City Council Meeting Agendas and Minutes

REGULAR SESSION OF JULY 25, 2017 The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on Tuesday, July 25, 2017 in the Council Chambers of City Hall with Mayor Scott Neisler presiding. ATTENDANCE The following Councilmembers were present: Howard Shipp, Keith Miller, Curtis Pressley, Jay Rhodes and Mike Butler. Rodney Gordon and Tommy Hawkins were unable to attend. Also present: Mickey Corry, City Attorney; Marilyn Sellers, City Manager and Lynda Mattox, City Clerk. INVOCATION The invocation was given by Reverend Moses Neuman, World Care Ministries, Kings Mountain, NC. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Neisler. AGENDA ADOPTION Mayor Neisler stated the City Manager would like Item 10B to be removed from the Consent Agenda for additional study by staff. Upon Motion by Councilmember Howard Shipp, seconded by Councilmember Jay Rhodes, it was unanimously voted to adopt the Agenda, removing item 10B from Consent. SPECIAL PRESENTATION AND RECOGNITIONS City Councilmember’s Comments and Remarks: Councilmember Curtis Pressley commended the 11/12 year old State Baseball Tournament winners. MAYOR’S COMMENTS AND REMARKS Mayor Neisler recognized the 11/12 year old winners of the State Baseball Tournament. He introduced each member of the team and coaches and stated that this team is the 2017 Dixie Youth “O” Zone Division Champions here in Kings Mountain. They will be traveling to Oxford, Alabama for the Dixie Youth World Series August 4-10th. Minutes – July 25, 2017 Page 2 Mayor Neisler recognized the following City employees:  Shamari Omar Ford for completing the North Carolina Grade C Distribution Operator certification course.  Jason Davis for achieving his Grade 1 Biological Operator Certification.  SRO Shane Davis for completing the School Resource Officer Certification Program through the North Carolina Justice Academy.  Jan Harris and the Main Street Department for being designated as a “2017 Main Street America Accredited Program” for meeting the standards of performance in 2016. Mayor Neisler recognized Mary Jackson Warren on her 104th birthday and proclaimed Sunday, July 30, 2017 as “Mary Jackson Warren Day”. Mayor Neisler recognized Luke Satterfield, Anthony Vagnozzi and Gage Grabert for achieving their Eagle Scout. Mayor Neisler read a Resolution encouraging Congress to create a reliable, predictable stream of resources to address deferred maintenance needs in America’s National Park System. SPECIAL EVENTS UPDATE Christy Conner, Special Events Coordinator updated Council on the following events: Thursday, July 27th will be a Pop-up Block Party Bash from 6:00 – 9:00 pm between West Gold Street and Battleground Avenue and Cherokee Street. There will be a DJ, music, and downtown businesses are invited to come out and promote themselves. There will be crafts for children, food and lots of fun. Tuesday, August 1st will be National Night Out typically held at Patriots Park but moving to the Walking Track due to a renovation project at Patriots Park. The Police Department and Fire Department will be doing a free bookbag give-away on a first come, first served basis. There will be music provided by Mark Blanton and Parkwood Baptist Church, a children’s bicycle safety class with free bicycle helmets to be given out. There will also be free hotdogs. This is an opportunity for everyone to come out and build a relationship with your local law enforcement. BeachBlast will be held on Saturday, August 26th from 10 am to 10 pm. There will be four bands in the lineup. The renovation work taking place at Patriots Park will be revealed at BeachBlast. With the addition of the amphitheater, there will be a better Minutes – July 25, 2017 Page 3 line of sight with the teared seating we have. There will be a kid’s zone area with water attractions, a watermelon eating contest and teeny, tiny tots contest. CITIZEN RECOGNITION No one requested to speak. PRESENTATION BreAnn Jenkins, 2017 USA National Miss Preteen North Carolina gave Council a presentation on a Blessing Box proposal. She stated this would be a project that would help those in need in our community. She proposed this being placed at Patriots Park. She would contact business owners for donations of materials and/or money to build the box and contact Principal Rikard at Kings Mountain High School to ask that the shop class build the box as a class project. She would contact 7 local churches for their help in the stocking of the Blessing Box with non-perishable foods. Upon Motion by Councilmember Curtis Pressley, seconded by Councilmember Jay Rhodes, it was unanimously voted to approve the proposed placing of a “Blessing Box” at Patriots Park. CONSENT AGENDA Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Curtis Pressley, it was unanimously voted to approve the following Consent Agenda items, removing Item 10B for further review by Staff: A. Minutes of the Special Meeting of June 19, 2017 and the Regular Meeting of June 27, 2017. B. A request to close the gravel portion of Groves Street between Northwoods Dr. and Alpine Dr. to prevent illegal trash dumping. removed C. Mayor to execute and amend the Mutual Aid Agreement contract with Centralina Council of Government. This comes as a result of newly appointed Chief Tessneer stepping into his duties as Chief of Police for the City of Kings Mountain. The current agreement is under former Chief Melvin Proctor’s command.  D. Schedule a Public Hearing for August 29, 2017 at 6:00 pm to consider Zoning Ordinance Text Amendments for: (1) Executive Summary, Page 14 Minutes – July 25, 2017 Page 4 (2) Article XIV – Section 14.2 – Amendment Initiation 2-C (3) Section 14.5 – City Council Action (4) Section 14.6 – Protest Petition (5) Section 14.8 – Maximum Number of Applications Case No. Z-2-7-17. REGULAR MEETING Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Mike Butler, it was unanimously voted to close the Regular Meeting and enter into a Public Hearing to discuss the following: A Request for a road name change by Industrial Commodities, Inc. (ICI) for Kinder Manufacturing Access Road portion to be changed to Crypton Drive, Case No. RNC- 1-7-17. Jessica Trotman, Planning Director An application was received to change the address from 210 Kinder Manufacturing Access Road to 210 Crypton Drive, which is the address the company ICI has been using. Upon further investigation to figure if this was a legitimate address change, we found a series of inconsistent and pretty confusing Ordinances, existing maps and memos. We could not decide if the road had fully been changed or not. The road sign at the origination point of the road is already Crypton. This would be a good way to clarify that the whole road is Crypton Drive and that there is no section referred to as Kinder Manufacturing Access Road. This would make the company very happy and everyone’s address will stay the same and continue to function exactly how it has been, but this clarification will let us clean up our maps and make our records more clean. No one requested to speak for or against this matter. A Request to amend the zoning map of the City of Kings Mountain, North Carolina – Area 3 ETJ – Case No. Z-1-7-17. Jessica Trotman, Planning Director I am sharing with you a comprehensive solution to a complicated zoning issue that we found in the ETJ. This is a small area between Margrace and Battleground which is about 2/10 of a mile from the county line. There are many non-conforming structures and lots in this area with the underlying zoning of R-10. The parcels were brought to my attention when a rezoning application was made for an undeveloped lot to be changed to R-20. When the lot did not meet this requirement, I began to see that many of these lots did not meet the current R-10 designation. This creates a challenge for the residents in this community that is comprised of mainly mobile homes. I explored all legal options to rectify the solution with the support of the School of Government, my colleagues in the City, my colleagues in other cities and the City attorney. These options range from the potential for variances to provisions in Minutes – July 25, 2017 Page 5 the zoning ordinance to remedy the zoning issue in the area. Eventually we determined that removing the area from the ETJ provided the most opportunity for the residents during a period of transitional residential development. We also spoke to the County and the County is on board. This area would never likely be annexed and in some respects, provides administrative relief to the City. This does not present issues with our Land Development Plan and I feel this is by far the most equitable way to resolve this issue. We have had more than a dozen calls to my office from residents in the area who received their notice for this Public Hearing and all of them were in strong support of this boundary change. One member of the audience was concerned this area was being annexed into the City and she was told it was not. The County will be this areas jurisdiction, not the City of Kings Mountain and should help clean up this area. No one requested to speak for or against this matter. Upon Motion by Councilmember Howard Shipp, seconded by Councilmember Curtis Pressley, it was unanimously voted to close the Public Hearing and re-enter the Regular Meeting. (Action on Item 11A) Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Mike Butler, it was unanimously voted to approve Resolution 17-26 renaming Kinder Manufacturing Access Road to Crypton Drive. Case No. RNC-1-7-17. (Action on Item 11B) Upon Motion by Councilmember Mike Butler, seconded by Councilmember Howard Shipp, it was unanimously voted to approve Ordinance 17-18 amending the zoning map for the City of Kings Mountain, North Carolina for the ETJ boundary of Area 3 – Case No. Z-1-7-17. Upon Motion by Councilmember Howard Shipp, seconded by Councilmember Mike Butler, it was unanimously voted to close the Regular Meeting at 6:40 pm and enter into a Closed Session to discuss a legal matter with the City Attorney. CLOSED SESSION Upon Motion by Councilmember Mike Butler, seconded by Councilmember Jay Rhodes, it was unanimously voted to close the Closed Session and re-enter the Regular Meeting at 7:30 pm. Minutes – July 25, 2017 Page 6 REGULAR MEETING Mayor Neisler stated that no action was taken in Closed Session. ADJOURNMENT Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Mike Butler, it was unanimously voted to adjourn at 7:35 pm. BY:____________________________________________ G. Scott Neisler, Mayor ATTEST: _____________________________________________ Lynda G. Mattox, City Clerk