By Loretta CozartAfter months of work involving city staff and consultants, Kings Mountain’s new Unified Development Ordinance (UDO) has been approved. The new zoning ordinance replaces former zoning used by the city. All cities within the state had to develop and implement a new UDO that had to be implemented July 1. The motion to adopt was made by Councilman Allen and the vote was unanimous.
Architect Can Fleiger spoke against approval of the UDO saying he was doing so reluctantly. “I favor UDO’s that support neighborhoods and encourage neighborhoods to grow.” His concerns were regarding the term ‘detached residential’ and how that might impact single family housing in Kings Mountain.
Prior to the vote on the UDO, Mayor Neisler said, “I want to thank the folks in our Planning and Development team and consultant Kelly McCormick. You guys have really been working tirelessly, specifically Kimberly, and I think we’ve got a really great plan going forward. Now, is it going to be perfect? If you think this is going to be perfect, you are going to be terribly wrong and terribly disappointed, because it is going to need to be tweaked. The comprehensive plan will follow this, and we’ll be working on that until the end of the year.”
In councilman’s remarks, Councilman Keith Miller made a public apology saying, “Thursday night we had a UDO meeting, and we had some passionate conversations. In the course of that passion, I think I was discourteous to Councilman Allen, Ron Humphries, and our consultant Kelly. I apologize for my intemperance, and I apologize to this body.”
City Manager Marilyn Sellers reported on various projects in town:
• The Meadowbrook waterline project should be complete with paving this week.
• Mauney Memorial Library will start in-person programming after Labor Day, along with in-person story time. Part of the library’s strategic plan was to have an outreach program in the community. They are going to start with Ramseur Park area. That is the park that was built by staff. So, they will be working with the Housing Authority and engaging kids in programs and giving away free books promoting reading and literacy. They will be going there quarterly.
• Mauney Memorial’s 1923 house renovations have been completed and the mayor and city council is invited for a tour on July 12 at 3 pm. The community has shown a lot of support for the library.
• Project CHIPPY (Benestar): Electric infrastructure is 90% complete and the natural gas is about 50% complete. So city staff is meeting the target date and Benestar will be online later this summer.
• The new ball field at the Intermediate School: 90% of the materials have been received. Sellers feels the city is on target to be completed in late August.
• Delivery 5 Distribution and Transmission Project: Moving along as expected, right away acquisitions and site preparations are being solidified. That project is on schedule.
• Streetscape Project: All infrastructure downtown is complete: gas, electric, water, and sewer, with the exception of electrical for new lighting. The streetlight fixtures have been identified, and the cost is being evaluate. came in high, so they identified, and the cost came in high so it is being evaluated.
• The city received DOT hydraulic calculations, so the city is close to meeting all the DOT requirements. The stormwater calculations are actually better with the streetscape. As soon as the city gets DOT approvals the city will go out for bids on the project. The contracts will set the schedule and the city hopes for completion in the fall, depending upon delivery of materials. Wi-Fi is being installed in the downtown area.
During the regular meeting, Councilwoman Annie Thombs made a motion to approve a Developer Agreement to construct a 300,000 square foot shell building and provide financial incentives for PROJECT JOE (Equus Partners). Councilman Butler was absent from the room, but all other council members approved.
Councilman Allen made a motion to adopt an ordinance amending the zoning map of the City of Kings Mountain, NC to rezone property located in the City of Kings Mountain at 1050 York Road, Highway 161. Property being further known as Parcel Numbers 12771 and 63398 and consisting of 0.73 acres and 7.16 acres, totaling 7.89 acres, from Heavy Industrial (HI) to Light Industrial (LI) – Case No. Z-6-5-21. The vote was unanimous.
Councilman Rhodes mad a motion to deny an ordinance to remove property consisting of 7.16 acres, Parcel #63398 located in the City of Kings Mountain along York Road, Highway 161, from the Thoroughfare Protection Overlay District – Case No. Z-5-5-21. That vote was unanimous.
A motion to Adopt an Ordinance approving the Sandee Run Subdivision, Phase I Preliminary Plan – Case No. MJS-17-5-21 was made by Councilman Hawkins. The vote was unanimous.
Council discussed a motion to authorize the Mayor to execute into an agreement for an easement with Albemarle for a 30-ft. wide sewer right of way. Assistant City Manager Nick Hendricks explained, “What we are looking to do is ask the mayor to execute. We are in a time crunch. At the end of Tin Mine Road there was 17-acres of land that the city purchased. Adjoining that acreage, the north side of Rockwood Lithium the was land that we did not purchase. There is a sliver of land that Rutherford Electric has an easement that we are requesting to obtain so we can continue to bring the sewer through that area down through the Hagen property and over to Exit 5 for future development. There would be no cost to the city to do this.” Councilman Rhodes made the motion to authorize the mayor to execute the easement agreement and the vote was unanimous.
This 17.11 acre tract was once owned by the Hagen family but was sold by the city in an upset bid process last year to E5 Holdings.
In the consent agenda, city council unanimously approved the following items:
Authorize the City Manager to sign any additional Budget Amendments relating to end of the year closeout of the 2020-2021 budget in order to ensure statutory compliance for the FY ending on June 30, 2021 (Copies of the Budget Amendments will be available for your review).
Listed below are three budget amendments which require Council approval:
• Budget amendment in the amount of $250,000 to budget additional funds to be transferred to the Workers Compensation Internal Service Fund due to several significant claims that continue to require funding and to increase/replenish fund balance in this account. The city is partially self-insured for Workers Compensation. Council approval is required due to the fact that we are transferring monies between departments/functions.
• Budget amendment in the amount of $570,000 to budget for stop loss revenues received through 5/31/2021. This represents funds paid to the City by our insurance company for amounts exceeding our per person maximum. Council approval is required due to the fact that we are increasing total budget in the fund.
• Budget amendment in the amount of $500,000 to establish budget for transferring funds to the Capital Reserve Fund. This is needed for future capital and to replenish the fund for dollars transferred related to 2020-2021 capital (Streetscape). Council approval is required due to the fact that we are transferring funds between departments/functions.
Reappropriate remaining budget in the 2021-2022 budget to expedite payment of the various vendors/final delivery for purchases/projects in progress at year end.
Adopt a Grant Ordinance for anticipated American Rescue Plan Act funds which have been allocated to City of Kings Mountain in the event funds were received prior to year-end. This is to ensure that the city has complied with the NC Statutory budgeting requirements.
Adopt a resolution, pursuant to N.C.G.S § 160A-31, directing the City Clerk to investigate the sufficiency of a petition for voluntary contiguous annexation from Kenneth F. Davis and Amy C. Davis for property identified as Cleveland County Tax Map 4-59, Block 1, Lot 11U, or Deed Book 1719 Page 1172 and consisting of 29.88 acres, more or less.
Award a Downtown Façade Grant to Gregg and Cheryl Johnson, for property located at 213 South Battleground Avenue, in the amount of $4,540.00.
Adopt a resolution to add language to all downtown grant applications to include a requirement for proof of commercial property insurance which verifies coverage of the property for full replacement value. This is a recommendation from the Main Street Coordinator. Applications are available for review in the City Clerk’s office.
Adopt a Resolution of Intent to consider closing a portion of James Street, which lies between Grace Street and the Norfolk Southern Railroad right of way.
Schedule a Public Hearing for Tuesday, August 31, 2021, at 6:00 p.m. to consider closing a portion of James Street.
Schedule a Public Hearing for Tuesday, July 27, 2021, at 6:00 p.m. to consider an application from Stella N. Putnam (Owner Neisler Brothers Inc.) to rezone property fronting South Battleground Avenue and consisting of approximately 8.93 acres being further known as Parcel #12841 from Residential R-10 to Light Industrial (LI).
Adopt a resolution to receive an Offer to Purchase from Earthfall Production, Inc. for property containing approximately 1.33 acres located near Phifer Road and begin the upset bid process.
Adopt a resolution to amend the number of members on the Kings Mountain Tourism Development Authority from seven (7) members to eight (8) members. This addition will not negatively impact the required ratio of members who collect occupancy tax. This is a recommendation from the Nominating Committee.
Approve the following appointments and reappointments to the Boards and Commissions listed below. These are the Mayor’s recommendations and were approved by the Nominating Committee:
Planning & Zoning Board
Kyle Yarbro – initial appointment to fill the unexpired term of Maury Williams - term expiring 12/31/2022
Moss Lake Commission
Trip Boinest – initial appointment for a Moss Lake POA seat - term expiring 6/30/2024
Main Street Advisory Board
Jim Champion – reappointment for a full term – term expiring 6/30/2024
Christina Bell Hill – initial appointment - term expiring 6/30/2024
Brenda Lovelace – initial appointment - term expiring 6/30/2024
Patrick Senior Center Advisory Board
Cathleen “Cass” Roberts – initial appointment - term expiring 6/30/2024
Regena Baynard – initial appointment - term expiring 6/30/2024
Janie McVay – initial appointment - term expiring 6/30/2024
KMTDA Board
Brenda Lovelace – reappointment for a full term – term expiring 6/30/2024
Chuck Kilroy – initial appointment from Delaware North - term expiring 6/30/2024
KM Transportation Committee
Gerald McMahan – reappointment for a full term – term expiring 6/30/2024
City council closed the regular meeting for a closed session to consult with legal counsel regarding a possible real estate acquisition. No action was taken on this matter when the regular meeting resumed, and the meeting was adjourned.
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