City Council Meeting Agendas and Minutes

Agenda for the City Council Regular Meeting Tuesday, July 8, 2025 6:00 PM Council Chambers at City Hall 101 West Gold Street Kings Mountain, NC 28086 1. Call to Order and Determination of a Quorum - Robert C. Wagman, Mayor 2. Invocation - Sr. Pastor John Houze, People's Baptist Church, Kings Mountain, NC. (Please stand for Invocation and remain standing for Pledge of Allegiance) 3. Pledge of Allegiance - Robert C. Wagman, Mayor 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. Special Presentations and Recognitions A. Proclamation recognizing Sophia Kellstrom, 2025 Miss North Carolina - Mayor Robert Wagman. 6. Citizen Recognition Persons wishing to appear before Council during this portion of the meeting are required to sign up prior to the start of the meeting. In an effort to maintain order and decorum, we would encourage speakers to be courteous and respectful while citizen input is heard. Please refrain from profanity, inappropriate gestures, insults, personal attacks, or accusations. Citizens should not expect Councilmembers to respond to their comments during the course of the meeting. If follow up is needed, the Mayor, or presiding officer may ask the speaker to provide contact information to the City Clerk so that Staff may assist. In an effort to allow for a fair allotment of time, each Speaker will be limited to three (3) minutes. Based upon the number of people signed up to speak, Council may elect to adjust the time limitations for all speakers or assign a time limit for the entire Citizen Recognition period. 7. Motion to Close the Regular Meeting and enter into a Closed Session to discuss matters relating to the location or expansion of business in the area served body under the N.C.G.S. 143-318.11(a) (4). 8. Closed Session 9. Motion to Close the Closed Session and re-enter the Regular Meeting. 10. Mayor, Councilmember and City Manager Remarks 11. Motion to Adopt the Following Consent Agenda: A. Adopt the Minutes of the Budget Work Session of May 5, 2025, and the Regular Meetings of May 13, 2025, and May 27, 2025. 1  B. Authorize the Mayor to enter into a Professional Services Agreement between the City of Kings Mountain and Summit Utility Advisors, Inc. to provide specialized consulting services in support of the Citys electric and gas utilities. C. Adopt an Ordinance amending the City of Kings Mountain Code of Ordinance Chapter 154: Community Appearance, Section 154.08: Enforcement and abatement procedure to correct a typographical error. 12. Public Hearing Persons wishing to appear before Council during this portion of the meeting are required to sign up for the specific Public Hearing that they would like to give input prior to the start of the meeting. Speakers will be called in the order in which they are signed up and may only provide comments that are directly related to the subject matter for the specific Public Hearing. To avoid unnecessary repetition, individuals supporting the same position should designate a spokesperson to represent the group. In an effort to allow for a fair allotment of time, each speaker will be limited to three (3) minutes. If a Public Hearing is well-attended, Council may elect to adjust the time limitations for all speakers signed up to speak at the hearing. A. Consider an Amendment to the City of Kings Mountain Zoning Map Changing Parcels 9842 and 46733 from Light Industrial to Suburban Residential - Brad Lagano, Senior Planner. B. (Action on Item 12A) Motion to (approve/deny) an Ordinance amending the zoning map of the City of Kings Mountain, to rezone Parcels 9842 and 46733 from Light Industrial to Suburban Residential. This request is (reasonable/not reasonable) and is (consistent/not consistent) with the Future Land Use Map. 13. Regular Meeting A. Motion to adopt an Ordinance to demolish and remove the partially burned and severely dilapidated dwelling located at 186 E. Gold Street - Darren Graves, Code Enforcement Officer. B. Motion to adopt an Ordinance amending the City of Kings Mountain Code of Ordinance Chapter 74: Golf Carts, Section 74.03: Regulation, Permits and fees and Section 74.04: Operation and Traffic Laws - Chief Gerald Childress. 14. Motion to Close the Regular Meeting and enter into a Closed Session to consider and give instructions concerning a potential claim under N.C.G.S. 143-318.11(a) (3). 15. Closed Session 16. Motion to close the Closed Session and re-enter the Regular Meeting. 17. Possible action regarding items discussed in the Closed Session. 18. 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. 2 STAFF REPORT For the City Council Regular Meeting Meeting of: July 8, 2025 DATE: July 8, 2025 TO: City Council Regular Meeting FROM: Karen A. Tucker, City Clerk PREPARED BY: Aisha Pierre-Louis TITLE Adopt the Minutes of the Budget Work Session of May 5, 2025, and the Regular Meetings of May 13, 2025, and May 27, 2025. PURPOSE: The purpose of this items is to adopt the Minutes of the May Council meetings. Once adopted, the minutes will be made available on the website for public view. FINANCIAL IMPACTS: There are no financial impacts relating to the adoption of these minutes. RECOMMENDATION: It is the recommendation of Staff that Council adopt the aforementioned Minutes so they can be made available for public view. CONSENT/STAND-ALONE Consent ATTACHMENTS: Budget Work Session 05052025.pdf Regular Meeting 05132025.pdf 3 Regular Meeting 05272025.pdf 4  BUDGET WORK SESSION OF MAY 5, 2025 The City of Kings Mountain, North Carolina met in a Budget Work Session at 5:30 p.m. on Tuesday, May 5, 2024 in the Council Chambers of City Hall with Mayor Pro Tem Annie Thombs presiding. Call to Order and Determination of a Quorum - Mayor Robert C. Wagman The following Councilmembers were present: Annie Thombs, Mike Butler, Tommy Hawkins, Jimmy West, Jay Rhodes, Phil Dee and Shearra Miller. Mayor Wagman joined the meeting via Zoom. Also, present: Todd Carpenter, City Manager, Chris Costner, Assistant City Manager, Matt Blackwell, Assistant City Manager, and Karen Tucker, City Clerk. Department Staff Present: Chief Greg Main, Chief Gerald Childress, Capitan Buddy Black, Wayne Ledbetter, Director of Public Utilities, Rick Duncan, Water Resources Manager, Zacc Maricle, Public Works Director, Christina Martin, Cultural Resources Director, Henry Earle, Planning Director, Matt Dull, IT Director, Clint Houser, Codes Director, Rachel Whitaker, HR Director, Tabitha Thomas, Senior Services Manager, Susan Mosk, Marketing, Tourism and Events Manager, and Gabriel Thomas, Communications Specialist. Invocation The Invocation was given by Councilmember Jimmy West. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tem Annie Thombs. BUDGET WORK SESSION City Manager Todd Carpenter welcomed Council to the Work Session. He and Chris Costner, Asst. City Manager, will be doing the presentation and hitting all the highlights. All Departments Heads are present and available for questions. In his opening remarks, the City Manager stated that Staff’s approach this year is center on the following key priorities: • To invest in our most important asset – our workforce. • To provide for excellent service delivery to our community. • To promote economic development. • To address deferred maintenance. • To provide adequate capital funding and build funding toward a Capital Improvement Plan. • To create a strong, self-reliant General Fund. • To ensure that our Enterprise Funds are self-funded. • To create debt capacity. • To increase funding for the maintenance of our facilities, equipment, and infrastructure. • To build capital reserves for needed projects and debt capacity. • To maintain our existing tax rate and strategically implement fee increases to support the delivery of services, maintenance or our facilities and infrastructure, and desired capital initiatives. 5  • To improve our downtown, neighborhoods, and commercial areas as funds are available. • Consideration for and investment in economic development opportunities that will benefit our economy and City. BUDGET OBJECTIVES General Fund • No significant changes regarding types and levels of service the City offers • Fair and reasonable fees for services provided • No change to current tax rate of 48 cents • Not utilizing fund balance to cover recurring operational expenditures • To reduce the operating transfer from the Electric Fund to the General Fund by 33% to get in compliance with LGC best practices • To aggressively plan for and address capital needs in a fiscally responsible manner. To stress reinvestment in our systems and facilities • To increase our borrowing capacity with regards to revenue (property tax) backed debt. This will allow us to finance future capital projects using our taxing authority/revenue stream as collateral. Utility Fund GOAL: To adequately meet our financial needs. Meeting needs entails providing sufficient resources to operate, maintain and reinvest in our systems (Electric, Water/Wastewater, Stormwater, and Natural Gas). All Funds • 2.5% annual wage/across the board increase for all employees • Evaluate 1/3 of our positions and implement recommended market adjustments - every position gets evaluated as least once every three years  2023-24 - Public Safety (Police, Fire) Directors  2024-25 - Public Works, Water Resources  2025-26 - Energy Services, Administrative Functions • To avoid Health Insurance premium increases for employees while maintaining multiple plan options BUDGET HIGHLIGHTS General Fund • No current year property tax rate change proposed-maintain current 48 cent rate per $100 valuation • 2.5% ATB Salary increase – ALL FUNDS • Provided resources to conduct wage and rate market study for 1/3 of our workforce (Energy Services, Administrative Services) • Minimal positions (1 net) added to the General Fund, several existing positions repurposed (will be discussed at departmental level) • Proposed 25-26 Electric transfer is reduced by roughly 1/3 over 24-25 levels to get us in compliance with LGC best practices • Adjusted cost redistributions to ensure all enterprise funds are paying their fair share • Proposing capital spending of $1.96 Million in the 25-26 General Fund budget – all paid for via current year revenues or restricted fund balances (Lake, Police) • High priority on deferred maintenance items that need to be addressed 6  • Proposed capital is dependent on the resources generated from fee levels proposed Enterprise Funds – Electric and Natural Gas • No proposed fund balance appropriation to balance operation portion of these budgets • Capital budgets for equipment and system infrastructure maintenance are comparable with last year’s amounts- continued effort to reinvest in our systems • No proposed changes to Electric rates, Natural Gas rate structure • Proposed 25-26 Electric transfer is reduced by roughly 1/3 over 24-25 levels to get us in compliance with LGC best practices Enterprise Funds – Water and Sewer • 12.5% proposed across the board rate increase – 3rd year of a planned three-year rate adjustment. Monthly minimums for residential water will increase $2.06 monthly, doe sewer $2.44 monthly • Note prior to fiscal year 23-24, the last fee increase was FY 16-17 – still playing catch up • Still competitive and/or lower than surrounding communities • Will most likely require additional increases in the future – unfortunately, historically, we have not generated enough revenues to adequately maintain and reinvest in the system Enterprise Funds – Stormwater • No fee changes proposed • No increase in number of employees • Still working to further capacity and remain in full compliance with NCDEQ permit requirements Mr. Costner reviewed the General Fund Analysis and the different types of revenue for the fund. General Fund Analysis 2024-25 Original Budget $24,061,342 Changes: 2.5% Across the Board increases for 25-26 (SOP) $ 350,000 Medical Insurance Increase $ 320,000 Retirement (LGERS) increase $ 140,000 24-25 Wage and Rate Impact $ 190,000 Increase (Decrease) in capital expenditures – General Fund $ 36,080 Increase (Decrease) in transfers to other funds $ (532,500) Operations (all other than listed above) $ 296,088 1.2% 2025-26 Proposed Budget $ 24,861,010 Overall there was a 3.3% increase in the total General Fund Budget. There was a 6.1% change in General Fund Budget – recurring (operating) and a 13.6% change in General Fund Recurring Revenues. For a local government, property taxes are considered a general revenue to be used for services that are not paid for by specific user fees – public safety, public works, streets, administration, etc. Transparency means using the proper revenue streams. Local taxes are deductible for income tax purposes in certain situations. Property taxes are less “regressive” than some other “flat” fees. 7 Cleveland and Gaston Counties are on a four-year revaluation cycle with 2025 being the most recent valuation cycle for Cleveland County. This will impact this budget year. In reality, most residential property tax bills remained unchanged from a valuation standpoint for a period of four years. There was a 28.6% change, based upon the 2025 Cleveland County reevaluation. The proposed tax rate is .48/$100 valuation, which is no change from 2024-25. Inflation since the last Cleveland County revaluation, (1/2021) is roughly 21%. Note that our new tax rate increase over that time was 11.6%, so we are not keeping up with inflation with regards to our tax receipts. Our property tax rate remains 11% below our peer group average of .54. One cent of property tax is roughly $260,000, $241,000 net. There was discussion regarding General Fund Total Expenditures, as well as a review of each department budget in the General Fund. Notes that are applicable to all General Fund Departments include: • For salaries, there will be a 2.5% across the board (ATB) increase budgeted • The LEGERS expense increased 6.5% • Medical per employee was increased 14% given claims projections for next year and premium increases due to poor claims history • 1 new net position was budgeted in the General Fund, though some shifting of positions occurred, which is discussed in the various individual departments There was brief discussion regarding the possibility of reducing or eliminating the Municipal Service District tax (MSD). Capital Overlay – General Fund and Governmental Capital Projects Mr. Costner reviewed the 2025-26 Capital Outlay for the General Fund. He also updated Council on currently budgeted governmental capital projects including streetscape, parks & rec projects, City Hall engineering and design and Moss Lake projects. Revenue to fund these projects was in, or was transferred to the Government Capital Reserve Fund at the beginning of FY 2025. This is a multi-year fund, therefore budgeted amounts will carry forward. There was discussion regarding a “reset” and reallocation of funds in an effort to focus on the completion of one area, as well as looking at general government future needs. Special Funds Chris Costner addressed Council regarding the Powell Bill Fund, E911 Special Revenue Fund and the Economic Incentives Special Revenue Funds. The 2025-26 Powell Bill paving budget is $567,000. Ninety-eight percent of this total budget is allocated to street resurfacing and sidewalks. The E911 Special Revenue Fund is self-sufficient and can only be used for certain approved operating and capital needs related expenses. The funds cannot be used to pay personnel. The Economic Incentives Special Revenue Fund was created to account for economic/industrial incentive agreements with the primary revenue being the portion of property taxes subject to "incentive” refunds or payments. Enterprise Funds The Enterprise Funds should operate like a business and should be one hundred percent funded via fees generated 8 by the goods and services being offered to the public. They include the Water Sewer Fund, Stormwater Fund, Electric Fund, and Natural Gas Fund. The Water Sewer Fund is funded primarily by water and sewer sales. The total budget for this fund is approximately $10 Million. There is a proposed 12.5% across the board rate increase for water and sewer services, which will apply to both facility charges and volumetric charges. Prior to the last years increases, the last rate increase was FY 2016-17, which was required by the LGC for debt approval. The City is still playing catch up with increased costs and inflation. Even after the increase, the City’s rates will still be competitive. The Water Sewer Department consists of Water Resources, Water Plant, System Maintenance, Wastewater Treatment Plant, and Pump Maintenance. All of the divisions are funded by the aforementioned revenues. Mr. Costner reviewed the budget for each division of the Water Sewer budget. Mr. Costner addressed the Stormwater Fund. There is no fund balance appropriated to balance this budget. There are also no proposed rate increases. In 2023-24, residential rates went from $2.50 to $4.00 monthly; commercial $2.50 to $4.00 x square footage, monthly. There had been no fee adjustments since 2012. As to the Electric Fund, sales volume is basically flat. A full cost of service study was implemented effective July 1, 2024. No change is rates have occurred since that time. No change in Electric rates are being proposed in the 2025-26 budget. No fund balance is utilized the balance this budget. There was a brief review of both capital and operating. Transfers, included in the operating budget, were reduced thirty-three (33%) over 2024- 25 levels, to $800,000. This should put the City in compliance with LGC best practices. These resources need to be kept in the Electric Fund in order to maintain the system. As to the Natural Gas Fund, there is no rate increase proposed. A Cost-of-Service Study will likely be completed during the 2025-26 fiscal year and will require Council adoption. Volume is projected to increase roughly 2.5% in 2025-26. No fund balance was appropriated for operations. There was a brief review of both capital and operating. In closing there was a brief overview of personnel changes. There was also an overview of the Employee Healthcare Benefits. Detailed information will be presented during open enrollment. The total comprehensive budget for the City is increasing this year by approximately $1.4 Million. The total budget for Fiscal Year 2024-25, as presented i s $62,361,516. Adjournment Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Jimmy West it was voted unanimously to adjourn. BY:____________________________________ Robert C. Wagman, Mayor ATTEST: ______________________________________ Karen A. Tucker, City Clerk 9  REGULAR MEETING OF MAY 13, 2025 The City of Kings Mountain, North Carolina met in a Regular Meeting at 6:00 p.m. on Tuesday, May 13, 2025 in the Council Chambers of City Hall, with Mayor Robert C. Wagmen presiding. Call to Order and Determination of a Quorum The following Councilmembers were present: Annie Thombs, Mike Butler, Tommy Hawkins, Jimmy West, Shearra Miller, Jay Rhodes, and Phil Dee. Also Present: Todd Carpenter, City Manager, Mickey Corry, City Attorney, Karen Tucker, City Clerk, and Aisha Pierre-Louis, Deputy City Clerk. Invocation The Invocation was given by Pastor Perry Hines, Central Methodist Church, Kings Mountain, NC. Pledge of Allegiance The Pledge of Allegiance was lead by Mayor Robert C. Wagman Motion to adopt the proposed Agenda Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Tommy Hawkins it was voted unanimously to adopt the proposed Agenda. Special Presentations and Recognitions Mayor Wagman read a Proclamation recognizing May 11 - 17, 2025 as National Police Week. Mayor Wagman read a Proclamation recognizing May 18 - 25, 2025 as Public Works Appreciation Week. He also recognized Building Maintenance staff members, Brian Horne and Phil Barrett for their work on the recent Council Chambers renovation. Mayor Wagman presented the Key to the City of Kings Mountain to Harley Price, Kings Mountain Men's Wrestling Coach. Mayor Wagman read a Proclamation recognizing Will Varner, NCHAA Wrestling State Champion. Citizen Recognition 10 Dale Greene, 325 Landry Drive addressed Council requesting Council's intentions for the upcoming local elections, as well as his concern for the direction of the City. James Thompson, 1305 Wales Road addressed Council requesting that bid opportunities be made available to local businesses. Larry Dooley, President of the Moss Lake Property Owners Association, 14 Heritage Lane, Shelby addressed Council thanking them for the progress that has been made over the course of the past year. Mayor, Councilmember and City Manager Remarks Councilmember Jimmy West suggested to Council that the dredging at Lake Moss should be postponed due to the recent heavy rain. He also responded to the earlier suggestion made by James Thompson in the Citizens Recognition portion of the meeting. This matter was discussed with the past City Manager and he was under the impression that the City would begin to seek in town businesses as contractors for city projects. City Manager, Todd Carpenter shared the results from the 8th Annual Cleveland Cup. There were sixty participants representing the City of Kings Mountain. He congratulated all the winners which included Councilmember Jay Rhodes, Rachel Whitaker, Karen Hoggard, Corbin Berryman, Sarah Lundy, Dillon Moore, and Jana Williams. Program and Project Updates 8.A) Presentation and update from Kings Mountain Forward - Loretta Cozart, Executive Director. Loretta Cozart, Executive Director of Kings Mountain Forward, along with David Stone led a presentation highlighting the organization’s mission to drive economic growth, social vibrancy, and cultural development in Kings Mountain, North Carolina. KM Forward leverages strategic initiatives to serve as blueprints for core strategies centered on beautification and business activation. The organization actively promotes Kings Mountain as a premier place to live, work, and invest. Mrs. Cozart presented the 2025 report highlighting the first quarter achievements, including the Board's approval of 19 projects for the next five years, with some already underway and others planned over 3 to 5 years. She noted collaborations with many Kings Mountain nonprofit organizations and mentioned initiatives such as “Kings Mountain Clean” to promote storefront cleanliness and business retention, along with community events like First Friday FUN, Connecting After-Hours, and Workbench sessions. Additionally, efforts to update and promote local businesses via DiscoverKingsMountain.com were also emphasized. Motion to Adopt the Following Consent Agenda: Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Annie Thombs it was voted unanimously to adopt the following Consent Agenda: 9.A) Adopt the Minutes of the Regular Meetings of March 11, 2025, and March 25, 2025, and the Special Meeting of April 3, 2025. 9.B) Adopt Resolution 25-19 opposing changes to local Planning and Zoning Statutes by the North Carolina General Assembly including SB495, SB497, SB499, SB688, and HB765. 11 Resolution 25-19 9.C) Authorize the Mayor to enter into a Hold Harmless agreement with ESP Associates, allowing for the parking of a boat at the Water Treatment Plant. This is for the bathymetric study at Moss Lake. Public Hearing 10.A) The Mayor opened the Public Hearing as to Case Z-25-04 to consider an Amendment the City of Kings Mountain Zoning Map Changing Parcels 9842 and 46733 from Light to Industrial to Suburban Residential. Henry Earle, Planning Director addressed Council requesting a continuance on behalf of the applicant until the June 10, 2025 Regular Meeting. This continuation will allow for the applicant to address some due diligence issues. The Mayor opened the floor for public input and there was none. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Jimmy West it was voted unanimously to continue the Public Hearing to the Regular Meeting of June 10, 2025. The City Clerk asked for clarification to the Motion stating the motion is, in fact to continue the hearing until the Regular Meeting of June 10, 2025 at 6:00 p.m. This was affirmative. 10.C) The Mayor opened the Public Hearing to consider approval of amendments to the existing Development Agreements with Liquid Management, LLC for the connection to, dedication of capacity for, and agreement to pay fees associated with providing water and wastewater services to a project located outside the City or ETJ boundaries. Matt Blackwell, Asst. City Manager addressed Council regarding this matter. On March 28, 2023 and February 27, 2024, City Council conducted Public Hearings to approve and authorize the City Manager to enter into Wastewater and Water Development Agreements for the connection to, dedication of capacity for, and agreement to pay fees associated with the utilities for a development project proposed by Liquid Management, LLC. This project is located outside of the City and ETJ area. At the time the agreements were approved, the proposed project, a recreational vehicle (RV) resort planned at 241 Battleground Road, was contemplated to include permanent RV sites, cottages and tent sites, and required a dedicated water and wastewater capacity of 20,000 gallons per day. Due to encountering subsurface conditions limiting development, the total development of the RV resort site would be modified and include a fewer number of RV sites. The resort will now include 69 permanent sites, 4 public restrooms, 13 tent sites and a recreation center. Additionally, the developer has requested to include two adjacent parcels as part of the amendment to the water and wastewater development agreements. The parcels to be added are located at 205 Battleground Road and 213 Battleground Road. The developer contemplates the construction of a convenience store and self-storage facility upon these parcels. The total dedicated water and wastewater capacity for all development proposed has been reduced to a total amount of 16,600 gallons per day. As such, the proposed system development fees for water and wastewater to serve all proposed development, as calculated per the terms of the existing agreement are estimated to total $288,093. Also, as a part of the proposed amendments to the Water and Wastewater Development Agreements, the City of Kings Mountain acknowledges and approves of the assignment of the agreements from Liquid Management, LLC to Kings Mountain RV, LLC. Except for the terms and conditions, as set out within the amendments, the remaining terms and conditions of the Water and Wastewater 12 Development Agreements, as recorded do remain in full force and effect. Staff recommends that Council approve the proposed amendments to the existing water and Wastewater Development Agreements for the connection to, dedication of capacity for, and agreement to pay fees associated with providing water and wastewater services to this project. There was discussion regarding the RV Resort, as to these sites being permanent. Tom Crouch, Project Manager with the Moser Group addressed Council regarding this concern stating the site can be rented for a period of one month. The RVs are permitted to be moved to a different site after a 1-month period. He also addressed the functionality of the self-storage site and convenience store. In closing he requested that Council consider allowing the developer to pay the system development fees over time instead of one lump sum. Mr. Blackwell stated that the request regarding payment of system development fees was not included in the original agreement. Statutorily, there are two opportunities to collect the fees. This includes at the time the capacity is committed or at the time a building permit is issued. Mickey Corry, City Attorney added the present agreement that is being amended says that the charges and fees are due upon application to the County for a building permit. That's already been triggered based upon the original agreement. Todd Carpenter, City Manager stated that the House Bills being proposed by the North Carolina General Assembly that would change local Planning and Zoning contains language that would allow for this. He reminded Council that a Resolution was adopted by a previous action in opposition to these bills. The Mayor opened the floor for public input. Tom Crouch was signed up but elected not to speak. No one else signed up to speak. The Mayor closed the Public Hearing. Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Shearra Miller, it was voted unanimously to approve the amendments to the existing Development Agreements with Liquid Management, LLC for the connection to, dedication of capacity for, and agreement to pay fees associated with providing water and wastewater service to a project located outside the ETJ boundaries. 10.E) The Mayor opened the Public Hearing to consider approval of a Resolution approving a City of Kings Mountain Economic Development Incentive Grant in Support of Project NEXUS Pursuant to NC General Statute 158-7.1 and to authorize the City of Kings Mountain to enter into an Economic Development Agreement (EDA) with Project NEXUS. Assistant City Manager Matt Blackwell addressed this matter stating that Project NEXUS represents a manufacturing recruitment project that is considering the location referred to as the Kings Mountain Corporate Center, located at 799 Sara Lee Access Road. For purposes of state a local incentive consideration, Project NEXUS anticipates creating 701 full time jobs with an annual salary exceeding $52,000 per year. The project anticipates creating a new taxable investment of at least $268 Million to include $212 Million in machinery and equipment and $56 Million in real property. Mr. Blackwell addressed an existing incentive agreement pertaining to the real property between the City and TKC-MLC Kings Mountain Site, LLC, which was adopted by Council on November 10, 2021. The existing agreement includes a three-year incentive for the developer and an "Additional Grant Term" of ten-years for tenant upfit and/or occupant of the project. Terms of the existing agreement provide for the assignment of the additional grant term. No action is required by Council on the real property incentive for the proposed investment of $56 13 Million in real property improvements. Staff is recommending City Council consider the adoption of a Resolution to approve a proposed a ten-year incentive grant on the $212 Million new taxable investment in personal property proposed for the project. If approved, the local incentive grant offered by the City of Kings Mountain in support of the proposed new investment in personal property by Project NEXUS will be incorporated into a detailed economic development agreement prepared by Gaston County Economic Development between Project NEXUS, the City of Kings Mountain and Gaston County. Realization of the grant will be based upon the actual value of the equipment placed into service as determined by the Gaston County Tax Accessor for this project. When applying the proposed ten-year incentive grant on the proposed new taxable investment in personal property, it is anticipated the City will realize approximately $1,018,108 in new tax revenue over the term of the proposed incentive. The Gaston County Board of Commissioners approved a similar 10-year incentive proposal in support of Project NEXUS at their recent meeting on April 22, 2025. The Mayor opened the floor for public comment and there was none. The Mayor closed the Public Hearing. Upon Moton by Councilmember Phil Dee, seconded by Councilmember Mike Butler, it was voted unanimously to approve a Resolution approving the proposed Economic Deveopment Incentive Grant in support of Project NEXUS, and authorize the City of Kings Mountain to enter into an Economic Development Agreement with Project NEXUS. Regular Meeting 11.A) Repeal Resolution 22-37 and amend Resolution 02-06 "Creating the Kings Mountain Tourism Development Authority" City Manager Todd Carpenter opened the discussion regarding this item. This Resolution proposes formally repealing Resolution 22-37, which recently amended the organizational structure of the Kings Mountain Tourism Development Authority (KMTDA), and amending Resolution 02-06 to establish a five-member board comprised of three city representatives and two lodging industry representatives actively involved in promoting tourism and collecting occupancy taxes. The new structure ensures compliance with state and local statutes, in that one-third of the board would represent the lodging industry and at least three-quarter of the membership would be active in promoting tourism. With the formal repeal of Resolution 22-37, and the amendment to Resolution 02-06, each and every currently seated and appointed member and alternate member to the board would be removed from their position effective May 13, 2025 and in turn, commencing May 14, 2025, the new structure would take effect. Part of the recommended action is to fully appoint the new board via this action, so that we would have a new functional five-member board effective May 14, 2025. Additionally, the proposal includes appointing the Marketing, Tourism, and Events Manager as the KMTDA's Executive Director, eliminating the need for a separate paid position and reducing associated costs. Furthermore, the overall KMTDA budget would become more strategically focused on promoting and bringing tourism to the City of Kings Mountain. The recommendation emphasizes replacing the current, board with a smaller, more active, and better-aligned group, including reappointments of existing hotel representatives and designating Mr. Mike Butler as Chairman. It is the recommendation of the City Manager and Staff to repeal Resolution 22-37 and amend Resolution 02-06. Additionally, City Council should appoint a representative of City Council and designate a Chairman. 14 Action was taken on items 11A, 11B and 11C simultaneously. Mayor Wagman presented the three items in the form of a single Motion as follows: 11A) Motion to repeal Resolution 22-37 and amend Resolution 02-06 "Creating the King Mountain Tourism Development Authority;" 11B) Motion to appoint Councilmember Mike Butler; Phillip Koshak, General Manager of Holiday Inn Express and Suites; and Tushar Patel, General Manager of Comfort Inn and Suites to create the five-member board; 11C) Motion to appoint Councilmember Mike Butler as Chairperson of the Kings Mountain Tourism Development Authority. Councilmember Annie Thombs made a Motion to approve items 11 A, B and C, as read by the Mayor. This motion was seconded by Councilmember Jay Rhodes. The vote was 6-1 to approve these items. Councilmember Phil Dee cast the dissenting vote. Resolution 25-21 11.B) Motion to appoint Councilmember Mike Butler; Phillip Koshak General Manager of Holiday Inn Express and Suites and Tushar Patel General Manager of Comfort Inn and Suites to create the initial 5-member board. 11.C) Motion to appoint Councilmember Mike Butler as Chairperson of the Kings Mountain Tourism Development Authority.? 11.D) Adopt an Ordinance to demolish and remove the dilapidated dwelling located at 105 Falls Street Codes Director, Clint Houser explained that on January 27, 2025, the City Code Enforcement conducted an administrative hearing with the property owner, after which the owner received an Order to Repair mandating that the dwelling be brought into compliance with the City's Housing Code by April 27, 2025. As of now, no repairs have been made to the property. The property hasn’t had utilities or occupants since 2017. It is Staff recommendation to adopt the Ordinance to demolish the structure. Upon Motion by Councilmember Shearra Miller, second by Councilmember Phil Dee, it was voted unanimously to adopt Ordinance 25-15 to demolish and remove dilapidated dwelling located at 105 Falls Street. Ordinance 25-15 11.E) Approve a Budget Amendment in the amount of $10,000 to cover additional costs for roof replacement at Moss Lake for the administration office Public Works Director, Zacc Maricle addressed Council with a request for a Budget Amendment for an additional $10,000 to the existing $25,000 budget for a total of $35,000 to fully fund the replacement of the damaged roof on the Moss Lake administrative building, which has suffered from wood rot, leaks, and structural deterioration. There is a contingency in the case more damage is found and needs repair. The recommendation from the Public Works Director is for the Council to approve this budget amendment and allocate funds from the appropriate fund balance, ensuring the building’s structural integrity and safety. The funds would come from the lake fees and not the City’s General fund. Upon Motion by Councilmember Jay Rhodes, second by Councilmember Annie Thombs, it was voted unanimously to adopt a Budget Amendment in the amount of $10,000 to cover additional cost for roof replacement at Moss Lake for the administration office. 15 11.F) Approve a Contingent Offer to Purchase Real Property from NCDOT and authorize the Mayor and/or City Manager to execute all necessary documents subject to the offer Rick Duncan, Water Resources Manager, addressed Council regarding this matter. The NC Department of Transportation is planning to relocate a bridge on Hwy. 150, crossing over Buffalo Creek. The City owns the adjacent land all the way up to the dam. They are requesting .584 acres for a right of way and .018 acres for a temporary construction easement. The offer is$17,450. The land that has been requested is unusable to the City and it not part of a long-term mitigation plan for sediment removal. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Jimmy West it was voted unanimously to sell this property to the NCDOT for the amount of $17,450. Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Mike Butler it was voted unanimously to close the Regular Meeting and enter a Closed Session to consult with our attorney under N.C.G.S. 143-318.11(a)(3) and (4) to consider and give instructions concerning a potential or actual claim and to discuss matters relating to the location or expansion of business in the area served by this body. Closed Session Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Jay Rhodes it was voted unanimously voted to close the Closed Session and re-enter the Regular Meeting. Possible action regarding items discussed in the Closed Session. There was no action taken as a result of the Closed Session. Motion to Adjourn Upon Motion by Councilmember Shearra Miller, seconded by Councilmember Annie Thombs it was voted unanimously to adjourn the meeting. BY:_______________________________ ATTEST: Robert C. Wagman, Mayor _________________________________ Karen Tucker, City Clerk 16 17 Mayor Wagman read a Proclamation and presented the Key to the City of Kings Mountain to Kee'Aira Gaines, Kings Mountain Middle School Girls' Basketball Coach. This presentation included a separate Proclamation honoring the entire basketball team and their coaches. Citizen Recognition No one signed up to speak. Mayor, Councilmember and City Manager Remarks Councilmember Jay Rhodes addressed the Memorial Day observance that was held on Monday, May 26th. This was a very meaningful event. Mayor Wagman concurred with Councilmember Rhodes. Program and Project Updates 8.A) Kings Mountain Fire Department participating in Smoke Alarm Saturday & Smoke Alarm Canvassing Program during the week of June 1st - 7th Chief Greg Main addressed Council regarding this project. Firefighter Sarah Lundy will be coordinating this event on June 7th. The fire department received a grant for thirty-six (36) detectors. Teams from the department will be canvasing areas in the City on Saturday, June 7th to distribute these smoke detectors where needed. Motion to Adopt the Following Consent Agenda: N/A Public Hearing 10.A) The Mayor opened the Public Hearing as to Case Z-25-6: Consider an Amendment to the Unified Development Ordinance to Revise Quorum Requirements for the Planning and Zoning Board. Henry Earle, Planning Director addressed Council regarding this request. This is a cleanup of a language discrepancy designed to align the Uniformed Development Ordinance with Planning and Zoning Board Rules and Procedures. A quorum must be met at any meeting for a local board to take action. At the current time, the Rules and Procedures of the Planning and Zoning Board's determination of quorum stands in contrast to the UDO provisions of the same. The proposed standard would change Section 156.90.02.B(F) of the UDO to reflect the following: "a quorum shall be established as written in the Rules and Procedures of the Planning and Zoning Board." The rules and procedures currently state that a majority of seated members of the board shall constitute a quorum. The Planning and Zoning Board voted unanimously to recommend approval of the text amendment and stated that the change was reasonable. Development Services staff supports this text amendment, as proposed. The Mayor opened the floor for public input regarding this request and there was none. The Mayor closed the Public Hearing. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Phil Dee it was voted unanimously to adopted Ordinance 25-16 amending the Kings Mountain unified Development Ordinance to revise quorum requirements for the Planning and Zoning Board. This request is reasonable and is consistent with the Comprehensive Plan. Ordinance 25-16 18 10.C) The Mayor opened the Public Hearing as to Case Z-24-22: Consider an Amendment to the Unified Development Ordinance, Adding Duplexes as a Use by Right in Semi- Urban Residential - Henry Earle, Planning Director. Henry Earle, Planning Director addressed Council regarding this matter. This is a request to amend the Unified Development Ordinance to update where duplexes are permitted. There are several proposals for residential development bringing single family dwellings and townhomes; however, duplexes are one the most requested items from developers. The current standards allow duplexes in Suburban Residential (SR) Planned, Semi-Urban Residential (SU) Planned, and Mixed Use. All three of these are master planned major subdivision development types. There is no avenue for these to be constructed on single lots within the City's jurisdiction. Staff proposes to allow duplexes in Semi-Urban Residential Standard as a use by right. Staff recognizes that there is a need for varying types of housing. This is also an often-requested use type, so there should be an avenue for this type of residential structure. Putting them in Semi- Urban puts these rental properties closer to the center of town, which is where you want to focus rental properties. As to the Comprehensive Plan, this amendment meets goals A & B under Housing Goals for Kings Mountain, creating a diverse blend of market rate housing, as well as goal A under Economic Devlopment - Other Economic Development Areas, to diversify housing options to support workforce. Both of these goals address the need for diversified housing. the Planning and Zoning Board voted unanimously to recommend approval of this text amendment. The Board stated that the change was reasonable and was in line with the Comprehensive Plan. Development Services staff supports this amendment as proposed. Creating the opportunity to expand the use of duplexes in the City will create situations where this commonly requested housing type can be built throughout the City while keeping the use focused in a residential district designed for more intense residential uses. This was advertised as a Public Hearing; however, Staff is requesting that Council continue this hearing until the June 24th Regular Meeting. The Mayor opened the floor for public input regarding this request and there was none. Upon Motion by Councilmember Phil Dee, seconded by Councilmember Annie Thombs it was voted unanimously to continue this Public Hearing until the Regular Meeting of Tuesday, June 24, 2025, at 6:00 p.m. 11) Regular Meeting 11.A) Authorize the Mayor to enter into a Gas Supply Agreement; Base Contract for Sale and Purchase of Natural Gas; and Transaction Confirmation for Immediate Delivery between the City of Kings Mountain and SRNG-Liberty, LLC in connection with the future RNG facility located at 1038 York Road Upon Motion by Councilmember Mike Butler, seconded by Councilmember Tommy Hawkins, it was voted unanimously voted to authorize the Mayor to enter into a Gas Supply Agreement; Base Contract for Sale and Purchase of Natural Gas; and Transaction Confirmation for immediate Delivery between the City of Kings Mountain and SRNG-Liberty, LLC in connection with the future RNG facility located at 1038 York Road. 11.B) Authorize the Mayor to enter into a Facilities Installation and Interconnection Agreement between the City of Kings Mountain and CRNG-Kings Mountain, LLC in connection to the future RNG facility located at 1038 York Road 19 Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Phil Dee it was voted unanimously to authorize the Mayor to enter into a Facilities Installation and Interconnection Agreement between the City of Kings Mountain and CRNG-Kings Mountain, LLC in connection to the future RNG facility located at 1038 York Road. 11.C) Adopt a Resolution authorizing the Mayor to enter into a Ground Lease between the City of Kings Mountain and CRNG-Kings Mountain, LLC in connection to the future RNG facility located at 1038 York Road Wayne Ledbetter, Director of Public Utilites addressed Council regarding this matter. For the record, the City followed the upset bid process, as required by North Carolina General Statutes. After the resolution of intent was adopted, the terms of the lease were advertised at least 30 days prior to this meeting. There were no upset bids received during the upset period. Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Tommy Hawkins it was voted unanimously to adopt Resolution 25-27 authorizing the Mayor to enter into a Ground Lease between the City of Kings Mountain and CRNG-Kings Mountain, LLC in connection to the future RNG facility located at 1038 York Road 11.D) Adopt a Resolution rescinding the City of Kings Mountain Local Incentive Grant Agreement and request the NC Department of Commerce Rural Development Division to de-obligate the Building Reuse Grant in the amount of $500,000 awarded to the City of Kings Mountain in support of Project Ball City Manager Todd Carpenter addressed Council regarding this matter. This incentive grant was approved in support of Project Ball on April 11, 2024. The project has decided to look at other locations. There's also a request from the Department of Commerce to de-obligate a Building Reuse Grant in the amount of $500,000. Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Phil Dee it was voted unanimously to adopt Resolution 25-28 rescinding the City of Kings Mountain Local Incentive Grant Agreement and request the NC Department of Commerce Rural Development Division to de-obligate the Building Reuse Grant in the amount of $500,000 awarded to the City of Kings Mountain in support of Project Ball. Resolution 25-28 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 protect the attorney-client privilege and to 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) (3) and (4). Closed Session Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Mike Butler it was voted unanimously to close the Closed Session and re-enter the Regular Meeting. Possible action regarding items discussed in the Closed Session Upon Motion by Councilmember Tommy Hawkins, seconded by Councilmember Annie Thombs it was voted unanimously to authorize the City Manager to engage outside Counsel in 20 connection with negotiating agreements to provide for a possible data center project up to $100,000. Motion to Adjourn Upon Motion by Councilmember Jay Rhodes, seconded by Councilmember Mike Butler it was unanimously voted to adjourn the meeting. BY:_______________________________ Robert C. Wagman, Mayor ATTEST: _________________________________ Karen Tucker, City Clerk 21 STAFF REPORT For the City Council Regular Meeting Meeting of: July 8, 2025 DATE: July 8, 2025 TO: City Council Regular Meeting FROM: Todd Carpenter, City Manager PREPARED BY: Aisha Pierre-Louis TITLE Authorize the Mayor to enter into a Professional Services Agreement between the City of Kings Mountain and Summit Utility Advisors, Inc. to provide specialized consulting services in support of the Citys electric and gas utilities. PURPOSE: The purpose of this report is to recommend the City Council approve a Professional Services Agreement between the City of Kings Mountain and Summit Utility Advisors, Inc. to provide specialized consulting services in support of the Citys electric and gas utilities. BACKGROUND AND FINDINGS: The City of Kings Mountain operates electric and natural gas utility systems that serve residents and businesses throughout the City. In an effort to enhance the operational reliability, regulatory compliance, planning capabilities and economic development alignment of these utilities, staff identified a need for specialized, on-call consulting support. Summit Utility Advisors, Inc. brings extensive experience in utility operations, planning and regulatory support for municipal electric and gas systems in North Carolina. The proposed agreement will allow the City to utilize Summit's services on an as-needed basis, with specific tasks and scopes defined by mutual agreement throughout the term. Scope of Services Under this agreement, Summit will provide support in the following primary areas: Operation and Planning Procedures: Development and oversight of best practices for routine 22 inspections, maintenance protocols, and safety audits. Management Support: Participation in the interview and evaluation process for key utility staff positions. Capital Improvement and Funding Analysis: Review and analysis of the Citys multi-year capital plans and potential funding mechanisms. Coordination with Third-Party Consultants: Oversight and integration of work performed by engineering, financial and legal consultants for utility operations. Wholesale Power and Gas Contracts: Monitoring and auditing of existing contracts to optimize economic and operational benefits. Load and Infrastructure Planning: Evaluation of potential industrial and commercial loads and associated impacts on utility infrastructure. Public Communication and Presentations: Representation of utility information to elected officials and community stakeholders, as needed. General Utility Support: Technical and strategic assistance across a range of utility issues, leveraging Summits institutional knowledge and municipal experience. Terms of Agreement Term: The agreement becomes effective upon execution and remains in effect unless terminated by either party with notice. Compensation: Summit will bill the City monthly for actual hours worked, using a rate schedule that ranges from $175 per hour. Out-of-pocket expenses will be reimbursed at cost. Supplemental Services: Any additional scopes of work not initially identified will be memorialized through written supplements and subject to agreed compensation terms. Legal Protections: The agreement includes provisions addressing indemnity, limitations on liability, dispute resolution, and the handling of intellectual property and work products. FINANCIAL IMPACTS: The agreement establishes a pay-as-you-go structure with no minimum guaranteed payments. Expenditures under the agreement will be funded through the Citys utility operating budgets, and tasks will be initiated based on available appropriations and staff needs. RECOMMENDATION: Staff recommends the City Council approve the Professional Services Agreement with Summit Utility Advisors, Inc., and authorize the Mayor to execute the agreement and any necessary supplements as may be required to implement utility-related services. CONSENT/STAND-ALONE Consent ATTACHMENTS: Professional Services Agreement 6.30.25.pdf KM - Scope of Services 6.23.25.docx 23 24 25 26 27 28 29  CITY OF KINGS MOUNTAIN, NORTH CAROLINA ELECTRIC SYSTEM SUPPORT AND CONSULTANT SCOPE OF SERVICES The scope of services to provide an electric system support and consulting services for the City of Kings Mountain (City) includes general support of operations, capital improvements, and business opportunities presented to the city of Kings Mountain. Tasks to be performed are summarized below: Task 1 – Completion and oversight of identifying critical operational and planning procedures: This task identifies and develops processes and procedures to be completed on a routine basis so to ensure a safe and reliable system to the employees and community served by the City. Bench marks and matrix to ensure the highest reliable system include:  Evaluation of current operational and maintenance programs.  Develop routine inspection and maintenance procedures to include but not limited to: o Pole inspections o Transformer inspections o Tree trimming/ROW o Wildlife protection o Meter testing o Substation inspection  Transformer testing (Oil, loading, etc.)  Batteries  Fencing/walls  Wildlife guards  Developing of maintenance program o Frequency of each procedure o Resources required  Impact of using in-house resources  impact of using outside/contractor resources o Annual expense/labor forecast. o Coordination with staff and leadership to ensure the status of each task is recorded and adjusted as needed to provide the best level of service possible.  Coordination of support from joint action agency (Electricities) o Safety audits o Mutual Aid o Training o Economic development o Government affairs  Annual and bi-annual reports o US Energy Information Administration (EIA) form 861, American Public Power’s Reliable Public Power Provider, Smart Energy Provider program, Electricities Award of Excellence, and Electricities Key Performance indicators.) Page 1 of 2 30 Task 2– Assist with interview process of perspective management employees. This task assist with the interview of key positions that are to be filled within the utility department. Tasks include:  Evaluation of each candidate  Offer of possible interview questions to include: o Technical knowledge o Leadership ability to staff o Ability to communicate with citizens and general public o Determine ability to see the City’s goals wholistically and how his area support can support these wider objectives Task 3 – Capital Improvement and Funding Analysis: This task involves a review of the City’s multi-year capital improvement plan and the development of a funding analysis to identify the proposed sources of funds for financing the capital projects. Task 5 – Coordination of external consultants: This task involves coordinate the scope of work to be performed by engineering, financial, and legal consultants as it relates to the operation of the Gas/Electric Departments. Task 6 – Monitor and audit Wholesale power and Gas contracts: This task involves working with Wholesale electric provider and participants to seek all potential opportunities related to the wholesale purchase power contract. This includes, implementation of new loads, renewable generation, and gas hedging. Task 7 – Evaluate potential load and impact to the City of Kings Mountain: This task involves meeting with potential developers and industries to determine how Kings Mountain can best benefit for new and emerging opportunities. Task 8 – General Support as needed related to operations of Gas/Electric Department: This task involves the institutional knowledge of the Municipal electric systems in North Carolina including territorial assignment, rate design, cost of service. Task also includes, at request of City leadership making presentations to elected officials, pubic interest groups, and the general public. Page 2 of 2 31 STAFF REPORT For the City Council Regular Meeting Meeting of: July 8, 2025 DATE: July 8, 2025 TO: City Council Regular Meeting FROM: Clint Houser PREPARED BY: Clint Houser TITLE Adopt an Ordinance amending the City of Kings Mountain Code of Ordinance Chapter 154: Community Appearance, Section 154.08: Enforcement and abatement procedure to correct a typographical error. PURPOSE: To amend the ordinance in order to be accurate. BACKGROUND AND FINDINGS: Failure to make this change makes the current language inaccurate and potentially unenforceable. FINANCIAL IMPACTS: No financial impacts. RECOMMENDATION: Requesting that Section 154.08 of the Citys Community Appearance Ordinance be revised to reference the correct section number. Current language references 154.20 which is incorrect; should be changed to read, 154.05. Current text: 154.08 ENFORCEMENT AND ABATEMENT PROCEDURES. When any public nuisance as set out in §154.20 is found to exist on any property within the corporate limits of the city, the following procedures shall be followed: 32 Proposed text: 154.08 ENFORCEMENT AND ABATEMENT PROCEDURES. When any public nuisance as set out in §154.05 is found to exist on any property within the corporate limits of the city, the following procedures shall be followed: CONSENT/STAND-ALONE Consent ATTACHMENTS: Correct Sec. 154.08.doc 33  ORDINANCE 25- AMENDING THE CODE OF ORDINANCE OF THE CITY OF KINGS MOUNTAIN TITLE XV: LAND USAGE Chapter 154: Community Appearance Standards Code Section 154.08 Enforcement and Abatement Procedures WHEREAS, the City of Kings Mountain has previously adopted a Code of Ordinance which does provide for the regulation of property maintenance for the promotion and protection of the health and safety of the residents of the City of Kings Mountain; and WHEREAS, the Inspections and Codes Department of the City of Kings Mountain has recommended an amendment to the Code of Ordinance, and more particularly that which modifies Chapter 154: Community Appearance Standards Code, specifically Section 154.08 Enforcement and Abatement Procedures to correct a typographical error. NOW THEREFORE, BE IT ORDAINED and established by the City Council of Kings Mountain, North Carolina, assembled in regular session this the 8th day of July, 2025, Chapter 154: Community Appearance Standards, Section 154.08 Enforcement and Abatement Procedures shall be amended as follows: § 154.08 ENFORCEMENT AND ABATEMENT PROCEDURES. When any public nuisance as set out in §154.20 §154.05 is found to exist on any property within the corporate limits of the city, the following procedures shall be followed: (A) Notice of violation. A written notice of violation shall be served to the owner of the property. The notice shall state the condition constituting such public nuisance and shall order the conditions to be abated within a specified time. It shall be unlawful for any person, upon receipt of the notice of violation to fail to comply within the time specified on the notice. Should an owner be deemed a chronic violator, as defined by this code, then only one initial annual notice within the next calendar year is required to be served. (B) Posting of notice. The property may be posted by the Code Enforcement Officer on the date of the notice of violation in a prominent location on the street facing façade of any building or yard, with a placard or other appropriate means of notice declaring the property is a public nuisance property. (C) Failure to comply. If the owner having been ordered to abate a public nuisance, fails, neglects, or refuses to abate or remove the condition constituting the nuisance within the time specified on the notice of violation, the Code Enforcement Officer shall cause the condition to be removed or otherwise abated by one of the following courses of action. (1) The Codes Enforcement Officer shall cause the condition to be removed or otherwise abated by city personnel or private contractor designated by the Code Enforcement Officer. (2) The city may apply to the appropriate court for an injunction and order of abatement which would require that the owner correct any unlawful condition relating to this code on the person’s property. 34  (D) Citations. Code Enforcement Officers are empowered to issue citations to the owner of any property in violation of this code. A civil penalty of $50.00 will be charged for each day a violation continues to exist after the issuance of a citation and will continue to accumulate until compliance and abatement has occurred up to a maximum penalty of $500.00. The civil penalty will be waived if the violation is corrected within the time specified on the citation. If the violation is not corrected within the time specified on the citation, the civil penalty shall be paid within thirty (30) calendar days after the issue date of a statement of charges. The city may take one of the following courses of action to collect an unpaid civil penalty. (1) The city may institute a civil action in the nature of debt in the appropriate division of the General Court of Justice for the collection of the civil penalty, attorney fees, and such other relief as provided in N.C.G.S. 160A-175. (2) A lien may be levied against the property owner for the cost of the citation fee as provided by the authority of the city. NOW THREFORE BE IT ORDAINED by the City Council for the City of Kings Mountain the following: SECTION 1: That this amendment is for the purpose of correcting a typographical error in § 154.08 Enforcement and Abatement Procedures, and the remainder of Chapter 154 remain unchanged. SECTION 2: That this amendment to the Ordinance shall become effective from and after the date of its adoption. PASSED and ADOPTED, this the 8th day of June, 2025. THE CITY OF KINGS MOUNTAIN, NORTH CAROLINA BY: _______________________________________________________ Robert C. Wagman, Mayor ATTEST: _____________________________________________ Karen A. Tucker, City Clerk 35 STAFF REPORT For the City Council Regular Meeting Meeting of: July 8, 2025 DATE: July 8, 2025 TO: City Council Regular Meeting FROM: Development Services PREPARED BY: Madeline Grigg TITLE Consider an Amendment to the City of Kings Mountain Zoning Map Changing Parcels 9842 and 46733 from Light Industrial to Suburban Residential - Brad Lagano, Senior Planner. PURPOSE: To consider the applicants request to change the zoning district on Parcels 9842 and 46733, located at 419 Phifer Rd, from Light Industrial (LI) to Suburban Residential (SR). BACKGROUND AND FINDINGS: Parcels 9842 and 46733 comprise a combined 4.64-acre tract featuring an abandoned brickyard and several structures, located at 419 Phifer Road. These properties are owned by Kings Mountain Land Holdings, LLC, and are under contract with Macedonia Baptist Church. The current zoning designation for parcel 9842 and the western portion of the split-zoned parcel 46733 is Light Industrial (LI), which allows for low-intensity fabrication, assembly, and warehousing with both indoor and outdoor storage. The requested zoning designation, Suburban Residential (SR), primarily permits single-family houses, modular homes, and non-residential uses such as churches and schools. To the north, east, and south of the parcels are Suburban Residential (SR) properties, while Light Industrial (LI) zoned land is to the southwest. Kings Mountain High School and its Business and Industry Technologies building are adjacent to the property to the west, with residential homes to the 36 north, east, and southwest. The future land use map (FLU) designates this area for Auto-Urban Commercial (AU). This rezoning would be inconsistent with the Land Use Plan, and if rezoned, would require a change to the land use plan for these parcels to Future Suburban. At the April 1, 2025, Planning and Zoning Board meeting, the Board voted unanimously to recommend approval of the requested zoning amendment. The Board found the change reasonable and compatible with existing zoning and land uses. The Board also recognized that this change would require a change to the Future Land Use Map and that said change was consistent. City Council originally heard this case at its April 22nd meeting. Council voted to continue the hearing to the May 13th Regular Agenda meeting, and then to the June 10th Regular Agenda Meeting. At the June 10th meeting Council closed the case at the request of staff to allow the applicant time to address concerns discovered on the property with the seller. The applicant has resolved concerns with the seller and contacted staff to add the rezoning case to the July 8, 2025, Regular Agenda Meeting. FINANCIAL IMPACTS: This rezoning would allow the applicant to utilize the parcel as desired, adding new structures and increasing the citys tax base. ALTERNATIVES: City Council can deny the application as presented. RECOMMENDATION: Hold a public hearing and vote to approve or deny the rezoning request. CONSENT/STAND-ALONE Public Hearing ATTACHMENTS: Z-25-4 Staff Report City Council.pdf Z-25-4 Current Zoning Map.pdf 37 Z-25-4 Proposed Zoning Map.pdf Z-25-4 Aerial Map.pdf Z-25-4 Future Land Use Map.pdf 38 STAFF REPORT For the Kings Mountain City Council Meeting of: July 8, 2025 DATE: June 27, 2025 CASE: Z-25-04 TO: Kings Mountain City Council FROM: Development Services PREPARED BY: Jaylon M. Smallwood, Planner II TITLE Consider an Amendment to the City of Kings Mountain Zoning Map Changing Parcels 9842 and 46733 from Light Industrial to Suburban Residential PURPOSE: To consider the applicant’s request to change the zoning district on Parcels 9842 and 46733, located at 419 Phifer Rd, from Light Industrial (LI) to Suburban Residential (SR). BACKGROUND AND FINDINGS: Parcels 9842 and 46733 comprise a combined 4.64-acre tract featuring an abandoned brickyard and several structures, located at 419 Phifer Road. These properties are owned by Kings Mountain Land Holdings, LLC, and are under contract with Macedonia Baptist Church. The current zoning designation for parcel 9842 and the western portion of the split-zoned parcel 46733 is Light Industrial (LI), which allows for low-intensity fabrication, assembly, and warehousing with both indoor and outdoor storage. The requested zoning designation, Suburban Residential (SR), primarily permits single-family houses, modular homes, and non-residential uses such as churches and schools. To the north, east, and south of the parcels are Suburban Residential (SR) properties, while Light Industrial (LI) zoned land is to the southwest. Kings Mountain High School and its Business & Industry Technologies building are adjacent to the property to the west, with residential homes to the north, east, and southwest. The future land use map (FLU) designates this area for Auto-Urban Commercial (AU). This rezoning would be inconsistent with the Land Use Plan, and if rezoned, would require a change to the land use plan for these parcels to Future Suburban. At the April 1, 2025, Planning and Zoning Board meeting, the Board voted unanimously to recommend approval of the requested zoning amendment. The Board found the change reasonable and compatible with existing zoning and land uses. The Board also recognized that this change would require a change to the Future Land Use Map and that said change was consistent. 39 City Council originally heard this case at its April 22nd meeting. Council voted to continue the hearing to the May 13th Regular Agenda meeting, and then to the June 10th Regular Agenda Meeting. At the June 10th meeting Council closed the case at the request of staff to allow the applicant time to address concerns discovered on the property with the seller. On June 17, 2025, the applicant was able to resolve all concerns with the seller and contacted staff to add the rezoning case to the July 8, 2025, Regular Agenda Meeting for City Council. FINANCIAL IMPACTS: This rezoning would allow the applicant to utilize the parcel as desired, adding new structures and increasing the city’s tax base. RECOMMENDATION: Development Services staff supports the rezoning request, as it complements the surrounding zoning and development along Phifer Rd, while eliminating a split-zoning designation that offers no benefit to the property owner or area. ALTERNATIVES: City Council can deny the application as presented. ATTACHMENTS: 1.) Z-25-04 Aerial Map 2.) Z-25-04 Current Zoning Map 3.) Z-25-04 Proposed Zoning Map 4.) Z-25-04 Future Land Use Map Department Head Signature: ____Henry Earle_______________ 40 41 42 43 44 STAFF REPORT For the City Council Regular Meeting Meeting of: July 8, 2025 DATE: July 8, 2025 TO: City Council Regular Meeting FROM: Clint Houser, Director of Inspections and Codes PREPARED BY: Clint Houser TITLE Motion to adopt an Ordinance to demolish and remove the partially burned and severely dilapidated dwelling located at 186 E. Gold Street - Darren Graves, Code Enforcement Officer. PURPOSE: Requesting that the Kings Mountain City Council adopt an ordinance to allow the City Code Enforcement Officer to cause the dilapidated dwelling located at 186 E. Gold St. to be demolished and removed in accordance with the City of Kings Mountains Housing Code, Section 152.06. BACKGROUND AND FINDINGS: Within the last year, the homeless community has been occupying this abandoned dwelling resulting in several calls for fire service at the property. The fire damage has partially destroyed the dwelling resulting in an unsafe condition. On May 23, 2025, the City Code Enforcement Officer held an administrative hearing resulting in an Order to Repair to be served requiring the dwelling be brought into compliance with the Citys Housing Code or demolished and removed on or before June 30, 2025. As of date the owner has made no efforts to repair or demolish the dwelling. FINANCIAL IMPACTS: The cost for demolition will be determined through a bid process. As compared to recent demolitions, it is estimated that the cost to demolish the dwelling will be approximately $3000 to $5000. The Inspections and Codes office has the funds budgeted and available to cover this expense. Any cost associated with the abatement of this property will be placed as a lien against the property. ALTERNATIVES: 45 Failure to take action of causing the dwelling to be demolished will result in the continuation of a public nuisance to the surrounding property and a threat to the public safety. RECOMMENDATION: It is the recommendation of Staff that City Council adopt an Ordinance to demolish and remove the partially burned and severely dilapidated dwelling located at 186 E. Gold Street. CONSENT/STAND-ALONE Regular Meeting ATTACHMENTS: Demo 186 East Gold St.doc Photo 1.jpg Photo 2.jpg 46  ORDINANCE 25- ORDERING THE DEMOLITION OF CERTAIN PROPERTY IN THE JURISDICTION OF THE CITY OF KINGS MOUNTAIN, NORTH CAROLINA THAT WHEREAS, N.C.G.S. Subsections 160D-1201 through Subsection 160D-1206 of the State of North Carolina, do detail the procedures for repair of demolition of structures that are unfit for human habitation within the jurisdiction of the City of Kings Mountain; and WHEREAS, the Codes Enforcement Officer has determined that the following property is unfit for human habitation, and has complied with all requirements to notify the owners to repair or demolish this structure located on the premises, and to date, that work has not been done; and WHEREAS, the Codes Director for the City of Kings Mountain held a hearing on May 23, 2025 for the purpose of determining if demolition of the structure located on the premises, was appropriate as to the property bearing the address of 186 East Gold Street and has been determined that the same is unfit for human habitation; and WHEREAS, an Order to Repair was issued on May 23, 2025 ordering the Owner to bring the above described structure into compliance with the City of Kings Mountain’s Housing Code Ordinance by repairing, altering, or demolishing the structure by a date not later than June 30, 2025 and as of the date of this Ordinance, the owner has not complied with the order to repair, and the conditions continue to be in violation of the City’s Code of Ordinance. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the City Council for the City of Kings Mountain, North Carolina, in Regular Session assembled this the 8th day of July, 2025 as follows: SECTION 1 That the structure bearing the address of 186 East Gold Street, Kings Mountain, as listed on, Tax Map KM12, Block 1, Lot 2, Parcel No. 8067, Deed Book 1185 at Page 0319 is hereby declared unfit for human habitation. The Codes Director is hereby directed to demolish the structure located on the premises within ninety (90) days of this date pursuant to N.C.G.S. Subsection 160D-1203 et seq. That the costs of demolition, lot cleaning, grass abatement, postage, and a Twenty-Five ($25.00) Dollar administration fee shall be charged against the owners, if not paid within thirty (30) days of billing, shall be a lien against the real property upon which the cost was incurred. Said lien shall be recorded in the Office of the Register of Deeds for Cleveland County. Said cost aforementioned shall also be placed upon the City of Kings Mountain’s tax books, representing an assessed lien against said property and may be collected and foreclosed in the same manner as taxes and tax liens are collected and foreclosed or by such civil action as the law may provide. 47 SECTION 2 That a certified copy of the Ordinance, shall be placed on record in the Office of the Register of Deeds for Cleveland County with the same being indexed in the name of the property owners, CHRISTOPHER WADE BUMGARDNER. SECTION 3 That this Ordinance shall be and remain in effect from and after the date of its adoption. PASSED AND ADOPTED this 8th day of July, 2025. CITY OF KINGS MOUNTAIN, NORTH CAROLINA By:___________________________________________________ Robert C. Wagman, Mayor Attest: _______________________________________________ Karen A. Tucker, City Clerk 48 49 50 STAFF REPORT For the City Council Regular Meeting Meeting of: July 8, 2025 DATE: July 8, 2025 TO: City Council Regular Meeting FROM: COKM Transportation Committee via Chief of Police Gerald Childress PREPARED BY: Gerald Childress TITLE Motion to adopt an Ordinance amending the City of Kings Mountain Code of Ordinance Chapter 74: Golf Carts, Section 74.03: Regulation, Permits and fees and Section 74.04: Operation and Traffic Laws - Chief Gerald Childress. PURPOSE: The purpose of this motion is to update the City of Kings Mountain golf cart Ordinance, Chapter 74 Section 74.03 to include language that clearly lists the minimum required safety equipment standards for golf carts. In addition, it is recommended that Section 74.04 (C) be modified to restrict golf cart operations from sunrise to sunset unless properly equipped with newly recommended safety features for nighttime operations. BACKGROUND AND FINDINGS: The current City of Kings Mountain golf cart Ordinance section 74.03(E), indicates that, "All golf carts must meet minimum requirements and standards for safety equipment." However, these standards are not listed or defined in the Ordinance. Staff presented this to the Transportation Advisory Committee, and they are in agreement with the proposed changes. The proposed Ordinance is attached, and the changes are highlighted in red. FINANCIAL IMPACTS: None ALTERNATIVES: Council can suggest other safety equipment standards to be included in the Ordinance or chose to keep 51 the Ordinance as written. RECOMMENDATION: Adopt an Ordinance amending the City of Kings Mountain Code of Ordinance Chapter 74: Golf Cart, Section 74.03: Regulation, Permits and fees to include language that lists the required safety equipment standards for golf carts operated in the city, and the hours golf carts can be operated with the listed equipment. CONSENT/STAND-ALONE Regular Meeting ATTACHMENTS: Safety Equip. - Golf Carts.doc 52  ORDINANCE 25- AMENDING THE CODE OF ORDINANCE OF THE CITY OF KINGS MOUNTAIN TITLE VII: TRAFFIC CODE Chapter 74: Golf Carts Section 74.03: Regulation, Permits, Fees Section 74.04: Operation and Traffic Laws WHEREAS, the City of Kings Mountain has previously adopted a Code of Ordinance which does provide for the regulation of property maintenance for the promotion and protection of the health and safety of the residents of the City of Kings Mountain; and WHEREAS, the Police Chief has recommended an amendment to the Code of Ordinance, and more particularly that which modifies Chapter 74: Golf Carts, specifically Section 74.03: Regulation, Permits, Fees and Section 74.04: Operation and Traffic Laws. NOW THEREFORE, BE IT ORDAINED and established by the City Council of Kings Mountain, North Carolina, assembled in regular session this the 8th day of July, 2025, the following: SECTION 1: That Chapter 74: Golf Carts, specifically Section 74.03: Regulation, Permits, Fees and Section 74.04: Operation and Traffic Laws shall be amended as follows: 74.03 REGULATION, PERMITS AND FEES. Golf carts being operated on the permitted streets within the city must be in compliance with the following. (A) There may be two applications for golf cart permits per household made each year. For any number greater than two, they must be approved by the City Manager. All applicants for golf cart permits must be residents within the city limits. (B) The application must be on a form approved by the city for this purpose. (C) The applicant must be the owner of the golf cart and provide with the application, proof of liability insurance in at least the minimum coverages for liability insurance, as is required for the operation of other motor vehicles for operation on the streets and highways of the state. The required liability insurance coverage must be maintained in effect during all times when a permit issued is in a valid status and/or as long as the golf cart is being operated on the streets of the city. (D) Permits/stickers will be issued to an owner of only electric or gas golf carts. (E) All golf carts must be meet minimum requirements and standards for safety equipment. A photograph of the golf cart for which a permit may be issued, must be attached to the application applying for issuance of a permit. (F) All golf carts shall have the following equipment installed: 53  a. Slow-moving vehicle sign (SMV emblem) in accordance with ANSI/ASAE S246.8. b. Rear-view/rear facing mirror. (G) Golf Carts operated after sunset or prior to sunrise shall have the following equipment installed: a. Headlights b. Taillights c. Break lights d. Turn signals (H) Golf carts carrying passengers under 16 years of age shall have seatbelts installed, and seat belts shall be worn by all passengers under 16 years of age. (I) All golf cart operators must possess a valid driver’s license. However, one may operate a golf cart if one has been issued a limited learner permit under those restrictions and requirements as are set out in G.S. § 20-11 and its subparagraphs. A driver or operator 18 years of age and older, with a medical or physical condition that prevents that individual from being able to obtain a valid state driver’s license, may be able to operate a golf cart. The medical condition must be evidenced with professional, certified medical proof that indicates that the condition prevents the driver or operator from taking a driver licensing exam. The medical professional must document that the operator does not possess a medical condition that would prevent the safe operation of a motor vehicle and this documentation must be updated annually. Any driver or operator that is exempt from the requirement of a valid state driver’s license must still present and have on record and in their possession while operating a golf cart, a valid state identification card. (J) The permit and/or sticker which will be issued by the city, indicating that the golf cart has been authorized to be operated on the streets of the city, shall have that permit and/or sticker affixed to the golf cart during its operation in a prominent area on the golf cart for display. (K) Golf carts by design are equipped to seat a certain number of passengers. Each golf cart differs in that it may accommodate two to six passengers generally. This section is designed to regulate overcrowding or reckless operation of a golf cart. Therefore, no passengers are permitted to stand on a golf cart while it is in operation. (L) Permits/stickers will be issued annually, and shall be valid from July 1 of a year through June 30 of the following year. The fee to be paid upon the issuance of permit/sticker shall be in the sum of $20 annually, and as may be amended, and such is not an amount which may be prorated. Lost or stolen permits/stickers are the responsibility of the owner. The city shall immediately be notified in the event of a lost or stolen permit/sticker. The city may require a new application to be filed for the issuance of a permit/sticker for that golf cart from which a permit/sticker has been lost or stolen. This re-application may require the resubmission of any and all fees necessary before a replacement permit/sticker is issued. 74.04 OPERATION AND TRAFFIC LAWS. (A) Any person who operates a golf cart in the city and fails to receive or properly display a city permit/sticker, will be subject to the state laws requiring registration, insurance and any other applicable laws, in addition to being in violation of this chapter. (B) Golf carts will be subject to the traffic laws of the state. 54  a. All operators must adhere to all laws that apply to normal vehicle operation, to wit: stop signs, stop lights, one-way streets and the like, all alcohol laws will also apply. b. Golf carts will adhere to all traffic flow patterns and will operate on the right side of the roadway. c. Golf cart operators must yield the right-of-way to any overtaking vehicles. d. Golf carts shall not be operated on sidewalks. e. Golf carts shall not be operated on private property without the permission and consent of the property owner. (C) Golf carts that are issued permits to operate under this chapter may only be used from sunrise until 30 minutes prior to sunset, unless equipped with the appropriate safety features listed in 74.03(G) as “required for night time operation.” (D) Golf carts shall be operated within a two-mile radius of the owners’ residence or place of business. SECTION 2: That this amendment applies to Chapter 74: Golf Carts, specifically Section 74.03: Regulation, Permits, Fees and Section 74.04: Operation and Traffic Laws and that the remainder of Chapter 74 is unchanged and still in full effect. SECTION 3: That this amendment to the Ordinance shall become effective from and after the date of its adoption. PASSED and ADOPTED, this the 8th day of June, 2025. THE CITY OF KINGS MOUNTAIN, NORTH CAROLINA BY: _______________________________________________________ Robert C. Wagman, Mayor ATTEST: _____________________________________________ Karen A. Tucker, City Clerk 55