City Council Meeting Agendas and Minutes

REGULAR SESSION OF AUGUST 29, 2017 The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on Tuesday, August 29, 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, Rodney Gordon, Mike Butler and Tommy Hawkins. Also present: Mickey Corry, City Attorney; Marilyn Sellers, City Manager and Lynda Mattox, City Clerk. INVOCATION The invocation was given by Reverend John Houze, Peoples Baptist Church, Kings Mountain, North Carolina. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Neisler. AGENDA ADOPTION Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Curtis Pressley, it was unanimously voted to adopt the Agenda as presented. SPECIAL PRESENTATION AND RECOGNITIONS City Councilmember’s Comments and Remarks: Councilmember Hawkins recognized all the City employees who have worked on Patriots Park. They worked hard and got the job done. He thanked Nick, Marilyn and the Mayor also. Councilmember Shipp publicly thanked the Lord for allowing him another birthday. MAYOR’S COMMENTS AND REMARKS Mayor Neisler commented on the Ribbon Cutting at Shu Carlton Stadium, also known as Old City Stadium. Mrs. Louise Carlton was there and the Mayor shared a “Thank You” note Mrs. Carlton and her daughter sent. The Black and Gold Scrimmage game was held after the Ribbon Cutting. He thanked the City workers who worked Minutes – August 29, 2017 Page 2 extremely hard to renovate the stadium and making it a great show place for the people in Kings Mountain. The Kings Mountain Force, the semi-pro professional team won their first play-off game against the Georgia Falcons there and will be traveling to Atlanta this weekend to take on the Thrashers. The championship game will be played in Wilmington and the winner of the East Division will play the West Division at AT&T Stadium in Dallas, TX. The Force is currently number 1 in the East Division. Mayor Neisler recognized the following City employees: • Buddy Black for 10 years of service with the Police Department • Dustin Vaughn for 5 years with the Water Resources Department • Willard Lee (JR.) Yarborough, Jr. on his retirement after 32 years with the Fire Department and presented him with his fire helmet • Bryan Mauney for achieving his Level I Building Inspector certification Mayor Neisler recognized the Library Adult and Teen Volunteers for their 200 hours of volunteer work during the Summer Reading program. Mayor Neisler read a Proclamation for Litter Sweep Fall 2017 and proclaimed September 16-30, 2017 as “Litter Sweep” time in the City of Kings Mountain. Mayor Neisler accepted a plaque on behalf of the City of Kings Mountain from Kings Mountain Optimist Club in appreciation for the outstanding renovation work at Shu Carlton Stadium. Mayor Neisler proposed that this plaque be displayed at Public Works. Mayor Neisler made congratulatory remarks in honor of Sophia Kellstrom being named Miss Gastonia. She will participate in the Miss North Carolina pageant in Raleigh in June. SPECIAL EVENTS UPDATE Jan Harris, Main Street Director updated Council on the BeachBlast event held August 26, 2017. All renovations at Patriots Park were finished in time for BeachBlast and we have gotten so many compliments on the renovations. Everyone loves the venue. Ms. Harris feels it is one of the best events the City has had. Minutes – August 29, 2017 Page 3 The 9/11 Observance will be held September 11 and is being held at the American Legion at noon. Afterwards, the Legion members are going to cook lunch for all first responders – fire, police and EMT. CITIZEN RECOGNITION Lyn Cheshire, 613 E. Ridge Street, spoke against the rezoning request of 121 N. Oriental. Mayor Neisler mentioned to him that he may want to consider restating his concerns during the Public Hearing on this rezoning. City Attorney Mickey Corry stated the Minutes might reflect these comments more appropriately during the Public Hearing and Mr. Cheshire may want to make his presentation again so the Minutes will be more accurately reflecting his comments. Rick Cox signed up to speak, but will make his presentation during the Public Hearing. Dale Greene stated he did not wish his comments be in the Minutes and spoke against multi-family residential housing. No one else requested to speak. PRESENTATION Adria Focht, Director and Curator of the Kings Mountain Historical Museum presented a PowerPoint presentation and updated Council on the programs and growth of the Museum during the last year. She thanked the City of Kings Mountain for their support, making it possible for the Museum to continue to grow. Mayor Neisler stated that Kings Mountain is so blessed to have her as director of the Museum. She does an excellent job. CONSENT AGENDA Upon Motion by Councilmember Tommy Hawkins, seconded by Councilmember Rodney Gordon, it was unanimously voted to approve the following Consent Agenda items: A. Minutes of the Regular Meeting of July 25, 2017. B. Budget Amendment in the amount of $40,000 to appropriate funds for NTE gas transmission connection which will be reimbursed by NTE. C. Budget Amendment in the amount of $100,000 to appropriate funds for State grant related to the Patriots Park renovations. Minutes – August 29, 2017 Page 4 D. Budget Amendment in the amount of $27,000 from the General Fund for capital outlay - Moss Lake Boat. E. Award financing to Municipal Leasing Consultants for a 2017 Autocar Heil Front Loader and a 2017 Automated Refuse Packer Autocar for the Sanitation Department in the amount of $556,833 with an interest rate of 1.987% and financing terms of 5 years with the first payment in the next fiscal year. (budgeted item) F. Award financing to Municipal Leasing Consultants for a 2017 Altec Digger Derrick Truck for the Electrical Department and a 2017 Altec Service body Ford F350 for the Gas Department in the amount of $384,860 with an interest rate of 1.987% and financing terms of 5 years with the first payment in this fiscal year. (budgeted item) G. Authorize the Mayor to execute an Interlocal Agreement to purchase equipment through National Joint Powers Alliance (NJPA). H. Authorize the Mayor to execute a Natural Gas Re-Delivery Agreement between the City of Kings Mountain and NTE Carolinas, LLC – per work session of August 21, 2017. I. Authorize the Mayor to execute Transcontinental Gas Pipeline Service Agreement Amendment Contracts – per work session of August 21, 2017. J. Authorize the City Clerk to place a Public Notice in the Kings Mountain Herald, pursuant to 49 CFR Part 192 Pipeline and Hazardous Materials Safety Administration, to City of Kings Mountain existing natural gas customers for the right to request the installation of an Excess Flow Valve (EFV) based upon certain criteria. K. Re-appoint Kemp Mauney, Maria Carter–Holiday Inn Express and Kamlesh Patel-Quality Inn to the Kings Mountain Tourism Development Authority for a term of (two) 2 years, expiring June 30, 2019. REGULAR MEETING Upon Motion by Councilmember Rodney Gordon, seconded by Councilmember Tommy Hawkins, it was unanimously voted to close the Regular Meeting and enter into a Public Hearing to discuss the following: Minutes – August 29, 2017 Page 5 A Required Public Hearing for future Community Development Block Grant (CDBG) application - Jessica Trotman, Planning Director/Steve Austin. Mr. Steve Austin was present to discuss the purpose of the public hearing for the City of Kings Mountain’s potential CDBG funding application(s) within the next 12 months. He stated that the purpose of the public hearing was to obtain citizen’s views and to respond to funding proposals and answer any questions posed by citizens. He also stated that the public hearing must cover the City’s community development needs, development of the proposed activities, and a review of program compliance before the submission of the City’s CDBG funding applications to the state of the North Carolina. This is the first of two required public hearings to be held prior the submission of a CDBG application. The City may request funding from NC Department of Environmental Quality (NCDOQ)’s CDBG-I program and NC Department of Commerce’s (NCDOC) CDBG program. The purpose of the CDBG-I grant program are: To improve the quality of life for low to moderate income people by providing a safe, clean environment and clean drinking water through water and sewer infrastructure improvements and extensions of service. • To benefit a residential area where at least 51% of the beneficiaries are low to moderate income as defined by the United States Department of Housing and Urban Development. • To perform eligible activities. • To minimize displacement, and • Provide displacement assistance as necessary. For the current fiscal year, the CDBG funding available is expected to be approximately $40-45 million statewide for small cities and counties. The maximum available grants range based on the specific grant category that the City may pursue. Applications for funding are received at various times during the year and are noted on the NCDENR and NCDOC websites. The CDBG program is able to fund a wide variety of community development activities. The State of North Carolina has chosen to fund two activities: water and sewer infrastructure, and economic development and various pilot projects that lead to job creation or retention and/or benefit low and moderate income persons. The infrastructure program, or CDBG-I program can found a range of water and sewer infrastructure and economic development activities, including, but not limited to the, following: Minutes – August 29, 2017 Page 6 Water: • Projects that resolve water loss in distribution systems. • Projects that extend public water to areas with contaminated wells. • Projects that extend water lines to areas with dry wells. • Projects that assist with low water pressure in public water systems. • Projects that regionalize two or more water systems. • Projects that rehabilitate or replace a water treatment plant. Wastewater: • Projects that resolve inflow and infiltration to collection systems and surcharges from pumps stations and manholes. • Projects that extent public sewer to areas with failed septic tanks. • Projects that rehabilitate a wastewater treatment plant to allow for greater efficiency/compliance with regulations. A total of 100% of the CDBG- I funding will be used to benefit Low to Moderate Income (LMI) people. The range of activities covered by the CDBG-I funds includes: • Construction • Environmental Review • Engineering Design • Construction Administration and observation. • Legal activities • Surveying • Grant Administration If the City of Kings Mountain is awarded a CDBG grant, the town is required to adhere to federal procurement requirements and other federal regulations which include: • American with Disabilities Act/Section 504 Survey • Davis-Bacon & Related Labor Acts • Adoption/Submittal of a Citizen’s Participation Plan • Adoption/Submittal of an Equal Opportunity Plan • Adoption/Submittal of a Fair Housing Plan • Adoption/Submittal of a Language Access Plan • Adoption/Submittal of a Relocation Assistance Plan • Adoption/Submittal of a Section 3 Plan • Excess Force Provision Minutes – August 29, 2017 Page 7 The State of North Carolina requires that if the City of Kings Mountain receives CDBG grant funding that the town will certify that they will comply with the requirements of the general displacement and relocation policy for CDBG grant funding. This policy assists low to moderate income people with costs associated with relocation or displacement, should such relocation become necessary due to the project activities. CDBG funds can be used for those costs, if necessary. If no displacement and relocation will occur as a result of the proposed CDBG grant activity, then the City of Kings Mountain confirms that during this public hearing. Federal HUD regulations require that two public hearing be held prior to the submission of an application. The first hearing is to receive input from citizens as to the community development needs of the City. A second public hearing, specific to the project would be held at a later date within the next twelve months. No one requested to speak. A Request by Brinkley Properties of Kings Mountain, LLC to rezone five properties (Parcels 11879, 11897, 11895, 9836 and 13648) located between Margrace Road and Kings Mountain Boulevard east of Bain Road, to the east of “Testa Family Hospice House” and to the west of Pinehurst Drive. It encompasses 120 acres. The request is to rezone the properties from Conditional District R-6 to Residential R-10 - Case No. Z-1-1-17 - Jessica Trotman, Planning Director. The application was made by Brinkley Properties of Kings Mountain, LLC. The parcels are owned by Manuel & Rosemarie Pereira, Bunch Incorporated, and Kelly A. Bunch. The request is to rezone five subject parcels from Conditional District R-6 to a principle zoning district of R-10. R-10 is primarily restricted to residential zoning for single family dwellings. The minimum lot sizes in R-10 range from 10,000 square feet to 20,000 square feet with the size requirements depending on the types of water and sewer available on the property. • Single Family Dwellings with public water and sewer = 10,000 • Single Family Dwellings with either public water or sewer = 15,000 • Single Family Dwelling with NO public water or sewer = 20,000 The parcels do not have physical addresses or addressable structures on them. The parcel numbers are 11879 (70.58 acres), 11897 (29.94 acres), 11895 (13.73 acres), 9836 (10.35 acres), and 13648 (3.14 acres). The parcels total close to 128 acres. The parcels are located off of Margrace Road and back up toward Phifer Road behind the Hospice Center. Minutes – August 29, 2017 Page 8 These 5 parcels are in the ETJ. The area surrounding the subject parcels is largely residential, with some general business and light industrial. Areas adjacent to the City’s incorporated area will experience pressure to support more intense uses, as urbanization is inevitable. Currently the parcels are undeveloped. There is a proposed Planned Unit Development, which is properly zoned for at this time, to contain limited retail, market rate apartments, active senior housing, and single-family homes. The corridor is a mixture of uses and densities, with significant residential development. Phifer and Margrace Roads, in this planning process, are considered minor arterial roads, which higher density residential development is considered appropriate. This supports controlled development as recommended in the Land Use Plan. The anticipated development nodes on Kings Mountain Boulevard’s minor arterials roads compliment the more intense commercial and institutional development on the major arterial roads. The recommendations for increased density are made on principles of livability, connectivity, active transportation, and reduction of sprawl development. This promotes safety, improves livability, protects aesthetic quality and requires efficient installation of infrastructure. The current Conditional R-6 zoning aligns with the development and agrees with the Land Use Plan and is recommended, as the area calls for intense land use and denser residential development. Nick Tosco, attorney representing Brinkley Properties of Kings Mountain, LLC spoke for the rezoning request. Cabell Clay, attorney representing Orchard Trace, spoke against the rezoning request. A Request by Rick Cox to rezone property located at 121 N. Oriental Avenue, Parcel 8158, from R-10 to General Business - Case No. Z-3-7-17- Jessica Trotman, Planning Director. The parcel is undeveloped and at this time there is no proposed project. It is currently zoned R-10, and is a hair short of half an acre in size. The applicant wishes to be rezoned to General Business. The subject parcel is located in an area with a mix of principle zoning districts. Within a one block radius, you will find R-8, R-10, GB, and Neighborhood Business. One adjoining parcel – to the North – is zoned R-10. The other adjoining property to the Minutes – August 29, 2017 Page 9 South, faces East King Street and is zoned General Business. As the City continues to grow, it is not a surprise to see an intensifying level of commercial development. The land use development plan anticipated increasing development down King Street, with thought of a mixed use node or center approximately one block from the subject parcel. I don’t think this has fully developed as anticipated, but with increased residential development from multifamily housing and increasing bike and pedestrian facilities in the future, I think it will eventually be more fully realized. Because there is change in use, the ordinance calls for required landscaping between the districts. In this request, 90% opaque buffering is required between the residential parcels to the North and West. It can be vegetative in nature, at 10 feet thick, or a combination of vegetation and a wall or fence. Because the parcel is undeveloped, careful clearing of the property can likely achieve this goal. The property will also require the standard street yard landscaping, which is a five foot wide strip of vegetation along the street right of way and side property boundaries of the same use. It contains 15 small and medium sized shrubs for every 100 linear feet. Only driveways and sidewalks can intrude on the side yard. Given the mix of uses in the area I do not believe the rezoning, which takes general business one parcel into the interior of the block, is unexpected or inappropriate. Staff concurs with the Planning and Zoning Board to recommend that City Council approve the rezoning request. Councilmember Rhodes asked if the buffer would be on both sides that are adjacent to land of the homeowners. Mrs. Trotman stated it would. Councilmember Butler asked what the property on King Street was zoned. Mrs. Trotman stated the one in front of it is GB and the adjacent property is also. Councilmember Miller asked what would be an expected transitional type of development that would be expected to see on a property like this if it were rezoned GB to be part of development of properties in front. Mrs. Trotman stated she would expect to see some level of denser residential development in the area or potential neighborhood business infill. She stated the idea with the GB request is to make it more marketable and that there is not a proposed project so it is hard to speculate what kind of conditions may occur. Councilmember Butler asked if we could return to the Brinkley rezoning topic and asked Mrs. Trotman if she could address the traffic and parking study. Mrs. Trotman stated; “Mickey Corry would tell me that I don’t have a definition for either of those requirements. On the site plan, I see parking spaces and I see a logical pathway in and Minutes – August 29, 2017 Page 10 out of the PUD onto the major roads. At a rezoning level, I am not interested in putting the expense on the developer for a traffic impact analysis that will be required from DOT moving forward in a two-tier process, which we have made abundantly clear is how this process moves forward. The traffic that comes in and out of this development will be considerable, but no development that has ever happened in Kings Mountain here or in the future has been subject to skip over the infrastructure required to handle that traffic.” Mayor asked if anyone would like to speak for the rezoning of the property at 121 N. Oriental Avenue. Rick Cox, 711 E. Ridge St., Kings Mountain, spoke in favor of the rezoning request. Charlotte Ware, 200 Cleveland Ave., Kings Mountain, spoke against the rezoning request. Lyn Cheshire, 613 E. Ridge St., Kings Mountain, spoke against the rezoning request. No one else requested to speak. Zoning Text Amendments: (1) Executive Summary Page 14, (2) Article XIV – Section 1.2 – Amendment Initiation 2-c (3) Section 14.5 – City Council Action (4) Section 14.6 – Protest Petition and (5) Section 14.8 – Maximum Number of Applications – Case No. Z-2-7-17 - Jessica Trotman, Planning Director. Jessica Trotman, Planning Director stated: “Please accept this as a recommendation from the Planning and Zoning Board that City Council approve the following Zoning Ordinance Text Amendments. The first, noted as Executive Summary (page 14) is for the sake of consistency. It should be six months, not four. In the future you may consider extending this period of time, but for now consistency with six months seems the most reasonable edit to the document. Article XIV Section 14.2 Amendment Initiation 2c No longer would any resident be able to petition the city to rezone property they do not have personal interest in. We changed the language to “documented financial interest” in addition to the owner or agent thereof. At this time we do not qualify if 3 percent ownership is more qualifying than 51% ownership, and I’m not sure that it should, but once again that is something you could consider in the future on consultant with the City Attorney. Minutes – August 29, 2017 Page 11 Article XIV Section 14.5 City Council Action This removes the size of the legal newspaper notice from the ordinance. This is not required by the NCGS for public notice, and is unnecessary. Article XIV Section 14.6 Protest Petition The Protest Petition is no longer legal in the State of North Carolina. We are removing the old language and replacing it with the protest petition language of the North Carolina General Statutes. Article XIV Section 14.8 Maximum Number of Applications In this statement we are adding language to be clear that applications will not be accepted by the Planning Department or reviewed by the Planning Board or City Council until the expiration of six months after a successful rezoning is completed. Staff concurs with the Planning and Zoning Board that the proposed text amendments be approved. No one requested to speak for or against this matter. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Curtis Pressley, it was unanimously voted to close the Public Hearing and re-enter the Regular Meeting. Mayor Neisler recognized Jessica Trotman and stated that this is Jessica’s last day and that she will be taking a position as Planning Director in Black Mountain, NC. He thanked her on behalf of Council and staff for her service to the City of Kings Mountain. (Action on Item 11A) No action required. (Action on Item 11B) Mayor Neisler read the Governing Board Statements approving/denying the rezoning request: GOVERNING BOARD STATEMENT “FOR” THE AMENDMENT OF CONDITIONAL REZONING The proposed amendment is consistent with the City’s Land Use Development Plan because R-10 zoning district allows for moderate residential density, which could be part of the balance of future land uses dependent upon development patterns on and in close proximity to Kings Mountain Boulevard. Minutes – August 29, 2017 Page 12 GOVERNING BOARD STATEMENT “AGAINST” THE AMENDMENT OF CONDITIONAL REZONING The proposed amendment is not consistent with the City’s Land Use Development Plan because the anticipated development nodes on Kings Mountain Boulevard’s minor arterial roads compliment more intense commercial and institutional development on the major arterial roads. The current Conditional District R-6 zoning aligns with the development and agrees with the Land Use Plan, as the area calls for intense land use and denser residential development and does not conflict with public health or safety. Councilmember Hawkins made a motion approving the Governing Board Statement “for” the Amendment of Conditional Rezoning. Councilmember Miller offered a Substitute Motion approving the Governing Board Statement “against” the proposed Amendment. Councilmember Rhodes seconded Mr. Miller’s Substitute Motion. Councilmember Butler seconded Mr. Hawkins Motion. For the record, City Attorney, Mickey Corry stated he heard a Motion and a Second on the Substitute Motion, therefore the vote must be done on the Substitute Motion. There is a Motion on the floor “against” the Governing Board Statement. It was voted 6-1 approving the Governing Board Statement “Against” the Amendment of Conditional Rezoning. Councilmember Hawkins cast the dissenting vote. Upon Motion by Councilmember Howard Shipp, seconded by Councilmember Keith Miller, it was voted 6-1 to deny the Ordinance amending the zoning map for the City of Kings Mountain. Councilmember Butler cast the dissenting vote. (Action on Item 11C) Mayor Neisler read the Governing Board Statements approving/denying the rezoning request: GOVERNING BOARD STATEMENT “FOR” THE REZONING REQUEST FROM R-10 TO GB The proposed amendment is consistent with the Land Use Development Plan which generally anticipates an increase in commercial development along King Street. GOVERNING BOARD STATEMENT “AGAINST” THE REZONING REQUEST FROM R-10 TO GB. Minutes – August 29, 2017 Page 13 The proposed amendment is not reasonable because it introduces commercial development in close proximity to residential areas and reduces buffers to the neighborhood. Councilmember Miller stated that both Mr. Cheshire and Mrs. Ware both pointed out existing traffic concerns and regardless of how this vote goes tonight, the traffic concerns they expressed should be reviewed by staff and our traffic committee and investigate the traffic concerns they mentioned and see if mitigation efforts are warranted. There are still very large parcels on King Street that are very likely to become developed as General Business type developments which could aggravate traffic conditions therefore it is important to be proactive. There may be mitigation efforts that could be available to calm the traffic on those streets. Councilmember Gordon commented that if there is an existing problem that has been identified, we should look into it. He stated he would like to see a proposed plan for a rezoning as GB because it opens the door for a lot of different developments. He would rather see a proposed plan because there would be an infringement on the neighborhood. A Motion was made by Councilmember Rodney Gordon and seconded by Councilmember Curtis Pressley to deny the Governing Board Statement “For” the rezoning request. Councilmember Mike Butler made a Substitute Motion to table the matter but after discussion withdrew his Substitute Motion. Mayor Neisler stated that there is a Motion on the floor to deny the Governing Board Statement “for” the rezoning request and it was voted unanimously to deny the Governing Board Statement “for” the rezoning request. Upon Motion by Councilmember Rodney Gordon, seconded by Councilmember Tommy Hawkins, it was voted 6-1 to deny the Ordinance amending the zoning map for the City of Kings Mountain. Councilmember Shipp cast the dissenting vote. (Action on Item 11D) Upon Motion by Councilmember Keith Miller, seconded by Councilmember Mike Butler, it was unanimously voted to amend the Zoning Text for the City of Kings Mountain – (1) Executive Summary Page 14, (2) Article XIV – Section 1.2 – Amendment Initiation 2-c (3) Section 14.5 – City Council Action (4) Section 14.6 – Protest Petition and (5) Section 14.8 – Maximum Number of Applications – Case No. Z-2-7-17. Minutes – August 29, 2017 Page 14 ADJOURNMENT Upon Motion by Councilmember Howard Shipp, seconded by Councilmember Jay Rhodes, it was unanimously voted to adjourn at 7:45 pm. BY:____________________________________________ G. Scott Neisler, Mayor ATTEST: _____________________________________________ Lynda G. Mattox, City Clerk