GASTONIA CITY COUNCIL MEETING APRILI,2016-6,01 P.M.  GASTON COUNIYCOURTHOUSE: PUBLICFORUM, ROOM-GASTONIA,NC  EXHIBIT PAGE NUMBER  ITEM A: PRAYER - Councilman Robert Kellogg  ITEM B: ITEM C:  PLEDGE OF ALLEGIANCE - Mayor John Bridgeman  ADOPTION OF THE AGENDA  ITEM D: AWARDS, CEREMONIES. AND PROMOTIONS  (1) Proclamation - Child Abuse Prevention Month 2016. PRESENTATION: Councilman David Humphries (2) Proclamation - Guardian Ad Litem Volunteer Appreciation. PRESENTATION: Councilman Jim Gallagher PRESENTATION: Councilman Robert Kellogg (4) Proclamation - Fair Housing Month- - April 2016. PRESENTATION: Mayor Pro Tem Todd Pierceall  D1 D2 D3 D4  (3) Resolution  Acknowledging Commitment to. Combat Opiate Addiction  ITEM E:  PRESENTATIONS  (1) Fair Housing Poster and Coloring Contest Winners PRESENTATION: Mr. Vincent Wong, Housing and) Neighborhood  Administrator  Ms. Danette Dye, HUD Compliance Officer  (2) Sister Cities Young Artists Winners (3) The Prudential Spirit of Community Award Certificate of Recognition- - Karigan McCurry PRESENTATION: Councilman Robert Kellogg  PRESENTATION: Ms. Juliann Lehman, Sister Cities Coordinator  ITEM F:  PUBLICI EXPRESSION: EACH PERSONI ISLIMITEDTOATOTAL  OF FIVE MINUTES SPEAKINGTIME  CONSENT AGENDA  ITEM 1:  FINAL RECORDING PLAT. CATAWBA HILISPHASE4MAPI  REGULAR AGENDA  ITEM 2:  PUBLICI HEARING  SUBJECT HEARING INVOLVES REZONING. APPROXIMATELY 13.92 ACRES FROO-MCD (MEDICAL OFFICE CONDITIONAL DISTRICT)TO C-3CD (GENERAL COMMERCIAL CONDITIONAL DISTRICT). THE PROPERTY IS LOCATED AT3199 E. FRANKLIN BOULEVARD. THE PROPERTY: IS OWNED BYI HAROLDJ. PRESENTATION: Mr. Jason Thompson, AICP, Planning Director  LINEBERGER AND OTHERS.  -1-    GASTONIA CITY COUNCIL MEETING APRIL 19,2016-6 6:00 P.M.  GASTONCOUNTY COURTHOUSE PUBLICFORUM, ROOM-GASTONIA,NC  EXHIBIT PAGE NUMBER  ITEM 3:  PUBLICHEARING RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF GASTONIA.NCTO CLOSE KINGS DRIVE PUBLICHEARING  PRESENTATION: Mr. L.. Ashley Smith, City Attorney RESOLUTION TOTHE GENERAL ASSEMBLY REQUESTING CHARTER REVISION PRESENTATION: Mr. L. Ashley Smith, City Attorey TRAFFICORDINANCE- SPEED LIMIT. REDUCTION ON WESTBROOK CIRCLE. MIDWOODDRIVE. AND SHERWOOD. AVENUE  ITEM 4:  ITEM 5:  PRESENTATION: Mr. Rusty Bost, P.E., Director of Engineering  ITEM 6:  GASTONIA CONFERENCE CENTER. ANNUAL. BUDGETFY20162017  PRESENTATION: Ms. Kristy Crisp, Economic Development Coordinator  ITEM 7: ITEM 8: ITEM 9:  AUDIT/BIDS COMMITTEE REPORT..  PRESENTATION:. Councilman David Kirlin, Chairman PUBLICSAFETY COMMITTEE REPORT. PRESENTATION-. Councilman Jim Gallagher, Chairman TRANSPORTATION COMMITTEE REPORT.  PRESENTATION.-- Mayor Pro Tem Toddl Pierceall, Chairman PRESENTATION: Mr. L. Ashley Smith, City Attorney PRESENTATION: Mr. Edward C. Munn, City Manager  ITEM 10: CITYATTORNEY'S) REPORT ITEM 11: CITYMANAGER'S REPORT ITEM 12: CITYCOUNCIL REPORTS ITEM 13: ANNOUNCEMENTS  PRESENTATION: City Council Members PRESENTATION: Mayor. John D. Bridgeman  -2-    GASTONIA CITY COUNCIL MEETING APRIL 19,2016-6:001 P.M.  GASTON COUNTY COURTHOUSE PUBLICI FORUM ROOM-GASTONIA,NC INDIVIDUALS REQUIRING ADA RELATED SPECIAL ASSISTANCE AT THIS PUBLIC MEETINGHEARING SHOULD CONTACT' THE. ADA COORDINATOR, CITY HALL, 181 SOUTH STREET, P.O. BOX 1748, GASTONIA, NC 28053-1748, AT (704) 866-6861 OR 711 FORI RELAY  EXHIBIT PAGE NUMBER  SERVICE USERS WITHIN 721 HOURS OF THEI MEETING/HEARING.  Ag041916  -3-    JASTONIA Great Place. Great People. Great Promise. Proclamation  NC  WHEREAS, Thel Motto of the City of Gastoniai is "Great place, great people, great promise"; and WHEREAS, our children represent thej potential ofc our community to achieve that promise; and WHEREAS, the children of our community are reliant on our adult citizens toj provide the necessary resources to achieve their potential; a stable environment including adequate shelter, nourishment, and education; and also freedom from. physical, emotional, psychological or WHEREAS, professionals across multiple disciplines regularly convene to address needs and develop resources to educate and inform the public of child safety concerns, including: nonprofit agencies, public schools, department of health and human services, law enforcement, the judicial system, and support systems including the medical, faith, and child abuse prevention, including models of awareness, appropriate preventative action regarding and systematic therapeutic treatment in fact significantly reduces reports of child abuse over time WHEREAS, the City of Gastonia, Gaston County, and the State ofNorth Carolina are committed to preventing child abuse, and call upon citizens from all walks of life to participate in that NOWTHEREFORE, BEI ITI RESOLVED that the Mayor and City Council oft the City of Gastonia,  spiritual abuse and subsequent trauma; and  counseling communities; and  WHEREAS, evidence based practices show that regular and consistent public education  inac community prevention;  dol hereby proclaim April 2016 as  CHILD. ABUSE PREVENTION MONTH  and urges its citizens to join together in creating a safe and nurturing community where IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Gastonia to be affixed this the 19th day of April, in the year of our Lord, two thousand and  children can achieve their potential andj promise free from abuse.  sixteen.  Attest: Sherry    dullt  EXHIBIT D1    ASTONIA Great Place. Great People. Great Promise.  NC  Proclamation  WHEREAS, the Guardian AdI Litem Program, which exists in every county throughout the state serving more than 15,000 children a year, has established a distinguished record of public service through its work to provide trained community volunteers who help abused and neglected children by advocating for their best interests when they are WHEREAS, the court appoints Guardian. Ad] Litem advocates to investigate and determine the needs of abused and neglected children, to recommend what is best fort the child, and to Whereas, Guardian Adl Litem volunteers come: from a variety of professional, educational and ethnic backgrounds, collaborating with other participants int the court case, to serve the besti interests of children who find themselves the subjects of court cases int the often Whereas, the Guardian Ad) Litem Program, through its volunteer advocates, protects and defends children from harm, ensures that these children are provided with the court- ordered services they need; and works to assisti in developing aj plan that will provide NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of  involved in the courts system; and,  represent the child's voicei in court proceedings; and  unfamiliar court and child welfare systems; and  these children with as safe, permanent home. Gastonia dol hereby proclaim the month of April as  GUARDIAN AD LITEM VOLUNTEER APPRECIATION MONTH  And encourage all citizens to honor the contributions of our Guardian Ad Litem IN WITNESS WHEREOF, II have hereunto set my hand and caused the official seal of the City of Gastonia tol be affixed this the 19th day of April, in the year of our Lord, two  volunteers who are child advocates.  thousand and sixteen.  4k  Attest:  haAWAgun Sherry H. Dunaway, City Clerk  EXHIBIT D2    D3  JASTONIA Great Place. Great People. Great Promise. RESOLUTION ACKNOWLEDGING COMMITMENT TOCOMBATOPIATE: ADDICTION  NC  WHEREAS, illicit opioid drug abuse and the abuse of prescriptionbased opioids has become a crisis of WHEREAS, the City ofGastonia and surrounding. jurisdictions have experienced: a significant increase in WHEREAS, thei increase in opioid abuse causes an ensuing increase in criminal activity, healthcare costs and the number of children inf foster care due tot the drug addiction of parents or guardians; and WHEREAS, the costs tot the community in terms of actual expenditures, resources: and human life caused by opioid substance abuse and addiction are extraordinarily significant, ifr not incalculable; and WHEREAS, a collaborative, multidisciplinary approach that includes law enforcement, first responders, the court system, health and human services, counseling, medical providers and facilities, housing, long- term outpatient care andt treatment centers is needed to combat the opioid drug abuse problem; and WHEREAS, the City of Gastonia Police and Fire Departments have committed to participate int the and Treatment (DDAT) program created by the Gaston County Police Department as a collaborative effort to address the growing challenges of the opioid crisis by identifying high-risk individuals and providing effective treatment which includes a comprehensive structure, an extensive period ofi intervention, and progressive, intensive case management associated with the opioid epidemic; WHEREAS, the objective of] Drug Diversion and' Treatment (DDAT) ist tor reduce recidivism and drug use by diverting high-risk, non-violent, repeat opioid drug offenders to a coordinated community system of NOW, THEREFORE, BEI ITI HEREBY RESOLVEDI by the City Council oft the City ofGastonia, North 1. The City of Gastonia shall be fully committed toj participating as a partner in the Drug) Diversion and 2. The Gastonia Police] Department will: serve in al law enforcement capacity byi identifying and arresting those associated with the manufacturing, distribution, possession and use ofc opioids as well as provide 3. The Gastonia Fire Department will servei in af first responder role for those in need of prompt medical  epidemic proportions across our nation, state and region; and  the number of opioid overdoses and overdose deaths int thej past 2 years; and  Diversion and  Drug  integrated care fori intensive treatment and after-care support.  Carolina, that:  Treatment (DDAT) Program; and  guidance in selecting the candidates best suited for thel DDAT Program; and  attention due tot the misuse or overuse of opioids.  Adopted thist the  day of April, 2016.  Mayor. John D. Bridgeman  ATTEST: City Clerk Res1793  EXHIBIT D3    ASTONIA  PROCLAMATION City of Gastonia, North Carolina  1877  WHEREAS, equal housing opportunity isar right guaranteed to all Americans under WHEREAS, each year since the enactment of the National Fair Housing Law, the WHEREAS, the Citizens of Gastonia and Gaston County are encouraged tos share in WHEREAS, the enactment oft the Fair Housing Law provides an opportunity for all  Title VII ofthe 1968 Civil Rights Law; and,  Federal government has designated. April as Fair Housing Month; and, the effort toe ensure that fair housing opportunity is a reality for all: and, citizens of Gastonia and Gaston County to rededicate themselves to the principles off free choice and to1 reacquaint themselves with the rights and oft the Cityo ofGastonia hereby proclaims the month of April 2016as  responsibilities that are theirs under the law.  NOW, THEREFORE, BEI ITI RESOLVED that the Mayor and the City Council  FAIR HOUSING MONTH  in Gastonia, and encourage the people ofGastonia to join in reaffirming the obligation ofo commitment of fair) housing opportunities for all. seal of the City of Gastonia, North Carolina to be afixed this  IN WITNESS WHEREOF, I have hereunto set my hand and caused the corporate  day of APRIL 2016.  John D. Bridgeman, Mayor  Attest:  Sherry H. Dunaway City Clerk  EXHIBIT D4    MEMORANDUM  DATE: TO: FROM: THRU:  April7,2016  Edward C. Munn, City Manager Tucker. Johnson, PE, Assistant City Engineer Rusty Bost, PE, Director of Engineering / City Engineer  SUBJECT: APRIL19, ,2016, CITY COUNCIL MEETING  FINAL RECORDING PLAT CATAWBA HILLS PHASE 4MAP1  Craft Holdings Two, LLC has submitted a final recording plat for their property to be known as Catawba Hills Phase 41 Map 1. Phase 4 Map 1 contains 38 single family-lots. Approval of this plat will increase the total number of platted lots to 38 of the 38 approved maximum number for the project. The property is located between Beaty Road and Stroupe Road on the north side ofCatawba Creek. The property is located within the The Gastonia Planning Commission approved the preliminary subdivision plat by a majority vote on October 8, 2015 subject to the conditions recommended by the City  Gastonia Corporate limits andi isz zoned PD: PRD.  Engineer in ar memo to the Commission dated September 23, 2015.  Public water and sewer wills servet the lots.  The owners plan to post a bond for the public improvements. This final plat or any portion ofi its recordation is subject to the bond being reviewed and approved by the City Attorney's office. No building permit willl bei issued until the bond is approved and final This final subdivision plat is in substantial conformance with the plans as originally submitted and meets requirements of the Gastonia Subdivision Ordinance.  plati is recorded.  Therefore, this plati is RECOMMENDED for approval. (Presentation to be madel by: Rusty Bost) S TUCKERJOHNSON, PE Assistant City Engineer  EXHIBIT1-1    103 3NIo  4a poohupos  4a SNV BIV  E  S  Vi 00  AANESNIT:  RD KENOREOK    FET  =  18122 4RE 1L TR  EBSFISASe  'GM AGLE 1LE  Catawba Hills Phase 4 Map 1  Previdence  L.    PUBLIC HEARING STAFF REPORT Filel No. 8278  GPC Hearing Date: March: 3,2016 City Council Hearing Date: April19,2016  OWNERS: APPLICANT:  J.I Harold Lineberger and others Mountcastle Corporation  PROPOSED ZONING. ACTION:  Rezoning from O-M CD (Medical Office Conditional District) to C-3 CD (General Commercial Conditional South side ofE. Franklin Boulevard between Armstrong  District)  LOCATION: TRACT SIZE: WARD:  Park Road and Lineberger Road Approximately 13.92 acres  2  Proposed Rezoning Request  Thes subject property consists ofas single tax parcel totaling approximately 13.92 acres that is currently zoned O-MCD (Medical Office Conditional District). The applicant's requesti is to rezone thej property to C-3CD (General Commercial Conditional District) in order to allow for a multi-tenant retail development ont the site. The attached site plan details the proposed development scenario for the property andt thei following are the proposed conditions agreed tol by the applicant:  Proposed Zoning Conditions: General Provisions a.  The exact configuration, placement, and size ofindividual site elements may be altered or modified within thel limits prescribed by the ordinance during the design development and construction phases based on specific site conditions or adjustment made as a result of the development review and permitting process. The Petitioner acknowledges that other standard development requirements imposed by other city ordinances, such as those thati regulate streets, sidewalks, and site development, may apply to the development oft this site. These are not zoning regulations, are: not administered by the Zoning Administrator, and are not separate zoning conditions imposed byt this site plan. Unless specifically noted in the conditions for this site plan, these other standard development requirements will be applied to the development of this site as defined by those other city ordinances that may be Throughout this Rezoning Petition, the terms "Owner", "Owners", "Petitioner" or "Petitioners," shall, with respect tot the Site, be deemed toi include the heirs, devisees, personal representatives, successors ini interest and assignees ofthe owner or owners of the Site who may bei involved ini its development from time to time.  applicable to the site.  Permitted Uses  Uses allowed on thej property included in this Petition are those uses that are permitted in the C- 3 district except as may be further limited by the specific provisions of this site plan and further limited to only one use will bej permitted with an accessory drive through service window/lanes. Development tol be constructed on this site will not exceed 90,000 square feet  off floor area. Automobile sales Automobile repair shops Automobile towing and wrecker services Billiard parlor  The following uses will not be permitted.  EXHIBIT 2-1    Building material and lumber sales Commercial Vehicle and Truck Storage Contractor Storage & Equipment Yard Correctional Facility Crematorium Dhamhutu.hala-senge Operation Electronic Gaming Operation Pawn shops Adult! businesses of any type Iransportation a. b.  Electric, Heating, Air Conditioning, Ventilating, Plumbing Supplies & Equipment Sales  Heavy & Industrial &1 Farm Equipment Sales and Services  The site willl havet two full access connections and one righti in-right out connection to Franklin Boulevard as generally depicted on the concept plan for the site. Parking areas are generally depicted on the concept plan for the site. c. The exact location and design oft the access points willl be determined during the design and development review for the site subject to the approval ofNCDOT. d. Thel Petitioner willi install or modify traffic signals ati the full entrances tot the sitei in conjunction with the review and approval ofNCDOT. Sidewalks that may be required by published City standards will also be installed as part oft thet roadi improvement process subject tot the approval ofNCDOT. Any such sidewalks may bel located within a sidewalk easement. Thel Petitioner will construct or contract for the construction of one additional eastbound lane along the entire frontage along Franklin Blvd. of the real property for an approximate total of40201 feet at sucht time ast the property is developed. Development willl be defined as the development or construction of any improvement on any portion oft thet real property for any use that requires the submittal ofa site plan or the issuance ofal building permit. Construction oft the roadi improvements described herein shall be completed or bonded as defined by the City's Unified Development Ordinance (UDO) prior to the issuance ofal building permit. Such construction shall include but not be limited to grading, storm drainage and curb and gutter, but shall not include either the placing of stoner base or other NCDOT approved intermediate base course alternative ort the asphalt surface pavement in saidl lane. All construction will be completed in accordance with the UDO, the Standards and Specifications of the City and NCDOT, and any special provisions as delineated on the final engineering plans as prepared by thel Petitioner's consulting engineer and approved by the City and NCDOT. The petitioner will furnish aj payment and performance bondi ini form and written bya company reasonably acceptable to the City from each ofi its contractors with City and Petitioners shown as dual obliges int the: full amount oft the construction. The City will place aggregate base course stone (or other suitable intermediate base course material approved by NCDOT) on the roadwayi improvement within the right of way for the additional eastbound lane described above when iti is constructed by the Petitioners, their agents or contractors. The City acknowledges that the Petitioners are: not responsible for either the construction ofc or the payment for the asphalt surface Thel Petitioner willl be responsible for all applicable overhead and underground utility Right-of-way shall be dedicated along Franklin Boulevard, extending the entire property frontage, tol be measured 60' from the centerline oft the existing right of way.  e. f.  pavement of said eastbound. lane. relocations to accommodate widening.  &. h.  Architectural Standards  Buildings constructed on the site will comply with the requirements of Section 7.6.5 ofthe Gastonia Zoning Ordinance that relate tol building design andi materials. The Petitioner has provided representative elevations oft thef four (4) sides of the building. Building construction andi materials shall be consistent with the attached representative building elevations.  Landscaping a.  Landscaping willi include screening and tree planting as generally depicted ont the site plan. Itis likely that trees will need tol be removed to allow for the construction of one or morei retaining walls. These areas willl be replanted to meett the: standards for buffers  EXHIBIT 2-2    as provided byt the Ordinance including ai mixture of deciduous and evergreen trees and shrubs. The 100-year floodplain shall remain undisturbed. This area shall be clearly marked by orange webbing or other tree save: mechanism and inspected by the City of No clearing or grading shall occur ont the site until as sedimentation control plan! has been approved by Gaston County and construction plans are approved by the City of Gastonia. For any clearing on the property, trees should: falli into the cleared area and Existing vegetation along the rear property lines shall be supplemented with evergreen  Gastonia prior to any clearing or grading ont the site. not into the areas to1 remaini in ai natural state. species (to be approved byt the City of Gastonia).  0. C. Signage  All signage shown ont the building elevation is schematic ini nature but all signs installed on the  site will comply with the standards oft the Gastonia UDO.  Lighting  Freestanding lighting on the site willl bel limited to 25 in total height and will utilize full cut-off luminaries and: no "wall pak" type lighting will be utilized, except that architectural lighting on the exterior of buildings willl be permitted. Thel lighting will be designed in such a way that no light in excess of one: foot candle will leave the site except in areas where site driveways  intersect Franklin Blvd.  Phasing  The site may be developed in a single phase ori in multiple phases with each phase complying with the provisions oft the City ordinances and with the conditions oft this plan.  Service  Trash collection on the site will only be conducted between the hours of7:00 a.m. and 7:00 p.m. Not trash pick-up or motorized sweeping shall be allowed between the hours of 10:00 p.m. and' 7:00: a.m. No outside amplification devices are allowed on the property.  Screening  Thel Petitioner will screen parking areas from view from nearby residential areas with 31 foot high evergreen plant materials as generally depicted on the site plan. The loading dock and service areas of the buildings ont the site will be screened with the extension of building walls  tor match the architecture oft thel buildings.  Stormwater  The proposed development will attenuate the peak flow: for the 2, 10, and 25 year storm events to pre-developed conditions. Surface area for new detention basins will meet minimum  requirements as published by NCDENR. Description of Adjoining Properties and Zoning  Properties ont the norths side of Franklin Boulevard are: zoned C-3 (General Commercial) and are developed as the multiple phases of the Franklin Square Shopping Centers. Surrounding the subject property to the immediate west, east and south is City-owned property that was conveyed by the former owner tot the City of Gastonia back inl May of2 2015. Like the subject property, this property is currently zoned O-M CD (Medical Office Conditional District) andi iti is subject to the: restrictions of that zoning designation. The Gardner Park and New Hope Acres Neighborhoods are located to the south across. Duharts Creek and are zoned] RS-12 (Residential). Most homes in this area were builti in Public water and sewer are available tot thej property. The existing traffic signals at the eastern and western edges of the site would be reconfigured as needed to accommodate the development.  the 1960s and 1970s with some: new development as recent as the mid-1990s.  Available Public Facilities  EXHIBIT 2-3    Consistency with the Comprehensive Plan  Thel Future Land Usel Map within the 2025 Comprehensive Plan indicates the subject property as suitable: for residential. Therefore, the proposed rezoning is inconsistent with adopted plans for the The existing zoning ont the subject property allows for the development ofs senior apartments as was approved by the Gastonia City Council in 2006. That conditional zoning approval also includeda number of written conditions agreed tol byt the applicant (that conditional zoning document is included herein for reference). The current: rezoning: proposal is to allow for up to 90,000 square feet ofretail development split amongst multiple buildings ont the property. The proposed rezoning site plan indicates the intended layout for the center including building locations, driveways and other required developmenti infrastructure such as parking lots and stormwater facilities, etc. Alsoi included herein are the proposed elevations for the primary building proposed for the site, which do appear to comply with the baseline architectural standards oft the Urban Standards Overlay (USO)i in the Unified Development Ordinance (UDO). All other buildings tol be constructed on the site will also be required to comply Itisa also important to1 note that this property is subject to an existing agreement between the property owner, the City of Gastonia and the North Carolina Department of Transportation that sets forth responsibilities for required roadway improvements along Franklin Boulevard. The applicant's submittal has been reviewed relative to this agreement and does comply with all provisions therein. Ifa approved, this rezoning will allow for development oft the subject property int the manner depicted on thes site plan and consistent with both the agreed upon conditions and the underlying standards ofthe UDO. Ifthel Planning Commission's vote is to approve the rezoning, staff respectfully requests that a formal directive be given to stafft tol bring forward an amendment to the 2025 Comprehensive Plan to reflect ac change fromi residential land use for the subject property to commercial land use. The 20251 Plani indicates residential for the subject property, therefore this request for rezoning to the C-3 zoning district isi inconsistent with adopted plans for the area. Further, this requested zoning change represents as significantly morei intense land use, both ini the types oft uses allowed and the overall development footprint, than the existing zoning designation. Given these factors, staff  area. Conclusion  with these ordinance standards as well.  recommends denial oft the requested: zoning change.  Jason Thompson, AICP Planning Director  On March 3, 2016, the Gastonia Planning Commission voted 5-2 on a motion to deny the rezoning request (Goode, Epstein, Stewart, Biggerstaff, and Armstrong for and Cinq-Mars and Statement of consistency and reasonableness: The proposed rezoning is inconsistent with the Gastonia: 2025 Comprehensive Plan and represents a significantly more intense land use than the existing zoning designation, therefore the City Council considers an affirmative vote to not be  Long against).  reasonable and in the public interest.  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ISV3  TVNOIS DIIVHL G3IVOdn  n TVNDIS DIVAL G3VOdn  Jou L    UPDATED TRAFFICS SIGNAL  SARR  UPDATED TRAFFICSIGNAL  EAST FRANKLINU BLVD- USHWY 74 RIGHT-IN RIGHT-OUT  ROADI WIDENING ALONG PROPERTY FRONTAGE 00000000  0 0op0000099966000090696195  RETAIL  RETAIL  RETAIL  EXSTING ENEN)  DPL  UNDERSTORY TREE EVERGREENT TREE  EAST FRANKLIN GASTONIA, NC  blue  -    EIFSPT-3-  Academy TORTS* TDOORS  ONCRETE CURB  PT4- STONE CAP- PT4- GREYSTONE- LEIFSPT-3 -PT-4 PT-4  LPT-4 LPT5  STUCCOCOLUMNST TYP-7 PT-5 FRONT ELEVATION  BLOCK  Academy  SPLITF FACEC CMUSCREENWALL PT-4  TRUCKV <WELLB  BACKI ELEVATION  ACADEMY'S STANDARD COLORS  PAINT SELE ECTION SWO CMA ACADEMY BLUE SWCMA SW7 GRAY PT-5 CMACADEMY DARK GRAY STUCCOCOLUMNS PT5 ACADEMY DARK GRAY BURNISHED BLOCKANDCAP HEADWATERS: HEADWATERS: GREYSTONE SILLE BLOCK WALLS CONCRETE TILTUPWALL PANEL CANOPY PURE WHITE SW7005  de  Academy  4"X8"X1  SPORTSOOUTDOO,  #245 GASTONIA, NC  RAMP ANDS STAIRD DESIGNS SUBJECT TOCHANGE PENDING FINAL PLAN FROM CIVIL. GUARDE RAILSATE RAMPA ANDS STAIRS NOTS SHOWNF FORCLARITY    SIDE  CONCRETE  Aeademy  STONE  CONCRETE  SIDEE  ACADEMY'S STANDARD COLORS  PAINTS SELECTION PT- SWCMACADEM/BEVE EM RED T-5 ACADENYGRAY DARK GRAY STUCCOCOLUMNS PTS ACADEMYD DARKGRAY BURNISHED BLOCKANDCAP EADWATERS: GREYSTONE GRE SILLBLOCK WALLS CONCRETE TILTUPWALLI PANEL- CANOPY PUREV WHITE SW7005 RAMPA ANDS STAIRDESIGNSS TOCHANGE FROM CMIL. GUARDF RAILS ATF RAMP ANDS STAIRS NOT SHOWNFORCARITY  Academy  PORTS9OUIDOO #245 GASTONIA,NC  GRADINGPLAN    Academy SomgveUrpeyn    Section Profile A Horizontal Scale: 1"=40 Vertical Scale: 1"=40  Section ProfileB Horizontal Scale: 1"= 40 Vertiçal Scale: 1"=40  33  1y  Section Profilec Horizontal Scale: 1"=40" Vertical Scale: 1"=40    Fle# Date Rec  8278  CITY OF GASTONIA APPLICATION FOR PUBLICI HEARING Detach pages 1-101 from this packet andi retain fory your records.  The undersigned dol herebyr make application to the City of Gastoniai fort thel hereinafter described 1. Identify the request (example: rezone from RS-12to0LCCDorc CUP for outdoor storage; etc.) Please Note: Before applyingf fora a rezoning, applicants are advised to determine if their property iss subject top private deed restrictions tob bes suret the intended use ofthe property is allowed. The City of Gastonia neither keeps records of, enforces, nor 2. Gaston County TaxI Identificationl Number:, 1975 2a3334 Subject property address: 3i97 B. FRANKLIN BLVI 3. Ino orderf for ours stafft top placet ther rezoning signs ont the property, please describe whati ison thes subject property and ora adjacent properties (example: ay white frame housei is located on thep property;t the propertyisv vacant with Business) XI located ont the East side). Staff wile erect thes signs approximately: 150 days priortot the meeting. VACANT NCODED FRCPERTY 4. Complete legal description byr metes and bounds of saidr realty isa attachedt tot the application (a copy oft the deedi is sufficient).. SEE ATTAHED PLAT 5. Inc order tob bef familiar with thes subject property the City staff may need tov walk the property. Dov wel havet thep property owner's permissiont to dos so?. YCs 6. Ther real propertyt tot ber rezonedi is ownedi inf fees simple by. HAKGD 3 LNEREREER ' 7. Ther real propertyf forv which thez abover requesti iss soughti isl located ont the Seuth sideof E.8 FOANKLIN BLVD between. MORGAN SHCE STCRE and. RAINEN Ao5PA anda acreage of_ 13.923 SEE ATTACIED Surves PLAT 8. Ares sewer and water: available ont thep property? YES. 9. Thet taxs sheetst for allp persons orfi firms that ownt thes subject land andi land adjacent to or within 100f feet ofa alls sides, incuding property across thes street, fromt thep property for whicht the request iss sought are attached. (Note: When measuring the 100-foot distance, street rights-of- way shallr not bei included int ther measurement.) 10.IFthe applicant does noto ownt thep propertys soughtt to ber rezoned, ther names and addresses of thel legal owners arel listed below. The owner's names andt their addresses arer recordedi int the Gaston CountyT Tax Office. (Use additionals sheets ofp paperi ifnecessary.) HALCLD - LINEFEEGER V. OTHERS 203 N. MAIN ST. BELMONT NC 2502 11.Name anda address of applicant:. MILLAM ROLLERIL, MOWTCASTLE CORP, 203 BRYLES DK. JDHNSON Cy TN 310Z-4034 Telephone #: 423-232-641 E-mail address:. wrellere Metastissparatieo  request andi ins support of this request, thef following facts ares shown: KEZONE FECM C-MCD To 3-02  overrules private deed restrictions.  STHELS ase evidencedi inc deedf from. 4430 havinga af frontage af 1867  recorded in Deed Book int the Gaston County Registry.  atp page. 543  feeta and depth of_ 540'7 MAL) feet  Fax#: 425-237-445  wwwadlyofgastonka.om *P.0. Box 1748, Gastonia, NC 28053 *Phone (704)8 854-6652 *Fax(704)8 869-1960*  11  EXHIBIT 2-12    Flet  12.1 Interest in subjectr realty DEYELGPEP/OHNEZ 13.1 There arer no restrictions or covenants of recorda appearing int thec chain oft title which would prohibitt thep property from being useda asr requested. V True 14.Hast thisp property previously beens subjectt to any oft thef following? conditional usep permit unified development Ifyes, please explain. CRLENTLY IN Ar 15. Name anda address of persont top present item at public hearing3 TFT MNDA 4ol E. FZANELIN ALVD. GASNIA NC 2044  False  planned unit development TENDITIONAL DISTRICT  subdivision, ordinance  Telephone number (704) SA- 3425  certifyt that Ihave read the  information providedi int the publicl hearing information package ont the.  day of  20_  SIGNATURES: All property owners musts sign when eithera a conditional use permit or  CDi is requested.  wwwdyopastonia.com *RO. Box 1748, Gastonia, NCZ 28053 *Phone (704)6 854-6652* *Fax(704) 869-1960*  12  EXHIBIT 2-13    Existing O-M CD Zoning Documents  Approved Zoning Conditions Approved Site Plan Approved Elevations  EXHIBIT 2-14    CONDITIONAL USEI PERMIT  City ofGastonia Case) Filet #4615  Drawn by and return to: City ofGastonia, Box 22  Planning Department Attention: Michelle Nance  CITY OF GASTONIA GASTON COUNTY NORTH CAROLINA  KNOW ALLI MEN BY THESE: PRESENTS, THATJ. Harold Lineberger and others, having applied to the City of Gastonia for a Conditional Use Permit concerning the property hereinafter described, and said permit having been granted by the City of Gastonia on March 21,2006, the terms Location: South side of E. Franklin Blvd. between. Armstrong Park Rd. andl Lineberger Rd.  ofsaid Conditional Use Permit being as follows:  DESCRIPTION OF] PREMISES  Street Address:- -  Tax Mapl Reference: Numbers: 119705 and 117807  SPECIALTERMSAND: CONDITIONS  Zoning Classification: O-M/CUD (Office Medical Conditional Usel District  Conditions:  1. Development shall conform to attached site plan, including building andj parking lot 2. Land use willi include ai maximum of200 dwelling units for senior adults (55 and older). An employee under age 55 is permitted tor reside att thej property. 3. Building construction and materials shall be consistent with the attached representative building elevations, using a combination ofbrick and vinyl building materials. 4. The 100-year floodplain shallr remain undisturbed. This area shall be clearly marked by orange webbing or othert tree save mechanism andi inspected by the City of Gastonia prior 5. Naturally wooded areas outside the 100-year floodplain, including the area along Franklin Boulevard, shall be preserved as noted oni the plan with encroachments for sidewalk and trail construction only. These areas shall be clearly marked and inspected 6. During the phase 1 construction process, no clearing or grading shall occur within the area specified for phase 2. Clearing limits shalll be clearly marked and inspected (per condition #4) prior to any clearing and grading ont the site. Developer will strive to maintain existing vegetation inside the clearing limits, particularly on the south side of 7. No clearing or grading shall occur on the site until a sedimentation controlj plan has been approved by Gaston County and construction plans are approved by the City of Gastonia. For any clearing on the property, trees should falli into the cleared area and not into the 8. A5' wide sidewalk shalll be installed along Franklin Boulevard in a meandering fashion tor minimize disturbance ofe existing trees. Thes street tree requirement shall be fulfilled by the applicant installing 25 canopy trees along phase 1 and phase 21 frontage (in addition to existing landscaping), with 121 trees inj phase one and 131 treesi inj phase 2. Landscaping shall bej planted where needed toj provide thel best coverage when combined with existing  locations on the site.  to, during, and after any clearing or grading on the site. (per condition #4) prior to any clearing and grading on the site.  the property, where possible. areas tor remain in a natural state.  EXHIBIT 2-15    City ofGastonia Case Filet #4615  Drawn by and returnt to: City ofGastonia, Box 22  Planning Department Attention: Michelle Nance  trees. Sidewalk construction and tree installation for each phase shall occur with 9. Property shall be conveyed to the City of Gastonia as noted on thej plan. 10.E Existing vegetation along the rear property line shall be supplemented with evergreen species (to be approved by the City of Gastonia), 8' inl height at time of planting. Landscaping tol bei installed alongt the rear oft the developable area toj provide the best screen possible for the adjacent neighborhood. A minimum of75t trees shall be installed ine each phase. Final location ofp plantings tol be determined by the City of Gastonia and 11.F Parking spaces shall be paved with aj pervious material. Parking lot lighting shall include flush lens, shoebox light fixtures (or other 90 degree downward lighting) that are fully 12.F Freestanding signage shall bei monument style. No wall signage shall be allowed on the 13.Property is bound by the requirements oft the three-way (Lineberger family, City of Gastonia, NCDOT) contract executed October 5, 1988, including any amendments made 14. Right-of-way shall be dedicated along Franklin Boulevard, extending the entire property frontage, tol be measured 60' from the centerline oft the thoroughfare. 15.A1 right turn lane shall be required att the project entrance (100" length with an approved 16. Traffici improvements toi include any required by NCDOT. 17.1 No trash] pick-up or motorized sweeping shall be allowed between the hours of1 10:00 p.m. and 7:00 a.m. No outside amplification devices are allowed on the property. Where the notes ont the site plan differ from those conditions listed ont the recorded conditional use permit, the regulations (conditions) found within the conditional use permit shall govern. IN WITNESS WHEREOF, the City ofGastonial has caused this instrument to be executed ini its name as evidence oft thei issuance ofs said permit, and the undersigned' being all oft the property owners oft the property above described, having executed this instrument in evidence oft their acceptance of said Conditional Usel Permit as a covenant running with the land unless subsequently changed or  construction oft that phase.  installation to occur with the development of phase I  shielded around the outside oft the globe to direct light downward.  rear of any structure. thereto by all parties.  taper).  amended as provided fori int the City of Gastonia Zoning Ordinance.  CITYOF GASTONIA BY:  Mayor  ATTEST:  (Corporate Seal)  (Deputy) City Clerk ACCEPTED:  Archibald C.I Lineberger, III, Attorney-in-Fact: for  Lillian] Lineberger McKay, Hamilton W.N McKay, Jr., Harriette Lineberger Steele, William L. Steele, III, Louise Lineberger Roberts, William T.) Roberts. Jr., Jane Lineberger Huffard, John C. Huffard, Annel F. Henry Abell Lineberger, III, W. Sullivan Lineberger, Jr., Sally A. Spear, Pace B. Lineberger, Michael Alice Lineberger Harney, Cason) Lineberger Trask, Elisabeth! Lineberger Lyon, Peter B. Lyon  Lineberger Tribble  E.H. Sayre Lineberger, Attorney-in-Fact: for C.Heidi Trask, Jr., Attorney-in-Fact: for  EXHIBIT 2-16    STE DATA: TOTAL E 1B23AED +11.50 TOTAL AREA TO BE DONATED TO CITY OF GASTONIA OR CONSERVATION AGENCY: +28.75AC  LAND TO BE DONATED  peelare Group  ospe Delga  LAND TO BE DONATED  DRG OVERALL SITE PLAN  Shest    SCALE 1"=300" MEANDERING SIDEWALK (SIDEWALK OUTSIDE OF FRANKLIN BLVD. ROW WILL BEIN SIDEWALK EASEMENT)aIse  12 RIGHT TURN LANE 100' STACKING/240 TAPER PHASE 2  RoW ROW TO BE DEDICATED (60' FROM C/) PHASE 1  PUBLIC R/W VARIES U.S. HIGHWAY NOS. 29& 74  CSSXR ELE A  CCESS ROAD  ERVOUS PAVEMENT IN PARKING SPACES E  piflarce Group Tanisospe Architecture -Urban Dudga Cvi DRG CONCEPTUAL SITE PLAN  FIRE/ AccEss RGAD/ DUMPSTER  M UNITS  EKISTING PIPES/A. DRAINAGE O/TCH  AR FL96D YINE  YARD  GRAVEL FIRE  DRAINAGE DITCH  AND TO'BE DONATED  LAND TO BE DONATED  LANDSCAPE ALONG REAR PROPERTY LINE, PER DEVELOPMENT NOTES  SCALE1 "-50' Shoet    KATE  SIIE. DAIAL PARCEL  05-034 1345-4-815 "V /1/9).  PoPosCO  SCALE 1"-300 WALK - SDEWAL  RIGHT RN LANE 100' STACKING/240 IAFER PHASE 2  EXSTNG W RCW (éc' FROM-CA JO_BE GEDIGATED PHASE  FRANKLIN BLVD. PUBLIC R/W_VARIES us. HICHWAY NOS, 29474  ESS AD  PRSburce Groupl landacape Arehilectere Urban Diala nis Englovering landr Planaing DRG CONCEPTUAL SITE PLAN  E DUMP  EKSTG PPES DRAINAGE DyrCy  PAME IRE ACÇE  LAND TO'BE DONATED  LAND TO BE DONATED  REAR ANDSCARE. PROPERIY PER DEVELDPMENT  SCALE M-so/ Shast    File No. 4615  J.J Harold Lineberger and others  E HEHn E  HB - E - E E  F  a  F  Proposed Front Elevation  EHERCT HEHa ERE  EE  EF EB -  EE  EG EE  EE - HB: a E FRO  E  Proposed Rear Elevation  EXHIBIT 2-20    E E - H ela HE E ABax EH HI MM EE HE  REAR ELEVATION   - a HEET B BIEHD B HED E  B HT BIB HLE  Hi E HE  E  HHEE BHE E B EE EH EI HE - E HE - HE - E - HE EH H  B B EE EE EE  E  H E  D E  E HE B E HH E  - EE EE  HH #H  ET B  - I E E H - EH E E E    SIDE ELEVATION  REAR ELEVATION  Sc-    MEMORANDUM  TO:  MAYOR AND CITY COUNCIL  FROM: L.ASHLEY SMITH, CITY ATTORNEY  DATE: RE:  APRIL 11, 2016  PUBLIC HEARING ON AND ADOPTION OF RESOLUTION  CLOSING KINGS DRIVE  Pursuant to N.C.G.S. Section 160A-299, T. Lamar Robinson, Jr. as Trustee for the Prior Shareholders and their Successors in Interest of Invesco, Inc., a dissolved North Carolina Corporation, has petitioned the Staff has no objections to the closing of Kings Drive. Iti is recommended that Council approve the attached Resolution to close a Kings Drive as  City to undedicate Kings Drive (map attached).  described.  Ah L.Ashley Att.  Smith,  :  City Attorney  mem004  EXHIBIT 3-1    DRAWNI BY & MAIL TO: CITY OF GASTONIA LEGAL DEPARTMENTROD BOX# #22  RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF GASTONIA, NORTH CAROLINA TO CLOSE KINGS DRIVE  THAT WHEREAS, T. Lamar Robinson, Jr. as Trustee for the Prior Shareholders and their Successors in Interest of Invesco, Inc., a dissolved North Carolina Corporation, has requested that the City Council of the City of Gastonia, North Carolina, withdraw from dedication Kings Drive, pursuant to Section 160A-299 of WHEREAS, pursuant to said Request, the City Council did on March 15, 2016, establish a public hearing for April19, 2016, by Resolution to consider the WHEREAS, it appears that T. Lamar Robinson, Jr. as Trustee for the Prior Shareholders and their Successors in Interest of Invesco, Inc., a dissolved North Carolina Corporation, is the owner of the real property which adjoins the streets and alleyway to be closed and that the public hearing has been properly advertised by publishing the notice for four (4) successive weeks in the Gaston Gazette and, further, by prominently posting copies of the notice of the public hearing in at least two places alongt the portion of the street to be closed; and WHEREAS, pursuant to said notice duly given, a public meeting of the City Council oft the City of Gastonia, North Carolina, was held at 6:00 p.m. on the 19th day of April, 2016, in the Harley Gaston Public Forum Room in the Gaston County Courthouse, Gastonia, North Carolina, to consider the request for the WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, that the closing of Kings Drive, as described by the Resolution of the Intent to Close of the City Council dated March 15th, 2016, is not contrary to the public interest, and that no individual owning property in the vicinity of the street would thereby be deprived of a reasonable means ofi ingress and egress to their WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, North Carolina, that all the requirements of law have been fully complied with pertaining toi the closing of said street described herein; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 160A- 299 of the General Statutes of North Carolina, Kings Drive, shall be and the same is hereby closed and withdrawn from public dedication and public use, BE IT FURTHER RESOLVED that at the expense of the Petitioner, a certified copy of this Resolution duly adopted by the City Council of the City of Gastonia be recorded in the Office of the Register of Deeds for Gaston County,  the General Statutes of North Carolina; and  request as proposed; and  closing of Kings Drive; and  property by reason of the closing of the described street; and  North Carolina. RES1787  EXHIBIT 3-2    This the 19th day of April 2016.  Mayor John D. Bridgeman  Attest:  (Deputy) City Clerk  RES1787  EXHIBIT 3-3    EXHIBIT "A"  DESCRIPTION FOR KINGS DRIVE PLAT BOOK 8 AT PAGE: 34 GASTON COUNTY REGISTER OF DEEDS OFFICE  LYING and being in the eastern suburbs of the City of Gastonia, Gaston County, North Carolina, and being more particularly described as follows: BEGINNING at a point in the southern right of way of Queen's Lane, said point of beginning being the point of intersection of the southern right of way of Queen's Lane and the southern right of way of Kings Drive; and, runs thence South 18 degrees 02 minutes West 191.95 feet to an iron; thence, South 56 degrees 46 minutes West 925.00 feet to an iron, the northwestern front corner of Lot 47 in Block A of Oaklawn Park Subdivision according to plat thereof recorded in Plat Book 18 at Page 34 in the Office of the Register of Deeds for Gaston County, North Carolina, to which reference is hereby made; and, runs thence North 33 degrees 14 minutes West 60 feet to an iron, southwestern front corner of Lot 43 in Block B of Oaklawn Park Subdivision, Plat Book 18 at Page 34 in the Gaston County Registry; thence, North 56 degrees 46 minutes East 904.28 feet to an iron; thence, North 18 degrees 02 minutes East 170.49 feet to the southern right of way of Queen's Lane; thence, South 71 degrees 58 minutes  East 601 feet tot the POINT OF BEGINNING.  RES 1787  EXHIBIT 3-4    EXHBIT B  ou w&  PRESLARTRL  HICKORYHOLLOWI RD  DR RIDGE  JN7 TINGTON  TE E4  FOREST E  SUBJECT SITE  QUEENS  ST  EXHIBIT3-5    MEMORANDUM  TO: FROM: RE: DATE:  Mayor & Council Ash Smith, City. April7,2016  heh  Resolution to the General Assembly Requesting Charter Revision  Following up on Council's discussions this past quarter about housekeeping changes to the Gastonia City Charter, attached you will find a Resolution asking that the local legislative delegation from Gaston County introduce a Local Act making the proposed changes. The proposed changes are also included and have been updated to reflect the motion made at the Council meeting on April 5,2016. A copy of the notice ofp public hearing is also included. The delegation suggested that a public hearing would be helpful in order to demonstrate to other members oft the General Assembly that the Council sought public input on these changes and that Representative Dana Bumgardner has agreed toi introduce the local bill. Thel Legislative Drafting Office may assist with other technical recommendations. According to the General Assembly's longstanding practice and procedure, resolutions from local governments requesting local bills must be unanimous especially during the short session (2016 is a short session). May 3rd is the deadline for bill drafting and May 19th ist the cutoff for the introduction ofbills. Saffsrecommendation ist that Council adopt the attached Resolution unanimously.  thej process was transparent.  EXHIBIT 4-1    RESOLUTION OF THE GASTONIA CITY COUNCIL REQUESTINGALOCAL. ACTTOI REVISE' THE CHARTEROF  THE CITY OF GASTONIA  WHEREAS, the Charter of the City of Gastonia was last revised by the North Carolina WHEREAS, there are several references in the current Charter that have been rendered WHEREAS, the City Council oft the City of Gastonia unanimously believes it would bei in the best interest oft the health, safety and welfare of the citizens of Gastonia to update the WHEREAS, the City Council respectfully requests the local legislative delegation from Gaston County to submit this Local Act to the North Carolina General Assembly for its NOW, THEREFORE, BEI ITI HEREBY RESOLVED that the City Council oft the City of Gastonia requests the General Assembly of the State ofl North Carolina, during its May 2016 General Session, to enact the appropriate legislation amending the Gastonia City  General Assemblyi in 1991; and moot! by other legislative changes; and  City Charter to reflect the current state oft thel law; and  consideration and approval;  Charter as set: forthi inj Exhibit A attached hereto.  This  day ofApril1,2016.  John D. Bridgeman, Mayor  City Clerk Res1791  EXHIBIT 4-2    GASTONIAC CITY CHARTER  ARTICLEI.-I INCORPORATION,  POWERSA ANDB BOUNDARIES  Section1 1.1.-1 Incorporation. toasthe" City." Section1 1.2.- Powers.  The City ofG Gastonia, North Carolina in Gaston County and its inhabitants shall continue to bea municipalb body politica ando corporate, undert ther name ofthe" "Cityo of Gastonia," hereinaftera alsor referred Thec Cityl hasa andr maye exercise allo oft thep powers, duties, rights, privilegesa andi immunities conferred upont the City ofG Gastonia specificallyb byt this Charter or uponr municipal corporations bys generall law. The Thec corporatel limitsa aret those existing: att thet time ofratification ofthis Charter, assetf forth ont the officialr mapc ofti the Citya anda ast theyr may! be alteredf fromt time tot timei in accordance withl law.A An official mapo ofthec City, showingt thec currentk boundaries, ismaintained permanently int the office ofthe City Clerk andi is available for publici inspection. Withina a reasonable1 time upon alteration oft the corporate limits made pursuant tol law, the appropriate changes to the official map shall ber made and copies oft the changess shallbefi filedi int theo officed ofthes SecretaryofState, the Gaston County Registero ofD Deeds, andt the  term" generall law"i isemployed! hereinas defined inG.S.1 160A-1.  Section1 1.3.- Corporatel Limits.  appropriatel boardo ofe elections. Section2 2.1.- Mayor and City Council. tohereinafter: ast the" "Council."  ARTCLEI.-GOVERNING: BODY  The! Mayora andt the City Councilo compriset thes governing! body ofthe City. The City Councilis isreferred Thec Counciliscomposed: ofsix( (6)n members whor residei int ther respective wardsa asp providedi inA Article Illoft this Charter, butv whoa are elected by allthec qualifiedy voters oft the Cityf fort terms offour (4)y yearso or untilt their successors are electeda ando qualified, provided, effective as oft the 2015 election inc ordert to implement staggered termsf for Cityo Council, thet three (3)d councilr members electedf from Wards1 1,2and 5s shalls serve fort terms oft two (2)y years; and provided further, effective as oft the 2017 election and thereafter, allo council members elected shalls serve for terms off four (4) years as elected in staggered  Section2 2.2.- City Council Composition; Terms ofo Office.  bienniale elections.  (Ord. No. 06-513,$1,7-18-06 Ord. No.: 14-634,91,1021-14) Section2 2.3.- Mayor; Termo ofo Office; Duties.  The Mayori is elected bya all thec qualified voters of the City fora at term of two (2) years or untila a successori is electeda ando qualified. The Mayori ist thec official heado ofthe Citye government andp presides at  EXHIBIT 4-3    GASTONIAC CITY CHARTER  meetings ofthec council, hast the righttov vote ona allr matters beforet thec Council, butis isnotr requiredt tov vote except whent the Mayor's vote isr necessary forc determinative: action. The Mayor exercises powers and dutiesc conferredb by lawo ora aso directedk byt thec Council. Failure ofthe Mayort tov votev when present, orv when theN Mayor hasn notb beene excused, ona anys such mattersw whent the Mayor's votei isrequired! bythiss section,  Commented  isdeemeda ana affirmativev votea ands shall bes son recorded. (Ord. No. 06-513, 52,7 7-18-06; Ord. No. 14-634,52,1 10-21-14). Section2 2.4.- Mayor Prol Tempore. Section2 2.5.- Meetings.  [A1): Typographicale error  Thec Councils shalle electo onec ofitsr membersa as Mayor ProT Tempore top perform thed duties oftheN Mayor duringt the Mayor's absence oro disability, ina accordancey with general law. Thel Mayor ProT Tempore shall serveir ins such capacity att thep pleasured ofthec othern membersofti thec Council. Ina accordance withg general law, the Council shalle establisha as suitable time and place fori its regular meetings. Speciala ande emergencyr meetingsr mayb beH helda asp provided! bys generalla law. Coder reference--Metings; 52-16 ets seq.; generalr meeting procedures, $2-16ets seq. Unless otherwises stated! herein, officiala actions ofthe Councila anda ally votesa aret takeni ina accordance witht thea applicable provisions ofg generall law, particularly G.S.1 ------ to-a-protest -As quorumi isasp providedi in G.S. 160A-74. Section2 2.7.- Compensation; Qualificationsf for Office; Vacancies. Thec compensation: ando qualifications ofthe Mayora and Council arei in accordance with general law. Vacanciest thato occuri ina anye elective office ofti the Citya aret filleda asp providedi inG G.S.1 160A-63.  Section2 2.6.- VotingR Requirements; Quorum.  Commented IA2):P Protestp petitionsh haveb beena abolished tobedeleted. bytheGeneralA Assemblys sot thiso outdatedr referencer needs  ARTICLEII.- ELECTIONS  Section 3.1.- Regular Municipal Elections.  Regular municipal electionss shall beh heldi in odd-numbered years beginningi in November.: 2015, in accordance witht the uniform municipal election laws of North Carolina. Elections are conducted ona nonpartisan! basisa andt ther results determined usingt ther nonpartisan pluralityr method asp provided inG.S. 163-292.F Forp purposed ofelectiono ofCouncilr members, thec Cityiso dividedi intos sixg geographicals subdivisions knowna asv wards, providedt thata allqualifiedv voters ofthe Cityn mayc castav votef foreachs seat. Thev wardsare numberedf from onet to six,a anda area as shown on thee existing official map ofthe City or ofthee election  wards, ast theyr mayb ber revisedf fromt timet toti time. (Ord. No. 06-513, $3,7 7-18-06); Ord. No.1 14-634,53,1 10-21-14 Section3 3.2.- Election ofCouncil.  2  EXHIBIT 4-4    GASTONIA CITY CHARTER  AlICouncilr memberse electeds shalls servei fort terms offour( (4)y years; provided, effectivea asc ofthe: 2015 electioni inc ordert toi implement staggered terms for City Council, thet three (3) councilr members elected fromV Wards1 1,2and5s shalls servef fort termso oftwo( (2)y years; andp providedf further, effectiveasofthe: 2017 election andt thereafter, allc councilr memberse electeds shalls servef fort terms off four (4)y years as electedi in. staggered bienniale elections. Eacho Councilr members shallb bear resident ofthev ward hec ors sher represents. AMayors shallb bee electede everyt two (2)y years, beginningi inl November, 2015ine eachr regularr municipal Speciale elections andr referendums may be! heldo only as provided bye generall lawc or applicable local ARTICLEIV.- ORGANIZATION/ ANDA ADMINISTRATION; CITYN MANAGER  (Ord. No. 06-513a, 51,6 6-3-08; Ord. No. 14-634,54,10-21-14) (Ord. No. 06-513, 54,7-18-06; Ord. No. 14-634,55, 10-21-14) Section3 3.4.- SpecialE Elections andF Referendums. actsofthe GeneralA Assembly. Section4 4.1.- Form ofGovernment. Article7 7ofc Chapter 160Ad ofthe General Statutes. Section4 4.2.- City Manager.  Section3 3.3.- Electiono of Mayor. election.  The City operates under the council-manager form of government, in accordance with Part2of Thec Councila appointsa aCityN Managerv whois isr responsible fort thea administration ofallo departments of thec Citys government." The City Manager hasa allt thep powers andd dutieso conferred byg generall law, excepta as expressly! limited! byt thep provisions oft this Charter,a andt thea additional powersa andd duties conferred! Thec Councils shallh holdt the City Managerr responsiblef fort thep properr management ofthea affairsofthe Citya andt the City Managers shallk keept the Council informed oft ther needs andi conditions oft the shall makes suchr reportsa andr recommendations: asmayb ben requestedbyth thec Councilo or ast the Cityn Manager City and deemsr necessary. Neithert the Mayor, the City Council, ora anyr member oft the City Councils shall or privately direct thec conduct ora activities of any City employee, either directly ori indirectly, publicly except  Council, sof farasa authorizedk bys generall law.  bythe  throught thec City Manager. Coder reference--Cityn manager, $3-1. Section4 4.3.- Approvala andE Executiono of Contracts.  The Council may adopt an ordinance that delegates to the City Manager the authority to award, CityT Thisa authority ofthe City Manager toa award, approve, ande execute certain contracts shall bes  Commented [A3): Thelanguagep proposedt ofthe CodeofOrdinances. Inordert avoidu unnecessary review anda approved contractsisr recommendedtobe includedinthec Charter.  approve, ande execute certain contracts,as revieweda anda approved! bythe City Attorney, onk behalf ofthe belowinthiss samesectionisr repeatedv verbatimi tobed in Chapter3 deleted tot thet terms, conditions, andl limitations ass setf forth byt the Council int thec ordinance, andt thec ordinance subject repetition,it Ther referencetot itis proposedt ther requirementt tobed deletedh theCity. the Attorney Charter.  EXHIBIT 4-5    GASTONIAC CITY CHARTER  shallr requiret thata all contracts awarded, approved, ande executedp pursuantt toi thata authority ber reported The typese of COREBES-that-may be-approved-b by-the- City- Manager under-an Contractsf fort thep -----w erequipment and epairworip athAAyCNmaN AAePPstaw  byt the City Managert tot thec Councili inati timelyr manner. pursuan his sectien ayinclude:  adepted  uessalyp-ierhepw eviewed approved- he mORetBFYaROURES: dheGeReRISaNEES materials, opriation-i in the- annual unde contract, that provided- that the contract- amount dees-net Councilint thee erdinance-  underthecentrack previded-thstthe.cent the- City ncil has the- fiscal yea for-the has- been reviewed andappreved-by the menetary sut the routinea in ved-  formal  5 he  the penliture-sffumds provided thatt the purpeses- specified  dlecisionst thata are  Section4 4.4.- Settlemento of Claims. tothed City.  (a) The City Manager may, upon written recommendation of the City Attorney, execute releases of persons, firms, ando corporationst forc damagest top personal property belongingt tot the City, when the fulla amounto ofo damagest tot thep property! hasb been ascertained: andt thata amount! hasb beenp paidi inf full (b) The Counciln maya adopta and ordinance thatd delegatest tot the City Managert the authority, upony written recommendationi fromt theC CityA Attorney,t to approves settlements onb behalfofthe Cityi inalici claimso or lawsuits ofa any kind or nature involving the City, including land condemnation lawsuits, andt to execute anya anda all documents necessaryf fort thes settlemento oft those claims orl lawsuits, whent the monetarya amounti involvedo doesn note exceeda ana amounts setf forth bythec Councilinthec ordinance. All such settlementss shallb be reportedt tot thec City Councili inat timely manner ands shallb bes subject tot the applicable provisions ofther Public Records! lawa ass setf forthi in Chapter: 132 oftheG Generals Statutes.  ARTICLE V.- OTHER OFFICES ANDF POSITIONS  Section5 5.1.- CityA Attorney.  The Council shalla appointa CityA Attorney! licensed toy practicel lawi in North Carolina. Itisthed dutyo of the City Attorneyt tor representt the City, advise Cityo officials and perform other dutiesr required byl lawo or asthe Councilr mayd direct. The Councilr maya appointo orp providef foro onec orr more associate or assistanto city attorneys whos shall receive such compensation: as mayb bef fixed byt the Councila andv whos shall have full authorityt toe exercisea andp perform anyo ofthep powers andd duties ofthe City Attorneyt thatn mayb bes  bythe Councilo orti the City Attorney.  specified  EXHIBIT 4-6    GASTONIAC CITY CHARTER  Coder reference--City: attorney, $3-3. Section5 5.2.- CityClerk. Coder reference--Citys clerk,53-2. Section5 5.3.- Tax Collector. Collector,  Thec Councils shalla appointa City Clerkt tok keepa journalofthe, proceedings ofthe Council, tor maintain officialr recordsa andd documents, tog given notice ofr meetings, andt top performs sucho othero duties lawo orast the CityN Managern mayd direct. The City Clerks shallr report tot the City/Manager. requiredby Commented Thec Council shall appointa Tax Collector pursuantt to G.S.: 105-349 to collect allt taxes owed tot the City, subject to general law, this Charter and City ordinances. Pursuant toa ani interlocal agreementas authorizedb by generall law,t the Council maya appointt the Tax Collector of Gaston Countya ast thec City'sTax Thec Councilr maya authorize otherp positionstob bef filled! bya appointment! by the City Manager, andr may organizet the Cityg government asd deemeda appropriate, subject tot ther requirements ofgenerallaw.  [A4):T Thisa additionw willr recognizethe longstandingp practicet thatthe Clerkr reportstothed City Mansermadybdybasi:  Commented [A5): Again, toreognizelongstanding  Section5 5.4.- OtherA Administrative Officers and Employees.  practices.  ARTICLEVI.-I PUBLICI IMPROVEMENTS  Coder reference--Publick works, utilities, andt transit, 53-91e etseq. Section 6.1.- Authorityt tol Waive Special/ Assessments.  Commented [A6): Staffsconsensusisthat Article 6has Article needstobed deleted.  (a). Inadditiont tothe authoritys grantedb by Article1 10ofc Chapter 160Ad ofthe Generals Statutes, the consultingv notbeenu usedm witht muchi thel LegislativeD inthelastd Drafting decade. Officetoseeifthis Wer recommend  Council may ordert thatas speciala assessment! bev waived upona a determination thatt thep property tothea assessment willn notb beb benefited! byal locali improvement. Inthec cased ofassessmentsf forv water subject seweri improvements, examplesc ofr nonbenefited; propertyr mayi include propertyt thatisr nonbuildablec and due tot topography ora applicablez zoning or building requirements (lots size, setbacks, etc.), property that has accesst to existing Cityy watero ors sewerf facilitieso on ora abuttingt thep property, andp propertyt thatiso Inc ordert toh have property considered forav waiver undert thiss section, thec owner shalls submit tot the City Clerk, notl latert thant thet timec oft thep publich hearing ont thep preliminaryr resolution: adopted under G.S. 160A-223, an application on at form supplied byt the City." The Council may provide for an appropriate application fee. The application shall describe the property adequately ands specify the reasons the property would notl beb benefited! byt thel locali improvement." The Councils shall schedulea aj public hearing, ands shallp provider noticed ofthel hearingandi itsp purpose tot thec otherc owners ofp propertys subject tos special assessmenti fort thep project byf firsto class mailn notl lesst thans seven (7) daysb beforet theh hearing. Citys staff  servedb bye existing Cityy water orsewerf facilities.  currently  membersr mayi investigatet thea application.  EXHIBIT 4-7    CITY CHARTER  Att the hearing, the owner of the property under consideration, the owners of other properties subjecttoa assessmentf forti thep project, ando Citys staff, mays submite evidence. Thec Council shallo considert the Ifthe Councilc concludes, basedo onit its findings offact,t thatt thep propertyv willbeb benefited byt thel local improvement, it shall ordert that ther requestf for waiver be denied. Ift the Council concludes thatt the property willr not be benefited byt the local improvement, its shall ordert thes special assessment for the propertyt tobew waived. Ifaw waiveri isgrantedt thep propertys shallt thereafterb beli listedo ont thea assessmentr roll buts shallb bes specifieda ase exempt, andt thea assessmentr rolls shalli includea abriefd description ofther reasonfor Ifthe ownero oft thep property under consideration, ort thec owners ofa anyo otherp propertiess subjectt to assessment fort thep project, are dissatisfiedv with thea action oft the Council undert this section, anotice of appealr may bef filedt tot thea appropriate division ofthe General Court of] Justice asp providedb by G.S.1 160A- (b)! Ina additiont tot thea authoritys grantedb byA Article 10ofChapter: 160A ofthe General Statutes, the Councilr mays ordert thatas speciala assessment! bev waivedif ifthep property subjecttot! thea assessmentisc owned byl ()t thes State, ora anyb board, agency, commission, ori institution thereof; (i)a al localg government ora unitt thereof; or( (l)as schooll board. Such waivers shallb bec orderedi in accordance witht thep procedure any set (c) Ifas speciala assessmentp projectr requiresap petitions signedb byar majority ofthea affectedp property ownersv whon musta alsor representai majorityo ofthef frontage: abuttingt thep project, the Councilmaye exciude, inc determining ther number ofp property owners ort thea amount off frontage, any property that has been (d) The autharity granted to the Council byt thiss sections shall apply retroactively to alls special assessment projectsf forv which thea assessmentr rolll hasr noth beend confirmedo ont thee effectived date ofthea act establishing thisa authority, provided that thep public hearing on any request forv waiver is held priort to confirmation ofthe assessmentr rollf fort thep project. Suchv waivers shallb be orderedi ina accordance witht the procedures setf forthi inp paragraph (a)ofthiss section, exceptt thatthed deadlinei fors submittingt the application shailb benol latert thant thec dayo ofthep public hearing ont the preliminarya assessmentr rolla adopted underG.S. (a) Upon receipto ofap petitionf fromo onec orr more owners ofa abutting property where fifty percent (50%)orn more ofthet totals street frontagei isins singlec ownership,t the Councilr mayo ordert ther makingofany locali improvement." The Council maya assess the costt thereof against thea abutting property int thes same manner and followingt thes same procedure established by general law forr making special assessments (b) The Councilt mayo ordert ther makingo ofa anyl locali improvement: anda assess thec costt thereof, except the City's portion, ifany, against onlyal limitedr number of abutting properties ift the those propertiess submitap petition askingt thatt the improvement ber made andt thatt thet totala amountt owners tobe assessedf fort thei improvement: bea assessed only: againstt theirp properties.  evidencea andn make findingso offact.  thev waiver. 230.  forthi inp paragraph (a)o ofthiss section.  waivedf froms speciala assessment undert thiss section.  160A-227.  Section6 6.2.- Assessment/ Against Petitioned Properties. against property benefited! byl locali improvements.  of  EXHIBIT 4-8    GASTONIA CITYC CHARTER  Sectione 6.3.- Authorityt to Order Streeta ands Sidewalk Assessments WithoutF Petition. If,inti the Council'sj judgment, whichs shall be conclusive, thea abutting property tobea assessed willb be benefitedi in ana amounta atl leaste equal tot thea assessment, the Council may ordert then making oft thel local improvement withoutt ther necessity ofay petition andr may assess thec costt thereof against the abutting (1) Whena anys street orp parto ofas streeti isu unsafe; ort thei improvement ofas street orp parto ofas street notn moret thant three (3) blocks ini iength (or 15001 linearf feet, whicheveri isl less)i isr necessaryt to streets already paved; orthei improvement ofas streeto orp parto ofas streetis isnecessaryto connecta a paveds street, or portion thereof, with a paved highway; or thei improvement ofa street orp part ofas street isr necessaryt to provide ap paved approach toar railroad, street grade separation, or a bridge; or1 the widening ofa any street or part ofas street is necessary to When anys streeto orp part ofas street, or any property, isv without storm sewerc or other surface drainagei improvements, ands storms sewer oro others surface drainage should bep providedi in the (3) Whena anys street orp parto ofas street iswithouts sidewalksa ands sidewalkss shouldbep providedinthe (a) The Council may establish schedules of exemptions from assessments for corner whena alocali improvement; projectisu undertaken alonge either orb boths sideso ofs suchl lots. Thes schedulesof lots exemptions shallb bee establishedi ina accordance withA Article: 10ofChapter 160A oftheG Generals Statutes. (b) Once an exemption from assessment has been applied to a corner lot under al local improvement project, such lot shall not be subject to further assessment under a separate local improvement; projectf fort thes samet type ofimprovement, unlesst thel loth hasb beens subsequently  propertiesi int thef following cases:  accommodate presenta anda anticipatedv volumes oftraffic.  publici interest. publici interest.  Section6 6.4.- SpecialA Assessment Exemptionsf for Corner Lots.  which caset ther newl lot(s)s shallb bes subjectt toa Section6 6.5.- Other Special Assessment! Exemptions.  divided,in  (a) Whena special assessment is made ont theb basis oft thef frontage abuttingt thei improvement, andt thep property subjectt tot thea assessment is currently used fors single-family residential purposes, Counciir maye exempts suchp propertyf froma assessmentf fort thea amount offrontageir ine excess oftwoh hundred the ()V Whena a special assessment ist made on the! basis ofthef frontage abutting thei improvement, andt thep property subjectt tot the assessmenti is currently used fors single-family residential purposes, the Counciir mayassesss suchp propertyf forf fortyf feet (40)offrontagee evenif ifthea actualfrontaged ofthep property  feet (200).  islesst thanf fortyf feet (40'). Section6 6.6.- Sidewalka and Driveway Repair.  EXHIBIT 4-9    GASTONIAC CITY CHARTER  Ifthe Council determines that the public interest requires repair ofa sidewalk or portion ofa driveway withint thes streetr right-of-way, thec Council mayo ordert then makingo ofar repaira anda assesst thet total costa againstthep propertya abuttingthes sidewalko or driveway repaired. Beforea ana assessmentn mayb ber made for ther repair, at leastt thirty (30) days' written notice shall bes given to the abutting property owner personally or byn registered ord certified mailt tot thec owner's lastk knowna address ort thec owner's addressa as showno ont thet tax records. Ther notice: shalls statet thatt thec owneri isr requiredt tor maket ther repair athiso own expensei inc conformity with Citys standards ands specifications, andt thati ifhe-ther propertyo owners shallf fail tor maket ther repairv withint thirty (30)o daysa aftern noticei iss served, the Cityt thereupon mayr make ther repair anda assesst thec cost, Ifthe Councilf findst thata anys sidewalko or drivewayi isinn needo lofir immediate repair, the Councilr maya adopta resolution setting outit its findinga and directingt thatt ther repair ber madei immediately and1 thatt thec cost bea assessed against thea abutting property without priorr notice to thep property owner Itisther responsibility ofthea abuttingp property ownerton maintaina any property or drivewayb between  affected.  Section 6.7.- Planting Stripa and Driveway Maintenance. thep propertyl linea andt thee edge oft thep pavement ort thec curb ofap paveds street.  ARTICLEVII.- HOUSINGI MATTERS  Section7 7.1.- Gastonia Fairk Housing/Act. Chapter5 510, Session Lawso of 1989. Coder eference-Diserimination inh housing, ch. 19. Sesion72-Reserves,  The Gastonia Fairk Housing Acts shall continue asa authorized by Chapter 902, Session Laws of 1985 missen/ianbedes Commented [A7):A AsktheLegislative! Drafting Officeif  (Regulars Session: 1986), asa amended by Chapter 931, Session Lawso of 1987 (Regular Session 1988); and  eetien3efChapters 158,5 Session- Lawse of1 --  72pertained ow---wwA fem:the1982Cede  ARTICLEV RETIREMENT  Commented IA8):T TheG GeneralA Assemblya abolishedthe Firemen'ss SupplementR RetirementF Fundin2 2001 andits weret transferredtothelocal: Firefighters ReliefFund tablishedbys statel law. Thep Polices Supplemental Retirement againstt the Fundrand City bypolicere retirees was in2005. decidedintheGitys Alawsuitfiled the4 4th Circuit Courto of Appealsin 2011. Both the Charter are obsoletea and: shouldbe  Gastonia- Firemen'ss The Gastenia- FiremenisSupple ssion aws of Chapter 1016, Session- Firee depariment,53-53. Gastenia- Pelicemen'ss SupplementsiRetiement The Gastenia Pelicemen'ss Supplemental Retirement Fund 946, Laws-ef1955, asa amended-by Chapter112,Session ef1959; Chapte  deleted.  MxdH1965,sm6Ghpiers,Seseniow:  EXHIBIT 4-10    GASTONIAC CITY CHARTER  - Sections 9.1.- Public Enterprise UserF Feesa and Charges.  ARTICLEIX.- ADDITIONALI PROVISIONS  foru Notwithstanding thep provisions ofG.S. 160A-314, ora any other provision oflaw, inc case any charges utility service orf fort theu used ofu utilityf facilities, ors solidy waste collection or disposal duea ando the Citya arer notp paid withint ten (10) days after they become due,t thens such chargesa and any owingto assessedf for nonpayments shallb becomea al lienu upont thep property served orin connection withv whicht penalties the service orf facility is useda and upon allp personal property's situated upons such real property, as originally authorized by Chapter 910, Session Laws of 1971." The charger maya ata anyt timet thereafter bec either bys suiti in ther name oft the City or byt the Cty-appointed" Tax Collector. throught the sale collected, ofthe property uponv whicht theli liena attachesa att the Gaston County courthouse door, aftera advertisingt thes sale once a weekf forf four (4)s successive weeks inar newspaper of general circulation in the City which is qualifiedt to carryl legalr notices. Thes sales shallb ber made under thes samer rulesa andr regulations, ands subject to thes same costs and penalties andt tot thes same rights of redemption as are provided by law for the Thec Cityo ofGastonia! Board ofA Alcoholic Beverage Controls shallo consist offive( (5)r membersa appointed fort three-year overlapping terms as originally authorized by Chapter 910, Session Laws of1 1971, before the effective date of Chapter 18B of the General Statutes. Otherwise, the City of Gastonia Board of Alcoholic Beverage Controls shall! bes subjectt tot thep provisions ofA Article 7of Chapter 18B ofthe General  foreclosure ofthell lieno onp personal property andc onr reale estatef fort taxes.  Section 9.2.-A AlcoholicE Beverages. Statutes of North Carolina. Section-s Repealed  SegnmingHNsChaser  Petition-Veting.  the Couneilt that mayk ber requiredf fora zeninge change under G.S160A- allt ther members-ofthe Couneil nete excused from-veting, Chapter 910, Sessien- Lawsef1 9P1-emsireferenseise Chapter 176, Session  1983)- For-purp  Commented [A9): Protest petitionsh haveb beena abolished bythe Assemblys so this outdatedr referencen needs Commented [A10): Revisions ofG.S. 20-97bythe GeneralA Assemblyh haver renderedthisp provisionin Gastonia'sCharter obsoletez andits shouldbec deleted.  tobec deleted.  the Councilmay  w-w-wowew  EXHIBIT 4-11    GASTONIACITYC CHARTER  Section9 9.6.- Lease ofc CityF Property.  Asoriginallya authorizedb byo Chapter 910, Sessionl Lawso of 1971, notwithstanding the provisionso ofG.S. 160A-272, thec Council mayl lease property ownedb byt thec Cityf foraperiodn nott to exceedf fifteen (15) years fer-the-e cenvictione ofany persen- er persens alleged-t to-have-e committed-e eriminale offensest that,in-the dgmente ofthe Council, involves seriouse dangertet thes pubHei pNaeGA shallfi  withoutf following thep procedures authorizedi fort thes sale ofreal property.  neiCesainpHense  Commented [A11): Deleteasarchaic?s Staffhasn no record ofthis provisione ever beingu useda andt the  wdswA -wsdacwsewGdpyas programs seemstofilthsneed.  cenditions, anda amountse of rewards int thes generalfund ofthe tot the collection- any-reward n the-general fund for the paymente Setback Lines,  shall-bep paid only byerderofthe Couneil Couneil may allocate funds from fees  Aum ougasmddandhwsesd-e  Commented IA12): Thisr nolongera anye extra-territorial) jurisdiction.  asthereis  Section9 9.9.- Organization, Operationa and Dissolution ofMunicipal Bodies. governmental! bodies oft the City, except asli limited bylaw. Section9 9.10.- Annexation/ Agreements. bec consideredo concurrents sourceso ofauthority.  Thec Councils shall havet thea authority top providef fort thec organization, operation ando dissolution ofall Inadditiont tot thea authority containedi ing generall law,t the Cityr maye enteri intoa annexationa agreements with otherr municipalities: asa authorized! by Chapter: 204, Session Laws of 1987. Tot thate end, thet twos shall  10  EXHIBIT 4-12    NOTICE OFI PUBLIC: HEARING TO CONSIDERI REVISIONS: TOTHE CITY CHARTER OFT THE CITY OF GASTONIA  Thep public willt take noticet thatt the City Council ofGastonial has calleda ap publich hearingto bel held int the Harley B. Gaston Public Forum Room at the Gaston County Courthouse, 325 Dr. MartinI Luther King Jr. Way, Gastonia, NC, at6 6:00 p.m., or as soont thereafter as possible, on Aprill 19, 2016, to considera al Resolutioni requestingt thatt the General Assembly of North Carolina adopt legislation to revise and amend the City Charter oft the City of Gastonia to remove obsolete references and otherwise clarify the City's Charter. A complete copy ofthep proposed revisions tot the Charter is available upon requestf from the Office ofth the City Attorney, shAripofestoniacom 704-866-6735, orb by reviewingt the Alli interested persons wishingt to comments shoulda appear att thep publich hearing. Individuals requiring special accommodations at this public meeting/hearing should call the ADA coordinator at (704) 866-6861 or 1-800-735-2962 for TDD users within 481 hours priort to  City's web site aty www.cityofpastoniac com  ther meeting/hearing. Publish onet time Apri19,2016 0682  EXHIBIT 4-13    MEMORANDUM  DATE: TO: FROM: SUBJECT:  April 13, 2016 Edl Munn, City Manager  Rusty Bost, PE, Director of Engineering/City Engineer Item for April 19th,20160 City Council Meeting  WESTBROOK CIRCLE TRAFFICCALMING  Request  In consideration of a recent accident on Westbrook Circle, Council requested staff to perform a study and pursue installation of speed humps. Traffic counters were placed in the subdivision speed mid- March to perform a3-day count. Thet results oft that study are shown on the attached map. One oft the requirements to qualify for installation ofs speed humps ist thatt the street in question must have a25 mphs speed limit. Currently, unless otherwise posted, the speed limit in all neighborhood streets mph.) Inc order toi install speed humps, the speed limit would need to be reduced to 25mph. City policy does not necessarily establish a speed criteria for installation of speed humps. However, speed data was collected during the traffic count. The 85% for each location studied ranged from 31.5 mpht to 35.41 mph. Whilei not exceeding the posted speed limit, thisi iss slightly higher thani ist The policy does recommend a minimum amount traffic count to qualify for the speed vehicles per day). The study showed lower Average Daily Traffic volumes than typically accepted humps (from 401 to 112). However, other factors, such as overall safety, can be considered as well in the installation criteria for speed] humps. The street does meet all other geometric requirements of the speed hump policy, making it potentially qualified for hump installation. Accordingly, many agencies use traffic accident data in prioritizing traffic projects or programs. Gastonia and NCDOT both take accident history severity into account when determining possible improvements. Therefore, it's reasonable for accident and Typically, the next step in the overall speed hump installation process is facilitating a neighborhood meeting tos solicit resident input and/ors support. Staff would: recommend that such ai meeting be scheduled  in  Criteria  is35  in Gastonia: neighborhoods (usually 27-32r mph).  typically seen  (500  history and data tol be usedi int the Traffic Calming program. as soon as possible to continue this process. RECOMMENDATION:  ITIS, THEREFORE RECOMMENDED THATTHE COUNCIL:  APPROVE REDUCING THE SPEED LIMIT ON WESTBROOK CIRCLE AND SCHEDULE A NEIGHBORHOOD MEETING TO FURTHER SOLICIT OVERALL NEIGHBORHOOD INPUT ON THE INSTALLATION OF SPEED HUMPS ON  MIDOODALVEIOINPE: AND,  WESTBROOK CIRCLEANDMIDWOODDRIVE.  (Presentation: Rusty Bost) Rusty Bost, PE City Engineer  EXHIBIT 5-1    -  ADT=4 45 veh/day 85% =31.51 mph  ADT=1 112 85% =3 34.7 mph  veh/day  ADT= 40 veh/day 85% = 35.4 mph  Hunter Huss High School  EXHIBIT5-2    ORDINANCE. AMENDING CHAPTER 6,4 APPENDIXA OF THE CODE OF ORDINANCES OFTHE CITY OF GASTONIA (STREETLISTS) FOR TRAFFIC. ANDI PARKING: REGULATIONS)  ITIS HEREBY ORDAINED that Appendix A to Chapter 6 oft the Code of Ordinances oft the  City ofG Gastonia is amended tor read asf follows:  1.  Section 6A-14 (SpeedI Limits)i ist revised! by addingt thereto:  SPEEDI LIMIT (MPH) 25 25 25  ONSTREET Westbrook Circle Midwood Drive Sherwood. Avenue  FROM Sherwood. Avenue Westbrook Circle Edgefield Avenue  TO Sherwood. Avenue Sherwood. Avenue Westbrook Circle  Adoptedt this the 19th day ofApril, 2016.  John D. Bridgeman, Mayor  City Clerk  EXHIBIT 5-3    GASTONIA Great Place. Great People. Great Promise.  NC  MEMORANDUM  Date: April13,2016 To: Edward C. Munn Thru: Flip Bombardier Fr: Kristy R. Crisp  City Manager Asst. City Manager  Economic Development Coordinator  Re: Gastonia Conference Center Financials FY16-17  City Staff has received the proposed budget from Culinaire for management of the Gastonia Conference Center for FY 16-17. The proposed budget shows an increase in The Gastonia Conference Center continues to show positive growth. The budget  revenue and a reduction of the overall loss to $93,392.  summary is attached.  Recommendation: City Staff is recommending approval of the FY 16-17 GCC budget.  EXHIBIT  EXHIBIT 6-7    Gastonia Conf Center 2016/2017F FiscalE Budget 48 8521 YTD  2015/2016 Budget #DMVIOI  2016/2017 Budget  ood  9,000  Beverage venue Comp dfast Comp CompF Revenue Other TotalFood Other Sold  170,100 239,024 25,273 64,699 27.1% 88,324 5,192  166,525 100.05 368,000  217,364 17,123 1,325  23,757 28  AM Gastonia2 2016-17A AnnualE Budget(3) 2015-2016  EXHIBIT 6-2    GASTONIA. AUDIYBIDS/NSURANCE COMMITTEE REPORT  THURSDAY, April7,2016 DISCUSSION:  AGENDA ITEM ITEM1: City Employee Insurance  ACTION TAKEN: The Committee voted self- unanimously (3-0) to renew health the insurance with Blue Cross Blue Shield of NC this year.  1)  Health Insurance The City's health insurance is funded with Blue Cross Blue Shield of North Carolina serving as thel Plan Administrator. Blue Cross Blue Shield of North Carolina's renewal reflects no change in the administration fee. The current rate is $25.40 per policy per month. Thet total annual premium is approximately $295,000. For FY2 2016, the health insurance claims were initially projected tol be approximately $6,042,000; however, the claims have continued toi increase and itr now looks like the claims willl be approximately $6,463,675. Staff will continue to monitor the claims and request at transfer to cover the additional cost of claims when we approach the end of thei fiscal year. For FY 2017, staff recommends budgeting $6,800,000 for claims. This is ani increase of $758,000 over current budget. This is based on claims increasing from $5,646,023 in FY2015toa projected $6,522,315 for FY2016. Staffr recommends renewing the health insurance with Blue Cross Blue Shield of NC 2) Stop Loss Coverage for Health Insurance The City's stop lossi insurance is currently with Gerber through SA Benefit Services. The current deductible is $175,000 with a anticipate an 8% increase int ther renewal  currently  this year.  The Committee voted unanimously (3-0) to table renewing the contract for the stop loss Benefit Services fora projected premium to the next City Council  $20,000 aggregated. specific deductible. We coverage with Gerber/SA rates. The total projected premium for FY more firmt total 2017is$270,000. Staffr recommends renewing the contract for meeting. thes stop loss coverage with Gerber/SA Benefit Services. Health Savings Account InJ July 2015, the City provided a $750 byt the City's! health insurance program. Employees not eligible for af federally forF FY2 2017is $700,000 plus $3,500  3)  The Committee voted unanimously (3-0) to contribution into their HSA account during the eligible for a federally designated HSA would get the same dollar  payment into thel Health Savings Account of give eligible employees alle eligible employees andr retirees covered andr retirees a $750 designated HSA also received thes same dollar first pay period in. July amount. The projected cost oft this program 2016. Employees not  respectively.  Staffrecommends giving eligible employees amount.  EXHIBIT 7-1    GASTONIA AUDIYBIDS/NSURANCE COMMITTEE REPORT  THURSDAY, April 7, 2016 andi retirees a $750 contribution into their HSA account during the first pay period in July 2016. Employees not eligible fora federally designated HSA would get the: same  dollar amount. Coverage  4) Stipend for Employees/Retirees who Waive The Committee voted  unanimously (3-0) for retirees that waive the City receive $1,000 stipend again in FY 2017. Staffr recommends the payment be broken into  Eligible employees andi retirees who waived eligible employees and stipend of $1,000 ($500 paid in. July 2015 and health insurance $500 paid in. January 2016). The projected program offered byt the  thel health insurance coverage received: a cost for FY2017 is $54,000.  Staffr recommends eligible employees and retirees that waive thel healthi insurance of $500 andi issued in. July 2016 and January After some discussion, the Committee asked staffto do an analysis on employees with spouse coverage to see ifthey have other coverage witht their employer. This can be reviewed att ther next  program offered by the City receive $1,000 two payments of $500 stipend again in FY2017. Staffrecommends: and issuedi in. July 2016 the payment bel broken into two payments and. January 2017.  2017.  committee meeting.  5)  Dental Insurance  The Committee voted dental plan and continuing to utilize Delta Dental of North Carolina as the Plan Administrator fori the next three years and keep both City and same level as we currently have.  The City's dentali insurance is currently self- unanimously (3-0)t to funded with Deltal Dental of North Carolina renew thes self-funded  serving as the Plan Administrator. Delta Dental of North Carolina has provideda three year contract with the current administrative fee of $2.99 per policy per month. Thet total annual premium is approximately $28,560.50.  Staff recommends renewing the self-funded Employee funding at the  dental plan and continuing to utilize Delta Dental of North Carolina ast the Plan Administrator for the next three years. We recommend keeping both City and Employee funding at the same level as we currently  have.  6) Employee Health Clinic/Health Fair The Employee Health Clinici is currently operated by Carolinas HealthCare System. Ther renewal from Carolinas Healthcare current cost oft the clinici is approximately biometric scréenings throughout they year and will not be offering screenings att the  The Committee voted unanimously (3-0)to continue the contract for the Employee Health services needed at the  System reflects no change in charges. The Clinic (includingt the $153,0001 fori the provider and $38,914for Health Fair) to Carolinas supplies andl labs. We will continue to offer HealthCare System.  EXHIBIT 7-2    GASTONIA. AUDIYBIDS/NSURANCE COMMITTEE REPORT  THURSDAY, April 7, 2016 health fair. This cost oft thel biometric screening isi included int thel budget for the We currently have at threey year contract with Carolinas HealthCare: System which will expire on. July 1, 2017.Staff recommends continuing the contract fori the Employee Health Clinic (including thes services needed at thel Health Fair) to Carolinas HealthCare  clinic.  System.  7) Employee Assistance Program (EAP) The current EAPI is provided through is based on utilization. We anticipate the total cost tol be $20,0001 for FY2017. Staff recommends renewing the contract for the Employee Assistance Program with  The Committee voted unanimously (3-0)t to Program with McLaughlin Young.  McLaughlin Young. Their renewal reflects no renew the contract for change inp premiums. The current premium the Employee Assistance  McLaughlin Young. 8) Lifel Insurance  The Committee voted unanimously (3-0) to the lifei insurances with Employee Benefit Advisors.  The life insurance is currently with One The current premium is. .42/$1,000 for life insurance and. .03/$1,0001 for AD&D coverage. This equates to approximately $252,000 per year. Therei is no change in premiums for FY2017. Staff recommends renewing the contracti for the lifei insurances with Employee Benefit  America through Employee Benefit Advisors. renew the contract for  Advisors.  9) Supplemental Insurance  The Committee voted. insurances with Pierce  Thes supplemental insurances are currently unanimously (3-0) to offered through Pierce Group Benefits. This renew the contract for isav voluntary benefit for employees. There the supplemental renewal reflects no change in premiums for Group Benefits.  is no charge toi the City of Gastonia. The employees with supplemental coverages. Staff recommends renewing the contract for thes supplemental insurances with Pierce  Group Benefits.  ITEM2: Wellness Program  Staff updated the Committee noting that Focus individual interviews with staff members. There have alsol been an Environment survey completed at numerous buildings that the City occupies. There will be a survey to go out soon which will be thel last  Thisi item was presented purposes at this time.  Groupi interviews have been conducted: ands some fori informational  EXHIBIT 7-3    GASTONIA AUDI/EIDS/NSURANCE COMMITTEE REPORT  THURSDAY, April 7, 2016  piece oft the puzzle before all the datai is put together and presented, which will possibly be at the next Committee meeting in May. Options from other entities that can provide wellness programs can be considered. The main focus is goingt to be education of our employees ont the benefits of health andy participation in whatever programs we do. After doing some research with other places that offer wellness programs, about 80% offer some type ofi incentive with most everyone requireda biometric: screening. The Committee discussed many options and ideas for wellness programs. Once the results are presented and recommendations are madel by BCBS, the Committee can discuss next steps. No other matters were discussed.  ITEM3: Other Related Matters  Committee Members Attending: Chairman Dave Kirlin  Councilman Jim Gallagher Councilman Robert Kellogg  Committee Members Absent:  None.  EXHIBIT 7-4    PUBLICSAFETY COMMITTEE REPORT MONDAY,AP1111,2016 DISCUSSION:  AGENDA ITEM ITEM1: Internet Exchange Zone ITEM2: Covenant & Citizens Gaston County Law Enforcement ITEM3: U-VISA Update  ACTION TAKEN:  Chief Helton presented the proposed Internet This item was presented Exchange Zone signage tol be located in the Police fori informational Chief Helton presented the proposed Covenant The Committee voted framed copies willl bej presented tot the City Council the proposed covenant as  Department parking lot along Long Avenue.  purposes.  between the between the Gaston Clergy & Citizens Coalition unanimously (2-0)t to Gaston Clergy and Gaston County Law Enforcement. Signed and recommend approval of Coalition and and Gaston County Commissioners at a future presented.  meeting date.  ChiefHelton presented thej proposedU-Visapolicy The Committee voted for Standard Operating Procedures. When unanimously (2-0) to applications are submitted through the Chief's recommend approval as office, it will be recorded and assigned to the presented with the Criminal Investigation Division toi follow up on the change of five (5)y years U-Visa tos seei ifitmeets the criteria tol be approved for current applications The Committee discussed the application review going forward. goingl back five (5)years oft the date ofthe offense. The Committee concurred that time frame should be reduced to three (3) years for incoming  and certified.  received and three (3) years for applications  applications going forward.  ITEM4: Cover  Standard of ChiefWelch presented the Firel Department  This item was presented purposes.  Standard of Cover, which isa al basic overview of fori informational  the Fire Department's facilities, staffing, and emergency service distribution plan. Itincludes City demographics and response statistics. This Standard of Coveri is aj portion oft the detailed data included int thel Deparmettsreacreadlaston  process.  ITEM5:  Other Matters No other matters were discussed.  Committee Members Present: Committee Members Absent:  Chairman Jim Gallagher Councilman David Humphries Mayor Pro Tem Todd Pierceall  EXHIBIT 8-1    TRANSPORTATION COMMITTEE REPORT  Wednesday,April 16,2016  AGENDA ITEM ITEM1: Discussion on Gastonia  DISCUSSION:  ACTION TAKEN:  NCDOT Aviation SPOT process generally assigns Councilman Humphries funding to projects that are larger than projects made a motion to accept addition, an Airport Layout Plan (ALP) must be proceed with inspection approved by NCDOTI Division ofA Aviation andi the andi inventory as presented Federal Aviation Administration for improved and Mayor Pro Tem funding consideration in SPOT. Gastonia has Pierceall seconded the submitted: an ALP to the Division ofA Aviation and motion. The motion was  Municipal Airport listed int the. Airport Development Plan (ADP).In the rate increase and  they havea acknowledged receipt.  approved 2-1 with Councilman  McAteer  Staff continues to work on negotiating a new opposing. contract with FlyCarolina, LLC. to continue providing FBO services and address levels of service, specified facility use, management fees, fuel sales, promotion and sponsorship of events at the airport, and improvement of overall airport operations. Staff has also discussed an alternative fuel purchase and revenue sharing arrangement where the City would purchase all fuel, Avgas and Jet Fuel, and the FBO employees would fuel planes. The City would then control the price of fuel andt the contract would provide fors somet type ofrevenues sharing witht the FBOon Councilman Humphries stated that the services that are available is what will drive the FBO. If thes services are not requiredthes services willi not prosper and customers will go elsewhere. He advised staff to ensure all thes services expected and possibly more bei included in the contract to ensure the FBO to be profitable and grow the airport. He feels the geographical location and runwayl lengthiswhath churtst the Gastonia Airport. Staff is in the process of creating hangar inspection and inventory protocols and procedures. The waiting list for hangar space at the airport is currently at 31. Of those, six are requesting large hangars and the rest are Staff presented and recommended increasing hangar rates approximately1096r withl landl leases toi increase ont the origination date oft the contract The Committee discussed polling each person on the waiting list to determine how mucht they are willingt top pay tor rentar newly built! hangar as well as their interest in owning a hangar in newly constructed hangars similar to "condo"  ar negotiated basis.  requesting T-hangars. effective) July 1,2 2016.  ownership.  ITEM2: Update on Study  Cherry Consulting is offt toa ag good start and! has This presentation was Petty. They are preparing for ther riders survey was taken byt the which wills start on April 7th, Af final presentation Committee.  Gastonia' Transit completedi interviews withl key Transit: and MPO provided fori informational  staff, senior management, operators and Mr. isp planned for thel November 2, 2016 Transportation Committee meeting.  purposes only. No action  EXHIBIT 9-1    TRANSPORTATION COMMITTEE REPORT  Wednesday,April6, 2016  ITEM3: 85X1 Mid-Day Express Bus Service Update  In mid-2014, the MPO was soliciting candidate This) presentation was projects for FY16-17 Congestion Mitigation and provided fori informational Air Quality (CMAQ) grant funding. The Gastonia purposes only. No action City Council directed MPO staff to develop an was taken! byt the application to initiate mid-day weekday service Committee. as a compliment to the existing 85X express bus service operated by the Charlotte Area Transit System (CATS),Thisservice coulds servet toattract more riders to the route, as well as give the option of onlys going to Charlotte forahalf-day. In mid-2015, Gastonia opted to pursue the Churchill sidewalk project utilizing alternate funding sources and reallocate its designated CMAQ funding to three other City projects; one being the 85x mid-day express service. Total funding available for this project is now $436,760, broken down as $150,000 for a CNG- fueled bus and $286,760 for five years of Gastonia and CATS: are drafting an agreement for CATSt toj provide the 85x mid-days service utilizing CMAQ funding. CATSwill providet thes service and willr retain ownership oft thel bus att thec conclusion oft the grant period. Gastonia will pay the local match as required by CMAQ funding over the grant period that will total approximately $60,000. However, Staff is recommending to shorten the CMAQ grant period tot three years of operatinga assistance ata an 80/20s sharei instead of five years at a 50/50 share. Service could be contracted with CATS using FTA 5307 urban transit funding, similar to the current 85X funding arrangement. Should the CMAQ project conclude under the projected funding amount, Gastonia City Council can discuss reallocation of remaining CMAQ fundingt to another project. As ofl March 29, 2016, CATSis developingale letter confirming their willingness to administer this grant, whichi isi necessary toi include in the project packet tos submit toi thel NCDOT for programming int the STIP andi initiatingt the contracting process. Oncet this letter is received, City staff can submit a new project packet to the NCDOT for reprogramming with CATS as the project  operating costs.  sponsor.  ITEM6: Other Matters: a. General Bond Project Updates b. Franklin Cox/ Franklin  a) GOI Bond Project Update week onl Myrtle School Road, however the projecti iss stilll behind: schedule. The project should be complete sometime ins spring of2017.  This presentation was provided fori informational was takenl byt the Committee.  Obligation Progress has substantially picked upi in the past purposes only. No action  Boulevard The Titman Road widening project workl has from Six to started back up. Thec contractor: is working on Fivel Lanes grading and construction ofther road widening  with completion expected inj June/july.  EXHIBIT 9-2    TRANSPORTATION COMMITTEE REPORT Wednesday, Aprile 6, 2016 Overheadi utility relocations are underway and NCDOTi is reviewing thei final drawings for approval. We expecta a Junel bidl letting by Thel Union Road widening project was submitted tol NCDOT forj placement oni its' TIP. Gastonia's available fundingf for the project should helpi it score welli in coste effectiveness. b) Franklin Boulevard conversion to 5 NCDOT has preparedar rough draft plan fort the restriping. Thep plan calls for painted medians. Thei intersection at Trenton has challenges and staff and NCDOT: are continuing to work thru c) Cox/Franklin Traffic Study Thes steering Committee willl be meetingi inl late April to review the final draft with the consultant, and expectt tol bringt ther reportt to Transportation Committee for review and approval once additional items are addressed. d) NCDOTTraffic Cameral Project The Cityl hast two camera projects underway that wille expand our system an additional17 cameras. NCDOTI has launched: a cameraj project that will cover portions ofI I-851 thru Gaston County, andi includet two ofthes sites already includedi in the City's project. Staffr met with NCDOT to discuss merging thej projects. It appears doubtfult they willl be merged.  Traffic Study d. NCDOT Traffic Camera Project Update Other  NCDOT.  lanes.  them.  Committee Members! Present:  Mayor Pro Tem Todd) Pierceall, Chairman Councilman Porter McAteer Councilman David Humphries  EXHIBIT 9-3