City Council Meeting Agendas and Minutes

REGULAR SESSION OF AUGUST 28, 2012 The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on Tuesday, August 28, 2012 in the Council Chambers of City Hall with Mayor Rick Murphrey presiding. ATTENDANCE The following Councilmembers were present: Howard Shipp, Rodney Gordon, Keith Miller, Dean Spears, Mike Butler, Tommy Hawkins and Rick Moore. Also present: Mickey Corry, City Attorney, Marilyn Sellers, City Manager and Joy Fox, Administrative Assistant. Ann Sessom, City Clerk was on vacation. INVOCATION The invocation was given by Reverend Rex Gibbs, Central United Methodist Church, Kings Mountain, N.C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Rick Murphrey. AGENDA ADOPTION Mayor Rick Murphrey asked City Council if they would like to make any changes to the proposed agenda. Upon motion by Councilmember Howard Shipp and seconded by Councilmember Rick Moore, it was unanimously voted to adopt the agenda as presented. SPECIAL PRESENTATION AND RECOGNITIONS City Councilmembers Comments and Remarks: No comments were made. Mayor’s Comments and Remarks: Mayor Murphrey recognized the following employees for their years of service with a framed certificate and service pin: • Martha Blanton 35 Years Administrative Assistant • Frank Whittington, Jr. 5 Years Police Officer • Buddy Black 5 Years Police Corporal Minutes – August 28, 2012 Page 2 Mayor Murphrey read Proclamation proclaiming Saturday, September 8, 2012 as “Make A Wish Day” in Kings Mountain and encouraged our citizens to support “Jammin’ For Wishes” to raise money to grant the wishes of children with life threatening medical conditions. Mayor Murphrey presented Iris Frady, Director of Kings Mountain Crisis Ministry, with a check from the City to support the work at Crisis Ministry. Mayor Murphrey read Proclamation proclaiming September 15 - September 29, 2012 as “Litter Sweep” time in the City of Kings Mountain and encouraged all citizens to take an active role in making our community cleaner and more beautiful. Mayor Murphrey read Proclamation proclaiming the week of September 9 – September 15, 2012 as “Firefighters Week” in honor and appreciation of everything our firefighters do in this City and State. SPECIAL EVENTS UPDATE Ellis Noell, Special Events Director, updated the City Council on events that took place in August: • National Night Out CITIZEN RECOGNITION No one signed up to speak. CONSENT AGENDA Upon motion by Councilmember Rick Moore and seconded by Councilmember Keith Miller, it was unanimously voted to adopt the following consent agenda: A. Minutes: Approve Minutes of the Regular Meeting July 31, 2012. B. Approve four way stop signs at the intersection of Oakland and Hillside Drive. C. Set the date of Tuesday, September 25, 2012 at 6:00 p.m. for a Public Hearing to consider a request by Royster Oil Company, Inc. (Jamey Davis, Agent) to rezone two tracts of property located approximately at the intersection of Vestibule Road and Shelby Road from Heavy Industrial (Tract 1) and Residential R-10 (Tract 2) to General Business (G-B) also known as Tax Map 4-26, Block 1, Lot 52 or Parcel #56260 (Tract 1) and Tax Map 4-26, Block 1, Lot 7 or Parcel #10873 (Tract 2) – Case No. Z-3-8-12. Minutes – August 28, 2012 Page 3 D. Set the date of Tuesday, September 25, 2012 at 6:00 p.m. for a Public Hearing to consider a zoning request for property owned by B & D Enterprises, Inc. located at the intersection of Oak Grove Road and Stony Point Road (portions of Parcel #16305) to the City of Kings Mountain’s zone General Business (GB) – Case No. Z-1-8-12. E. Approve Budget Amendment in the amount of $40,881.00 to transfer funds from Revenue into Expenditures in order to use for necessary purchases in the Police Department. F. Authorize the use of “Piggyback” on Lincoln County contract for Refuse Vehicle with Roll-Off Hoist & Tarp in the amount of $150,249.34. G. Adopt Resolution 12-33 awarding financing of Refuse Vehicle with Roll-Off Hoist and Tarp in the amount of $150,249.34 to BB&T with interest rate of 1.93%. PUBLIC HEARING Upon motion by Councilmember Dean Spears and seconded by Councilmember Howard Shipp it was unanimously voted to recess the Regular Meeting at 6:25 p.m. and enter into a Public Hearing to discuss the following: To consider request by Patricia Cash to rezone property located at 1207 N. Piedmont Avenue, also known as Tax Map KM 36, Block 1, Lot 4 or Parcel #13501 and Tax Map KM 4-71, Block 1, Lot 70 or Parcel #52719, from Residential R-8 (R-8) and R-10 (R-10) to Conditional Use R-20 (CUR-20) – Case No. CUR-2-7-12 – Steve Killian, Planning Director. Steve Killian, Planning Director, was sworn in prior to his testimony. Steve Killian, Planning Director stated “This is the required public hearing for a conditional use rezoning. This is a request to change two parcels zoned R-8 and R-10 respectively to Conditional Use R-20 to allow the current owners to have horses like they have in the past or allow a future owner to have horses as a livestock use if they so desire. The maximum number of animals would be five. The configuration of stable, barn, house, and pasture would be roughly what it is now excepting that the pasture area may become bigger in the future. The area is stable and is kind of the jumping off point for some agricultural uses and residential uses up on the Cherryville Highway and Chestnut Ridge Church Road. We have had other conditional use R-20 rezoning request in the area for both horse farms and sheep farms. Both times there were strenuous objections but both times the properties were eventually rezoned. Minutes – August 28, 2012 Page 4 It is important to point out that the site plan essentially took the existing situation and described it and that we heard no objections from anyone. The Planning and Zoning Board unanimously recommends changing the zoning and issuing the conditional use permit as requested. Staff concurs.” No one else requested to speak for or against this matter. To consider request by John Bagley/Dale Williams to rezone property located at 409 S. Battleground Avenue, also known as Tax Map KM-11, Block 2, Lot 5 or Parcel #8019, from Residential R-6 (R-6) to Conditional Use Central Business (CUR-C-B) – Case No. CUR-1-6-12 – Steve Killian, Planning Director. Steve Killian, Planning Director stated “This is the required public hearing for a conditional use rezoning request to change one residential lot to a central business designation and preserve the residential appearance and character of the lot. Staff worked with the applicant to develop an application that preserved the residential character of the property, limited the impact on the adjoining property and neighborhood, and came close to conforming to the city’s land development plan meaning we acknowledge that the land development plan shows a regional commercial node for the downtown area, a strip section for the area from Gold Street down to Clark Tire, and probably does not include the subject lot as commercial. In other words it shows commercial stopping where residential begins. While researching the development trends in the area we were surprised that the more significant investment in maintenance of residential property in the Cherokee Street neighborhood appears to have taken place on Battleground rather than Cherokee or Wilson. That is a good indication for the neighborhood. The subject property is zoned Residential R-6 and the owner requests that the zoning be changed to Conditional Use Central Business. The address is 409 S. Battleground Avenue and currently has a residential structure on it. The lot is a through lot from Battleground to Cherokee Street that is probably the result of a recombination of lots some years ago. Other development in the area is the downtown, a residential community, and across the railroad tracks, an industrial area. The city is trying to do some stabilization work in the residential neighborhood as well as promote historic preservation in the downtown area. Generally, we are trying to preserve the unique look the downtown has, including the surrounding and supporting residential component. The city is also paying attention to traffic and safety by closing one railroad crossing and reworking two additional intersections to the west of Battleground in the downtown area. The subject property adjoins Clark Tire. In reviewing this with the property owner we offered the advice, based on what we have seen of sales and transfers in the downtown area that trying to adapt the house to an office, service, or retail use made economic sense. Thus, the value of the property is increased by the existing structure’s potential as Minutes – August 28, 2012 Page 5 opposed to having a lot hampered by a house that needs to be torn down. To compliment the neighborhood and make the property work with the house on it the applicant agreed to a number of conditions including excluding auto repair/service, tire service, and restaurants. A site plan which shows the preservation of large trees and limits parking to a level appropriate to an office or retail use in a 2,000 square foot structure is proposed. All in all, the proposal is in good shape and while retaining its residential character and place in more recent Kings Mountain’s history, it allows a responsible expansion of the downtown area. The Planning and Zoning Board unanimously recommended the change and staff concurs.” No one else requested to speak for or against this matter. To consider request by Tommy Hall and Tina Hall to rezone property located at 707 Cleveland Avenue, also known as Tax Map KM-16, Block 6, Lot 3 or Parcel #8254, from General Business (G-B) to Residential 10 (R-10) – Case No. Z-1-7-12 – Steve Killian, Planning Director. Steve Killian, Planning Director stated “The applicant is requesting the rezoning of a lot zoned general business to residential. In this case the rezoning is requested so that a residential use can occur in the existing house on the subject property. The zone requested R-10 is the zone that is closest to it. On the land development plan a mixed use node is shown on the intersection of Linwood and Cleveland Avenue. It could be interpreted that the mixed use node occupies all four corners of the intersection. In retrospect that is probably not the way to introduce commercial development to that intersection. All four corners are adjoined by significant residential development and little multifamily housing. Commercial development is fairly limited to convenience stores, car sales, and printing/machinery distribution. Significantly a school is on the southwest corner of the intersection and the subject property is located between the school and the car sales lot on the west side of Cleveland Avenue. It is adjoined by houses and sits in a residential area thus providing a buffer between the school and the car sales lot. Changing the general business zoned lots, including this one, between the school and the car sales lot, would not do a disservice to the school, commercial development, and homes in the area. I do not see a conflict with the development trends in the area. Stabilizing the area around East School is a good idea.” No one else requested to speak for or against this matter. Minutes – August 28, 2012 Page 6 To consider request by Stella Putnam to rezone property located at 100 Gaston Street, also known as Tax Map KM-4, Block 6, Lot 17 or Parcel #7088, from Neighborhood Business (N-B) to Residential 8 (R-8) – Case No. Z-4-7-12 – Steve Killian, Planning Director. Steve Killian, Planning Director stated “The property in question is located just to the north east of the Gaston Street and King Street intersection. It is property with direct access to Gaston Street and has been used as a residential use for better than fifty years. Currently it is vacant and is zoned N-B. An existing residential house is on a lot zoned for business and changing the zoning designation makes the residential use a conforming use. In addition to that, changing the zoning also helps to stabilize a national register historic district by providing a conforming use buffer between commercial and the primarily residential historic district. Again, the subject property is one lot off King Street and the adjoining lot to the south is the Ted Ford shopping center. Residential development adjoins the subject property on the other two sides. Across the road from the subject property is a church. The land development plan shows neighborhood business as strip development between the subject property and King Street. Due to the quality of the maps available to me I cannot say for certain where it is intended for commercial development and residential development to meet when leaving King Street going north. Somehow it does not make sense to leave a detached site built residential home across from a church leading into a national register historic district area that accesses only the residential collector street in a commercial district. The impact of the rezoning would be to stabilize the residential neighborhood by providing a buffer. Although there has been some new development, redevelopment of nearby property, conversion of several homes to commercial houses, and destruction of several houses by fire, it is a reasonably stable area. The Planning and Zoning Board unanimously recommended changing the zoning as requested. Staff concurs.” No one else requested to speak for or against this matter. To consider rezoning request by Faunce Properties, Inc. to rezone property located at 813 W. King Street (formally 814 W. Mountain Street), also known as Tax Map KM-21, Block 4, Lot 1 or Parcel #13378, from RS-8 to Residential Office (R-O) – Case No. Z-3- 7-12– Steve Killian, Planning Director. Steve Killian, Planning Director stated “This is now a request to rezone a property from RS-8 to R-O. The subject property is at the intersection of Mountain, Phifer, and King streets. Minutes – August 28, 2012 Page 7 It has been the subject of several rezoning requests since 2000 either as part of a large group of properties, a small group of properties, or as an individual property. We appear to have a valid protest petition for this case. The Planning and Zoning Board has recommended that the public hearing be continued thus giving the applicant and the property owners from the West End Neighborhood time to meet together with staff and discuss their concerns over various issues. It was the Planning and Zoning Board’s desire that they explore the possibility of a conditional reuse zoning request with staff. In addition to that the Planning and Zoning Board at its prior meetings on this property has reviewed traffic counts, land use changes in the area, national register historic districts, historic district overlays, and the City’s land development plan. Walgreen’s is the obvious retail function change in the area. Most other changes are office changes. There is a national register historic district in the West End neighborhood and there was a second application supported by City Council that would have created a second historic district on Mountain Street but it was not approved by the State Historic Preservation Office. The Land Development Plan shows a community mixed use node on the west side of Phifer Road, residential from Country Club Drive back to Edgemont on the north side of King Street, and residential from Phifer back to Juniper on the south side of King Street. After that it is a combination of institutional and business eastward along King Street. I have met with the applicant and several of the West End property owners and reviewed some of the issues or concerns facing them. Some of the issues are due to the nature of the subject tract for it is a through lot. Some of the issues are due to the encroachment of multifamily and commercial development into the traditional residential area of West End. The concerns included multi-family provided for in R-O, traffic and driveways onto Mountain Street, lack of a plan to protect the West End residential community, encouraging a hodge-podge of commercial uses, buffering between office uses and residential uses, whether or not retail uses can appear in a R-O district, pedestrian traffic and safety, and finally lack of concrete details about possible uses on the site. Since the Planning and Zoning Board did not consider an advisory statement and an advisory recommendation it is appropriate for City Council to continue the public hearing. At its next meeting the Planning and Zoning Board will need to make a recommendation on the request and perhaps it will be appropriate to make several related recommendations as well. Staff concurs with their recommendation to continue the public hearing.” David Faunce signed up to speak but had to leave early to attend another meeting. Minutes – August 28, 2012 Page 8 Helen Hatch, 311 W. Mountain Street, stated that she and other neighborhood residents are in discussion with Mr. Faunce and felt continuing this public hearing was a good idea. No one else requested to speak for or against this matter. To consider Zoning Ordinance Text Amendment – Table of Permitted Uses Class “B” Mobile Homes – Case No. Z-5-7-12– Steve Killian, Planning Director. Steve Killian, Planning Director stated “Please accept this as the Planning and Zoning Board’s unanimous recommendation that the proposed clarification to the zoning ordinances list of uses and special requirements be adopted as proposed. The Board reviewed the existing text, the proposed clarification, and the impact of the confusion. Staff concurs with the Planning and Zoning Board for it clarifies the ordinance thus reducing the chance of misunderstandings. With the existing text rearranged on its page, the addition of a footnote and parenthesis, and finally clarifying the non-conforming use status, the reader of the ordinance should now understand the following: Class A mobile homes (double wides) and Class B mobile homes (single wides) can both go into mobile home parks. Class A mobile homes (double wides) can be installed on individual lots in R-20 districts. Class B mobile homes (single wides) cannot be installed on individual lots in R-20 districts (see the footnote). Mobile home parks can be placed in R-20 districts as a conditional use. The reader of the ordinance should no longer misunderstand it to mean the following: Double wides and single wides can go on any R-20 lot. Mobile home parks can go in R-8, RS-8, R-6, RS-6, R-O, and O districts. Again, it is a clarification of the ordinance, does not change what was adopted, and as proposed will eliminate the confusion.” No one else requested to speak for or against this matter. Upon motion by Councilmember Howard Shipp and seconded by Councilmember Keith Miller, it was unanimously voted to continue the David Faunce Public Hearing, close the remaining Public Hearings at 6:44 p.m. and re-enter the Regular meeting. Minutes – August 28, 2012 Page 9 REGULAR MEETING Action on Item 10-A Mayor Murphrey read the following Governing Board statements: GOVERNING BOARD STATEMENT “FAVORING” THE CHANGE FROM RESIDENTIAL 8 (R-8) AND RESIDENTIAL 10 (R-10) TO CONDITIONAL USE R- 20 (CU-R-20) – PATRICIA CASH Development in the area is a mixture of detached single family homes, a few agricultural uses, and several institutional uses. The subject property has been used for livestock and residential purposes. It currently is bordered by high tension power lines, non-developed land, institutional use, and a detached single family residence and is zoned R-8 and R-10. Conditional Use R-20 is in the area. The sizes of the lots are sufficient for small scale agricultural uses that could include a limited livestock use on the property. Given the uses in the area and the use proposed, the rezoning will create interest in preserving the uses of the property and thereby serve to stabilize community and because of that it is in the best interest of the community to rezone the property. GOVERNING BOARD STATEMENT “AGAINST” THE CHANGE FROM RESIDENTIAL 8 (R-8) AND RESIDENTIAL 10 (R-10) TO CONDITIONAL USE R- 20 (CU-R-20) – PATRICIA CASH Development in the area is a mixture of detached single family homes, a few agricultural uses, and several institutional uses. The subject property has been used for livestock and residential purposes. It currently is bordered by high tension power lines, non-developed land, institutional use, and a detached single family residence and is zoned R-8 and R-10. Conditional Use R-20 is in the area. The sizes of the lots are sufficient for small scale agricultural uses that could include a limited livestock use on the property. Given that the uses in the area and the use proposed, the rezoning may create interest in preserving the uses of the property. However public water and public sewer are in the area and the pressure for more intense uses and higher density uses will continue. Therefore it is in the best interest of the community to turn down the request so that higher density uses may occur. Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember Mike Butler it was unanimously voted to adopt the Governing Board statement favoring the request. Upon motion by Councilmember Keith Miller and seconded by Councilmember Tommy Hawkins it was unanimously voted to adopt Ordinance 12-15 amending the Zoning Map of the City of Kings Mountain, North Carolina – Case No CUR-2-7-12 – Patricia Cash. Minutes – August 28, 2012 Page 10 Action on Item 10-B Mayor Murphrey read the following Governing Board statements: GOVERNING BOARD STATEMENT “FAVORING” THE AMENDMENT FROM RESIDENTIAL 6 (R-6) TO CONDITIONAL USE CENTRAL BUSINESS (CU-C-B) JOHN BAGLEY/DALE WILLIAMS The 1995 Land Development Plan shows the subject property as adjoining part of the Community-Regional Mixed Use Center known as our downtown and predominately zoned Central Business. The subject property is shown in the Land Development Plan as residential. The request is being made because the owner desires to sell the property for future office, retail, or residential use rather than tear the home down. Allowing a future use to occur in the subject property’s residential structure in such a manner that it preserves the residential character will create a good transition from the commercial downtown development into the residential neighborhood. Therefore, it is in the best interest of the community that the rezoning request be honored. GOVERNING BOARD STATEMENT “AGAINST” THE AMENDMENT FROM RESIDENTIAL 6 (R-6) TO CONDITIONAL USE CENTRAL BUSINESS (CU-C-B) JOHN BAGLEY/DALE WILLIAMS Although the 1995 Land Development Plan shows the subject property as the next property adjoining part of the Community-Regional Mixed Use Center known as our downtown area predominately zoned Central Business and allowing a future use to occur in the existing residential structure in such a manner may preserve its residential character and thereby create a transition between the commercial downtown and the residential neighborhood, the subject property should be preserved for solely residential uses. Keeping the property zoned for only a residential use maintains a significant buffer for the rest of the neighborhood. Therefore, it is in the best interest of the community that the rezoning request be denied. Upon motion by Councilmember Rick Moore and seconded by Councilmember Mike Butler it was unanimously voted to adopt the Governing Board statement favoring the request. Upon motion by Councilmember Keith Miller and seconded by Councilmember Howard Shipp it was unanimously voted to adopt Ordinance 12-16 amending the Zoning Map of the City of Kings Mountain, North Carolina – Case No CUR-1-6-12 – John Bagley/Dale Williams. Minutes – August 28, 2012 Page 11 Action on Item 10-C Mayor Murphrey read the following Governing Board statements: GOVERNING BOARD STATEMENT “FAVORING” THE AMENDMENT FROM GENERAL BUSINESS (G-B) TO RESIDENTIAL R-10 (R-10) TOMMY & TINA HALL This rezoning request is in agreement with the Land Development Plan and makes a residential use a conforming use thereby contributing to an effort to stabilize the residential community it is part of. The nearby Neighborhood Commercial Node may stop north of the subject property and still serve the area well. Such a rezoning is in the best interest of the community. GOVERNING BOARD STATEMENT “AGAINST” THE AMENDMENT FROM GENERAL BUSINESS (G-B) TO RESIDENTIAL 10 (R-10) TOMMY & TINA HALL Although the rezoning request is in agreement with the Land Development Plan and makes a residential use a conforming use also thereby helping to stabilize the residential community it is part of, such a rezoning request is not in the best interest of the community. The Neighborhood Commercial Node should be allowed to expand and encroach into residential and institutional uses in the area. Upon motion by Councilmember Mike Butler and seconded by Councilmember Dean Spears it was unanimously voted to adopt the Governing Board statement favoring the request. Upon motion by Councilmember Mike Butler and seconded by Councilmember Howard Shipp it was unanimously voted to adopt Ordinance 12-17 amending the Zoning Map of the City of Kings Mountain, North Carolina – Case No Z-1-7-12 – Tommy and Tina Hall. Action on Item 10-D Mayor Murphrey read the following Governing Board statements: GOVERNING BOARD STATEMENT “FAVORING” THE AMENDMENT FROM NEIGHBORHOOD BUSINESS (N-B) TO RESIDENTIAL 8 (R-8) STELLA PUTNAM This rezoning request is in agreement with the Land Development Plan and makes a residential use a conforming use thereby contributing to an effort to stabilize the residential community it is part of. Such a rezoning is in the best interest of the community. Minutes – August 28, 2012 Page 12 GOVERNING BOARD STATEMENT “AGAINST” THE AMENDMENT FROM NEIGHBORHOOD BUSINESS (N-B) TO RESIDENTIAL 8 (R-8) STELLA PUTNAM Although the rezoning request is in agreement with the Land Development Plan and makes a residential use a conforming use and thereby helps to stabilize the residential community it is part of, such a rezoning request is not in the best interest of the community. The adjoining commercial area should be allowed to encroach into the historic district. Upon motion by Councilmember Mike Butler and seconded by Councilmember Rick Moore it was unanimously voted to adopt the Governing Board statement favoring the request. Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember Mike Butler it was unanimously voted to adopt Ordinance 12-18 amending the Zoning Map of the City of Kings Mountain, North Carolina – Case No CUR-4-7-12 – Stella Putnam. Action on Item 10-E Upon motion by Councilmember Keith Miller and seconded by Councilmember Tommy Hawkins it was unanimously voted to continue the Public Hearing for Faunce Properties, Inc. to the September 25, 2012 City Council meeting. Action on Item 10-F Mayor Murphrey read the following Governing Board statements: ZONING ORDINANCE TEXT AMENDMENT CLARIFICATION OF ARTICLE VII – TABLE OF PERMITTED AND CONDITIONAL USES (CLASS B MOBILE HOMES) AND CLARIFICATION OF ARTICLE VIII – SR5 – CLASS A AND CLASS B MOBILE HOMES - CASE NO. Z-5-7-12 “FAVORING” THE TEXT AMENDMENT The proposed text is not in conflict with the 1995 Land Development Plan nor does it conflict with zoning enabling statutes. It is intended to clarify the use of only the Class A mobile homes as permitted uses in the R-20 district and the use of both Class A and B mobile homes in mobile home parks which are allowed as conditional uses only in the R- 20 district. Neither may be permitted so as to create a more non-conforming use or a new non-conforming use. A clarification of the zoning ordinance text is in the best interest of the community. Minutes – August 28, 2012 Page 13 “AGAINST” THE TEXT AMENDMENT Although the proposed text is not in conflict with the 1995 Land Development Plan, does not conflict with zoning enabling statutes, is intended to clarify the use of only the Class A mobile homes as permitted uses in the R-20 district and the use of both Class A and B mobile homes in mobile home parks which are allowed as conditional uses only in the R- 20 district, and would not allow either class of homes to be permitted so as to create a more non-conforming use or a new non-conforming use, a clarification of the zoning ordinance text is not in the best interest of the community. Upon motion by Councilmember Rick Moore and seconded by Councilmember Mike Butler it was unanimously voted to adopt the Governing Board statement favoring the request. Upon motion by Councilmember Keith Miller and seconded by Councilmember Tommy Hawkins it was unanimously voted to adopt Ordinance 12-19 amending the Zoning Test of the City of Kings Mountain, North Carolina – Article VII – Table of Permitted and Conditional Uses (Page 55) and Article VIII – SR Class A and Class B Mobile Homes – Case No. Z-5-7-12. Execute lease of the Old City Stadium with the Kings Mountain Optimist Club – Mickey Corry, City Attorney. Upon motion by Councilmember Mike Butler and seconded by Councilmember Dean Spears it was unanimously voted to adopt Resolution 12-34 authorizing the Mayor to execute lease of the Old City Stadium with the Kings Mountain Optimist Club. Voluntary non-contiguous annexation petition from B & D Enterprises, Inc. – Case No. 2012-VA-2. Upon motion by Councilmember Mike Butler and seconded by Councilmember Rodney Gordon it was voted 6 - 1 to reconsider and adopt Ordinance 12-20 approving voluntary non-contiguous annexation petition from B & D Enterprises, Inc. – Case No. 2012-VA-2. Councilmember Tommy Hawkins voted no. Voluntary non-contiguous annexation petition from Patel Yash K., LLC – Case No. 2012-VA-1. Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember Rick Moore it was voted 4 - 3 to reconsider and adopt Ordinance 12-21 approving voluntary non-contiguous annexation petition from Patel Yash K., LLC – Case No. 2012- VA-1. Councilmember Mike Butler, Councilmember Keith Miller and Councilmember Rodney Gordon voted no. Minutes – August 28, 2012 Page 14 CLOSED SESSION Upon motion by Councilmember Keith Miller and seconded by Councilmember Tommy Hawkins it was unanimously voted to recess the Regular Meeting at 6:58 p.m. and enter into a Closed Session to consult with the City Attorney Mickey Corry on a legal matter Upon motion by Councilmember Rodney Gordon and seconded by Councilmember Tommy Hawkins it was unanimously voted to close the Closed Session and re-enter the Regular Meeting at 7:18 p.m. Mayor Murphrey stated that no action was taken in Closed Session. ADJOURNMENT Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember Rick Moore, it was unanimously voted to adjourn at 7:19 p.m. BY:____________________________________ Edgar O. Murphrey, Jr., Mayor ATTEST: ____________________________________ Ann L. Sessom, MMC City Clerk