST thiss section. Investigated- noty yets started NUISANCE- GENERAL 502N.Poplar threatening too cause accumulation ofs stagnant Investigated-r noty yats started 92.01 (A)4-A Accessory! buildingor 19 NUISANCE- HEALTH 414SMaple! St vegetation; anys growtho ofw weedsorg grassorc other structuret thath hasb becomes soc dilapidated investigatod- noty yets started 92.01 (A)4-A Accessoryt buildingo ors structuret thath has constitute ap public nuisance 20 NUISANCE-HEALTH 510NPoplar becomes so dilapidatedo orc soasto Investigated- noty yets started 36 153.016 (E) Maintenance required. Allfences and walls shall bek kepting goodr repair, witho construction, 92.01 (A)5 5-Allf fences, retainingv wallsor replacementa andr reconstruction similars structurest thata aren notf irmly occurring asn needed. Af fencev willl bec considered anchoredt tot thes ground, maintainedin dilapidatedv when, by reasond ofinadequate obsolescenced ora abandonment, itis deterioration. Deterioratedf shall or decayed, orh hask bento or broken ber repaired, replaced or completely Investigated- noty yets started supports andp panels andr nol longera adequately removed. Grass, weedsa ando other servest thep purposef for whichi itwaso originally vegetation aroundt thef fencess shallbe intended. Ifvegetative: screeningisin includedv with maintainedi inc compliancev withd division thef fencelwall, vegetation and shrubsr mustb be (A)(1). trimmed andr maintained. 91.10(A) Theu used ofc carports, openp porches, decks, open garages: and other outdoora areast that arev visible tos streets ord otherp publica areas asa storagec or collection placef forb boxes, appliances, (butr notir includingt typical outdoorc ory yard furniture), tools, equipment, junk, garbage, old, worno out, brokeno orc discardedn machinery: and equipment, cans, containers, cardboardo containers, householdg goodsora anys similard conditiont that increasest thell likelihoodo ofafire; mayo conceal dangerous conditions, mayb bea abreedingr placeor habitatf forr mice, ratso or otherp pests; or createa an unattractive conditiono orv visuallyb blightedp property 91.10(A) Theu useofc carports, open porches, decks, openg garages ando other outdoora areast that arev visible tos streets oro other public areas asa storage or collection placef for boxes, appliances, 92.01 (A)3- furniture( (butr notir includingt typicalo outdooro oryard orj causingo ort threateningt to furniture). tools, equipment, junk, garbage, old, junko orc equipment, cans, containers, cardboardo containers, thei inhabitation thereofbyr mice, goodso ora anys similard conditiont that snakesc or noxiousi insects. rats, increasest theli likelihoodo ofafire; mays conceal dangerous conditions, mayb be abreeding placeor habitatfo for mice, rats ord other pests; ord createa an unattractive condition orv visuallyb blightedp property 91.1 10(A) Theu useofo carports, porches, decks, openg garagesa and other outdoora areast that arev visiblet tostreets oro other public areas asa storagec or collectiong placef for boxes, appliances, 92.01 (A)3- furniture (butn notir includingt typicalo outdooro ory yard orj causing ort threateningt to furniture), tools, equipment, junk, garbage, old, fire! junko hazard, orc equipment, householdg goods cans, containers, or anys similard cardboardo conditiont containers, that thei inhabitationt thereofbyr rats, mice, increasest thel likelihoodo ofafire; mayc conceal snakes orr noxiousi insects. dangerous conditions, mayb beal breeding placeor habitatf for mice, rats orc other pests; or create an unattractivec conditiono orv visually blighted property 91.09(A) The usec ofc carports, open porches, decks, open garagesa ando other outdoora areast that arev visiblet tos streets ord other publica areas asa storagec or collection placef for boxes, appliances, 92.01 (A)3- furniture furniture), (butn tools, notir including typical outdoor oryard orj junk causingo ort threateningt to causea worn out, brokeno equipment, ord discardedn junk, machinery garbage, and old, fireh hazard, orc causingo or threateningto householdg goodso or anys similaro conditiont that thei inhabitationt thereofb byr rats, mice, increases theli likelihoodo ofafire; mays conceal snakesorn noxiousi insects. habitatf for mice, ratsord other pests; ord createa an unattractive conditiono orv visually! blighted property Accumulationo ofrubbish, trasho orj junk causingor threatening! tocausea firel hazard, ord causingor water or thei inhabitationt thereofbyr rats, mice, snakesorn noxiousi insects. Accessory! buildingors structuret thath hasb becomes so public nuisance publicr rights-of-way. located. good structuralo condition andfreeof 21 NUISANCE- HEALTH 202WG GIBBS ST ZONING 22 NUISANCE-C -GENERAL 305ND Davis Investigated- noty yets started ofrubbish, trash causea NUISANCE-GENERAL 506EPoplar worn out, brokeno or discardedn machinerys and fireh causea hazard, accumulation causingo ofs stagnant ort threateningto wateror Investigated- noty yets started ofrubbish, trash causea NUISANCE- -GENERAL NUISANCE- HEALTH 410NCOLLEGEST worn out, brokeno or discardedr machinery and causea accumulation causing ofs stagnant or threateningto wateror InProgress- active! Noticed ofViolation ofrubbish, trash NUISANCE- GENERAL 301Lays St NUISANCE- HEALTH equipment, cans, containers, cardboard containers, cause accumulationc ofs stagnant wateror InProgress- active! Noticed ofViolation dangerous mayb beab breeding placeor NUISANCE- GENERAL 27 ZONING 28 ZONING PUBLICV WORKS ZONING ZONING 26 NUISANCE- HEALTH 431S SRhynes St threatening! tocause ofs stagnant noisy dogso outside Investigated- noty yets started Progress- Business Ownerp pursuing texta Investigated- noty yets started 109ETradeSt unpermitted use- woodp productr manufacturing 507EPoplar dilapidatedo or deteriorateds soa astoc constitutea 51.04(A) Everys site upony whicho oneorn more 51.04(B)(1) Allo dumpsters shallbe dumpsters areto tot bep placeds shall bel locateda and screenedv where, inthea absence of minimize anyh harmfule effect onp personso occupying dumpsterl levelt toF Persons! located within Investigated- noty yets started thed development: site, neighboring propertiesor anys dwelling unito onr residential property 51 153.0 .003(A) Nob buildingo orl lands shall beu usedor S1 153.0601 Thec outdoors storagec ofa any occupieda andn nol buildingo or partt thereofs shallbe motor vehicles oru used appliances shallbe erected, moved or alterede exceptino conformity with screenedf from the publics street andf from Use: Commercialvehicle: storage! lotinanR-8 comparablec opacity. 612ET TRADES ST constructed: so astof facilitate collectiona and screening, theyy would be clearly visibleat other thant thatv wheret the dumpsteris located least fivef feetinh height, andb byarowof hedgeo or otherr naturalp plantingof 112NS SUMMEYS ST ther regulations! hereinf for the zoneinw whichit itis anya adjoining! lotsb byac chain! linkf fenceat Investigated- noty yets started 37 CODE ENFORCEMENT OFFICER- PART-TIME General Statement of Duties Distinguishing Features of the Class Performs responsible work int the enforcement of zoning and other Town ordinances. An employeei in this class is responsible for carrying out a consistent program ofe enforcement of various Town codes within thel Town limits, and the ETJ where appropriate. The employee responds to andi investigates issues concerning zoning or public nuisance-types, as well asf following up on potential problems discovered during regular patrolling of the community. Initiative and collaborative conflict resolution is required in ensuring property owners, residents, and business owners comply with regulations. Duties are performed under the supervision oft thel Police Department and are evaluated through observation, reports, andf feedback from the public. Duties and Responsibilities Essential Duties and Tasks code violations. Tracks and responds to complaints regarding zoning, nuisance, or minimum housing violations. Conducts code enforcement operations within the Town toi identify and address zoning, nuisance, andi minimum housing Conducts the necessary research into various matters and coordinates activities with other departments, as applicable. Interprets the Town's ordinances and regulations to individuals. Issues violations, notices, warnings, and citations. Coordinates abatement actions as needed and verifies worki is complete. Creates and processes invoices and/or liens related to code enforcement activities. Serves as a Town Representative at Town Board meetings and/or court proceedings as needed Removes illegal signs from rights-of-way. Works with other Town employees, including those within Development Services and Fire! Department, to further identify problem/blighted areas and affect a complete enforcement strategy. Assists int the development ofr new policies, procedures, and ordinances as needed. Additional. Job Duties Performs other duties as required. Recruitment and Selection Guidelines Knowledge, Skills, and Abilities Skills to operate equpment/software/photography devices, typically used within ane enforcement environment; including Microsoft Office applications, enforcement/plannings software programs, personal computers, tablets, faxr machines, and phone Ability to learn and apply aspects of federal, state, and local laws, regulations, policies, procedures, and standards pertinent systems. to assigned areas of responsibility. Ability toi interpret codes and ordinances and their application to specific situations. Ability to prioritize, manage, and organize a variety of enforcement activities. Ability to express ideas effectively in oral and writteni forms. Abilityt to develop legal citations and warnings. Ability to work collaboratively to resolve problems and to enforce regulations tactfully and firmlyi in a consistent manner. 38 Ability to conduct themselves ina a professional manner, regardless of the situation. Ability to perform varied assignments under appropriate degrees of supervision. Ability to establish and maintain effective working relationships with Towna and State officials, developers, property owners and the general public. Physical Requirements Must bea ablet to physically perform the basic life operational functions of stooping, kneeling, reaching, standing, walking, Must be ablet to perform light work exerting up to 20 pounds of force occasionally, and/or up to: 10 pounds oft force Must possess visual acuity to perform reviews, field inspections; prepare and analyze data ands statistics, operate a climbing stairs, pulling, pushing, lifting, fingering, talking, hearing, and repetitive motions. frequently, and/or a negligible amount oft force constantly to move objects. computer and do extensive reading. Desirable Education and Experience Requires graduation from High School and twoy years ofe experiencei in inspections or enforcement; or any equivalent combination of experience and training which provides the required knowledge, skills, and abilities. Special Requirements Possession ofa a valid North Carolina driver's license. Code Enforcement Officer-Pg.2 39 Code Enforcement Position Costs Updated: 2/18/2020 Hourly Rate Hours Per Pay Period Pay Periods Total Pay FICA/Med Computer Work Station Projected Total $ 20.00 38.0 8.0 $6 6,080.00 $ 465.12 $1,500.00 $1,200.00 $9,245.12 40 Town of Dallas Budget Amendment Date: March 10, 2020 Action: Police Department Purpose: To Appropriate Funds for Part-Time Code Enforcement Officer Number: PD-001 Line Original Amount $229,049 $62,101 $3,900 $913 $120 $0 Amended Amount $238,294 $68,181 $4,277 $1,001 $1,620 $1,200 Fund 10 10 10 10, 10 10 Dept 3999 4110 4110 4110 4110 4110 Item Item Description 0000 Fund Balance. Appropriated 0200 Salaries 0250 FICA 0251 Medicare 3400 Equipment 3500 Furnishings Difference $9,245 $6,080 $377 $88 $1,500 $1,200 Approval Signature (Town! Manager) 41 TOWN OF DALLAS, NORTH CAROLINA REQUEST FOR BOARD ACTION DESCRIPTION: Annexation Request- McCall (3565 Dallas High Shoals Highway) AGENDA ITEMI NO. 8E BACKGROUND INFORMATION: MEETINGDATE: 3/10/2020 Thomas and Colleen McCall, owners ofPID#170097 (3565 Dallas High Shoals Highway), is petitioning for annexation into the' Town ofDallas for the development ofa single family The parcel is currently located outside ofTown ofDallas zoning, but is adjacent to R-10and R-5 single family residentia Izones. The 2003 Future Land Use Plan highlights this specific parcel forl Neighborhood and Community Business, but adjacent parcels are: marked for newi residential development. The Planning Board is recommending the requested zone ofR-5 Single Family The developer, ifs successful with this annexation, intends to pursue a development plan to extend residential subdivision. This parcel is considered contiguous. Residential. beyond this parcel- some ofv which is already located within Town limits. This application has been determined sufficient. Inc order to move forward with the request, thel Board must schedule a public hearing. MANAGER RECOMMENDATION: Set aj public hearing for April 14th to consider the annexation petition. BOARD. ACTION TAKEN: 42 Certificate of Sufficiency To the Board of Alderman oft the' Town ofDallas, North Carolina: I,Da'Sha Leach, Town of Dallas Clerk, do hereby certify that I1 havei investigated the attached a. The petition contains an adequate property description oft the area proposed for b. The area described in the petition is contiguous to the Town ofl Dallas' primary corporate The petition is signed by and includes addresses of all owners ofreal property lying in the petition and hereby make the following findings: annexation. limits, as defined by GS 160A-31. area described therein. In witness whereof, I have hereunto set my hand and affixed the seal oft the Town of] Dallas, this 5 dayo of Morchn 200 w000 (SEAL D Da'Sha Leach, Town Clerk 60,00 43 TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION PETITION NUMBER: DATE.1/30/2020. Contiguous Non-Contiguous FEE: $100.00* * Petitioner underslands there will be additional costs associated with this petition such as adyertising, postage, efc. and agrees to pay these fees upon receipt of invoice(s). Current Property Use: Residential Single Family Home_ Planned Property Use: Residentlal Single Family Requested Zoning: R-5 To the Board of Aldermen of the Town of Dallas: We, the undersigned owners of real property, respectfully request that the area described as 3565 Dallas High Shoals_ parcel ID # 3548413268 DALLAS, NC 28034, further identified as be annexed to the Town of Dallas. 190097 Name of petifioner/properly owner: Colleen T. McCall_ Mailing Address of property owner: P.O. Box 977 Dallas, NC 28034 Email AddressEIKMCCALLGMALCOM Phone umben.704-40-9883 Attachments included with Petition: 1. Legal description (as noted in property deed) 2. Letter outlining reasons for annexation request 3. $100 Fee Applicant Signature: Dovleen Scie Date: L/31/00a0 Received By- Date: 1/31/2020 5100 PAIajso SF 44 January 30, 2020 Town of Dallas Attn: Tiffany Faro 210N N. Holland Street Dallas, NC28034 RE: Annexation Petition for Parcel 3548413268 Good afternoon Tiffany, The adjacent property was recently annexed and rezoning intot the Town of Dallas. We would like to potentially include the subject property as part oft the overall development and would need to annex andi rezone to accomplish this. Thank you in advance, loueens. eGu Colleen McCall Gn Thomas McCall 45 Page 1of1 BK3806P6974 EXHIBITA BEGINNING ata ane existingi ironp pins set on the western margin oft the right of way ofthe! Shoals- Dallas Road (N.C. Highway 155), said iron marking the northeastermmost corner oft the High of Yallam; running: thence alonga ac common boundary line with thel lands of Yallam, Book property 2910, 884, South 73 deg. II min.2s sec. West 886.09 feet to an existing iron marking the rear corner of' Page andl Lot! No.30; runningt thence along ac common boundary with thel lands of Finger, Book 1050, 'Lot No.29 North 35 deg. 591 min, 4 sec. West 200,13 feet toa ane existing iron pin, a control corer; andi age7 thence 750, alonga common boundary witht thel lands of Summey, 96-E-149, North 73 deg. 17: min.: 51 sec, runningt East 885.32f feet tos ane existing iron pin set ont the western margin oft ther right ofv way oft the High Shoais- Dallas Road; runningt thence along the western margin ofs said road righto of way South 36 sec. Bast 198.371 feet tot the pointa andp place ofl Beginning, containing 3.82 acres, more or dog. 21 38 Beinga aj portion ofLot2 28 and: a portion ofLot2 29 oft the D. D. and L. d. Summey lands shown dated. July 25, 1940 andr recordedi in Plat Book 5, page 92, Gaston County Registry. min. less, accordingto on plat ap plato ofs survey! byF Robert T.Kelso, dated Augusts 9, 1999. 46 Book: 3806 Page: 973 Seq:2 S3KE n South SoF 55E 47 48 3/5/2020 Print Map and Report DALLAS d wy DRI pig Cemetery Tax Information DEED BOOK: 3806 PAGE: 0973 DEED RECORDING DATE: 8/25/2003 SALES AMOUNT: $0 PLAT BOOK: PAGE: STRUCTURE TYPE: CONVENTIONAL YEARI BUILT: 1930 SQUARE FOOTAGE: 1632 BASEMENT: NO MULTISTRUCTURESENO ACREAGE:3.82 TAX DISTRICT: AG, CENTERFD VOLUNTARY AG DISTRICT: NO PROPERTY USE: RESIDENTIAL MARKET IMPR. VALUE: $107,850 MARKET VALUE: $141,540 FARM DISCOUNT: NO EXEMPTION: NO TAXABLE' VALUE: $141,540 Election Information PRECINCT NAME: DALLASI POLLING PLACE: TOWN OF DALLAS FIRE DEPARTMENT POLLING ADDRESS: 209 W. MAIN STREET WARD #: CONGRESS REPRESENTATIVE: MEMBER PATRICK MCHENRY CONGRESSIONAL DISTRICT: 10 HOUSE REPRESENTATIVE: HOUSE DISTRICT: 108 SENATOR: SENATOR KATHY HARRINGTON (REP) SENATE DISTRICT: 43 170097 06/17/2014 3565 DALLAS HIGH SHOALS HWY Tax Information Primary Property Address BED:3 BATH:1 HALF-BATH:0 PARCEL: #: 170097 PIN #:: 3548413268 NC 28034-0000 NBHD #: 2D012 Parcel Information POLICE DISTRICT: GASTON COUNTY FIRE DISTRICT:/ AG CENTER FLOOD: LOCAL WATERSHED: LONG CREEK CENSUS TRACT: 304.02 CURRENT OWNERS: MCCALL COLLEENT NBHDI NAME: SOUTH CENTRAL DALLAS: 2D TOWNSHIP: DALLAS TOWNSHIP LEGAL DESC: HILLCREST DEVELOPMENTL 28-29 13 080 02900000 Tax' Values MAILING ADDRESS: POBOX 977, DALLAS, MARKET LAND VALUE: $33,690 Disclaimer: Thei information providedi isr not to! be considered. asa a legal document or description. The map &p parcel data is believed tob be accurate, but Gaston County does not guarantee its accuracy. Values shown are as of January 1,2019.- Document created for printing on 10/8/2018 49 itps.lgis.gastongowcomRepotsPin.MapAndRepotaspx CONSISTENCY STATEMENT The proposed annexation of Parcel ID# 170097 into Town limits as R-5 Single Family Residential ist technically inconsistent with the 2003 Future Land Use Plan's map designation as neighborhood and community business, however, this petition is deemed reasonable and in the public's best interest as this lot abuts land designated for new residential development, supports an increased demand for housing in light of Dallas' current and anticipated growth, and aligns with the 2003 Land Use Plan's recommendation for new residential to be clustered so as to preserve open space and heighten pedestrian accessibility. Curti Wibo Curtis Wilson, Planning Board Chairman 2/13/2010 Date 50 TOWN OF DALLAS, NORTH CAROLINA REQUEST: FORI BOARD ACTION DESCRIPTION: Annexation Agreement with Gastonia AGENDA ITEMNO.8F BACKGROUND INFORMATION: MEETING DATE: 03/10/2020 The current annexation agreement with Gastonia iss set to expire in May. This agreement had a term of 10 years. It will need to be determined ifthere are any changes we would like to make to the agreement, before renewing. Attached is copy oft the current agreement for review. MANAGER RECOMMENDATION: Place this item on the March 24th Work Session agenda for discussion. BOARD ACTION TAKEN: 51 NORTH CAROLINA GASTON COUNTY ANNEXATION SPHERE OFI INFLUENCE. AGREEMENT This agreement, made and entered into this day of 2010, by and between the Town ofI Dallas, al North Carolina municipal corporation, hereinafter referred to as "Dallas" and the City of Gastonia, al North Carolina municipal corporation, hereinafter: referred to as "Gastonia"; WITNESSETH: WHEREAS, Dallas and Gastonia desire to enter into an agreement concerning the annexation of areas adjacent to both municipalities in order to facilitate efficient growth and land use planning; and WHEREAS, Chapter 204 of the 1987 Session Laws of the North Carolina General Assembly, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, authorizes municipalities in NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as Gaston County to enter into such agreements; follows: 1. Spheres of Influence. (a) A sphere of influence boundary is hereby established between Gastonia and Dallas, as shown on the map attached hereto as Exhibit B andi incorporated herein by reference. (b) Any area generally South oft the sphere of influence boundary shown on Exhibit B shall be within Gastonia's sphere of influence for purposes of future annexations. Any area generally North of the sphere ofinfluence boundary shown on Exhibit B shall be within (c) Dallas shall commence no annexation procedure nor adopt any annexation ordinance the purpose of which is to annex any portion of nor all of that area within the sphere of (d) Gastonia shall commence no annexation procedure nor adopt any annexation ordinance the purpose of which is to annex any portion or nor all of that area within the sphere of Term. The term of this Agreement shall be ten (10) years from the date of execution hereof, which shall be deemed the effective date of this Agreement. It is the intent of both parties that lines of communication shall remain open between the municipalities for discussion of extending Existing Utility Customers. Each respective party shall retain its existing water and sewer customers as of the effective date of this Agreement without regard to which side oft the sphere of influence boundary such customers may be located on, and this Agreement shall not effect nor enable the transfer of any water or sewer customer from Dallas to Gastonia or: from Gastonia to Notice. Each party shall give written: notice to the other party of any proposed annexation, which isv within that party's sphere ofi influence, at least sixty (60) days prior to the adoption of an annexation ordinance. The notice shall contain a legible map clearly and accurately showing the boundaries of the area to be annexed. Any notice required by this section shall remain in effect for Dallas' sphere ofir influence for purposes of future annexations. influence of Gastonia. influence ofl Dallas. 2. this Agreement. asi it nears expiration. 3. Dallas. 4. 52 no more than one hundred eighty(180) days. Notices required under this section shall be sent to the following addresses: Dallas: Town Clerk Town ofDallas 2101 North Holland Street Dallas, NC 28034-1625 City Manager City ofGastonia P.O. Box 1748 Gastonia, NC28053-1748 Gastonia: 5. 6. 7. Waiver of Notice. The party to receive such notice may waive any notice or notice period required by this Agreement. Such waiver must be in writing and must be approved by the Amendment. This Agreement shall be amended only by a written document executed in the same Integration, This instrument contains the entire agreement between the parties and no statement, either oral or written, made by either party or the agent of either party that is not contained herein IN WITNESS WHEREOF, the parties hereto cause this Agreement to be signed by their duly authorized governing board of the party waiving the notice. manner as this Agreement. shall be valid or binding. representatives the day and year first above written. Agreel157 2 53 TOWN OF DALLAS By: Rick Coleman, Mayor ATTEST: Town Clerk CITY OF GASTONIA By: ATTEST: City Clerk Jennifer' T. Stultz, Mayor APPROVED ASTO: FORM: APPROVED AS TOFORM: Town Attorney STATEOFI NORTH CAROLINA COUNTY OF GASTON City Attorney STATE OF NORTH CAROLINA COUNTY OF GASTON I, 1, Notary Public of the aforesaid County and State, do Notary Public of the aforesaid County and State, do hereby certify that Maria Stroupe personally hereby certify that Virginia L. Creighton appeared before me this day and acknowledged that personally appeared before me this day and he/she is the Town Clerk of the' Town of Dallas and acknowledged that shei is the City Clerk of the City that by authority duly given and as the act of the ofGastonia and that by authority duly given and as municipal corporation, the foregoing instrument was the act of the municipal corporation, the foregoing signed in its name by its Mayor, sealed with its instrument was signed in its name by its Mayor, corporate seal and attested by him/her as its Town sealed with its corporate seal and attested by her as Clerk. day of its City Clerk. day of WITNESS my hand and Notarial Seal, this the WITNESS my hand and] Notarial Seal, this the 20_ 20 Notary Public My Commission Expires: Notary Public My Commission Expires: Agreel157 3 54 JASTONIA Great Place. Great People. Great Promise. Office of the City Attorney NC February 11, 2014 Jim Palenick, Town Manager Town ofDallas 210N. Holland St. Dallas, NC 28034 RE: Amended Annexation Agreement City of Gastonia/Town ofDallas Dear Mr. Palenick: Enclosed please find an executed original Amended Annexation Agreement dated January 30, 2014, between the City of Gastonia and the Town ofDallas. Please feel free to contact me ify you need additional information. Very truly yours, 7llessu amage/r Melissa A. Magee Asst. City Attorney Encl. Let4968 P.O. Box 1748 . Gastonia, NC 28053-1748 . Phone: 704.866.6735 . Fax: 704.854.6607 www.diyolgastonla.com 55 NORTH CAROLINA, AMENDED ANNEXATION AGREEMENT GASTON COUNTY. THIS AMENDED AGREEMENT, to be effective as of the 30 day of municipa corporation, hereinafter: referred to as "Gastonia," and the' TOWN OF DALLAS, a North Carolina municipal corporation, hereinafter referred to as "Dallas." 2014, by and between the CITY OF GASTONIA, a North a WITNESSETH: WHEREAS, Gastonia and Dallas previously entered into an agreement dated May 11, 2010, concerning the annexation of areas adjacent to both municipalities, in order to facilitate efficient growth and land use planning (the "Agreement"); and WHEREAS, Chapter 204 of the 1987 Session Laws oft the North Carolina General Assembly, a copy of which is attached hereto marked "Exhibit A" and incorporated herein by reference, authorizes municipalities in Gaston County to enter into such agreements; and WHEREAS, the parties wish to amend the Agreement by changing annexation NOW, THEREFORE, for and in consideration of the mutual covenants contained 1. The annexation boundary line as shown on Exhibit B to the Agreement shall be amended as shown in the map attached hereto as "Exhibit B". From and after the date of this amendment, the new annexation boundary line shown on Exhibit B shall determine the spheres of influence of the All other terms and conditions of the Agreement not otherwise amended boundary line as shown on Exhibit B to the. Agreement. herein, Gastonia and Dallas agree as follows: parties hereto. 2. herein shall remain binding on the parties. IN WITNESS WHEREOF, Gastonia and Dallas cause this Agreement to be signed by their duly authorized representatives the day and year first above written. u 0A94 DF GAS SEAL CARO Mayor Sz 56 gimigs -(Depuls) City Clérk APPROVED ASTOI FQRM: Yhube Qhye Attorney TOWN OF DALLAS By: ek Colener Mayor ATTEST: Hbua Beoape Town Clerk STATE OF NORTH CAROLINA COUNTY OF GASTON LRegina bilson Phillips a Notary Public of the aforesaid County and State, "do hereby certify thàt Virginia L. Creighhn personally appeared before me this day and acknowledged that she is th8 (Depuly) City Clerk of the City of Gastonia and that by authority duly given and as the act of the municipal corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal WITNESS my hand and Notarial Seal, this the aaay of Sanuary and attested by her as its.(Deputy) City Clerk. 2014. Rayin llanfhlipa Notary Public My Commission Expires: 3-11a019 NOTARY PUBLIC COUNTIS 57 STATE OF NORTH CAROLINA COUNTY OF GASTON a Looch al Notary Public of the aforesaid County and State, do hereby certify that Mona Spe personally appeared before me this day and acknowledged that he/she is the Town Clerk of the Town of Dallas and that by authority duly given and as the act of the municipal corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by him/her as its' Town Clerk. WITNESS my hand and Notarial Seal, this the 3dayo of - 2014. Jalany My Commission Expires: la/ob/15 VOTARY PUBLO RASTON cous Agree1358 58 GENERAL. ASSEMBLY OFI NORTH CAROLINA 1987SESSION CHAPTER 204 SENATE BILL492 AN ACT TO AUTHORIZE MUNICIPALITIES WITHIN GASTON COUNTY TO ENTER INTO AGREEMENTS CONCERNING ANNEXATIONS. The General Assembly ofNorth Carolina enacts: Séction 1. Itis the purpose oft this act to authorize municipalities to enter into agreements concerning annexation in order to enhance planning by such municipalities as well as residents and property owners in areas adjacent to such: municipalities. Sec. 2. The words defined in this section shall have the meanings indicated (1) "Annexation" means any extension of a municipality's corporate limits as authorized by Article 4A of Chapter 160A. of the General Statutes, the charter of the municipality, or any local act applicable to the municipality, as such statutory authority exists now or is hereafter (2) "Agreement" means any written agreement authorized' by this act. (3) Municipality" means any city as defined by G.S. 160A-1. Sec. 3. Two or more municipalities may enter into agreements with each other in order to designate one or more areas which are: not subject to annexation by one or more of the participating municipalities. The agreements shall be of reasonable duration, but not to exceed 30 years, and shall be approved by resolution of the governing board and executed by the mayor of each municipality and spread upon its when used in this act: amended. minutes. Sec.4. (a) The agreement shall: (1) State the duration oft the agreement. (2) Describe clearly the area or areas subject to the agreement. The boundaries of such area or areas may be established at such locations as the participating municipalities shall agree. Thereafter, any participating municipality may follow such boundaries in annexing any property, whether or not such boundaries follow roads or natural (3) Specify one or more participating municipalities which may not annex (5) Require each participating municipality which proposes any annexation to give written notice to the other participating municipality or municipalities oft the annexation at least 60 days before topographical features. the area or areas described in the agreement. (4) State the effective date oft the agreement. 59 the adoption of any annexation ordinance, provided, however, that the agreement may provide for a waiver oft this time period by the notified (b) The written notice required by subdivision (a)(5) of this section shall describe the area to be annexed by a legible map, clearly and accurately showing the boundaries of the area tol be annexed in relation to: the area or areas described pursuant tos subdivision (a)(2) of this section, roads, streams and any other prominent geographical features, Such notice shall not be effective for more than 180 days. Sec. 5. From and after the effective date of the agreement, no participating municipality may consider in any manner the annexation of any area in violation ofthis act or the agreement. From and after the effective date of the agreement, no participating municipality may annex all or any portion of any area in violation of this any area which is not otherwise subject to annexation under applicable law. parties thereto. A participating municipality which believes that another participating municipality is violating this act or the agreement may file a petition in the superior çourt oft the county where any ofthe territory proposed tol be annexed is located, seeking review of the action of the municipality alleged to have violated this act or the (b) Within five days after the petition is filed with the court, the petitioning municipality shall serve copies of the petition by certified mail, return (C) Within 15 days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the respondent municipality shall (1) a transcript of the portions of the municipal journal or minute book in which the procedure for annexation has been set forth; (2) a copy of any other document received or approved by the respondent municipality's governing board as part ofthe annexation. (d) The court shall fix the date for review of the petition sO that review shall be expeditious and without unneçessary delays. The review shall be conducted by the court without ajury. The court may hear oral arguments and receive written briefs, municipality. (6) Include any other necessary or proper matter. act or the agreement. Sec. 6. Nothing in this act shall be construed to authorize the annexation of Sec. 7. (a) Bach provision of the agreement shall be binding upon the agreement. receipt requested, upon the respondent municipality. transmit to the reviewing court: and: may take evidence intended to show either: (1) that the provisions oft this act werei not met; or (2) that the provisions of the agreement were not met. Upon a finding that the respondent municipality has not violated this act or the agreement, the court may affirm the action of the respondent municipality without change. Upon a finding that the respondent municipality has violated this act or the agreement, the court may: (1) Remand to the respondent municipality's governing board any ordinance adopted pursuant to Parts 2 or 3, Article 4A. of Chapter Page 2 S.L. 1987-204 Senate Bill492 60 160A of the General Statutes, as the same exists now or is hereafter amended, for amendment ofthe boundaries, or for such other action as is necessary, to conform to the provisions of this act and the (2) Declare any annexation begun pursuant to any other applicable law to ber null and void. If the respondent municipality shall fail to take action in accordance with the court's instructions upon remand under subdivision (e)(1) of this section within three months from receipt of such instructions, the annexation proçeeding shall be deemed null and (f) Any participating municipality which is a party to the review agreement. void. proceedings may appeal from the final judgment of the Superior Court under rules of procedure applicable in other civil cases. The appealing party may apply to Superior Court for a stay in its final determination, or a stay of the annexation ordinance, whichever shall be appropriate, pending the outcome of the appeal to the appellate division; provided, that the Superior Court may, with the agreement of the parties, permit annexation to be effective with respect to any part of the area concerning which no appeal is being made and which can be incorporated into the respondent municipality without regard to any part oft the area concerning which an appeal is being made. (g) If part or all of the area annexed under the terms of a challenged annexation ordinance is the subject of an appeal to the Superior Court or appellate division on the effective date of the ordinance, then the ordinance shall be deemed amended to make the effective date with respect to such area the date of the final judgment of the Superior Court or appellate division, whichever is appropriate, or the date the respondent municipality's governing board completes action to make the proceeding, except as specifically set forth in subsections (f) and (g) oft this section. ordinance conform to the court's instructions in the event of remand. (h) This act does not authorize any court to stay any annexation Sec. 8. This act shall apply only to municipalities located wholly or partly in In the General Assembly read three times and ratified this the 18th day of Gaston County. May, 1987. Sec. 9. This act is effective upon ratification. Senate Bill 492 S.L. 1987-204 Page 3 61 E - e 5 > 9 € - D F 3 6 B 8 E L - EXHIBIT B 62 - a 5 € F 3 E o : EXHIBIT 63 TOWN OF DALLAS, NORTH CAROLINA REQUEST FOR BOARD ACTION DESCRIPTION: Sewer Interconnect Project Update AGENDA ITEMNO.8G BACKGROUND INFORMATION: MEETINGDATE: 03/10/2020 Project specs for both entities are being reviewed and bid documents prepared. The next stepi is setting a date for thel bids. Although each entity will be bidding their portion oft the project separately, the bids will be occurring at the same time. MANAGER RECOMMENDATION: BOARD ACTION TAKEN: 64