Mooresville Board of Commissioners

Document Sample
Mooresville Board of Commissioners Powered By Docstoc
					                                        Minutes
                          Mooresville Board of Commissioners
                                 Monday, May 4, 2009
                           6:00 p.m. – Mooresville Town Hall

Agenda Briefing
May 1, 2009 - 8:30 a.m. – Mooresville Town Hall

Present: Mayor Bill Thunberg. Commissioners Chris Carney, Frank Rader, Mac Herring, Mitch
Abraham, Thurman Houston, Miles Atkins, Town Manager Steve Husemann and Town Attorney,
Stephen P. Gambill.

Also Present: Ryan Rase, Engineering Manager; Maia Setzer, Director of Administration and
Finance; John Finan, Public Works Manager; Carl Robbins, Interim Police Chief; Wes Greene,
Fire Chief; John Vest, Public Services Director; Tim Brown, Planning Director; Jackie Moore,
Human Resource Director; Jeff Brotherton, IT Manager; Erskine Smith, Assistant Town Manager;
Brian Barnett, Budget Analyst; Heidi Ecklund, Deputy Town Clerk; Janet Pope, Town Clerk.

1. Staff was present to address any questions or concerns pertaining to the agenda.

2. Mrs. Setzer presented the Capital Improvement Plan for years 2009-10 to 2013-14.

   Commissioner Atkins left the meeting at 10:05 a.m.
   Mayor Thunberg left the meeting at 10:20 a.m.

3. Budget Workshop – Outside Agencies.

Action: A motion by Mr. Carney, seconded by Herring, to approve the following
outside agency funding recommendations and have staff provide notice to appropriate
agencies that funding will be discontinued after this budget year was unanimously
approved. Commissioner Atkins was not present.
       Diakonos, Inc. – My Sister’s House - $6,000
       Mooresville Christian Mission - $20,000
       Mooresville Rescue Squad - $15,000
       Stop Child Abuse Now (SCAN) - $6,000
       HealthReach Community Clinic – $15,000
       Information and Referral Service of Iredell - $3,300
       Iredell County Council on Aging - $26,650
       Mooresville Soup Kitchen - $10,000
       Charlotte Regional Partnership - $6,938
       Mitchell Community College - $15,000
       Mooresville Downtown Commission - $52,000
       MSI Economic Development Corporation - $100,000
       Mooresville-South Iredell Chamber of Commerce - $20,000
       Iredell Arts Council - $1,500

Commissioner Abraham adjourned the briefing at 10:35 a.m.
                                               Minutes
                                        Board of Commissioners
                                         Monday, May 4, 2009

Regular Meeting
6:00 p.m. – Mooresville Town Hall

Present: Mayor Bill Thunberg. Commissioners Chris Carney, Frank Rader, Mitch Abraham, Mac
Herring, Miles Atkins, Thurman Houston, Town Manager Steve Husemann and Town Attorney,
Stephen P. Gambill.

Also Present: Maia Setzer, Director of Administration and Finance; Tim Brown, Planning
Director; Wes Greene, Fire Chief; Carl Robbins, Interim Police Chief; Craig Culberson, Planner;
John Finan, Public Works Manager; John Vest, Public Utilities Director; Erskine Smith, Assistant
Town Manager; Mandy Edwards, Zoning Administrator; Janet Pope, Town Clerk.

Public Comment: Jamie McClure said there is a homeless man on Water Street that they have
been fighting since January. He lives in a truck and drives a van around town. She was told that a
law to remove him would be written a few months ago but that has not happened.

Myrna Reiss said she was excited about the Mazeppa Park dog park. Then she heard the dog park
was put aside. She thinks a dog park is an excellent thing to have in a community. What does she
have to do to make it a reality and move it forward?

Steve Bennett spoke about fiscal responsibility at the national, state and local levels.

Mayor Thunberg called the meeting to order at 6:16 p.m. Mr. Gambill gave the invocation. Boy
Scout Troops 169, 364 and 173 led the Pledge of Allegiance.

1. Mayor Thunberg presented a Proclamation to K-9 Manley recognizing his retirement from the
   Bureau of Alcohol Tobacco Firearms and the Town of Mooresville. (attachment)

2. Mayor Thunberg presented a Proclamation to Harrison Honeycutt recognizing his achievement
   of winning the 2009 North Carolina High School 3A State Wrestling Championship in the
   189-pound division. (attachment)

3. Mayor Thunberg presented a Proclamation to Chris Hill recognizing his achievement of
   winning the 2009 North Carolina High School 3A State Wrestling Championship in the 171-
   pound division. (attachment)

4. Mayor Thunberg presented a Proclamation proclaiming the week of May 3-9, 2009 as
   Drinking Water Week. (attachment)

5. Employee Recognition:
   Public Works Director John Finan recognized Fleet Maintenance for becoming a Blue Seal
   Certified Garage. This is the highest honor a garage can receive through the National Institute
   for Automotive Service Excellence organization.

6. Adjustments to the Agenda.

Action: A motion by Mr. Rader, seconded by Mr. Houston, to approve the Agenda
with the following adjustments and the Consent Agenda was unanimously approved.
                                                                                                 2
                                             Minutes
                                      Board of Commissioners
                                       Monday, May 4, 2009

A.   Consent Item c. – Remove from agenda
B.   Consent Item i. – Change amount of grant to $26,000
C.   Consent Item k. – Remove from agenda
D.   Agenda Item 19 – Move to consent agenda
E.   Closed Session – Add Consult with Attorney – G.S. 143-318.11(a)(3)

7. Consent Agenda Items Approved:
a. Minutes of March 24, 2009 and April 6, 2009.
b. Adjustments to the Town Tax Scroll for 2009: (attachment)
           Releases – Previous Years - $8,482.45
               Releases – 2009 – $355.89
           Additions – Previous Years - $1,372.11
               Additions – 2009 - $125,381.19
           Vehicles - $162,473.92
c. Removed from agenda: Consider a request from the Fire Department to apply for the 2009
   Assistance to Firefighters Grant (AFG) through the Department of Homeland Security in the
   amount of $160,000. If awarded, the grant will require a 10% match. Funds will be used to
   purchase a video conferencing system.
d. Approved an Agreement for Professional Services with Evans, Mechwart, Hambleton &
   Tilton, Inc. in an amount not to exceed $31,400 for the West Wilson Avenue/US 21
   Intersection Improvement Project. This project includes extending the left and right turn lanes
   on the western approach on West Wilson Avenue at US 21.
e. Accepted the following roadways and infrastructure in the Village on Park Subdivision into
   the Town of Mooresville street list for maintenance:
   1. Wren Hill Drive from West Park Avenue (NC 801) to second intersection with Ivy
       Creek Lane
   2. Ivy Creek Lane from Wren Hill Drive to end of Ivy Creek Lane
   3. Broadleaf Loop from Ivy Creek Lane (West) to Ivy Creek Lane (East)
   4. Pebble Court from Wren Hill Drive to end of Pebble Court
   The roadway and infrastructure has been constructed in accordance with the approved plans
   and the Town’s standard specifications for roadways and structures. The final punch list and
   inspection have been completed and found acceptable. (attachment)
f. Accepted the following roadways and infrastructure in the Linwood Subdivision Phase 3
   and Phase 5 into the Town of Mooresville street list for maintenance:
   1. Lacona Trace from Phase 1, Map 3 to Wayman Road
   2. Morning Sun Drive from cul-de-sac to Phase 1, Map 3
   3. Wayman Road from Morning Sun Drive to Phase 1, Map 5
   4. Golden Valley Drive from Deaton Road to end of roadway
   5. Hawleyville Lane from Pleasant Grove Lane to Golden Valley Drive
   6. Bushnell Place from cul-de-sac to Golden Valley Drive
   7. Pleasant Grove Lane from cul-de-sac to Phase 1, Map 2
   8. Heywatchis Drive from Phase 1, Map 2 to Pleasant Grove Lane
   The roadway and infrastructure has been constructed in accordance with the approved plans
   and the Town’s standard specifications for roadways and structures. The final punch list and
   inspection have been completed and found acceptable. (attachment)
g. Approved an Agreement for Professional Services with WSP-Sells in an amount not to exceed
   $51,000 for the Center Street Improvements Project. This project includes curb, gutter,
   drainage and sidewalk on East Center Street between Magnolia Street and Iredell Avenue.
                                                                                                 3
                                              Minutes
                                       Board of Commissioners
                                        Monday, May 4, 2009

h. Adopted a resolution authorizing the disposition of Fire Department property to other
   governmental agencies. The department will be donating surplus canine equipment to the City
   of Charlotte and Gaston County. (attachment)
i. Approved a request from the Fire Department to apply for a 2009 Assistance to Firefighters
   Grant (AFG) through the Department of Homeland Security in the amount of $26,000. If
   awarded, the grant will require a 10% match. Funds will be used to purchase an exhaust
   collection system for Fire Station 1. (attachment)
j. Approved a budget amendment in the amount of $75,437 recognizing a reduction in the
   allocation from Iredell County for the Mooresville Public Library and recognizes increases to
   funding by the State and Miscellaneous Revenue sources. (attachment)
k. Removed from agenda: Consider condemnation proceedings for the following:
   White Oaks Culvert Replacement project (PSNC Gas Line Relocation)
   1. Peggy R. Griffeth and Ed C. Griffeth       $50
       737 Heatherly Drive                           PIN 4666-22-8419
           Permanent Gasline Easement (PSNC) 0.006 acre (250 sf)
   2. Ed C. Griffeth and Peggy R. Griffeth           $50
       756 White Oaks Road                       PIN 4666-32-6302
           Permanent Gasline Easement (PSNC) 0.006 acre (250 sf)
   3. The Ed C. Griffeth Family Limited              $100
           And G&L Properties
       756 White Oaks Road                       PIN 4666-32-6302
           Permanent Gasline Easement (PSNC) 0.01 acre (435 sf)
l. Approved a budget amendment in the amount of $1,500,000 recognizing the sale of the
   General Obligation bonds for Recreation and Street Improvements. This funding reverses
   $6,500,000 of General Fund appropriations for Recreation and $500,000 of General Fund
   appropriations for Street Improvements approved by the Board in March and April 2009.
   (attachment)
m. Approved a budget amendment in the amount of $35,000 appropriating Federal Asset
   Forfeiture funds for the Police Department. The funds will be used to purchase a police
   vehicle and communications devices for officers which are approved uses for these funds.
   (attachment)
n. Approved the following action as required by General Statutes to voluntarily annex 18 parcels
   into the corporate limits of the Town of Mooresville:
   1. Approved the Certificate of Sufficiency for annexation petitions received for properties to
       be annexed June 30, 2009. (attachment)
   2. Adopted a Resolution calling for a public hearing to be held on June 1, 2009 to adopt
       annexation ordinances for all petitions received and certified. (attachment)
o. Approved a request from the MI-Connection Board of Directors asking that the financial
   interest computed as of June 30, 2008 be used as the financial interest at the date of purchase –
   December 19, 2007. (attachment)
p. Awarded a construction contract to Carolina Paving of Hickory, Inc. in a unit price
   amount not to exceed $123,200 for the conditioning and paving of streets. (attachment)

8. Maia Setzer, Director of Administration and Finance, presented the Financial Summary
   Report for nine months ending March 31, 2009. (attachment)

9. Town Manager Steve Husemann presented the Manager’s Report. He reported that we
   are continuing to be conservative and careful with our expenditures.
                                                                                                   4
                                              Minutes
                                       Board of Commissioners
                                        Monday, May 4, 2009

10. John Kasberger and Dave Pendleton presented an update on the financial and operating
    performance of MI-Connection. The upgrades are basically complete and subscribers are a
    high priority.

11. Continuation of a Public Hearing to amend the Conditional Use Rezoning request from
    Promenade on the Lake.

   This Public Hearing was continued at the April meeting to the May 4 meeting.

   The Town Attorney advised those presenting evidence to the Board to please remember the
   Board by law must base their decision on facts and not opinions. Consequently, the Board
   cannot consider non-expert personal opinions or hearsay testimony. Witnesses are welcome to
   present documents, photos, maps or other exhibits that are relevant to this hearing. In order for
   the Board to issue this permit, it must make four findings of fact (see attachment). Please
   remember that factual testimony must be relevant to one or more of the four findings of fact.
   While certainly important, a person’s individual feelings about such things as the project’s
   impact on schools and traffic are not matters that the Board can or should consider when
   deciding on the four findings of fact. If evidence is to be introduced to show the impact the
   project will have, factual evidence must be presented, not personal opinion. To better facilitate
   this hearing, the four findings of fact will be projected so all can remain focused on the
   decision the Board must make.

   Mayor Thunberg reopened the Public Hearing at 6:54 p.m.

Motion: A motion by Mr. Carney, seconded by Mr. Herring, to excuse Commissioner
Abraham from this Public Hearing was unanimously approved. He was not present at the
April meeting to hear testimony.

    Mr. Brown was sworn to give testimony in this matter. He presented the request.

    Bob Wilson was sworn to give testimony in this matter. Promenade on the Lake is a mixed
    use development project that includes a public marina and retail, resort and residential
    components. The developer is anxious to get started on Promenade. Obviously the current
    economy and the lack of sewer are obstacles for the resort and residential components, but the
    marina can start now. Getting started on the marina component accomplishes the following: It
    cleans up the existing site. It provides stabilization to a shoreline that is severely eroding. It
    provides immediate revitalization and repairs to the existing marina facility. It begins the
    process of designing and permitting the True Public Marina at Promenade. It provides an
    economic engine that might speed the arrival of city sewer thereby providing a magnet that
    will spur additional upscale investment along the “Mooresville Gateway Corridor”. Phase 1
    of the construction includes the revitalization of the existing marina facility and the demolition
    of B-Dock which has been completed. A new B-Dock that should be in service by the end of
    June of this year. Docks A & C will be replaced over the next two years in accordance with
    Duke Energy rules. The shoreline stabilization permit application that is currently pending at
    Duke Energy and the Federal Energy Regulatory Commission. The true public marina facility
    designing and permitting process is currently underway. The developer has signed a seven



                                                                                                    5
                                           Minutes
                                    Board of Commissioners
                                     Monday, May 4, 2009

year lease with his company which is Rowboat Dock & Dredge to occupy the 16 acre site.
Why has he done this? This facilitates the design and the construction of the waterfront
amenities that are needed at the Promenade. It also provides onsite management during Phase
1 of the Promenade construction project. That includes rental boat slips for the public. This
also assists with the financing for the developer of Phase One by providing a revenue stream
from the Rowboat operation. The developer and the Rowboat staff have worked with your
Town staff and have secured the staff’s support for this proposal.

Mayor Thunberg asked Mr. Brown if that statement was correct. Mr. Brown said it is correct.

What you will hear from the Iredell County residents who are about to speak in opposition is
that Rowboat’s presence on site will trash the property and decrease land values. Let’s see
what there is there currently now. If you go to the site what you will find is existing outside
storage of vehicles and equipment. In addition you will find dock building components, old
dock sections, cut off pilings and the type of materials that were used on this site over the past
five to seven years. If you look at the current site conditions you will find vehicles,
equipment, old boats that need to be removed and again dock materials, floats and steel.
Basically on site at Promenade today are materials and equipment to be removed and that
includes two stretch limousines, five boats, five recreational vehicles, two trams, twelve
automobiles, one mobile office trailer, four pickup trucks and numerous steel dock frames,
floats, pilings and completed dock sections and dock ramps. There is also some construction
equipment there that belongs to his company because they are currently building a marina
there. The construction equipment utilized in the current marina operations includes an
excavator, posi-track, fork lift, two cranes, a little giant and a 4210 American. Why is this
relevant? There is a significant amount of equipment currently on the site…vehicles and
materials and equipment that has been stored on that site for years. No one has complained
about what is on the site today because nobody can see it, it’s there. This shot is a picture
from a house that is for sale. He went up to see the house; he was interested in the price.
Walked up on the back porch and looked in the house. It was not occupied. He turned around
and looked at the view these folks have across the water at the Promenade site. You might
notice that none of the equipment or materials currently stored on Promenade can be seen.
This picture was taken in April before the spring foliage came out. Next is a view of the
existing marina that is currently under reconstruction and will be replaced. Similarly this
picture was taken in April. As you can see the trees in the foreground before the spring
foliage. This is an exhibit of the existing conditions on site today. It is not site specific but is
an illustration of what the site currently looks like. The view corridors from the water are
naturally screened by existing vegetative growth. The pictures previously shown were taken
in the early spring prior to foliage. The point is obvious – Tim Wilson and the other Iredell
County residents who are complaining about the views have nothing to complain about unless
of course they don’t like trees. View corridors from Highway 150 will be addressed in the
conditional use permit process. They are suggesting improvements that include an eight foot
high fence with green slats or green fabric screening, no materials being stacked above the
eight foot fence height and vegetative barriers added where necessary if it is deemed
necessary to screen outdoor storage. Mayor Thunberg asked if these were additional
conditions that he is proposing for this. Mr. Wilson said it is his understanding that these
certainly are conditions that they are suggesting but it is his understanding from the process
that these conditions would be proposed to another group that would then come back to you,
as he understands it. They are certainly in agreement with these at this time.
                                                                                                  6
                                          Minutes
                                   Board of Commissioners
                                    Monday, May 4, 2009

Mr. Brown said the Board has the ability to add reasonable conditions to the request. The
original zoning, if there is a site specific plan associated with it, the original zoning requires
that be considered by the Planning Board through the formal process. He doesn’t see this as a
site specific plan though. A site plan would trigger a formal approval process that would go
back to the Planning Board.

Mayor Thunberg asked does the applicant agree to these conditions should the Board consider
approval of the request. Mr. Wilson said absolutely.

Mr. Wilson said what is before you now is the existing view corridor from Highway 150
traveling west from Mooresville and these pictures basically go from left to right across the
top. You see the left hand corner of the building, the front of the building and then from the
right of the building where you can see the existing equipment that is stored in the back of the
building area. And the shot to the right shows a concrete pad. That is basically the existing
view corridor from Highway 150. Any other view corridors from the water side are totally
blocked by foliage. Traveling from the Lake Norman area to Mooresville along Highway 150
you pass a lot of existing uses. On the top left there is a dock builder, a dredging contractor,
an outdoor stone yard storage and a boat lift company that has outside storage. As we
continue toward Mooresville you have outdoor material sales on the left, another dock builder
on the right, a lawnmower sales and repair yard on the left and an unshaded equipment yard,
you can see the equipment in the distance. Recent articles in the local newspaper indicate that
Mooresville is promoting a Pro-Business attitude by creating initiatives to help small business.
Of roughly the 20 dock builders in the local market last year, only a handful have survived the
current recession. Rowboat is attempting to hold on and is currently hiring employees.
People are always asking when development of the Promenade site would begin. It already
has, refurbishment of the existing marina is well underway. A no vote on this proposal may
well slow the progress of this development. The Promenade project will be a major economic
engine that changes the Mooresville gateway corridor along Highway 150. You are about to
hear from a number of residents of Iredell County, not citizens of the Town of Mooresville,
that are opposed to this proposal. At your suggestion or at the suggestion of your staff, both
the developer and the Rowboat Company tried to get ourselves invited to their Homeowners
Association meeting last week and they were told they were not welcome. Tim Wilson who
will speak in a few moments indicated to them, “I plan to use whatever it takes to fight you at
every turn.” This inflammatory attitude is further revealed by an email that Tim Wilson sent
to a neighbor that you have been provided a copy of. In addition to the inflammatory
language in the email it is interesting that Tim Wilson was concerned about…..

Mayor Thunberg asked the Board to disregard that email as it is hearsay evidence.

Mr. Wilson said in addition to the inflammatory language in that email it is interesting that
Tim Wilson was concerned about his…..

Mayor Thunberg said he could not testify with regards to that email.

A primary objection to this proposal may be that the Rowboat equipment yard will be an
eyesore. Keep in mind that we have a plan to address this situation. Rowboat’s current
outdoor storage needs are being handled on a 1.5 acre parcel of land surrounded on three sides


                                                                                                 7
                                            Minutes
                                     Board of Commissioners
                                      Monday, May 4, 2009

by public roads. The rental building Rowboat is currently using provides absolutely no
screening. The Promenade site building provides significant screening and the property lends
itself well to additional screening techniques. For over four years Rowboat has worked with
Town zoning and planning staff to find an approved site to relocate its business. Town staff is
recommending this proposal currently as the best option currently available to them. The
designated storage areas on the Promenade site is approximately three acres, twice the amount
that they currently have, and can easily be concealed within the 16 acre Promenade site using
the existing vegetative growth, proposed fencing and additional vegetative barriers that they
have discussed. Another objection that you will likely hear relates to traffic concerns. You
will hear that the dock building business means there will be a dramatic increase in heavy
trucks along Highway 150. A little history here: Lumber Depot located less than a mile from
the Promenade, supplied nearly every dock builder on Lake Norman prior to its going out of
business in 2008. Highway 150 seemed to handle those traffic counts without a problem.
Lumber Depot was supplied by numerous tractor trailers and large trucks. Rowboat’s impact
will be inconsequential compared to that of Lumber Depot. Any business that relocates along
Highway 150 will add to the traffic count, that is a logical cause and effect. We are either pro
business development or we are not. Finally, for twenty-seven years Rowboat has been a
responsible corporate citizen in Mooresville. Our 45 employees enjoy a reputation of quality
customer service that has been built over those years. We look forward to the opportunity to
continue serving the Mooresville community as the resort site at the Promenade becomes the
new gateway to Mooresville and changes the landscape along the Highway 150 corridor.
Finally, the waters of the Catawba / Pee Dee hydro electric project are public waters of the
State of North Carolina. Everyone has the right to use and lawfully enjoy them. Those who
are privileged to live on the water enjoy this access from their person docks each day. Others
choose to enjoy the water by using a public marina where they can rent a boat slip. Promenade
provides this opportunity to them.

Commissioner Rader disclosed that he has been by this property three times. He met some of
the people who live out there, he took snapshots with the cell phone, disregarded the no
trespass sign and walked down Big Duke road and looked back there. In talking to the people,
the one neighbor he met Sunday, he has not formed an opinion and feels he is able to make a
decision.

Mr. Wilson said he has a seven year lease that can be renewed. What is driving the term of
that lease is really the economic conditions for the developer. If it is in his best interest at that
time to go vertical, if there is sewer available at that time for him to go vertical, he wants to do
that. That’s where he makes his money. It would be their intent if it was good for the
developer and it was good for his business and everyone was in agreement, they do have the
option to renew. It’s difficult to say what we would want to do at that time. He’s close to
retirement age seven years from now. As far as the company itself, they do have in their lease
a provision that if they don’t keep the place neat and clean and tidy that he has the option
within 30 days notice to terminate. He’s not concerned about the housekeeping aspects of the
situation. It’s really the economic situation honestly that would drive that decision. They are
currently replacing under a provision in the Duke Power ordinance that allows them to replace
existing facilities. They have three docks that they can do that with one each year so that
basically puts them out three years until those three docks that are currently in dire need of
repair are torn down and replaced. During that same three year period they will be processing


                                                                                                    8
                                          Minutes
                                   Board of Commissioners
                                    Monday, May 4, 2009

through the Federal Energy Regulatory Commission process the redesigned marina which
includes a walkway promenade all away around that point, a seawall to keep the erosion from
tearing the place up. That process of just permitting could take several years but it will be the
same three year period that they will be rebuilding those other docks. After the permit is in
place, he would think that assuming the developer continues to pay the contractor to build the
thing out; it would probably take a couple more years to finally build the total marina. He
thinks within five to six years it should be totally built and operational. It’s several hundred
boat slips. It will be a very nice public facility for the community. He does not know how
they can build that facility; you can’t build a facility like the Promenade inside a building.
He’s talking about boardwalks, excavators, cranes, dock materials. They have a lot to do.
You can’t build this facility inside a building. For his company to relocate to a place that they
had to keep everything under a building because of the resort nature of the building that you
would require them to build with the architectural guidelines, it would be a temporary structure
that would be torn down in five or six years when they relocate their business when their lease
is up and they go to another location or he retires. When they leave that site, whatever capital
was built to make this huge building so they could keep dock components, lumber and things
of that nature inside, all of that would have to be torn down. So the numbers would not work.
This is a temporary use that is identical to the use that you folks are permitting on that site
today with whatever ordinance you’ve got about whatever it is that they’re doing with outside
storage. There is equipment being stored there today, there’s dock material being stored there
today, there’s floats being stored there today and who knows what all that other stuff is. The
developer intends to take all of that out of there. All they are asking is a temporary use during
the term of this lease to allow his company to relocate to a place that makes sense for his
business so that he can continue business at the same time that they are managing this project
for the developer.

Commissioner Carney said during the presentation Mr. Wilson had insinuated, if not flat out
said, that Mr. Brown’s staff is behind this. Mr. Brown said that is not a correct statement.
They have offered objective support in terms of how to address or mitigate effectively the
issues and concerns that they would do for any applicant for any rezoning or conditional use
amendment. Beyond that they have not issued any formal support of the project.

Mr. Wilson: That is correct and I apologize if I misrepresented….

The meeting recessed for nine minutes.

Robby Johnson was sworn to give testimony in this matter.

Dean Brunson was sworn to give testimony in this matter. He is the applicant’s attorney and is
with Griffin, Brunson and Wood in Charlotte.

Mayor Thunberg asked Mr. Johnson if he agreed to the following conditions:
1. Eight foot high fences with green slats or green fabric screening will be used.
   Mr. Johnson agreed.
2. No materials will be stacked above the eight foot fence height. Mr. Johnson agreed.
3. Vegetative barriers will be added where necessary to screen outdoor storage.
   Mr. Johnson agreed.


                                                                                               9
                                           Minutes
                                    Board of Commissioners
                                     Monday, May 4, 2009

Mr. Brown pointed out one condition. There may be specific material requirements for 8-foot
high screens in the Zoning Ordinance. He would add or otherwise required by the Town
Zoning Ordinance. Mr. Johnson agreed.

Tim Wilson was sworn to give testimony in this matter. He thanked the Board for having the
foresight and good judgment to strike the usage of metal products fabrication and outdoor
storage from the original rezoning. You did your due diligence while understanding in his
opinion that these two usages could open up a Pandora’s Box. This is a 16-acre Promenade
site and it’s right dead in the middle of $152 million worth of high-end recreational lakefront
homes. These appraised values and tax values are presented on Exhibit A that you all have. If
this site has an industrial usage their property values would be staggeringly depreciated. He is
submitting last month’s minutes as Exhibit B. That is showing Bob Wilson’s testimony; he’s
the owner of Rowboat Dock & Dredge. He said in the minutes they are vacating the property
at Exit 33. This particular site is designed correctly for them. They are looking at Promenade
because the office is in the front of the property. Their material storage facility will be behind
the building in a depressed area. He repeated, he’s gonna put it in a depressed area. Per this
testimony he must conclude that Rowboat Dock & Dredge plans to occupy the Promenade site
so he is submitting Exhibit C which you guys have which is evidence on how they are
screening their existing site and how they screen their existing equipment. He has been in the
engineering development business for over 34 years and there’s two things that he always sees
wherever he is working. First, if you want to make a wrong into a right you do it with the
zoning. The power is always in the zoning. You guys have power and tonight is their last line
in the sand. They are not asking you to correct a wrong; all they are asking you to do is stand
behind your right decision that you’ve already made. No outdoor storage, no metal
fabrication. Second thing that always is the same wherever he has worked is once a large
industry gets a certificate of occupancy, the regulatory power is reduced exponentially. All
approvals and promises they are very hard to enforce at that time. No one wants to pull the
power meter on a large industrial (inaudible). Promises made before electricity often do not
get enforced after electricity. He gave an example: we’re gonna hide this 50-foot crane
behind this tree and we’re gonna hide this bulldozer over here in this hole, in this low area
over here in the back of the site. And we’re gonna take these dredge loaders, dredge barges,
tractor trailers, low boy trailers, tandem dump trucks, storage trailers, 50-ton track loaders and
an acre-and-a-half worth of raw materials and we’re gonna hide them behind some natural
screening. Those promises will never ever happen after occupancy. He can guarantee it.

Ed Gildreath was sworn to give testimony in this matter. He is a next door neighbor to Tim
Wilson. He is an active person in this subdivision. He is a general contractor by trade and has
been doing it since ’59 so he’s built a few projects. He has always worked with the zoning
departments and that’s the first thing he checks in a project location to make sure whatever he
is going to do abides by the rules that are tentative at that time. He doesn’t try to go for zoning
changes; he tries to work with what exists presently. He doesn’t believe this project belongs
here. The total project is a beautiful project. He is not opposed to it; he is just opposed to
having an industrial project put into the neighborhood. It is an industrial location that’s being
built. If you allow this to happen, it will be an industrial site. It doesn’t belong there. And
that’s just how he feels.

Greg English was sworn to give testimony in this matter. He is a property owner at Pinnacle


                                                                                                10
                                          Minutes
                                   Board of Commissioners
                                    Monday, May 4, 2009

Shores. He thinks you got it right the first time in ’06. Striking the storage and the metal
fabrication he thinks was a smart move. He will say that until this process started the property
owners that are here tonight they had no idea about the storage issue. They do now appreciate
the heads up. From the perspective of this being good for the homeowners and with all
respect, Bob is a great guy, built everything at his house. If he had a project at his house
tomorrow, he would do the building. And see no reason that they shouldn’t be the ones
improving the property. It needs to be improved. He thinks Bob just said a few minutes ago
these docks that they are building…the stuff that’s there is junk. But what he’s gonna be
doing is temporary. But if Promenade on the Lake ever becomes a reality, the docks that they
are putting in there now are not going to be the docks that are going to be at Promenade on the
Lake. He just said that. There will be other…that stuff will have to go. What we’re doing
now is not anything that has to do with Promenade. It’s not the first phase. It’s the first phase
of Rowboat Dock & Dredge setting up a commercial industrial complex and a building unit in
our backyards. Until the last meeting he thinks there were at least…there was at least one
meeting from the minutes he saw in March that the Rowboat folks were here. There was no
mention of Rowboat until he and Tim showed up at the last meeting. He thinks you guys said
it yourself. Well this is the first time we’ve ever heard of Rowboat. These add backs seem to
be fairly innocuous if you will. Doesn’t sound like much: storage and metal fabrication.
When you lay over Rowboat Dock & Dredge being in our backyards, he thinks it becomes an
issue. It becomes an issue of property value and he will with all due respect differ with Mr.
Wilson having heavy trucks and equipment on a 55 mph…where he’s talking about at the
lumber yard, it’s a 45 mph operation at that point. And there is a turn lane. Where we live,
it’s 55 mph and there is no turn lane. To have heavy trucks and equipment going in and out of
that parcel of land he thinks does pose a danger to the folks on the road and to…and as far as
the property values are concerned he thinks it does devalue the property values of the folks in
Pinnacle Shores having commercial industrial construction outfit in their backyard.

Dick Dyer was sworn to give testimony in this matter. All he wants to do is rebut a couple of
things that Mr. Wilson said. If you take a look at planning and zoning, the intent is a forward
thinking issue not a past issue. In other words, the things that he showed you – the photos that
he took of 150 – that’s the past. Those things were there when we moved here; those things
were businesses for the most part that were built a long time ago. They aren’t necessarily
relevant to where we want to go with 150 in the future. He thinks you have already told him
from some of the things that you’ve said tonight that you already recognize that. This is not an
issue about what is down the street that might have been there 20 years ago. It’s an issue of
what we want 150 to be 10 years, 20 years, 30 years from now. And when he talks about
Rowboat doing work on site, that’s an entirely different issue and he thinks you also addressed
that, from him building his business in the middle of that site. He talked about things that
were onsite. We all know that we’re there, but we all got a presentation on Promenade. We
were all told that this is what was going to happen in the future. We were all told about the
hotel and all the other things that were coming. We were all willing to wait for those other
things to disappear while we waited for Promenade to develop. It doesn’t mean we were
happy with it. It doesn’t mean that we accepted it or liked it, but it meant that we thought and
knew that something was going to happen to change it. And now to have it thrown back to us
as effectively us ignoring it and those things all being just to find a continuance of the same
thing tomorrow and next year and ten years from now. All he can say is think back to the
reasons that you initially turned this down. They’re no different, they haven’t changed. The


                                                                                               11
                                           Minutes
                                    Board of Commissioners
                                     Monday, May 4, 2009

fact that he is here and he’s doing something onsite has no relevance to this. The real issue is
why did you turn it down the first time, why is it still relevant today, why is it going to be
relevant ten years from now and what do you want 150 to look like. He hesitates to say, but
every time he reads about zoning at one of the other exits on 77, the illustration that they all
use is 150. They all point to 150 as the example of what not to do. We have a chance; you
have a chance to really begin to change that and to make 150 something entirely different. He
doesn’t think you probably look with pride on those newspaper comments about 150 and the
zoning issues that they’re saying are what they don’t want to do.

JD Cline was sworn to give testimony in this matter. He is a homeowner in Pinnacle Shores.
He has owned and managed industrial operations in three countries and Robeson County and
Cabarrus County. He owns four residences in this county, two in the city for which he pays
taxes. The sites that he has had in El Salvador, Mexico, Robeson County, and Cabarrus
County have many of the same elements that this industry would have if you move it in there.
They had chemical storage tanks, they had gasoline tanks, they had heavy equipment, they had
welding, they had assembly and he wants to tell you something. You can’t have those things
behind an eight foot wall. You can’t hide them behind a twenty foot wall. You can’t stop the
noise, the dust, the pollution, possible contamination to the lake, possible contamination to the
water table. He doesn’t care how high you make a fence, gentlemen that would be an
industrial site. It doesn’t fit that area. He will go back to your own requirements. He would
state to you that in that environment it will endanger the health and safety of the public. It will
not meet the conditions and specifications that you earlier approved in your zoning plan. This
is probably the wrong thing for him to say, but if he were you he would be embarrassed about
what he was asked to approve before and what’s being presented to him now. It’s not the
same thing. He doesn’t think you should be held to a decision where you didn’t have the
information that you held before. He thinks that whole decision, if you’re true to yourself and
true to your people that you represent, should be reconsidered. That’s not what you approved.
It needs to be looked at again from the very beginning. There’s no doubt in anybody’s mind
and with the property he owns, he feels not necessarily expert or prepared to make this
statement, it will endanger the values of the surrounding property. Cannot help but do that.
Would you want it 100 feet from your yard?

Mr. Johnson: When we did this two or three years ago for the rezoning, I don’t think the
Board asked us to strike anything. I think we struck those items ourselves, made those
decisions our self and presented them to the Board.

Mr. Brown: That is correct, however, that was done with the guidance of staff, at the direction
of staff, in looking at potential uses that were appropriate for the site.

Mr. Wilson: There is a clause in our lease for a short termination. The developer has realized
that if the economic possibility of this site proves viable in the nearer term than seven years,
there is a provision, a buyout clause in our lease, at his option that he can terminate our lease
early and do what he is trying to do which is put a resort property on this site. The developer
did at his own volition strike the two areas about outside storage and metal fabrication that he
is now asking the Town Board to let him put back in as a use back in his property. He did this
voluntarily and all he’s asking, as I understand it, that he’s asking you to let him put that back
in. Mr. English mentioned that the docks that are going to be built are only temporary. That’s


                                                                                                12
                                              Minutes
                                       Board of Commissioners
                                        Monday, May 4, 2009

   not true. The docks that we are now rebuilding will be part of the final marina that is being
   designed by our company at this time so the work we are doing right now is part of the phase
   one construction of what will ultimately be at the Promenade. These docks that we are doing
   now will become part of the final design. The last gentleman talking about chemical storage
   and gasoline storage and noise and dust and contamination; I don’t know what kind of
   business the gentleman was in, but he doesn’t know anything about what we do. We don’t do
   those things. I think, personally, that if there is a way that the Town can give the developer the
   right to have a dock and dredge company located on that property with appropriate screening
   and a temporary use under a temporary lease for a given period of time so that my company
   can move off of the site that we’ve been trying to move off of for so many years. I think it’s a
   fair thing to do. I think it’s fair to the developer. I think it’s fair to the Town and if there’s a
   way that you can do that on a temporary basis I would urge you to do that.

   Mr. Johnson: Someone just asked about the vertical drop from 150 down to the site. I verified
   that and it’s approximately 26 feet.

   Mr. Brown: Two points of clarification: First of all, our zoning ordinance recognizes
   temporary uses as those in 30 days in duration. You would really have to treat this as a
   permanent use. You’d have to look at that in that manner. The fact of the matter is it extends
   beyond 30 days. Secondly, renovating the existing legally nonconforming docks as a part of
   getting a temporary revenue stream from this portion of the property… Duke will allow that to
   occur, however, if the ultimate plan for the public marina is to be fulfilled, it would require a
   completely new permitting process and ultimately those structures would have to be
   demolished because they are legally nonconforming.

   Mr. Brown read the Planning Board recommendation. At the March 12, 2009 Planning Board
   meeting the Board adopted an amendment Statement of Reasonableness and Compliance and
   recommended approval of this Conditional Use Rezoning with a vote of six in favor and one
   opposed. The Planning Board recommends striking the mobile home repair portion of Item R.

   Mayor Thunberg closed the Public Hearing at 8:07 p.m.

   The Board will consider the amendment to the Conditional Use Rezoning at the June 1
   meeting. (attachment)


12. Mayor Thunberg presented a Proclamation declaring May 3-9, 2009 as Municipal Clerks
    Week. (attachment)


13. Public Hearing to consider an Establishment of Zoning request from the Planning
    Department.

   Mayor Thunberg opened the Public Hearing at 8:12 p.m.
   Mr. Brown presented the request.

   John Liburdi lives at 129 Water Oak Drive behind the lot being considered for rezoning. The


                                                                                                    13
                                             Minutes
                                      Board of Commissioners
                                       Monday, May 4, 2009

   intended use is an unmanned, automated carwash. He said a carwash traditionally makes a
   tremendous amount of noise. The owner is spending extra money for quieter, high-tech
   equipment and his building design is beautiful but the noise buffer is skimpy. If the
   commissioners do rezone the lot, he requests that there be a condition in the rezoning
   document itself that specifically states that the carwash building exit and blow dryers must
   permanently face River Highway.

   Mike (inaudible) is the owner. He said he has spent a lot of time working with John and
   the community to establish a buffer. He turned the carwash around so the noise area is on 150
   and all the noise is projected towards that street. Across the street from his proposed carwash
   is a NAPA automotive center. He is adjacent to the Byers Creek. He has used the exact same
   materials as Byers Creek on the carwash. It’s unlike any other one. All the materials are high
   tech. He purchased the lot because there was a need in that area and he hopes the people in
   Water Oak and the people in that area have a place to use his carwash. He thinks it’s the best
   looking carwash in the state.

   Mayor Thunberg closed the Public Hearing at 8:38 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Carney, to approve the Statement of
Reasonableness as amended and the establishment of R-2 zoning subject to staff
recommendations was unanimously approved. The property located at 872 River Highway
is further referenced by Iredell County Tax PIN 4637-78-9654. The property was rezoned
from RA (Residential Agricultural-Iredell County) to R2 (Single Family Residential-2 –
Town of Mooresville). (attachment)


14. Continuation of a Public Hearing – Brawley School Road Small Area Plan.

   Mayor Thunberg reopened the Public Hearing at 8:41 p.m.
   Mr. Brown presented the request.

   Gary Dancy is a resident of Sunfish Drive. As part of this proposal and what he thinks you are
   planning to do…up in front of Sunfish is to go office where the new interchange is going to
   be?

   Jim King, Senior Planner, said after many consultations with property owners along Sunfish, it
   was brought to their attention that there are restrictive covenants. They did change it from
   office back to residential. In the text if the neighborhood should sell as a whole and get
   rezoned, they did make a recommendation to become office at that time. Until that time as
   long as the homeowner’s association is in standing it will remain residential.

   Mayor Thunberg closed the Public Hearing at 8:45 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Herring, to approve the Brawley School
Road Small Area Plan subject to staff recommendations was unanimously approved.
(attachment)



                                                                                                  14
                                             Minutes
                                      Board of Commissioners
                                       Monday, May 4, 2009



15. Public Hearing – Downtown Master Plan.

   Mayor Thunberg opened the Public Hearing at 8:47 p.m.
   Mr. Brown presented the request.

   Kim Atkins with the Downtown Commission thanked the Town for their support of
   downtown and working with Sottile & Sottile and the Planning Department. She proposed
   and volunteered that the Downtown Commission work closely with the Town of
   Mooresville on implementing the steps of this plan.

   Commissioner Carney would like to see the Downtown Commission and staff come back
   with a phased idea of what to address immediately.

   Rhett Dusenbury said if you’re going to go to the extent of implementing the plan, enforcing
   the new applications to be consistent with the plan, you also have to hold folks accountable
   in regards to eyesore enforcement.

   Yvonne Hart lives in the mill village. It is very exciting for all of them who have worked
   so hard to revitalize the mill village to find the mill village in this Master Plan. The mill
   village is very dense residential and that is where in the future the kind of people who want to
   walk to downtown will live. They are the neighborhood that can provide a large amount of
   customers for downtown but they need to work in harmony with downtown, the master plan
   and the Town of Mooresville.

   Mayor Thunberg closed the Public Hearing at 9:07 p.m.

Action: A motion by Mr. Atkins, seconded by Mr. Herring, to approve the Downtown
Master Plan subject to staff recommendations was unanimously approved. (attachment)


16. Public Hearing to consider Text Amendments to the Mooresville Zoning Ordinance.

   Mayor Thunberg opened the Public Hearing at 9:08 p.m.
   Mrs. Edwards presented the requests. There was no public comment.

   TA-2009-07     Section 5.2, Use Classifications and Section 13, Definitions

   TA-2009-11     Table 3.4.2 Building Height with Conditional Use Permits, Notes (8)

   TA-2009-12     Section 4.4 Mixed Use Overlay District, 4.4.3 Relationship to Other
                  Regulations (2) and (3), and 4.4.4 Standards (6)(A)

   Mayor Thunberg closed the Public Hearing at 9:22 p.m.

Action: A motion by Mr. Houston, seconded by Mr. Atkins, to approve the Statement of
Reasonableness and the following Text Amendment to the Mooresville Zoning Ordinance
subject to staff recommendations was unanimously approved.
                                                                                                  15
                                            Minutes
                                     Board of Commissioners
                                      Monday, May 4, 2009

TA-2009-07 Section 5.2, Use Classifications and Section 13, Definitions. The approved text
amendment will remove tattoo parlor or body piercing establishments from the Retail III
definition and classification. (attachment)

Action: A motion by Mr. Abraham, seconded by Mr. Houston, to approve the Statement of
Reasonableness and the following Text Amendment to the Mooresville Zoning Ordinance
subject to staff recommendations was unanimously approved.
TA-2009-11 Table 3.4.2 Building Height with Conditional Use Permits, Notes (8). The
approved text amendment will allow for increasing the maximum building subject to a
Conditional Use Permit. (attachment)

Action: A motion by Mr. Carney, seconded by Mr. Abraham, to approve the Statement of
Reasonableness and the following Text Amendment to the Mooresville Zoning Ordinance
subject to staff recommendations was unanimously approved.
TA-2009-12 Section 4.4 Mixed Use Overlay District, 4.4.3 Relationship to Other
Regulations (2) and (3), and 4.4.4 Standards (6)(A). The approved amendment will clarify
that office uses are allowed within the Mixed Use Overlay so long as they maintain the
residential character of the property. Staff to research hours of operation in Mixed Use
Overlay District. (attachment)

The meeting recessed for eleven minutes.

17. Waiver of Fees for Mooresville Graded School District.

Action: A motion by Mr. Atkins, seconded by Mr. Carney, to continue this agenda item to
the June 1 Board meeting was unanimously approved. (attachment)


18. Continuation of a Presentation – CATS 83X Commuter Bus.

   This Presentation was continued at the April 20 meeting to the May 4 meeting.

   The Charlotte Area Transit Service (CATS) has provided commuter bus service through
   ongoing contractual agreements with the Town of Mooresville for the residents of
   Mooresville and southern Iredell County to uptown Charlotte. While CATS substantially
   funds this service, the Town of Mooresville will be responsible for $85,020 ($7,085
   monthly) to continue the bus service to this area for FY 2010. Neill Burke, Transportation
   Planner, presented ridership statistics and potential funding strategies.

   Denise Cole rides the bus and is really opposed to a fare increase. The Board needs to keep
   supporting the 83 Express.

   Mary Colucci has been riding the bus for a year. She sees an increase in riders and can’t see
   taking the bus away.

   Greg Ashley works for CATS in technology. He said there is something CATS is working
   on that would use developers somehow funding money for the rail to come up here. He
   would like to see Mooresville fund it.
                                                                                                   16
                                             Minutes
                                      Board of Commissioners
                                       Monday, May 4, 2009

Action: A motion by Mr. Atkins, seconded Mr. Herring, to fund the CATS 83X Commuter
Bus for a period of six months was approved with Commissioners Atkins, Herring, Carney,
Houston and Abraham voting for the motion and Commissioner Rader voting against the
motion. (attachment)


19. Award of Contract – Carolina Paving of Hickory, Inc.

   Moved to consent agenda.


20. Amendment 1 – Black & Veatch International Company.

    Consider Amendment 1 to the Agreement for Engineering Services with Black &
    Veatch International Company in the amount of $198,000 for redesign and permit
    modification. This will increase the contract amount from $1,479,053 to $1,677,053.

    The original contract was awarded in August 2008 for bid and construction phase services
    for the Presbyterian Road Pump Station, Gravity outfall and Force Main Pipeline Projects.
    The contract only included the bid and construction phase services for the Presbyterian
    Road Pump Station and Pipeline construction contracts. Engineering Services included
    resident inspection, construction administration, third party material testing, shop drawing
    review and other associated tasks.

Action: A motion by Mr. Rader, seconded by Mr. Abraham, to approve Amendment 1 to the
Agreement for Engineering Services with Black & Veatch International Company in the
amount of $198,000 was unanimously approved.


21. New Business

   No new business.


22. Closed Session - G.S. 143-318.11
    A. Consult with Attorney – G.S. 143-318.11(a)(3)
    B. Personnel – G.S. 143-318.11(a)(6)

Action: A motion made by Mr. Rader, seconded by Mr. Herring, to go into closed session
for to discuss personnel and consult with attorney was unanimously approved.


MINUTES FOR THE CLOSED SESSION HAVE BEEN RECORDED AND SEALED UNTIL
PUBLIC INSPECTION WILL NO LONGER FRUSTRATE THE PURPOSE OF THE CLOSED
SESSION.




                                                                                                   17
                                           Minutes
                                    Board of Commissioners
                                     Monday, May 4, 2009



25. Following the closed session, the Board returned to open session.


Action: A motion made by Mr. Abraham, seconded by Mr. Herring, to adjourn the meeting
was unanimously approved.


The meeting was adjourned at 11:25 p.m.




Janet Pope                                          Bill Thunberg
Town Clerk                                          Mayor




                                                                                   18

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:10
posted:3/9/2012
language:English
pages:18