City Council - Regular Meeting

Welcome everybody and happy new year. Um so welcome to tonight's January 6, 2026 city council meeting and I ask that you please silence all electronic devices and as a um just to make sure that mine is silenced going into airplane mode. So, as we get started this evening, I'm going to invite you um to join me in invocation. Um I I am a clergy person and I typically do invocation probably in a different way than you've ever experienced. Um so I just want to invite you to look around to look around at who is gathered here. This is the city of Burlington. We are here together this evening to do the work of the city and you are a part of that um to support the work that your council and your staff do and for that we give thanks and I appreciate your presence here with us and as I'm certain that our council does. So I just invite you into a moment of silence or a few seconds of silence. We won't do a whole minute but a few seconds of silence as you reflect on the beauty that is gathered here. Thank you so much. And at this time, I'd like to recognize City Clerk Beverly Smith for our code of ethics, disclosing conflicts of interest.

Members of the council, it is my responsibility to remind you of your duty to avoid conflicts of interest. I ask if there are any potential conflicts concerning tonight's agenda items. [clears throat] So, next on the agenda is the approval of minutes from December 1st, 2025 work session. December 2nd, 2025 city council meeting at 6 p.m. and December 2nd, 2025 city council meeting at 7:30 p.m. Um, we need a motion and a second to approve the minutes. Motion approved. Second. All in favor? I.

Thank you. Um, we do have two additions to the consent agenda. Um, item H, which is 2026 federal advocacy agenda, and item I, voluntary non-ontigu, non-ontiguous annexation request um 2659 South Carolina Highway 87, PID142906. We need a motion and a second to approve or deny the additions to the agenda. Motion to approve. Second. Second. Thank you. All in favor? I I

Okay. And next we will adopt our agenda. We need an a motion and a second to adopt or deny the agenda with these additions that we just approved. Motion to approve the agenda. Thank you. Second. All in favor? I. Thank you.

Okay. The consent agenda. Um these items are typically non-controversial. If anyone has any questions about the following items, please let us know. And I'm just going to invite you to bear with me. There is a list. Um you know the routine. It will take a moment to read through these. Um so um consent agenda A is to approve the reclassification of one vacant equipment operator 3 position payra 206 and one vacant equipment operator 2 position paygrade 205 to two equipment operator one positions payra 204 and the public works department effective upon city council approval. Consent agenda B to approve the reclassification of the operations manager position paygrade 214 to an assistant public works director position paygrade 218 in the public works department effective upon city council approval. Consent agenda C to approve the reclassification of the GIS technician position paygrade 210 to a GIS analyst position paygrade 212 in the planning department effective at the beginning of the pay cycle following council approval. Consent agenda D. To adopt a resolution and authorize the purchasing manager to process the sale of one 2000 Sterling LT75007500 truck with a TX crane by electronic public auction through gov deals to the highest bidder pursuant to NCGs 168-270. Consent agenda E to approve BA2026-14 for the economic development department to allocate reimbursement of travel funds by Alamance County via the EPA Brownfields grant. Consent agenda F to

approve BA 2026-15 to allocate community project funding from the North Carolina Department of Justice for the regional CAD RMS upgrade the city of Burlington is undertaking with Alamance County. Consent agenda G to approve BA2026-16 for recreation and parks to accept the 2025C go bond proceeds for the Maynard Aquatic Center and Western Sportslex. Consent agenda H to adopt the proposed 2026 federal advocacy agenda. Consent agenda I to approve the utility request and deferral of the applicant's petition for annexation of 2659 South Carolina Highway 87 to a future date pursuant to NCGS160D-202 Burlington City Code section 40.40 and the terms of the annexation agreement executed by the applicant and the city and filed in the Elements County Register of Deeds. I will entertain a motion and a second to approve or deny the foregoing consent agenda.

Motion to approve. Second. All in favor? I. I. And next on our agenda is public hearings. Um a public hearing has been scheduled for city council to consider proposed amendments to city code of ordinances. Chapter 2 administration, chapter 6 animals, 16 junked and abandoned vehicles. and 36 traffic with an effective date of January 6, 2026, the date of adoption. At this time, I recognize Assistant City Attorney Sherry Childress to present on this item.

Mr. Mayor and Council, if I could, we would ask you first at this time to uh vote, have a motion, a second a vote to remove um the section 16 junked uh junked and abandoned vehicles from the agenda. We want to take a second look at that along with uh make it mesh with the UDO and we have an opportunity to republish renotice this at a later time. So do we need to if you would I'd like a a motion. We can make to remove it from tonight's agenda to remove chapter 16. Motion approved. Okay. Second. Second. All in favor? I. Thank you.

Thank you.

Thank you. Good evening, mayor, council. We are here tonight with amendments to Burlington City Code, chapters 2, 6, and 36. As Mr. Huffman stated, we are removing um chapter 16. They're still in your on the slides, but I'll just pass them. These are the same ordinance amendments that were brought to the work session on October December the 1st. We are here tonight for the public hearing. So, just to recap, um, under chapter 2 in administration, we are adding a new ordinance. Um, this will be 2-24. This gives the city council the authority to annually adopt a schedule of fees um of any nature for all departments citywide. Presently, this authority is only found in the UDO. Um, the adopted schedule of fees will be maintained in the office of the clerk of court. Under chapter 6, animals and fowl, we're amending 6-41 because there's a typo in the ordinance. So, we're just correcting that typo. We've also made a cross reference to section 6-1 to reference the new animal nuisance ordinance that's found in 22-71 16. We're skipping chapter 36. We set out amending chapter 36 in light of the new software that's being developed for the collection of parking tickets, fees, and fines. We had not looked at parking ticket fines since the 1980s. So, we just went through the entire chapter. Some ordinances contain typos, so we took the opportunity to correct those typos. Um, so just some highlights. 36-72 139.2 2, 144.1, 154, and 155. These sections currently discuss penalties for various violations found within chapter 36. We've amended both most of these penalties to state that the amount of fees and fines will

be set by the council annually on the schedule of fees instead of being stated individually in each ordinance. We did leave the fines for handicapped and fire lane violations within those ordinances because those mirror the maximum amounts allowed by state statute. 36-167 167.1 167.2 167.3 and 167.4 and 36-172. These are the new ordinances that were created to deal with the new parking fees and fines. And so I've broken it down on this slide that just shows how law enforcement is going to pick which ordinance will go on the ticket. For example, 36-167 would go on the ticket if the officer were giving a warning instead of actually doing a fine. And then 167.1 would be for the first parking ticket where they are assessing a fine. So, they're going to enter that number into the software and it will automatically pull the amount of the fine. Same thing for 167.2. This would be the second parking ticket within 12 months. They'll enter that number in the software. It automatically pulls the fine. And that's why we did it this way, breaking it down into the individual numbers. And then 36-172 was added to give the police department [clears throat] the discretion to tow a vehicle for having three unpaid parking tickets within the previous 90 days. Again, it's their discretion. They could issue another parking ticket or they could have it towed. It's they have that discretion. None of the proposed amendments have criminal penalties associated. These are all civil penalties only. Uh the proposed effective date of all the ordinance amendments are upon adoption. Uh these amendments do require a public hearing and this was properly noticed to be held tonight. Are there any questions before moving on to the public hearing?

Thank you. Thank you. Thank you. At this time, I'll open the floor for public comments. Each person will have three minutes to speak and I'll ask that you please state your name and address for the record. Um I'm just curious if you are here to make public comments on this particular um hearing. Would you just raise your hand? Okay. So no public comments um for for this hearing. Um, so [clears throat] I don't guess we need a motion to close the

We still need to move to close. Okay. I said we do need a motion to close the public hearing. Okay. Second and um we need Oh, just everybody agree with that. Thank you. I then we also need a motion to adopt the proposed amendments to city code of ordinances with the exception of chapter 16 um with an effective date of today January 6, 2026. Do we have a motion? So moved. Thank you. Second. And all in favor? I thank you.

Okay. The next public hearing, um, a public hearing has been scheduled to consider a voluntary annexation petition of 1201 and 1211 North Carolina Highway 61 South and are identified in the Guilford County Tax number PIDs 103470 and 106250. At this time, I um recognize Executive Director of Planning and Development Services, Jamie Lawson.

Good evening, mayor and members of council. Um the first public hearing that is in front of you tonight um actually also addresses the second public hearing. So the first public hearing is regarding an annexation request and then the second one uh should it be annexed addresses the assignment of a zoning designation. Um so the properties there are two properties in total of just over 13 acres. Um the properties are highlighted in um an outline uh shown on the map. Um they are located on the souththeast side of um Highway 61, south of Interstate 40 and 85. Um the owner is Kora LLP and the applicant and its representatives are in the audience. The current zoning of the property is Guilford County Highway Business. Um so it is uh currently not within the city's jurisdiction. Um but the applicant is requesting um water and utilities associated with future development for the property. Um this area is contiguous to existing city limits um to the north. Uh, and also, um, there have been several other recent annexations and resonings within this area, and I'll show those on a map in a minute. Um, this item was presented to the uh, city council at your work session in November. And tonight, um, the public hearing has been advertised for both this um, this action and the reasonzoning. And just so you have some context,

um the subject properties are highlighted with this star. Um you they are located uh west along um highway 40, Interstate and 85 and then south uh right by the service entrance um to the highway off of NC61. south. The other properties that have gone through similar requests are also shown here um highlighted in this darker tan which represents city limits, corporate city limits. So, uh included in the staff report is [snorts] um a a recommendation. Um I will ask uh mayor if you'd like to hear from the applicant to add to um supplement my presentation.

Okay. [snorts]

Thank you Jamie.

Good evening Mayor Kennet, members of council. My name is Ryan Moffett. It's my pleasure to be with you this evening representing Kora LLC. I'm a lawyer at the Vernon Law Firm. We're located across the street at 522 South Lexington Avenue here in Burlington. Um, as Jamie noted, these these are Guilford County parcel numbers 103470 and 106250. Um, and if it's okay with you all, I'd just like to go ahead and address both requests at this hearing and then we can move through hopefully favorably um, come the second hearing. Um, Kora LLC does own both parcels. Um, with me this evening representing Kora LLC are Tom Lindley Jr. and Luke Fiser. um they are principles of of the ownership entity as well as Bill O'coin who's with the commercial real estate brokerage firm of Aison Young who u Kora has been working with for some time to um market the property um which this these requests are part of that effort. Um, just to give you a little bit of background about the property and the ownership, uh, the Kora team, uh, for several months has been working with me and even longer with with Mr. Acoin to determine a way to best market this 13 acres or so for its highest and best use. Obviously, it's positioned well uh along Interstate 4085 and the very active Highway 61 intersection and have determined they've owned the property since 1990. Um they've determined now is an

opportune time to market the land and in order to do so have decided that to bring it into the city's limits to subject the property to uh the planning framework within the city's unified development ordinance is going to lead to um uh the optimal use of the property and the best development uh that that it can that it can generate. Um and of course with annexation comes the benefits of city services and utilities. Um which which is a huge plus um that that these applicants that the applicant sees um in bringing this request before you. Um as we stand today, there is no enduser. Uh there isn't an offer, there's not a contract, there's not a development for this property in the works. We're simply here to ensure that it's entitled for its highest and best use. Um the process started with me early summer. We met with staff. We did our pre-application conference. We looked at, you know, what the objectives were and the development ordinance and determined that the general business zoning to go along with the annexation, if adopted, was going to be most appropriate. Following that pre-application conference, we've remained in in close communication with planning staff and have also been in contact with adjoining and surrounding property owners. uh initially sent out letters to the 13 um folks that fall within that 300 foot buffer. Um have met with folks since then at the uh Clap Chapel AM Church. Uh Pastor Boon uh at

at Clap Chapel was very gracious in opening his doors uh to have us meet with community members and congregation members um which gave us contacts beyond that initial those initial 13 re recipients who we've also um remained in contact with updating them throughout the the process of the request. um request went the planning zoning commission in October uh received unanimous recommendation for approval. Um, and I would just on the merits point you to direct you to the staff report. Um, in particular the contiguous uses. Um, you've got the commercial use and uh the travel stop north of the interstate. Obviously, we're at an interstate intersection. We're going to be talking about some kind of commercial use. Ideally, um, you've got the industrial uses of the Rock Creek to the east and um, anticipated industrial uses to the south um and and perhaps I mean Rock Creek to the west and and [snorts] potentially um industrial to the east. Um I think it goes without saying in addition to Guilford County's um comprehensive planning of this area prior to Burlington's contemplation of of annexation, uh they've assigned this a commercial use in the future. Um, and that's exactly what we're here requesting. Um, I I can't think of a zoning designation that that would allow for a more optimal use of this land than the general business district under the city's UDO. Um, that's pretty much it in a nutshell. I'll leave it at that. Um, I'm happy to answer questions that you all may have about the request, but again, just a

pleasure to be before you all would appreciate your support of it. Thanks. Thank you. Are there any questions? You you are you have combined the public hearings for both item two and three, but you need to vote separately on the two items. So when you're asking the audience whether they can speak to either the reszoning or the uh [snorts] request for annexation I think probably in terms of water need to consider the annexation first.

Well not in the city you don't want you're not interested in the zoning are you right? But we've not actually opened public document hearing. Yeah. So go ahead. You can Well, I would just add to to Council Member Ward's point, if you're disincclined to pass the zoning, please don't vote. [laughter] Thank you. Thank you.

And I would like to say too, mayor, if I could just a second, this is a conventional reasoning. In other words, this council was considering it for the full range of uses that may be in the in the in the general business district. So unlike a conditional zone, it may be limited with conditions, but this uh the council consideration tonight would be for the full, you know, full fully, if you will, of the uses that I just mention that for the record. Everybody be aware. Thank you. Other comments or questions from council? Then at this time, I'll open the floor for public comments. Um, each person will have three minutes to speak and I'll ask that you please state your name and address for the name and address for the record. Um, so I'm going to do the same that I did [clears throat] before. Is is there anyone who would like to make public comments on the voluntary annexation petition? Well, if there are no public comments, then um I will

close close that public hearing, right? I'll motion to close. Yes. Thank you. Second. And all in favor of closing the Thank you. Okay. Um, then next we need to entertain a motion to approve or deny the annexation of 1201 and 1211 NC Highway 61 South effective at 12 a.m. motion approved. What?

We need to have the hearing for the zone like David open it up for the issue of the zoning. We had we had the public hearing on the annexation open it you know for the zoning u and then then we can close it and then do both motions but we have a motion on the floor on the annexation we have a motion and a second. So are we in favor of the annexation? Yes. I Okay, good. In essence, you join the two public hearings into one and so you can ask if anybody here now wants to speak on either one of two or three.

I don't know that we really joined them as much as Ryan presented the information. So, we did the first public hearing. It's been closed, right? We have the motion for annexation and Yeah. And now we'll have public. We just approved annexation. So number one, right?

Yeah. Okay. So we're done with annexation. Yes. Now we're going to move to the next public hearing which um was scheduled to consider a request to reszone. Reszone, not annex, reszone 1201 and 1211 NC highway 61 South. Those two ID numbers from Guilford County Highway business zoning district to the general business zoning district. So, moving from Guilford County highway business zoning to general business zoning. Do you want to speak more to that, Jamie? I'm happy to pull up on that too.

Okay, then I um recognize executive director of planning and development, Jamie Wson. Okay. So, um you've heard the background and uh just wanted to provide some colorful maps for your reference. Um and this is the the zoning designations for Guilford County. So, you can see these properties are located in uh their highway business zoning district and that is the request to change. Um, so when you reszone a property, I'm sorry, when you annex a property, [laughter] you have to then assign a zoning designation. And that is what we're uh um here for this uh public hearing on. Planning and zoning commission did recommend this unanimously. It was res it was presented to um city council at the November 17th work session as well. And um you'll find in the uh staff report in all of the different attachments reference to compliance with future land use designations. Um happy to go over them if you'd like, but staff does uh provide a recommendation. Um, in terms of this uh request, I think that I will also ask if the applicant wants to provide any supplemental information. Okay.

Do you have any questions for me? Okay. Okay. Then we'll move into public hearing on the resoning. And I'm going to ask, is there anyone who wants to make comments? That was kind of what I thought. So we will just um motion to close. We have to Yes. So a motion to close the Thank you. All in favor of closing public hearing. I thank you. Okay. So um then we also need a motion to approve or deny the resoning. And um

I'm happy to motion. [clears throat] I'll motion to approve as consistent with the land use plan. I make a motion to approve the request to reszone property from the highway business district um zoning designation to the general business district. The two parcels of land addressed as 1201 and 1211 NC highway 61. Total 13.478 acres. They are situated on the eastern side of NC Highway 61 South across from Koica Drive and south of Interstate Highway 8540. inconsistent with the Guilford tax identification numbers 103470 and 106250. This motion is based upon the consistency of the proposed resoning with the Guilford County comprehensive plan in that Guilford County revised their comp plan in 2016 to include the area under the Rock Creek area and recognize this area is identified as an employment center as development within the city. The request is compatible with the existing commercial and industrial uses in the area. This action is reasonable and in the public interest in that the Guilford County comprehensive plan calls for this area to be an employment center. The Burlington City Council has funded public water and sewer projects along NC Highway 61 corridor and adjacent areas for economic growth, including the western area wastewater master plan. area is located in close proximity to other industrial uses such as the Amitech Aerospace and Red Oak facility, Rock Creek Investments, Zinc, and BGO Logistics.

Thank you for that motion. Do we have a second? Second. All in favor? I. Thank you.

So, the reasonzoning passes. At this time, we are ready for public comments. And so, I will invite you um call on I call on you to come forward and make public comments. Um thank you all for being here. Uh if you would like to make public comments for topics not on the agenda this evening, then you have up to five minutes to make comments and our city staff will um keep time on that. Um, we did not have anyone sign up. So, if you are planning to make public comments, uh, if you would raise your hand at this time. Thank you. Um, so we don't need a motion because that's public comments.

Then we move to our city council comments. Um, we have some upcoming events and um, I can share those with you. And uh January 19th, our city administrative offices will be closed in obser observation of Martin Luther King Jr. holiday. Um the Burlington Parks and Rec will recreation and parks will host its annual MLK Day celebration at Makeo Bigalow Center at North Park on January 19th starting at 12 noon. There will be performances, guest speakers, and a community resource fair for this free event open to everyone as we celebrate the legacy of Dr. King. The next Burlington City Council meeting will be held on January 20th at 7 PM. And at this time, I will just um turn to my council, fellow council members, and see, do you have um comments you'd like to make this evening?

Mayor, I I'd like to recognize one of our own council member Jeff Smite. He was uh sworn in today as a secretary of public safety. We're extremely honored and proud uh Jeff and really we know you do an outstanding job you did here chief you did and you standard division and uh again we're just we're just glad to have you here thank you I appreciate that thank you very much thank you [snorts] comments

mayor I'll share um so February 14th is coming up which while also being Valentine's 's day is more importantly the city's birthday uh and an anniversary that I love to celebrate. Um I had a number of residents bring up that years ago we did a vow renewal ceremony to celebrate uh which I think is a wonderful way to both celebrate love for each other and love for our community. And recognizing that we now have a mayor who's a reverend would ask if you have an interest in us working with staff to to bring back some type of annual celebration around love and love for city. if council's amenable. Um I I'd love to work with staff to explore opportunities this February 14th and something that we might be able to turn into just an annual celebration.

I like it. I like that idea. Um good to and like the idea of working with city staff to make something happen and also being mindful of ways to include everyone in that celebration. Yeah. Thank you. Yeah. Thank you. I have one other item. Okay.

So, while knocking on doors this campaign season, I had a surprising kind of number one complaint for residents, and I'd like to get some more information about it. Um, residents were concerned about noisy car exhausts. Um, and not just on like our main thorough affairs like Church Street, but also on residential streets. Um, and I know this is something other cities have looked into ways to tackle this. Um, but I would love to receive some more information about what are some strategies we could use. Is this a growing concern or is this just something that people are perceiving more of kind of what's happening here because we definitely hear them throughout our city. Um, can I speak for just a second on that? Sure. Yes, please.

You're absolutely right and we've heard the same complaint uh probably at least over the course of the last year. I think that the uh the residents are reporting exactly the same thing to you that they have to us. Um the prior council amended the noise ordinance to make it uh a little bit easier for the officers to apply the noise ordinance as it relates to loud and noisy exhaust. We've also undertaken very specific training with the officers so that they know many of these things are not approved to be riding on the road as it relates to uh reg uh vehicle regulations and and equipment violations and those sorts of things. So that is an like a very active concern and something we're very consistently speaking to the officers about and they are taking immediate action on those things. Okay.

Whenever they see it. Uh I think some of the things that end up being most helpful if any, you know, of the constituents were to come directly to you, license plates. Okay.

Uh we in the in the city and through the various departments, you know, we'll just go to somebody's house and just talk to them. We would prefer to educate rather than enforce. Many of the folks think that they're doing something that just feels fun and they don't understand the impacts on others. We just assume not have to issue the ticket if they'll just fix the issue uh upfront. And so that's a very common thing for us. are happy to have those uh you know very uh reasonable conversations with people. It's uh also you'll you'll also hear it uh in neighborhoods specifically. You know if somebody with a loud vehicle is waking them at 5 to go to work, everybody in the neighborhood knows and they're not happy about it. And so that's another very common complaint. Happy to address those. But yeah uh so we do have uh you know uh stats over the course of the last year on those enforcement issues around that also. So, in addition to license plates, any other recommendations for residents as far as how should they contact BPD?

Just, you know, call 911 or the non-emergency line. But, uh, you know, the, um, the other thing that's very helpful in this space, and it's not limited to just noise issues for vehicles, is the Fix It Burlington app. That's a one-stop shop for everybody. And so, part of what's so nice for the residents is they don't have to know what department to talk to. They just identify the issue that they want resolved and somebody from the right city department will contact them back through the app or you know we often telephone or you know go meet with folks you know where they live to address those things. Okay. How about on like major corridors like Church Street? Are there things we can do as far as targeted enforcement or

Yeah. And and we do those very consistently. Absolutely. We had a a recent complaint on uh Fiser Street um near the near the Split with Church from a resident who lived in a home and uh she was tired of hearing about it. And so, you know, as a result of u voicing that complaint, of course, the officers more actively work that space as we work all the other uh complaints that come up in the city. Uh so that's the um we recognize though that uh short-term enforcement over the course of a day or two doesn't resolve the situation for the community. And so for us it's about making sure that the the staff have the opportunity to deal with those issues consistently over a long period of time.

I would encourage you to take a look if you didn't realize the noise ordinance. It's quite comprehensive now and various sections the animal control as well as code enforcement are all underneath. No, we'll stay on it. All right. Thank you, sir. Yeah, if possible, it'd be good to maybe hear a report at work session in the next six months or just to know if it's working or if there's anything we can do to support you. Appreciate it. That's all I've got. Other comments?

I'll make just a very brief comment. Um I I want to say a big thank you to the city staff. Um okay, so for two days now, you've been here until late in the evening and um even beyond that, for the past two months, um just my education alone um has been absolutely amazing. And you have made the job of mayor um much easier. uh as as I am learning what this job entails. And so I'm just very grateful for the city staff in Burlington for the work that you do that most people don't have a clue about and um just really appreciate how you serve our city and how how you help to make Burlington as great as it is. So So thank you. Um also to uh residents of Burlington who are here, thank you for coming out and for caring about what city council does. um because it takes all of us working together for us to do this well. And so uh we'll we'll continue who knows maybe we'll come up with prizes or something for the most um people who show up repeatedly. I don't know. We'll come up with something. I know somebody is sweating over there.

So I I started to say I think they're mugs or something somewhere. But seriously, I do appreciate your um engagement. This this is what makes our city great. Um so if there is nothing else, motion to adjurnn. Thank you. And we have a second. All in favor? I. All in favor? You can say that too. Thank you all. You got to hit it hard.