City Council Meeting Agendas and Minutes

REGULAR MEETING OF OCTOBER 29, 2024 The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on Tuesday, October 29, 2024 in the Council Chambers of City Hall with Mayor Robert Wagman presiding. Call to Order and Determination of a Quorum The following Councilmembers were present: Annie Thombs, Mike Butler, Tommy Hawkins, Jimmy West, Shearra Miller, and Jay Rhodes. There is currently one vacant At-large Council seat. Also, present: Jim Palenick, City Manager, Mickey Corry, City Attorney and Karen Tucker, City Clerk. Invocation The Invocation was given by Pastor Scott Whitney, East Gold Street Wesleyan Church, Kings Mountain, NC. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Robert Wagman. Motion to Adopt the Proposed Agenda Upon Motion by Councilmember Mike Butler, seconded by Councilmember Jay Rhodes it was voted unanimously to adopt the proposed Agenda. Special Presentations and Recognitions Mayor Wagman read Resolution 24-33 recognizing Captain Buddy Black for completing the Police Chiefs Institute held at the North Carolina Justice Academy (NCJA). The Love Family was to be recognized as the 150th Year Celebrate a Citizen; however, they were unable to attend tonight's meeting. They will be recognized at the November 14, 2024, Work Session. Citizen Recognition Larry Dooley, 14 Heritage Lane addressed Council regarding the Moss Lake Fee Schedule. Mark Curtis, 156 Oak Point Drive addressed Council regarding the Moss Lake Fee Schedule. Chris Pullen, 805 Canterbury Road addressed Council regarding needed road signage on Canterbury Road. Mayor, Councilmembers and City Manager Remarks Councilmember Jay Rhodes asked for a moment of silence for Rick Duncan and his family to honor the passing of his wife. Project and Program Updates 8.A) Presentation and discussion regarding the City of Kings Mountain Public Street Lighting Policy for City Roadway Standards, relating to lighting requirements, pole heights, and pole spacing Wayne Ledbetter, Energy Services Director gave a brief presentation regarding the proposed Street Lighting Policy. This policy will coincide with the current Private Lighting Policy that was adopted earlier this year. It addresses spacing, minimum and maximum wattage for lighting, light type, as well as a proposal to move to all LED lighting on all City streets. The City does not have jurisdiction on NCDOT roads but will work with the State to meet our standards. There are many advantages to the use of LED lighting including a whiter light, more direct, focused coverage and less light pollution spilling upward than traditional high- pressure sodium. LED lighting is also more cost effective for the light itself, and lasts over 100,000 thousand hours which is 4-5 times longer than the traditional sodium. Lighting replacement will be done in a "block-style" approach by corridor. 8.B) Presentation and review of amendment to prepay contracts 2018C & 2019A between the City of Kings Mountain and PEAK (Public Energy Authority of Kentucky) that will allow the City to be provided the opportunity to implement a hedging strategy on the natural gas cost, used for producing electricity at the CPP (Carolina Power Partners) facility Wayne Ledbetter, Energy Services Director updated Council regarding the option of mitigating the effects of spikes in natural gas costs, used for producing electricity at the Carolina Power Partners facility by implementing a hedging strategy through the current PEAK agreements. This is an amendment to the original PEAK contracts created in 2018 and 2019, and simply gives the City the option to hedge natural gas prices, as well as provides a tool to guard against natural gas price volatility. The City would rely on a third party, a gas forecaster or an asset manager to advise us to initiate the hedge. If these amendments are approved, a hedging strategy and policy would follow for review and Council approval. This only pertains to the natural gas supply for the power plant. Consent Agenda Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Shearra Miller it was voted unanimously to adopt the following Consent Agenda: 9.A) Minutes of the Special Meeting of Tuesday, September 3, 2024, Work Session of Thursday, September 12, 2024, and Regular Meeting of Tuesday, September 24, 2024. 9.B) Make initial appointments to the Kings Mountain Parks and Recreation Advisory Board with staggered terms as follows: John Gamble, At Large Member for a 3-year term, expiring December 31, 2027; Leroy McVay, Ward 1 Member for a 3-year term, expiring December 31, 2027; Ashley Rhom, Ward 3 Member for a 2-year term, expiring December 31, 2026; Brandy Tate, Ward 4 Member for a 1-year term, expiring December 31, 2025; Caroline Poeng, Ward 5 Member for a 1-year term, expiring December 31, 2025; and Jacob Baker, Kings Mountain High School Representative (term varies depending on grade level, but not more than a 3-year term.) 9.C) Appoint Hogan Sellers to fill a vacant seat on the Moss Lake Commission, term expiring June 30, 2025. PUBLIC HEARING Planning Presentation Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Jay Rhodes it was voted unanimously to close the Regular Meeting and enter into a Public Hearing at 6:34 p.m. to consider the following: 11.A) Consider an Amendment to the Unified Development Ordinance Adding Concrete Batch Plants as a Use with Limitations in the Heavy Industrial Zoning District. Henry Earle, Planning Director addressed Council regarding this matter. This public hearing was originally opened on September 12th wherein Council heard the request for a text amendment to add Concrete Batch Plants as a Limited Use with proposed standards from the applicant. During the hearing, s taff disagreed with the applicant's request and asked Council to consider sending it back to staff and the Planning Board to give time to craft standards around this use. Council voted to continue the hearing until tonight's meeting and asked Staff to work with the applicant on a compromise. Mr. Earle reviewed the timeline in which staff worked with the applicant in an effort to bring Council the following recommendations: 156.30.04 – Limited Use Standards Concrete Batch Plants: As permitted in the Land Use Matrix, Concrete Batch Plants are permitted with the following standards: • Any parcel to be a part of the plant must be at least seven (7) acres • All vehicular traffic surface area on the property must be concrete or asphalt • Six (6) foot minimum fence installed around site. No razor wire may be used • Shall only be permitted contiguous to Heavy Industrial zoned property and may not be located contiguous to residential uses • Any structure used in the operation of the plant shall be located a minimum of 200 feet away from any residentially or commercially zoned property, and set back from all property lines: ➢ Fifty (50) feet if utilizing Type D screening ➢ One hundred (100) feet if utilizing Type B screening • Access: Any road/driveway shall be a minimum of 50 feet off of any property line • Full cut off lighting on the property • Shall be connected to an NCDOT maintained road In the presentation on September 12th, staff identified goals and strategies of the Comprehensive Plan that they felt were enhanced by the inclusion of this use into the UDO. This is still the same request, and staff feels that there are goals that are met by this request as follows: 1) Economic Development Goal: Invest in Growth and Development: Strategy 2: Support Entrepreneurs and Small Business Development. 2) Economic Development Goal: Growth and Revitalization Strategies: Strategy 2: Focusing on diversification of companies to create a stable, solid, and longstanding industrial tax base. Development Services staff supports the proposed text amendment as presented and recommends City Council approval this request. There was concern regarding the access to Second Street, which is in a fragile neighborhood. Louie Morico, 308 Pinehurst Drive, Kings Mountain (Applicant) addressed this matter stating that Second Street would only be used for delivery. For ninety-nine percent of the business, Herndon Access Road would be used. There will not be trucks going out of Second Avenue. Mark Wood, 219 Kaitlyn Lane addressed Council against the text amendment stating his concern regarding the matter that this amendment would allow Concrete Batch Plants on all Heavy Industrial parcels. The new requirements would not change this. He expressed his concern with public health impacts to the residents, as well as traffic concerns with trucks traveling in and out of the plant on a two-lane road. He expressed that with the City receiving little tax dollars and employment opportunities there is no real benefit. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Tommy Hawkins, it was voted unanimously to close the Public Hearing and re-enter the Regular Meeting at 6:49 p.m. (Action on Item 11A) Consider the adoption of an Ordinance amending the Unified Development Ordinance (UDO) Section 156.30.04 and 156.30.02, adding Concrete Batch Plants as a Use with Limitations in the HI Zoning District, as presented by Staff. There was a Motion made by Councilmember Mike Butler, seconded by Councilmember Jimmy West to consider the adoption of an Ordinance amending the Unified Development Ordinance Section 156.30.04 and 156.30.02, adding Concrete Batch Plants as a Use with Limitations in the HI zoning district as presented by Staff. Prior to the vote there was discussion regarding the number of number of parcels that are classified at Heavy Industrial and whether the limitations would eliminate some of the industrial sites, as well as possible requirements for traffic analysis when a site plan is submitted. There was also discussion regarding the notice requirements of a text amendment as opposed to a rezoning where contiguous property owners would be notified regarding the hearing. There was discussion regarding the possible desire for a Special Use Permit and staffs reasoning that these standards would be sufficient. After discussion, Council voted 4-2 in favor of the Motion. Councilmember Tommy Hawkins and Jay Rhodes cast the dissenting votes. (Ordinance 24-41) Ordinance 24-41 Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Tommy Hawkins it was voted unanimously to close the Regular Meeting and enter into a Public Hearing at 7:01 p.m. to consider the following: 13.A) Consider an Amendment to the Unified Development Ordinance (UDO) Section 156.40.01, 156.50.05, 156.60.03, 156.100.10, and 156.130.05 to Modify Sign Requirements. Henry Earle, Planning Director addressed Council regarding the sign ordinance that has been a topic of discussion for a number of months. There is a moratorium currently in place that will be lifted with the approval of this amendment. Planning and Zoning Board has worked very diligently for several months. Staff also held two listening sessions for the public. Mr. Earle reviewed points of emphasis for clarity and consolidation on general standards such as location, illumination, and maintenance of signs, as well as clarity on standards for permanent signs, both wall signs, freestanding signs, temporary signs and murals. There is also text cleanup in measurements, sign permits and definitions. This text also provides clarity on nonconforming signs, in light of new legislation recently passed, adding Section 160D-912.1, which limits the powers of municipalities to compel compliance for nonconforming signs. The Planning and Zoning Board unanimously recommends approval of the text amendment to the sign ordinance as written and presented by Staff and stated that the request was reasonable and was compatible with the Comprehensive Plan's goal of "Amenities and the Next Big Thing: Strategy A: First and foremost, the City must protect and enhance the community's appearance." Development Services Staff also supports this recommendation. No one spoke in favor or against the text amendment. Upon Motion by Councilmember Jay Rhodes seconded by Councilmember Shearra Miller it was voted unanimously to close the Public Hearing and re-enter the Regular Meeting at 7:09 p.m. (Action on Item 13A) Consider the adoption of an Ordinance amending the Unified Development O r d i n a n c e ( UDO) S e c t i o n 156.40.01, 156.50.05, 156.60.03, 156.100.10, and 156.130.05 to Modify Sign Requirements, as presented by Staff and recommended by the Planning and Zoning Board. Upon Motion by Councilmember Mike Butler, seconded by Councilmember Shearra Miller it was voted unanimously to approve the text amendment as proposed by Staff, amending the Sign Ordinance in the Unified Development Ordinance. The request is reasonable and is consistent with the Comprehensive Plan. (Ordinance 24-42) Ordinance 24-42 Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Tommy Hawkins it was voted unanimously to close the Regular Meeting and enter into a Public Hearing at 7:13 p.m. to consider the following: 15.A) Consider an Amendment to the Unified Development Ordinance Adding Self-Service Storage as a Limited Use in the AU and LI Zoning District. Henry Earle, Planning Director addressed Council regarding this matter. This request is from an applicant who is asking to amend the UDO to allow self-service storage as a Limited Use in the Auto-Urban and Light Industrial zoning districts. Currently self-service storage is permitted in the Auto-Urban Commercial zoning district as a use by right. This amendment would add the following standards: • The structure housing the mini storage unit(s) shall be completely enclosed. • The colors used on building exteriors shall be a tone found in the natural environment or of a neutral color palette. • The use of metal as a primary material is prohibited on exterior walls facing any street or residential development. Acceptable façade materials would be brick, stone, fiber cement siding, stucco, etc. • Outdoor storage (boats, RV’s) is permitted behind the buildings and must be covered, utilizing similar materials and color to the storage units. • Fencing shall be masonry, wrought iron, vinyl, aluminum, or other alternative to chain link. No barbed wire or razor wire allowed. Staff worked with the applicant to apply standards to the use as a way to improve future development and enhance the aesthetic of the use. The Planning and Board unanimously recommended approval of the text amendment as written by the applicant and presented by staff and find that the request is a reasonable use the Auto-Urban Commercial and Light Industrial zoning districts and is compatible with the Comprehensive Plan. Development Services staff also supports t he applicant's proposed text. Goals and strategies that staff felt were enhanced by the inclusion of this use into the UDO are as follows: 1) Land Use and Growth: Policies for Land Use and Development: • Strategies under this goal: G1: Land Uses should not detract from the enjoyment or value of neighboring properties. 2) Economic Development: Growth and Revitalization Strategies: • Strategies under this goal: A: Focusing economic growth in the commercial and industrial sectors to the identified sectors on the Future Land Use Map. No one spoke in favor or against the text amendment. Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Jay Rhodes it was voted unanimously to close the Public Hearing and re-enter the Regular Meeting at 7:19 p.m. (Action on Item 15A) Adopt an Ordinance amending the Unified Development Ordinance (UDO) Section 156.170.01 and 156.30.02, adding Self-Service Storage as a Limited Use in the AU and LI Zoning District, as presented by Staff and recommended by the Planning and Zoning Board. Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Jay Rhodes it was voted unanimously to approve the text amendment as proposed by staff, amending the Unified Development Ordinance to allow Self-Service Storage as a limited use in the Auto- Urban Commercial and Light Industrial zoning districts. The request is a reasonable use in these zoning districts and is consistent with the Comprehensive Plan. Ordinance 24-43 Regular Meeting 17.A) Approve and authorize the City Manager to execute an amendment to the City’s current Engineering Services Agreement (ESA) with Kimley-Horn in the amount of $23,300 for additional survey and design services for proposed improvements to an existing city-owned parking lot on South Cherokee Street. Kimley Horn is currently under contract with the City to provide engineering services for a comprehensive Streetscape Plan, as well as the construction, engineering and project administration on the Railroad Avenue portion of the project. This request is to amend the contract with Kimley-Horn to add engineering design services for proposed improvements to the existing City-owned public parking lot on South Cherokee Street. The total proposed fee amendment for surveying and engineering design services is $23,000 and is available in the Streetscape Project budget which were left upon the completion of the Mountain Street portion of the project. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Tommy Hawkins to authorize the City Manager to execute an amendment to the City's current Engineering Services Agreement (ESA) with Kimley-Horn in the amount of $23,300 for additional survey and design services for proposed improvements to an existing city-owned parking lot on South Cherokee Street. 17.B) Discussion and possible action to adopt a Resolution reflecting Councilman Rhodes request to amend John H. Moss Reservoir Fee Schedule and approve a FY 24-25 Budget Amendment to account for revenue losses. Councilmember Jay Rhodes addressed Council regarding this matter. He read the revised fee schedule that is offered as a substitute for what was approved in May of this year. The revised fee schedule will be attached to the Resolution, if adopted. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Mike Butler to it was voted unanimously to adopt Resolution 24-34 reflecting Councilman Rhodes request to amend John H. Moss Reservoir Fee Schedule and approve a FY 24-25 Budget Amendment to account for revenue losses. There was also a Motion made by Councilmember Jay Rhodes, seconded by Councilmember Shearra Miller to approve the budget amendment to account for the revenue losses totaling $114,000 in the FY 2024-25 budget that are incurred by this action. The vote was unanimous. Resolution 24-34 17.C) Adopt a Budget Amendment in the amount of $95,000 amending the General Fund Budget for various capital equipment necessary to safely and efficiently operate the City’s Fire Department. The City continues to be committed in re-investing in both equipment and apparatus. Several items were budgeted upon best estimates at the time, which now require additional budget given current market conditions. Other items have since failed and are in need of replacement, while other items have simply been identified as an immediate need that will result in increased operating efficiencies. This budget amendment addressed items deemed necessary for the safe and efficient operation of the fire department. These funds come from the General Fund undesignated fund balance. Upon Motion by Councilmember Tommy Hawkins, seconded by Councilmember Jimmy West it was voted unanimously to adopt a Budget Amendment in the amount of $95,000 amending the General Fund Budget for various capital equipment necessary to safely and efficiently operate the City's Fire Department. 17.D) Approve and authorize the Mayor to execute a Letter of Support for a partnership with Habitat for Humanity Cleveland County leading to future affordable, single- family housing projects to be constructed in Kings Mountain. Staff made a presentation to Council at the October 10, 2024, work session regarding details of a proposed partnership with Habitat for Humanity. This includes the possibility of contributions of city-owned property, grants for water and sewer tap and other infrastructure improvements as needed. it was hoped that the item brought before you tonight was to deed the property over, but at this point there is still the need for survey and possible recombination of hose lots in order to meet setback requirements. Habitat does have an urgency, as they are applying for grant funding for future building projects, so staff would ask that Council authorize the Mayor to sign the Letter of Support stating our willingness to partner with Habitat, and committing us to the plan of action needed to bring the lots into compliance. Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Tommy Hawkins it was voted unanimously to approve and authorize the Mayor to execute a Letter of Support for a partnership with Habitat for Humanity Cleveland County leading to future affordable, single-family housing projects to be constructed in Kings Mountain. 17.E) Adopt an Ordinance declaring a roadway closure for the Kings Mountain Christmas parade, which is being held on Saturday, December 7th at 3:00 p.m. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Mike Butler it was voted unanimously to adopt Ordinance 24-44 declaring a roadway closure for the Kings Mountain Christmas parade, which is being held on Saturday, December 7th at 3:00 p.m. NOTE: This is required to be filed with NCDOT. Ordinance 24-44 Announcement of the top five candidates to be interviewed for the At-Large Council seat at the Special Meeting of Thursday, November 7, 2024 at 5:00 p.m. in the Community Room at Mauney Memorial Library. The City Clerk announced that there were four clear candidates; however, there was a six-way tie for the fifth candidate. The four candidates are Phillips N. Dee, Jewel Reavis, Jan Morgan Ison, and Mark Wampler. The six candidates that were tied include Christopher Lee Pullen, Brenton Wilson, Audrey Gilbert, Michelle Crawford-Miller, Mark Wood and Curtis Pressley. Councilmember Annie Thombs made a Motion to recommend Michelle Crawford-Miller. This Motion died due to lack of a second. Councilmember Jimmy West made a Motion to nominate Christopher Pullen. This Motion was seconded by Councilmember Jay Rhodes and the vote was unanimously for Christopher Pullen to be the fifth candidate to be interviewed. Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Tommy Hawkins it was voted unanimously to close the Regular Meeting and enter into a Closed Session to establish or instruct the staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property under N.C.G.S. 143-318.11(a)(5); discuss matters relating to the location or expansion of business in the area served by this body under N.C.G.S. 143-318.11(a)(4); and to consult with the City Attorney to protect the attorney-client privilege under N.C.G.S. 143-318.11(a)(3). CLOSED SESSION Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Jay Rhodes it was voted unanimously to close the Closed Session and re-enter the Regular Meeting. There was no action taken relating to items discussed during the Closed Session. Motion to Adjourn Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Jay Rhodes it was voted unanimously to adjourn the meeting. ATTEST: BY:_______________________________ Robert C. Wagman, Mayor _______________________________________ Karen A. Tucker, City Clerk