Mooresville Board of Commissioners by 8ae1Pwz

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									                                     Minutes
                        Mooresville Board of Commissioners
                             Tuesday, January 2, 2007
                         6:00 p.m. – Mooresville Town Hall

Agenda Briefing
Friday, December 29, 2006 - 8:30 a.m. – Mooresville Town Hall

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

Absent: Commissioner Danny Beaver

Also Present: Maia Setzer, Director of Administration and Finance; Tim Brown, Planning
Director; Erskine Smith, Assistant Town Manager; Tonia Wimberly, Engineering Division
Supervisor; Frankie White, Public Works Director; Jeff Brotherton, IT Manager; Carl
Robbins, Police Department; Jeff Baker, Fire Department; Wanda McKenzie, Director of
Parks and Recreation; Janet Pope, Town Clerk.

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

1. Consider a request from Police Chief John Crone to award the police officer badge and
   service side arm to Officer James McLean upon his retirement. A permit required by G.S.
   14-402 et seq. or 14-409.1 et seq. has been acquired.

Action: A motion by Commissioner Herring, seconded by Commissioner Rader, to
award the police officer badge and service side arm to Officer James McLean was
unanimously approved. (attachment included)

Mayor Thunberg adjourned the briefing at 10:00 a.m.

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

Present: Mayor Bill Thunberg. Commissioners Frank Rader, Mac Herring, Chris Carney,
Danny Beaver, Thurman Houston, Mitch Abraham, Town Manager Jamie Justice and Town
Attorney Stephen P. Gambill.

Also Present: Erskine Smith, Assistant Town Manager; Craig Culberson, Planner; Maia
Setzer, Director of Finance and Administration; John Crone, Police Chief; John Pritchard,
Library Director; Tim Brown, Planning Director; Wes Greene, Fire Chief; Tonia Wimberly,
Engineering Division Supervisor; Wanda McKenzie, Director of Parks and Recreation; Janet
Pope, Town Clerk.

Public Comment: Mickey Pettus is with the Board of Directors of the Mooresville Soup
Kitchen. They currently serve on a daily basis 80 to 120 of the community. They’ve been in
operation over 20 years at the First Baptist Church. Before this year is over they are going to
have to find a new home. He is asking for three things. First, he is asking for our prayers for
this community service. Second, the only way they fund activity is through donations, grants
                                          Minutes
                                   Board of Commissioners
                                   Tuesday, January 2, 2007

and gifts that are given to the soup kitchen. They have located space and are working with the
seller to up-fit the building. They are looking at a budget of around $600,000 to acquire the
new space, to up-fit and begin operations. He would appreciate any consideration in regards
to a grant.

Mayor Thunberg opened the meeting at 6:06 p.m. Rev. Robert Jackson of Peninsula Baptist
Church gave the invocation. Mayor Thunberg led the Pledge of Allegiance.

1. Employee Recognition:
     Engineering - Matt Wallace, New Employee
     Fire Department – Life Saving Commendations
         Jeff Styers          Ryan Stutts
         Kelly Clontz         Neel Brawley
         Jason Blackwell      Heath McCormick
         Corey Wilkinson      Nicky James

2. Mayor Thunberg and Police Chief John Crone presented the officer’s badge and service
   side arm to retiring Police Officer James McLean.

3. Library Director John Pritchard presented calendars to the Board that included a picture of
   the Mooresville Public Library.

4. Adjustments to the Agenda.

Action: A motion by Mr. Herring, seconded by Mr. Houston, to approve the Agenda
with the following adjustments and the Consent Agenda was unanimously approved.
A. Consent Item (f) – Remove from agenda (approved at agenda briefing)
B. Closed Session – Add Economic Development

5. Consent Agenda Items Approved:

a. Minutes from the Town Board meeting of December 4, 2006.
b. Adjustments to the Town Tax Scroll for 2006. (attachment included)
           Releases – 2006 - $34,597.70
       Additions – Previous Years - $291.01
           Additions – 2006 - $9,898.73
       Vehicles - $137,795.98
c. Authorized the Director of Parks and Recreation to file an application for a PARTF (Parks
   & Recreation Trust Fund) grant for the Mazeppa Road Park in the amount of $500,000.
   The grant is a 50/50 match.
d. Accepted the following roadways and infrastructure in Deerfield Park into the Town of
   Mooresville street list for maintenance: (attachment included)
   1. A portion of Cedar Pointe Drive (approximately 380 linear feet) from end of pavement
       to Cayuga Drive
   2. Cayuga Drive from cul-de-sac to end of pavement (approximately 1,700 linear feet)
   The roadways and infrastructure have been constructed in accordance with the approved
   plans and the Town’s standard specifications for roadways and structures. The final
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                                             Minutes
                                      Board of Commissioners
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     punch list and inspection have been completed and found acceptable. A one-year
     warranty will apply for workmanship and non-routine maintenance.
e.   Approved an Interlocal Agreement between the City of Monroe, the Town of Midland and
     the Town of Mooresville setting out the intent of the parties to engage in a joint project to
     operate a natural gas transmission pipeline in Union, Cabarrus, and southern Iredell
     counties for the benefit of existing and future natural gas utility customers in these
     counties. This Interlocal Agreement does not change or affect the terms of the Interlocal
     Agreement between the City of Monroe and the Town of Mooresville; instead, it
     formalizes the intent of these three municipalities to join together to operate a natural gas
     transmission pipeline as set out in each municipalities’ respective agreements.
     (attachment included)
f.   Approved at agenda briefing: Consider a request from Police Chief John Crone to award
     the police officer badge and service side arm to Officer James McLean upon his
     retirement. A permit required by G.S. 14-402 et seq. or 14-409.1 et seq. has been
     acquired.
g.   Approved a request from the Mooresville Community Alliance to reserve the Merchant
     Room, Cedar Room, Peddler Room and Kitchen #2 at The Charles Mack Citizen Center
     on January 15, 2007 from 7:00 a.m. until 10:00 a.m. for the annual Dr. Martin Luther
     King, Jr. Celebration Breakfast and waive all fees. (attachment included)
h.   Amended Section 9, subpart 2.J. of the Town of Mooresville Services Policy Manual
     adopted October 2, 1995 to read as follows:
     The Recreation Department Director or his/her designee shall have the authority to
     suspend, discharge, or otherwise discipline any player, coach, manager, umpire, spectator
     or other person whose conduct is in violation of the Rules of the Recreation Department
     and is considered detrimental to the best interest of the Athletic Program. Persons subject
     to such discipline shall have the right to a hearing before the Recreation Advisory Board
     before such discipline shall have the right to a hearing before the Recreation Advisory
     Board before such discipline is imposed. In the event of disciplinary procedures involving
     a player or other person under the age of 18, that person’s parents shall be invited to
     attend the hearing with their child.
     Penalties which may be imposed include the following:
     Warning: The offending person is to will be advised, in writing, of the offense and further
     advised that repetition of the offense will may result in a more severe penalty.
     Suspension: The offending person is to will be advised in writing that he or she has been
     suspended from all league activity for a specific number of games or days.
     Dismissal: The offending person is to will be advised in writing that he or she has been
     dismissed from the league for the remainder of the current year.
     Barred: The offending person is to will be advised in writing that he or she has been
     barred from present and future participation in the program either permanently, or for a
     specific number of years time period.
     If necessary to maintain order at any event being held by or at a facility under the control
     of the Director of the Recreation Department, such Director or his/her designee is given
     the authority to ask a person to leave a facility or event or not to enter a facility or event,
     and in the event such person does not heed such request, such person may be treated as a
     trespasser for purposes of North Carolina General Statutes § 14-159.12 (First degree
     trespassing) and § 14-159.13 (Second degree trespassing).
     The changes were approved by the Recreation Advisory Board.
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                                            Minutes
                                     Board of Commissioners
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   i. Approved a budget amendment and accepted with gratitude a donation from Williamson’s
      Chapel United Methodist Church in the amount of $1,967. The donation will be used to
      purchase a utility storage building for the Winnie Hooper Center. (attachment included)
   j. Rescinded the Board’s action (see Rule 18, Motion 16, of the Board’s Rules of Procedure)
      at its November 6, 2006, meeting (Agenda Item 3.(m)) adopting an ordinance amending
      Chapter 22 “Taxicabs” of the Code of Ordinances of the Town of Mooresville. Upon
      rescission, adopted an ordinance amending Chapter 22 “Taxicabs” of the Code of
      Ordinances of the Town of Mooresville. This rescission is necessary to make a technical
      correction in the ability to use a national criminal history background check and the use of
      FBI records in conducting a background investigation. The date was corrected.
      (attachment included)
k. Adopted a resolution authorizing funding and/or staff participation in the Charlotte region
      HOV/HOT Managed Lanes Feasibility Study in an amount not to exceed $2,500 and
      authorized the Town Manager to enter into a multi party agreement with the study
      partners. The funds will be allocated from the Planning Budget. (attachment included)
 l. Approved a budget amendment that moves the Downtown Commission and Travel and
      Tourism appropriations to agency funds rather than budgeting these items in the General
      Fund. (attachment included)
m. Approved a budget amendment and accepted with gratitude a donation in the amount of
      $16,000 from the Irwin Belk Trust Fund for the purchase of a piece of sculpture for the
      Mooresville Public Library. (attachment included)
n. Approved condemnation proceedings for the following:
      1. 42-inch Rocky River Sewer Outfall
           Jimmy and Geraldine Sherrill       Permanent Utility Easement              0.547 acre
                                              Temporary Construction Easement 0.288 acre
                                              $18,525
           William and Patti Jones            Permanent Utility Easement              0.567 acre
                                              Temporary Construction Easement 0.298 acre
                                              $11,850
      2. Caldwell Avenue Emergency Aerial Sewer Relocation
           Michael and Diane Beaty            Permanent Utility Easement              0.108 acre
                                              Temporary Construction Easement 0.032 acre
                                              $5,100
           Thomas Wilson and                  Permanent Utility Easement              0.143 acre
           Michael Heinen                     Temporary Construction Easement 0.114 acre
                                              $2,000
  o. Approved the following requests for water and sewer utility service. A voluntary
      annexation petition will have to be filed in accordance with the Town of Mooresville
      Utility Extension Policy. The petitions will be considered in June 2007. Double rates will
      apply until annexation.
      1. Morrison Plantation, LLC, Katheryn Lawing and William and Sarah Lawing
           Property located on Harding Place and Lineberger Drive (20.89 acres). The developer
           will be financially responsible for extending the utilities to the property. Water and
           sewer are available in Morrison Plantation. (attachment included)




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                                           Minutes
                                    Board of Commissioners
                                    Tuesday, January 2, 2007

   2. The Crown Companies, LLC
       Property located at the intersection of River Highway and Ervin Road (4.85 acres).
       The developer will be financially responsible for extending the utilities to the property.
       Water and sewer are available adjacent to the property. (attachment included)
   3. Iredell-Statesville School Board
       Property located on Lakeshore School Road (8.43 acres). The owner will be
       financially responsible for extending the utilities to the property. Water and sewer are
       available adjacent to the property. (attachment included)
p. Authorized the Library Director to file an application for a Library Services and
   Technology Grant (LSTA). The grant is for $53,800 and the Town’s share will be
   $13,450. If awarded, the grant will allow the establishment of a mobile computer lab in
   the library. (attachment included)

6. Maia Setzer, Director of Administration and Finance, presented the Financial Summary
   Report for five months ending November 30, 2006. (attachment included)

7. Mr. Justice presented the Manager’s Report. He reported that John Vest has been hired as
   the new Public Services Director, the utilization of inmates for grounds maintenance,
   budgeted funds to improve railroad crossings at Iredell Avenue and McLelland Avenue
   and an update on the skate park.


8. Public Hearing to consider a Conditional Use Permit request from Carolina Auto
   Direct, LLC.

    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, photographs, maps or other exhibits that are relevant to
    the hearing. In order for the Board to issue this conditional use 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
    and will apply to all conditional use hearings tonight.

    Mayor Thunberg opened the Public Hearing at 6:46 p.m.
    Tim Brown was sworn to give testimony in this matter. Mr. Brown presented the request.
    Mayor Thunberg closed the Public Hearing at 6:55 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Herring, to suspend the rules of
procedure to enable the Board to consider the Findings of Fact and the Conditional Use
Permit was unanimously approved.


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                                           Minutes
                                    Board of Commissioners
                                    Tuesday, January 2, 2007

Action: A motion by Mr. Rader, seconded by Mr. Carney, to approve the Findings of
Fact and the Conditional Use Permit subject to staff recommendations was
unanimously approved. The property located at 1162 River Highway is further
referenced by Iredell County Tax Map PIN 4638-20-2446. The approved Conditional
Use Permit will allow auto sales. (attachment included)


9. Public Hearing to consider a Conditional Use Rezoning request from Ted Dubose.

   Mayor Thunberg opened the Public Hearing at 6:57 p.m.

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

   Tonia Wimberly, Engineering Division Supervisor, was sworn to give testimony in this
   matter. When this came forward for utility extension, they were going to have a
   temporary pump station. They are also building an outfall line to get to the temporary
   pump station and then there will be a force main. Temporary means they will bear the
   cost of the pump station and the lines on the east side. It will be built to a standard that
   will last a long time. It’s called temporary because it’s not in a permanent location where
   we would want a permanent one as indicated on our master plan. It won’t be as large as
   our regular pump stations because it’s only going to service a portion of the basin. Mrs.
   Wimberly presented the TIA summary for the development.

   Mike Surasky was sworn to give testimony in this matter. He works with Chas. H. Sells
   and performed the traffic study. The project is laid out allowing a lot of access. Usually a
   subdivision of this size would not have four accesses. What it does is help disperse the
   traffic a lot better and centralizes it on NC 3. The study recommended no turn lanes on
   everything because it does disperse the traffic.

   Commissioner Rader stated that a turn lane is a better choice there for traffic to prevent
   having a buildup especially with schools and shopping.

   Mr. Surasky said they base their studies on the delay of traffic for those left turns which is
   very minimal.

   Dan Brewer was sworn to give testimony in this matter. He is the engineer and surveyor
   for the project. He said the lot sizes range from 7,200 to 19,000 square feet. The
   developer is proposing a pool and club house. They are proposing a 50-foot buffer on this
   side, a 50-foot buffer proposed along Rocky River here and here, a 50-foot buffer along
   here and a 20-foot buffer along this side because it is heavily wooded. They met with
   Wanda regarding the park site and one of her concerns was that it would be more of a
   neighborhood park than a public park. With lining up the roads they really have no room
   to utilize this as public space. They could move one of the lots to another location and
   that might allow more room for parking. They are also looking at adding some on-street
   parking and widening the roads out to allow more parking. They have a substantial buffer
   on this side. They talked with the property owner who raises goats. He was concerned


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                                       Minutes
                                Board of Commissioners
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about lots going right up against his property line so they have a substantial buffer, a
minimum of 100 feet, for his farm. It’s also heavily wooded. They have connectivity for
future tie-in points. They are proposing an 80-foot buffer along NC 3, similar to Harris
Village. They have worked with planning staff very intensely to come up with a low
density project that meets the land use plan. They have agreed to provide road
improvements well beyond those recommended by the TIA. This project has received
favorable recommendation from the planning staff and planning board and they believe
that the site meets all the findings of fact.

Commissioner Rader said he was concerned about the traffic whizzing by the entrance to
get to the park and wondered if signage could get people to those fields.

Wanda McKenzie, Director of Parks and Recreation, was sworn to give testimony in this
matter. She said signs would be good. When you have a park like this, you are going to
have speeding like you talked about. Dan did have several other houses in there and he
agreed to take those out to dedicate the whole 7.5 acres to the Town. Her concern was she
did not want this to be a community park. She wants it to be a park for the whole town.

Mr. Brewer said they would donate it to the town and the town could design whatever
fields and facilities they wanted to. They have proposed walking trails and will have to
upgrade the pond to the new Town storm water regulations and will have a clubhouse and
pool overlooking that pond.

Thomas Kistler was sworn to give testimony in this matter. He is an adjacent property
owner. On the south side of your new park, there is a permanent six strand electric fence
that runs for 277 feet. The first wire off the ground is six inches or less. You’re going to
put extra run off in that area whether you know it or not and it’s going to ground that fence
out. And when it does, it deprives him of 13 acres of pasture land. Also it may be a good
idea to put some sort of protection for people in the park against this because it’s
unpleasant if you touch it. There is a steep bowl there and the runoff will go directly to
that fence.

Mr. Brewer said the new storm water ordinance that was recently passed requires that we
cannot discharge more water than what’s going out now. All the storm water for the site
is going to be directed to the pond. The only runoff would be from the two fields that will
be grassed. He can look at a landscape buffer or even a privacy fence to shield kids from
the electrical wires.

Mr. Brown said safety is the most important thing. You would want something that would
physically keep anyone from moving toward the fence. You would need a fence or berm
or heavily landscaped buffer area adjacent to that fence.

Carl Adams was sworn to give testimony in this matter. He is a farmer and adjoining
property owner. He said farm machines move from one place to the other. This will put
the farmer in jeopardy on how they travel on two lane roads. This is a farming district, not
residential. It’s a problem right now plus with more development it may be a real problem
for the farmers. He has some additional questions to ask about added conditions of
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approval requested by Carl and Mary Adams, owners of Fly-n-A Farm (working livestock
farm) adjoining property. This question is for Tonia. Small lots create more water runoff.
What has been done to insure water quality to our down stream pond and overflow to
Coddle Creek Dam?

Mrs. Wimberly said Mr. Adams question is regarding storm water runoff. Basically our
new standards do address this. The two things with this piece of property are the eastern
portion of the property is in the WSII Watershed which does give it some restrictions
there. Our new standards do require the pre and the post runoff to be equal for a certain
year’s storm. That means that whatever runoff they are receiving today is the
responsibility of this developer to detain, retain, whatever word you want to use, to slow
that water down. So in the future what comes off his development is in that storm event
the same amount that comes off now. There are those 100 year events that we cannot
design for and yes, sometimes those do wash over the structures but it’s not 100% of that.
It’s only a small percentage that comes over. The WSII Watershed covers this portion of
Iredell County and also covers Cabarrus County. Basically with the WSII Watershed that
means that not only do you have the water quantity issue that we deal with in our
standards, we have the water quality issue which means that the water has to be detained
long enough for 85% of the total suspended solids to be removed which enhances the
water downstream.

Mr. Adams said this question is for Mr. DuBose. What is your legal obligation if there is
a problem with water quality, smells, spills or sewage from your system and mosquitoes?
How are you going to disclose to the home buyers that they are buying property adjoining
an active livestock farm which can produce odors, noise and dust and hold us harmless?
What is your legal obligation to us and the property buyers? The cul-de-sac does not need
to be next to his property line as shown. There needs to be a generous buffer of trees. He
feels this will promote trash issues or a dump site. Will there be bathroom facilities at this
park? If not, they are going to have a lot of visitors in his woods right there. There’s not
many woods between his property line and the end of this cul-de-sac. There is an easy
access to go down there and a problem with people dumping on your side of the property.
On D, the lot sizes are not in character with keeping with the rural character of the
surrounding area. Five or more homes per acre is not rural living. This is still a farm
district in the county of Iredell. The point is, why a minimum of R20 zoning? The point
is why would you risk living on an R20 lot when later you could be surrounded by a
development of six or more homes per acre. R20 zoning is 20,000 square foot per lot or a
little less than half an acre. The intent of R20 zoning is a little over two homes per acre
only. It is misleading for the developer to say that the build site is 2.15 homes per acre.
The net density homes built per acre is really five or more. These houses are two story
houses, 16 foot apart with a 20 foot set back from the street. His wife drives a van that is
19½ foot long. Does this mean that if they park five foot from the garage, assuming there
is one, that it would be in the street 4½ feet? How about the sidewalk? Just trying to paint
a picture of how small this really is. In closing, you now know why we the landowners
have chosen a rural environment. Two story houses 16 foot apart 20 foot from the street is
dense residential. Other developers will come along and say we want what DuBose was
granted, maybe more. Protect our largest investment and to keep rural living we put in our
trust in the planning board of a minimum of R20 zoning in favor of the current (inaudible).
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                                   Board of Commissioners
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   Mr. Brown said the bulb of the cul-de-sac could be moved to allow for a buffer condition
   to be created in that general area. He would recommend to the Board that the intent of the
   cul-de-sac being extended to that perimeter lot line is to allow for the future extension of
   that street at some later date. It may not happen now but the intent is to accommodate that
   future street extension. That could be accommodated by moving the bulb back by
   requiring a dedication of street right-of-way in this area that could still be buffered. The
   right-of-way would be deeded to the town as a public right-of-way for future roadway
   extension. The town could also require a bond for that pavement to be placed on the right-
   of-way at a later date that would account for the same degree of roadway improvements
   that would be associated with the extending of the cul-de-sac to the property perimeter.
   That would be a reasonable recommendation.

   Mr. Adams said they are raising goats and they are going to have an electric fence all the
   way down the property line. His wire will be five inches off the ground with a seven wire
   strand. The land slopes off and that’s another reason for the cul-de-sac to be moved back
   up because of the electric fence there.

   Michael Carr was sworn to give testimony in this matter. He lives on Williford Road and
   has two concerns. He represents several property owners on Williford Road and their
   concern is the density. Everybody’s houses are on a minimum of a half acre. It’s a little
   deceiving when we say or read it’s two houses per acre when you can look at the map and
   see that there is five to six houses on an acre. Which is not consistent with what’s out
   there. He keeps hearing about a park. Is the park designed? When he hears a park and
   the use by the public, Mooresville, whoever, and we talk about soccer fields, is it like
   Harris Village where no one really uses the soccer fields or is it going to be where
   tournaments are going to be played? He has kids that play soccer and he can tell you right
   now that there is no parking on that map for 150 minivans. His concern is has it designed
   or we just getting a rough graded field and someone else comes in and pays for it? Is the
   money budgeted for that park?

   Mayor Thunberg said the developer is proposing that he will donate rough graded land of
   about seven plus acres to the Town for development.

   Sam Davis was sworn to give testimony in this matter. He lives in the area and his
   question is water. Will it be well water or city water in this development?

   Mayor Thunberg said it would be city water and sewer.

   Mayor Thunberg closed the Public Hearing at 8:19 p.m. and called a brief recess.

   The meeting reconvened at 8:30 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Rader, to suspend the rules of
procedure to enable the Board to consider the Statement of Reasonableness, the
Findings of Fact and the Conditional Use Rezoning with Commissioners Rader, Carney
and Herring voting for the motion and Commissioners Beaver, Houston and Abraham


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voting against the motion. The Mayor voted to break the tie with a yes vote. The
motion passed.

Mr. DuBose agreed to the eight conditions.

Action: A motion by Mr. Rader, seconded by Mr. Herring, to adopt the Statement of
Reasonableness, the Findings of Fact and the Conditional Use Rezoning request subject
to staff recommendations and the following conditions with Commissioners Rader,
Herring and Carney voting for the motion and Commissioners Beaver, Houston and
Abraham voting against the motion. The Mayor voted to break the tie with a yes vote.
The motion passed.
1. The residential architectural standards of the Town’s General Residential district
    shall apply.
2. Pedestrian access shall be extended to the northern boundary of the western tract to
    facilitate future connectivity/access to adjacent property (school site) with a width of
    10 feet.
3. A street stub shall be extended to the southeast corner of the eastern tract to
    facilitate future street connectivity/access to adjacent property.
4. The developer shall construct the following offsite improvements prior to the first
    phase of development:
    a. NC 3 and Williford Road – 150-foot westbound right turn lane with appropriate
        tapers on Williford Road.
    b. NC 3 and Entrances – 150-foot northbound left turn lane with appropriate
        tapers on NC 3 at site entrance; 200-foot southbound left turn lane with
        appropriate tapers on NC 3 at site entrance.
5. Rocky River Road and Entrance – Construct a 150-foot eastbound left turn lane
    with appropriate tapers on Rocky River Road at the site entrance.
6. Relocate the three lots between NC Highway 3 and the park property to other
    portions of the eastern tract at the discretion of the applicant for the proposed
    public park. Condition includes rough grading and street signage for the park.
7. Create a privacy condition along the perimeter adjacent to the Kistler property that
    would address the safety conditions associated with an existing electric fence. The
    applicant would provide a berm, fence or vegetation with the approval of the Town
    that would provide adequate safety to the adjoining electrical fence along this
    perimeter.
8. Reduce the length of the proposed cul-de-sac on the southeast portion of the eastern
    tract to facilitate a 50-foot buffer to the adjoining perimeter property. This buffer
    location is to be maintained in a natural condition that would provide adequate
    buffering from the adjoining farmland. The applicant would extend the street
    right-of-way to that perimeter property line and would post either a surety bond,
    performance bond, cash bond or letter of credit that would allow for the future
    construction of the street infrastructure should that connection be made.
The property located at Coddle Creek Road (NC 3) and Rocky River Road is further
referenced by Iredell County Tax Map PIN’s 4676-20-8578, 4675-19-5070 and 4675-29-
3337. The property was rezoned from R20 (Suburban Residential) to CU-R15-PRC
(Conditional Use-Low Density Residential-Planned Residential Community).
(attachments included)
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                                 Board of Commissioners
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10. Public Hearing to consider a Rezoning request from Steven McGlothlin.

   Mayor Thunberg opened the Public Hearing at 8:48 p.m.
   Mr. Brown presented the request.
   Mayor Thunberg closed the Public Hearing at 8:52 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Beaver, to approve the Statement of
Reasonableness and the Rezoning request subject to staff recommendations was
unanimously approved. The property located on Oates Road west near Interstate 77 is
further referenced by Iredell County Tax Map PIN 4647-77-8007. The property was
rezoned from R20 (Suburban Residential) to HB (Highway Business). (attachment
included)


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

   Commissioner Rader asked to be recused from this agenda item due to family financial
   connections with Peoples Bank.

Action: A motion by Mr. Abraham, seconded by Mr. Herring, to recuse Commissioner
Rader from this agenda item was unanimously approved.

   Mayor Thunberg opened the Public Hearing at 8:53 p.m.
   Mr. Brown presented the request.
   Mayor Thunberg closed the Public Hearing at 9:00 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Beaver, to approve the Statement of
Reasonableness and the Establishment of Zoning was unanimously approved. The
property located at 1074-1080 River Highway is further referenced by Iredell County
Tax Map Pin’s 4638-40-1424 and 4638-40-1576. The property was rezoned from HB
(Highway Business-Iredell County) to GB (General Business-Town of Mooresville).
(attachment included)


12. Public Hearing to consider a Text Amendment to Section 6.11 of the Mooresville
    Zoning Ordinance.

   Mayor Thunberg opened the Public Hearing at 9:01 p.m.
   Mr. Brown presented the request.
   Mayor Thunberg closed the Public Hearing at 9:03 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Herring, to approve the Statement of
Reasonableness and the text amendment to Section 6.11 of the Mooresville Zoning
Ordinance was unanimously approved. The approved text amendment will allow dry
cleaning establishments as a use by right in the General Business district under certain
circumstances. (attachment included)
                                                                                          11
                                          Minutes
                                   Board of Commissioners
                                   Tuesday, January 2, 2007

13. Public Hearing to Consider Closing a Portion of the Street Right-Of-Way at the
    Cul-De-Sac on Knob Hill Road.

   Mayor Thunberg opened the Public Hearing at 9:04 p.m.
   Mr. Smith presented the request.
   Mayor Thunberg closed the Public Hearing at 9:05 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Houston, to adopt a Street Closing
Order to close a portion of the street right-of-way at the old cul-de-sac on Knob Hill
Road was unanimously approved. (attachment included)


14. Mazeppa Road Park.

   Gary Wirth of Wirth & Associates Landscape Architects presented the preliminary
   design of the Mazeppa Road Park. (attachment included)

   Commissioner Rader would like staff to prepare a current inventory of fields and their
   location, potential future fields and the school and church fields that are used by the
   Recreation Department.

   The Board received as information.


15. Mooresville-South Iredell Economic Development Corporation (MSIEDC).

   The organizational notes adopted by the Mooresville-South Iredell Chamber of
   Commerce states that the Town of Mooresville will appoint one person to serve on the
   Board of Directors of the Mooresville-South Iredell Economic Development Corporation
   (MSIEDC) for a one-year period beginning January 1 of each year.

Action: A motion by Mr. Herring, seconded by Mr. Beaver, to appoint Mayor
Thunberg to serve on the Board of Directors of the MSIEDC for a one-year period
beginning January 1. Town Manager Jamie Justice will serve as the alternate.
(attachment included)


16. New Business

   No new business.

17. Closed Session – G.S. 143-318.11
    A. Economic Development – G.S. 143-318.11(a)(4)
    B. Property Acquisition – G.S. 143-318.11(a)(5)
       Brian and Tiffany Teague – 150 Copperhead Drive
       OAF Livestock – Mazeppa Road
       Charles H. and Gladys C. Pierce – 691 Mazeppa Road
                                                                                             12
                                        Minutes
                                 Board of Commissioners
                                 Tuesday, January 2, 2007

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to go into closed session
to discuss economic development and property acquisitions 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.


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


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


The meeting was adjourned at 10:17 p.m.




Janet Pope                                           Bill Thunberg
Town Clerk                                           Mayor




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