City Council Meeting Agendas and Minutes

AGENDA FOR THE REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 26, 2022, 6:00 P.M. CITY HALL COUNCIL CHAMBERS 1. Call to Order and Determination of a Quorum. 2. Invocation by Reverend Roger Woodard, Family Worship Center, Kings Mountain, North Carolina (Please stand for Invocation and remain standing for Pledge of Allegiance). 3. Pledge of Allegiance – Mayor Pro Tem Keith Miller. 4. Motion to adopt the proposed Agenda (Only emergency items shall be added to the agenda. Emergency shall be defined and requested by the City Manager. Upon approval of the Mayor and City Council the item will be added. Consent Items will be adopted with a single motion, second and vote unless a request for removal from the Consent Agenda is heard from a Councilmember). 5. City Councilmembers and City Manager’s comments and remarks. SPECIAL PRESENTATIONS AND RECOGNITIONS 6. Mayor Pro-Tem’s comments and remarks. Page 5 ▪ Proclamation for National Police Week, May 15-21, 2022 ▪ Resolution of Gratitude to King’s City Church ▪ Employee Recognitions o James Noah Allen Fire 5 years o Claude Ross Clark Fire 5 years o Wade Matthew Dull IT 10 years o Christina M. Martin Library 10 years 7. Streetscape Update – Nick Hendricks, Energy Services Director/Assistant City Manager, Richard Flowe and Gary Fankhauser, N-Focus. 8. Special Events Update – Christy Conner, Special Events Director. 9. Citizen Recognition - Persons wishing to appear before the Council during this portion of the meeting should register their name and the subject they wish to address with the City Clerk prior to the beginning of the meeting. In an effort to maintain order and decorum, we would encourage speakers to be courteous and respectful during this portion of the meeting in which citizen input is heard. Please refrain from profanity, inappropriate gestures, insults, personal attacks or accusations. Each presentation will be limited to three (3) minutes. CONSENT AGENDA 10. Motion to approve the following Consent Agenda Items: A. Minutes of the Special Meeting of March 8, 2022, March 10, 2022 and the Page 11 Regular Meeting of March 29, 2022. B. Amend Grant Ordinance 21-25 that was adopted June 29, 2021 for the American Rescue Plan Act (ARPA) to establish a budget for a project to be funded by the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021. This amendment is necessary to provide required language and content suggested by recent LGC Guidance. Page 30 C. Award bid in the amount of $234,777 to Two Brothers Utilities, LLC for Brice Street Water Line Improvement Project. This is a recommendation Page 33 from the Water Department. D. Authorize the Mayor to execute a Moss Lake Use Agreement which would allow the Cleveland County Amateur Radio Service Inc. (CCARS) use of the Moss Lake Park beginning Saturday, June 25th at 2:00 pm to Sunday, June 26th at 2:00 p.m. This is a recommendation from the Moss Lake Page 38 Commission. E. Authorize the Mayor to execute an Interlocal Agreement Creating Consortium for Participating in HUD “Home” Program and to continue participation in the U.S. Department of Housing and Urban Development’s HOME Investment Partnership with Gastonia/Gaston County Consortium for the successive three-year qualification period (2022-2025). The City Page 42 has participated in the program since 2004. F. Adopt an Ordinance amending the City Charter to place annexed areas into the existing wards. A Public Hearing on this matter was held at the Page 49 Regular Meeting of Tuesday, March 29, 2022. G. Adopt a Resolution indicating the Intent of City Council to consider the redrawing of Ward lines for placement of annexed properties into the existing 5 wards, as well as moving one parcel that was previously placed in Ward Four to Ward One, and scheduling the date of Tuesday, May 31, 2022 at 6:00 p.m. for a Public Hearing to consider the adoption of an Page 54 Ordinance amending the City Charter assigning the annexed properties. H. Approve a Transaction Confirmation for Immediate Delivery with Gas South for the City’s natural gas asset management services and authorize the Mayor to execute the transaction confirmation. This contract will replace the month-to-month contract that the City currently has with Texla Energy. This is a recommendation from Nick Hendricks, Energy Page 60 Services Director/Assistant City Manager.  I. Award of Contract to LaBella in the amount of $197,000 for Moss Lake Page 67 Sediment Correction Action Plan. J. Authorize the Mayor to send a letter of support for the North Carolina Department of Transportation’s (NCDOT’s) Multimodal Project Discretionary Grant (MPDG) application. The MPDG grant would contribute to the I-85 Funding Transportation Utilizing Resilient, Equitable, Solutions (I-85 FUTURES) project in Cleveland and Gaston Page 69 Counties. PUBLIC HEARING In the spirit of proper behavior and good manners we kindly ask that speakers refrain from profanity, inappropriate gestures, insults, personal attacks or accusations. All comments should be made at the appropriate time during each public hearing item without interruption to the speaker who has the floor. Speakers should address Council at the podium beginning by stating your name and address while speaking directly into the microphone so that all may hear. 11. Motion to close the Regular Meeting and enter into a Public Hearing to consider the following: A. Consider a request from Champion Enterprises, Inc. to rezone property located on or about 1414 Bethlehem Road and consisting of 10.22 acres, and being further identified as Cleveland County Tax Parcel 11339 from Rural (RU) to Page 72 Suburban Residential (SR) – Stuart Gilbert, Economic Development and Planning Director. B. Consider a request from Kenneth Bullard to rezone property located at 1917 Bethlehem Road and consisting of 109.954 acres, and being further identified as Cleveland County Tax Parcels 12898, 45639, and 57785 from Suburban Residential (SR) to Rural (RU) – Stuart Gilbert, Economic Development and Planning Page 89 Director. C. Consider text amendments to the City of Kings Mountain Unified DevelopmentPage 106 Ordinance - Stuart Gilbert, Economic Development and Planning Director. 12. Motion to close the Public Hearing and re-enter the Regular Meeting. REGULAR MEETING 13. (Action on 11A) Motion to adopt a Consistency Statement in Favor/Against a request from Champion Enterprises, Inc. to rezone property located on or about 1414 Bethlehem Road and consisting of 10.22 acres, and being further identified as Cleveland County Tax Parcel Page 73 11339 from Rural (RU) to Suburban Residential (SR) – Case No. Z-22-4. Motion to approve/deny an Ordinance amending the zoning map of Kings Mountain, NC to rezone property located on or about 1414 Bethlehem Road and consisting of 10.22 acres, and being further identified as Cleveland County Tax Parcel 11339 from Page 74 Rural (RU) to Suburban Residential (SR) – Case No. Z-22-4. 14. (Action on 11B) Motion to adopt a Consistency Statement in Favor/Against a request from Kenneth Bullard to rezone property located at 1917 Bethlehem Road and consisting of 109.954 acres, and being further identified as Cleveland County Tax Parcels 12898, Page 90 45639, and 57785 from Suburban Residential (SR) to Rural (RU) – Case No. Z-22-5. Motion to approve/deny an Ordinance amending the zoning map of Kings Mountain, NC to rezone property located at 1917 Bethlehem Road and consisting of 109.954 acres, and being further identified as Cleveland County Tax Parcels 12898, 45639, Page 91 and 57785 from Suburban Residential (SR) to Rural (RU) – Case No. Z-22-5. 15. (Action on 11C) Motion to adopt an Ordinance to repeal and replace Chapter 156, the City of Kings Page 107 Mountain Unified Development Ordinance. ADJOURNMENT: 16. Motion to Adjourn. The City of Kings Mountain would like to ensure that people with disabilities have the ability to access its meetings, programs, and activities. Should you require assistance to participate in a meeting of the City of Kings Mountain City Council, please contact the City Clerk at least 5 business days before the event. Topic UDO Section Assigned To: Status Actual Text amendment BUCKET # P&Z Board FIX TYPOGRAPHIC ERRORS everywhere in 236 pages City Council preference ok to do and document in encode, or do we need to find every typo and share details in an ordinance 1 Y Change all references of Public works Director to Subdivision Administrator or their designee as it relates to financial guarantees and decisions related Public Works Director (financial guarantee) (2) Stuart In general Y herein. 2 Creation of New Streets. …."Remove the last sentence- These will only be required on one side of the street and around a cul-de-sac as otherwise noted." sidewalks on both sides of the streets (2) 156.70.02.J (A-3) Stuart In general Y It was the intent of the remaining sections to ensure that new streets and roads have side walks on both sides. 2 Continuing Review Process. Complete applications should subsequently undergo the processes established in Section 156.90.03.E, Staff Review and 156.90.03.D.O fix section reference (2) 156.90.03.D.O Kimberly Take 125.01.06 change to 156.90.03.E Y Distribution. (The current reference to 125.01.06 is WRONG. This is merely an editing error.) 2 In existing residential neighborhoods where residential infill development is desired, through the minor subdivision process, vehicular access may be granted through the provision of a paved public right of way that is at a minimum equal to the width of pavement on the streets connecting to the proposed new access way. An additional minimum 5’ utility easement is required on the new lots fronting the new pavement. The developed access way Alley ways for infill development (3) 156.70.02.D Kimberly New classification- Infill roadway/alley development Y will be of like or better design of the adjoining, existing streets. Curb and gutter, stormwater basins, and other amenities will at least match those found in the existing neighborhood and approved by the City of Kings Mountain Technical Review Committee. Access way naming will conform to the City of Kings Mountain Addressing Ordinance. Any new way-finding signage required by Ordinance will be provided at the developer's expense. 3.001 Upon change of ownership of a previously legal conforming use, allow for the consideration of an application for the issuance of a Special Use permit on This is need for issues similar to the Dialysis Center in Light Uses that were legal conforming that became non-conforming upon adoption of the UDO a case by case basis for uses that became legal non-conforming upon the adoption of the UDO. Use must have been continuous with no lapse in utilities Y Industrial to facilitate mortgages and property sales that have exceeded 60 days and are in good standing with the City of Kings Mountain. 3.01 Primary structure is ONE not 2 or more Clarification 3.01 Y 156.60.05.A Fence Standards A. Purpose. The following guidelines are in place to maintain visibility, safety, and consistency within similar districts. 156.60.04.B Location and Design Standards A. Residential Fences 1. Generally. installation of fencing does not require a zoning permit unless a building permit is also required. Building permits for fencing are required for commercial fencing over six (6) feet. 2. Setbacks. Fences are not subject to building setbacks. Fences built on property boundaries are considered common property with the adjacent neighbor. 3. Height. Fences in residential districts are not to exceed a height of six (6) feet. No fence located in the front yard shall exceed four (4) feet in height. Any fence taller than 4 feet must be located behind the front plane of the house. Fences (This is an entirely new section not currently covered in the ordinance) 156.60.05 Fences This was in the previous ordinance 4. Corner lot. Any privacy fence built on a corner lot shall be placed a minimum of twenty (20) feet from the Right of Way of the adjacent street. Y 5. Easements. Fences, along with any other permanent structure, are not allowed to be erected inside of any recorded utility easement, stormwater easement, or any other utility or access easement of record on the property. 6. Stormwater runoff. No fence shall be placed in such a way to divert or disrupt the general flow of stormwater runoff. B. Commercial Fences 1. Generally. Any commercial fence over six (6) feet in height must be permitted prior to construction. 2. Setbacks. Commercial fences are not subject to general building setbacks, but must remain outside of dedicated street rights-of-way. 3. Easements. Fences, along with any other permanent structures, are not allowed to be placed inside of any recorded utility easement, stormwater easement, or any other utility or access easement of record on the property. 4. Stormwater runoff. No fence shall be placed in such a way to divert or disrupt the general flow of stormwater runoff. 3.1 D. Timeframe for Violation to be Corrected. Failure to correct the violation within seven business days from the date of mailing the letter shall constitute an offense. Proposed Amendment: D. Timeframe for Violation to be Corrected. Failure to correct the violation within fourteen (14) business days from the date of mailing the letter shall Citation notice limit (discussion on number of times to send violation notices without remedy- discussion 156.140.04on removal of property from easements) Y constitute an offense. Purpose: Letters mailed First Class are considered delivered if they have not returned within 10 days. 7 business days does not allow enough time between the notice of violation and the issuance of the citation to deem a letter mailed First Class to be delivered. 3.1 These sections need to match the bylaws of the Boards. #3 states that the "Director" will be staff…in one case the "Director" appoints a recording 156.90.02.B.E.3 and secretary. In the BOA is syas the "Director" is the recording secretary. These need to be made to match. It's interesting that in the past the "Chairman" section 156.90.02.C BOA change elect chair and vice chair & secretary Y 156.90.02.C.E.3 has appointed the secretary and/or one was elected. The UDO does NOT indicate that this is the case. ALL of the paperwork needs to match and we need to follow one way consistently. 3.1  156.30.02-1 Dog Rescue allowed in Industrial Zone Permitted Uses by To change the use Table to allow for Kennells and Pet Rescue facilities in Light Industrial Zoning (LI) as a Special Use reviewed by City Council Y Zoning District 3.15 for the purpose of the vacant building ordinance: 1) warehousing of product not for retail sale would be considered "vacant" 2) properties with no Vacant Properties in the downtown-add defination of a vacant building Stuart In general regular hours of operation and/or not open to the public for sales or service would be considered vacant for the purpose of the vacant building Y ordinance. 3.2 Signs Requiring Zoning permits with NO Zoning Fee assessed: 1) Temporary special events signs or banners for religious, charitable, civic, fraternal, or similar orgaizations provided: a. Signs shall be erected no sooner than fourteen (14) days prior to an event and removed no later than seven (7) days This verbiage comes directly from the OLD Ordinance and does following an event. b) All signs shall be located on private property except such signs may be located within a street right of way subject to City Council not appear in the UDO. Should be added and "No signs on Political Signs and permits old section 10.7 -time frames prior and after elections 156.100.01 revised approval. c. Portable signs for such use may be allowed. d. Campaign and election signs provided: i. Each sign shall not exceed (16) square feet in area Y trailers or vehicles as they exceed the 16 square feet and be placed on private property out of public and private right of ways. ii. All such signs shall be removed within seven (7) days after the election for maximimum? which they were made. iii. Candidate shall be repsponsible for violations and fines. iv. Campaign and election signs shall neither be attached to utility poles not placed in public and private right-of-ways. 3.2 language for country club/restaurant in land use matrix Kimberly ADD to table of uses 3.3 Y Large acreage in city limits with multiple uses and buildings When a parcel of land within the city limits is larger than 10 acres, the Board of Adjustments may review requests for additional structures, barns, limits 10+ acre lands exempt from certain residential regulations Kimberly Y need exemtion for certain additional uses (bonafide farms) on size of accessory structures and other such matters that are non cofming in nature to the UDO. 3.3 This definition is not worded correctly and should be changed The second sentence in the definition is difficult to interpret. Suggested change: The use of the term "Firearms and Ammunition Sales" is intended to Firearms and ammunitions Definitions section Y to match the other sections of the ordinance describe a primary business use. This term does not apply to home occupations that allow for the sale of firearms as outlined and regulated by the ATF. 3.3 1) The combined square footage of accessory structures may NOT exceed the total area of the first floor of the primary structure 2) Not more than 2 Accessory Buildings Restrictions accessory structures will be allowed on lots of less than 2 acres without approval of a Special Use by the Board of Adjustments 3) Properties in the ETJ Y that are greater than 2 acres may have addtional buildings and exceed the first floor area with a Special Use permit of the Board of Adjustment. Applicability. Permanent off street parking in compliance with this Section and provided in the quantities listed in 156.60.01. A, shall be required when: Y 1. New construction or initial use of the property 2. A substantial change of use of change in zoning classification 3. Any building or parking expansion of Parking Changes in 1st Section Applicability rules greater than 20 percent. AND change the parking on "All Other Educational Facilities" to 1 per 5 students Criminal Penalty 156.150.02 These are illegal per 160D- Remove references Imprisonment, not allowed. Not a misdemeanor, etc….remove these references from the Ordinance Y Sign Face Sign "type" Should have read "sign face" Y  This classification was in no way ever intended to allow for a property to be used solely for exterior storage of vehicles, trailers, shipping containers, piles of logs, mulch, debris, or Definitions: Warehousing & Storage is more clearly defined as an indoor, enclosed structure. Warehouse facility (ie Amazon) that is the primary use. A Clarification of "Warehousing & Storage" in Use Table or definitions any other misc items. Clarify when tractor trailers, cargo Further discussion structure that facilitates shipments and storage in an indoor environment or heavily screened, covered, and paved facility. containers, and other similar items may or may not be allowed. (Mulch, used appliances, etc have been mentioned as well. 3.01 Sign requirements for commercial in SU drafted sent out for review 3.2 Further discussion Location of mini storage in Auto-Urban to require Special Use 1) in thoroughfare, must meet 90% non metal standards; 2) outdoor stoarge of boats, RVs, vehicles must be non-visible from the thoroughfare, covered, Mini Storage Permit. No tractor trailers, cargo containers, exterior storage, paved with numbered spaces; 3) metal roll up doors must face inward and not be visible from the street as they are part of the 90% standard; 4) ONLY Further Discussion etc… may be allowed. permissable in industrial zoning when staff is present to manage warehousing as the primary use. Explain how city specifications change from time to time and the city specificiations had not changed since the 1970s. Now with newer materials staff has rewritten the specifications. Staff recommends that city council authorizes staff to keep all city utility specifications up to date and to document the link to street cross section in 156.70.02 Stuart In general Pending location of where the newest specifications are located in the UDO. Furthermore staff recommends that the City Manager or designee be assigned to authorize changes in these technical specifications for subdivision, road and utility specifications. 3.1 Future Road Extension Diagram Stuart follow up Holly 3.1 Pending City Specifications for public utilities, public streets along with associated maps Stuart Show specifications 3.1 Pending Current Text: Specific Limited Uses. In accordance with the references in 156.30.02, Land Use Matrix, the following provisions apply to the uses listed below: 1. Animal Production & Support (excl. Swine & Feed Lots and Urban Chickens). a. Purpose. The purpose of this limited use is to provide rules and regulations for the keeping of agricultural animals or other livestock so that these animals do not become a nuisance, hazard, and/or health problem to the adjoining neighbors and the general public. b. Applicability. The provisions of this limited use shall not apply to dogs, cats, or other similar household pets. The Administrator reserves the right to determine what is considered a household pet. c. Minimum Lot Size. No livestock shall be kept, maintained or stabled on any lot less than two acres in size. Proposed amendment: Animals Suggested Changes appear in red Deferred 2. Animal Production & Support (excl. Swine & Feed Lots and Urban Chickens). a. Purpose. The purpose of this limited use is to provide rules and regulations for the keeping of agricultural animals or other livestock so that these animals do not become a nuisance, hazard, and/or health problem to the adjoining neighbors and the general public. b. Applicability. The provisions of this limited use shall not apply to dogs, cats, or other similar household pets. The Zoning Administrator or their designee reserves the right to determine what is considered a household pet. Likewise, the Administrator reserves the right to determine what is categorized as agricultural animals or other livestock for animals no considered common household pets and not clearly defined elsewhere in this UDO. c. Minimum Lot Size. No livestock shall be kept, maintained or stabled on any lot less than two acres in size. Additionally, this limited use should be removed from SU altogether, currently it is allowed in SU standard lots, SR standard lots, and all of RU. If this is not permitted in cluster or planned lots in SR, then it should not be in SU at all since the lot sizes in SU are smaller than SR either planned or cluster. 3.1 contractor compliance enforcement (new subdivisions) Stuart not started For Future working with TRC Committee 3.3 Further review compare old/new family subdivision requirements Kimberly Minor subdivision, Family subdivision seem to require more definition 3.3 Further review 500 ft driveway easement modification Kimberly 3.3 Further review one primary dwelling unit per platted lot (residential) Kimberly 3.3 Further review Add Section 4.2 definition relationship of building to lot - Kimberly 3.3 Further review formerly page 17 Kimberly 3.3 Further review Parking Requirements regarding pervious surfaces Kimberly what are the allowable ones? 3.3 Further review Subdivision ordinance- requirements related to all homes requiring power connection Stuart For future text amendment Need additional assistance from electric department to know best wording to use in the ordinance. 3.3 Further review Buffer Yards/Street Yards/Parking Lot Yards UNDER REVIEW Further review Temporary Freestanding Signs Further review send to fire chief/police /rickey putnam recommendations Connectivity of adjacent subdivisions- first subdivision Stuart "Where in the opinion of …." No action required from Plan/Zoning 3.2 Allow for the temporary use of a limited number of feather flags appropriately placed. Feather flags are Currently NOT allowed for more than a Feather Flags Stuart In general temporary use of 30 days or less and no more than 1 per 100 linear feet of road frontage. To change we need discussion with city council to know what No action required you all want to see as revisions. 3.2