City Council - Regular Meeting

Welcome to the city council meeting tonight. If you will please rise for the prayer and the pledge. Good evening everyone. Let's pray. Dear heavenly father, thank you so much for this day and thank you for keeping everyone safe today during the weather. I pray that you'll be with the mayor and council members as they make decisions for our community. In your name we pray. Amen. Join me in the pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you. Okay, we have added uh item 14 which is the purchase of 101 Cochran Street uh during pre-aggenda. Is there a motion to approve the amended agenda? So moved. Do I have second? We have a motion and second. Any discussion? All in favor say I.

I. Any opposed? Motion carries unanimously. uh the uh code of ethics and the front and center strategic plan. The council strives to follow those um as usual. Um so we do have a presentation tonight. We're going to recognize the Garfield Green Street Historic National Register listing. Um and I'll make a couple of comments and then I'd like for Lisa to say something too because she wants to. [laughter] Tonight, we want to recognize an important milestone for our community. The Garfield Green Street Historic District has officially been listed on the National Register of Historic Places. The designation became effective December 29th, 2025, and the city received formal written notice uh in in February. This recognition honors the historic and cultural significance of one of Statesville's most important African-American neighborhoods. The district includes the historic Green Street Cemetery established in 1886 as the black burial ground in our community along with Garfield Park, the historic churches and many homes that reflect generations of history and community pride. This designation is the result of several years of research and collaboration between city preservation staff, the Statesville African-American Heritage Preservation Commission, local historians, and local historians with the Iredell County Public Library. We appreciate everyone who helped make this recognition possible and look forward to celebrating this milestone with the community later this summer. And I'd like to ask Lisa Pearson to make some comments.

Do it because I'm going to ask the board members to come up, please. Um, I would first like to take this opportunity to first thank the citizens of Staceville and the city council because without you guys, we wouldn't have been able to make this possible. Um, I would also like to uh thank former mayor Kasikute because actually it was one of his ideas to come up with this um doing the effort when Joel Ree and his staff as well. Stand up Joel um and your staff, the librarians were helping us with the Green Street uh cemetery project. So, this has been um something that's been in the making for a few years. Um, I'm going to introduce you guys to the board members and if they have something to say, I think that would be great. And actually, everybody that's on the commission as well. I think they deserve a round of applause. Um, this is Thank you. [applause] The goal of the commission um is to actually throughout the comm the city of Statesville is to identify all of the African-American communities. We have I think we've identified six six African-American community, but Garfield Green Street seemed to be the most um influential with the cemetery and it was the one that was the cornerstone for African-Americans during um the time a certain period of time in Statesville. Sorry, didn't wasn't prepared to make a speech. Uh with that being said, we are planning a huge event this summer probably the week of Junth to celebrate this national recognition. We are in the process of doing that. We will let you know when we have a date and anything else to come. So, first I would like to introduce our president, Marvin McKinnon. Um, our vice president, Barry Edwards, our secretary, Kimberly Harris,

and we don't have a treasury. No. Okay, that's it. Uh, [laughter] uh, and I just serve as a liaison. Also, we have Miss Vivian Williams who has been a great factor of historian for us to help us with this project. Miss Na Davis as well. They live in these are they are two that grew up in the community so they helped us out a whole lot. Miss Carolyn Templeton. You want to be Carolyn and Jean?

Oh, Carolyn Tempton. It don't matter. Uh Mr. Scott, what's your last name? Scott Stevenson, I'm sorry. And of course, Mr. Elamid. So, we have a wealth of information with this group and like I said with Joel and his staff, they helped us get all the information that we needed. We did the architectural studies, they helped us with that and I'm sure that he's going to help us with more projects to come. So, with that being said, thank you guys. Look forward to continue the great work that we've done. This is just one of the many accomplishments that we are going to get accomplished. And thank you. Now, April, [applause] why don't you take a picture? Lisa, if y'all will come up and take a picture. [applause] Do they need Do they need to bring the thing in? Okay. Thank you. [applause]

Thank you all one more time. That was a lot of hard work and uh anytime that many people work together on something that good things happen. So, thank you all. Thank you, Joel. Okay, next on our agenda is uh public comment. We did not have anyone sign up for public comment tonight, so we will move on to the consent agenda. Uh and once again, all items in the consent agenda are considered to be routine by city council and would be enacted by uh with one motion. On the consent agenda, we have uh uh A is consider approving the February 29th and 20th, I mean 19th and 20th winter retreat meeting minutes, the February 26th, 2026 pre-agenda meeting minutes, and the March 2nd, 2026 regular uh meeting minutes. Item B is consider approving the second reading of an urban archery ordinance and allowing the police department to submit a letter on behalf of the city of Statesville to to participate in the urban archery season. Item C is consider approving the second reading of an ordinance that authorizes the city to enter into an amended and restated project power sales agreement with North Carolina Municipal Power Agency 1. Item D is consider approving the second reading of an ordinance that authorizes the city to enter into an amended and restated supplemental power sales agreement with North Carolina um Municipal Power Agency 1. And item E is consider approving the second reading of resoning request ZC26-05 initiated by Mr. Richard Allen Lewis on behalf of TKC Land Development 2 LLC to reszone three parcels located along along Dover Road. And item F is consider

approving the second reading of an ordinance to annex AX26-05 Dover Road filed by Mr. Richard Allen Lewis on behalf of TKC Land Development 2 LLC for approximately 10 acres located on Dover R do do road inside the Larkin commerce park. Are there any items on the consent agenda that need to be moved to the regular agenda? Uh hearing none. Is there a motion to approve the consent agenda? So moved. Do we we have a motion and a second? Is there any discussion on the motion? All in favor, please say I. I.

All opposed. Motion carries unanimously. Okay. Under the regular agenda, uh we're going to start we're going to conduct uh the continued public hearing and consider approving the first reading of the resoning request ZC25-15. That's Japel Road, Harmony Vista Subdivision filed by Mr. Mark Miserachi of Harmony Investing LLC for two parcels located at the end of Japel Road and along Beauty Street. Um, and Mr. Kirk Doll is going to speak to that, but I will open the public hearing.

Good evening and thank you, Mr. Mayor. So, the applicant is also the property owner, which is Mar Muraki or Misrai of Harmony Investing LLC. We're looking at approximately 28 acres over two parcels and they are looking to requ uh request reszoning from R10 to R8 conditional. Here are two site photos. The one on the left is the current end of Japel Road where it turns into not a street. And then the other photo is that Greenbryer Ridge subdivision which is adjacent to the south. Here is an aerial photo for the current conditions of the site. And this request is to allow a 70 unit single family detached development. And they're looking at developing under the cluster provision. And what that means is instead of an 8,000 foot lot, they would be permitted to reduce it down to 6,000 foot. However, that difference has to be added into open space. And so setbacks would be 25 foot front and rear and five foot on the sides. Uh but nothing else would change. They would still have to do landscaping buffers around the perimeter of the project. They'd be required to install sidewalk curb and gutter and street trees along both sides of all internal streets. When we look at the surrounding zoning, the property to the south in that picture I showed you is that R8CZ. That is the Green Ber Ridge subdivision which was reszoned in 2023 and it is under construction right now. Um all three other sides are residential with existing single family neighborhoods, vacant land um and uh all residential. When we look at our 2045 land development plan, it projects this area to be complete neighborhood 2. The property is currently in the ETJ

and annexation is being sought concurrently. So this originally came to the planning board with this connection. So there were two connections. One would be Japel or Japel Road which would be that northwestern corner and the second connection would be through that Green Bry Ridge subdivision which is under construction. Um, this is also staff's recommendation and and I would like to go ahead and point out uh the applicant is no longer open to this option. And so I'm going to give you a little backstory now. Um, so the community uh meeting, so all conditional resonings are tied to a concept plan and they are required to host a neighborhood input meeting. Uh, it was held back in November. seven community members and every single neighbor was concerned about the condition of Japel Road and increased traffic, what the what improvements would be required and then there are two ponds that flank both sides of the current Japel Road and they were concerned about any flood flooding issues. So the applicant decided to revise a concept plan where they removed that connection. Um, I want to point out that fire code and the uh unified development ordinance have no issue with that removing that entrance because the current entrance or the southern entrance would satisfy both the unified development ordinance and fire code. This is what the planning board recommends. And so here is a more refined product showing that connection removed. Um so planning staff is concerned that if the site is approved it will not have access to a publicly maintained street. So both Very Way and Japel Road um have not been accepted by the city for maintenance. And so I will pull up our PAL bill map and Japel Road is that

purple circle there. And so from Beauty Street South, it is a publicly public ride rightway that is privately maintained, meaning it was never turned over back when the subdivision was originally created. So staff would look at option one in your packets, which would look at approval with a connection to Road and Verde Way. The planning board recommend option two, which is one connection, no Japel Road. It would only go through the Green Bryer Ridge subdivision. And then the developer requests an option three, which is the new one that you all received today. And of course, you always have option four, which would be to turn it down. When we look at proposed conditions under this conditional resoning, um staff and the developer have agreed to the development would create a maximum of 60 70 single family detached homes and they reduce that up to 10% through staff approval. Mix of materials HOA would maintain all common areas and ponds. Uh PD approved security cameras um will have locations to install those by others. Um, and then our greenway master plan does include a 10-ft pave greenway with a 20- foot easement along the eastern portion of this property. And then, um, the concept plan um, approved would also have all of the conditions issued by council and agreed to by the developer. The big changes here are what you all received today from the developer. And so

now they would uh along

that is correct for the that Um, wouldn't this be going backwards because of the safety and for the residents not to have the sidewalks? I'm not a professional when it comes to sidewalks, so I don't really know the answer to that. So, it's a good question. There are no sidewalks in that there in that area at all. I mean at right now on Saffred and and all those I correct we've been riding around over there. So the other development does it have sidewalks? Green Bryer Ridge would have sidewalks. Yes, sir.

To connect to it and have a lower standard. Why don't you let the developer come though? Um I believe that we're only referring to the Japer Road section, so not the rest of the development. Can you put the map back up and define what that is? Where's the developer is here. So he maybe they do have a brief presentation to provide after this. So that may be a better question for them for what they are proposing. I think so. Okay. Any other questions for Matt?

Mr. Mayor, I just have a a quick question maybe to to our staff in general. What what notice did we send out to the neighbors of the conditions of the zoning has changed quite a few times in the past month or two? And I'm just concerned that the neighbors uh I I want the neighbors to be aware of what's going on. So, did did we notify the neighbors that of these changes and this meeting tonight?

So, they are notified u via the meeting. Um, with these changes, there's normally not as many because of this very unique situation. So, in many cases, they would be made aware of this today as staff was made aware of this today as well. Oh, excuse me. You said that um staff was made aware of it today. So, what form of communication you did they use of the developers to contact the people and let them know that it was changed today? Because the reason why I'm saying that because once we have uh trying to work with the contractors and and the citizens, we can't go backwards and say it's not important for them to contact the people and then on some situations we say okay it's good. If we're going to do it, we need to do it for everybody and where do we draw that line and and what time frame that you going to give the public so they can be able to make a decisions with the developers. It's kind of confusing with us as well.

Absolutely. Any more questions for Matt before we allow the developer?

I don't have a question so much as just a comment about option three. Um I just in reading it to me the improvements to Japal Road read vague and broad. Um, and I think that if we're going to say Japal Road has to be improved, I think we just need to say to what extent it has to be improved um into the condition to make that enforceable, the way that it's written right now, improved could be just, you know, fixing a pothole in the road. Could be a technical improvement. So, I'm not sure if the um developer would maybe want to address that or we could discuss that with the developer when they give their presentation, but I would like to see some sort of definition there or some sort of standard attached to what extent the road has to be improved. So, we did specifically ask the developer what the improvements would be and from where. And so, through that discussion, they're not willing to add sidewalk, curbon, gutter. It would just be improving the pavement from 415 Japel Road into their site and that will only happen if they are not able to connect through Verde Way. So if they're able to connect through Verde Way, their proposal is they would not connect to Jabel Road. So then would it be appropriate if it said that it was improved to the city standards

if they're willing to accept that condition? Right. Okay. Just a thought. Thank you, Liam. Any more questions for staff? Okay. Um, so the the developer is here, so let's ask would you like to step up and

Thank you. Hello. Uh, my name is Ian Anderson. I'm a landscape architect with American company. We are the planner and civil engineer for the project. So, not the developer, but representing them. Um, so I I won't uh belabor this too far here. I know you guys understand where the site is. Um, and I I did want to mention we were are also the planner and civil engineer for Greenbry Ridge. We are currently involved in the construction administration of that project. So, we're very uh aware of the delivery schedule for that phase one, which will include all of those roads uh including Verde Way and the connection to Our Road. that is when we last checked they said that was 10 to 11 months out. So just wanted to give that as a as a caveat there. Um so Green Bar Ridge is is uh R8 cluster we are extending very much that same product into uh the Japel Road property. Uh so very similar block sizing, identical lot sizing, similar kind of road configuration with some pockets of open spaces and storm water BMPs. Um I did want to just be very clear, we are absolutely building the roads to the city standards with sidewalks. We will connect those sidewalks to the Green Bryer Ridge sidewalks to complete that vehicular and pedestrian network. We're also going to um complete a segment of the greenway trail so that we can um continue that as well that which is coming out of the green bar ridge uh project as well. So just wanted to make sure that we are very much uh designing this development for pedestrians and to make sure that they have connections to the open spaces, the adjacent neighborhoods and the greenway trail. [snorts] Um so uh like Matt said, we we did do a community meeting. We had uh all of the residents that are on there's only a few um homes once you get beyond those ponds where you saw um there was

only three or four residences there. All of those folks showed up because they were uh I I I don't want to put words in their mouth, but their one and only concern was Road. Why are you connecting to Road? if you have a connection to this new neighborhood coming, do you really have to pull all this volume through? And and at the time, the the ownership was was uh unknown. We looked in at the uh county assessors and pulled the deed books and we saw a the intent to have publicly dedicated 50 foot rideaway there or 60, I believe. Um and and we actually talked about that with the residents. They're they have never had anybody maintain that road. They have done it all themselves on their own dime. They have had to bring in gravel and reblade the road. They've had issues where they couldn't, you know, get home when it was when the drainage was was uh poor and the mo roads too muddy. Um and so they took it upon themselves really to to do that. And I know a couple of the folks are here tonight and I don't want take their time. I'll let them speak to that. Um and there are a few folks that aren't here that really wanted to be here but sounds like they're under the weather and couldn't make it. But all of them wanted to reiterate the please don't build road connection. So that when we when we met with them we were showing that connection. We were also showing the connection to oral road or to Verde way. Um and so we left that meeting you know with the message sent loud and clear is let's take a little look at that access point. Do we need it? So, we uh reached out to staff, reached out to fire and started looking through the ODO and and um it it wasn't, as Matt reiterated, it's not required. Um I usually fire sometimes those access points are fire required. In this case, we were well below the threshold of 100 units. That would have kicked in the need for a second access point. So, we're we're currently at 66, but we asked for up to 70 just for a little wiggle room, but I can tell you we're

not going to get 70 lots out of that that site. So, we're at 66 now. Um, and said, "Well, gosh, if UDO doesn't require it, fire doesn't want it, and every neighbor on Chapel Road that we spoke to was adamant against it, it was a no-brainer for us. Let's take that out." And knowing that we are now relying on access um to Verde Way. We had some fair degree of confidence in that because we're actively involved in the construction administration of that. We go up and inspect pipes when they tell us to come up and look at manholes or what have you. And then we reached out and said, you know, about how far are you on that connection? That's when they told us about 10 to 11 months out. So, we conveyed that to the developer. They had a high a degree of confidence. Dr. Horton's a good group. With any developer, you could risk recessions, uh, bankruptcies, what have you. Um, Dr. Horton's one of the bigger, um, home builders in the country, and we don't have that worry with them at all. But I cannot say with that that something couldn't happen in that timeline that could disrupt that. And so um we took out that connection, but in talking with staff, as as many planners will tell you, more connectivity is good. It it's nice to be able to move from one neighborhood to the next or to get to a sidewalk to get to another area. Those are advantageous. Um so staff said look would you be willing to offer up to say an option either we have Japel road access and Verde way or we only have Verde way. So we did have that optional condition when we went to the planning board and and and the planning board approved it without as Matt had noted earlier. Um and so in in doing our due diligence and proforma with the developer, we said look um the residents don't want it. We don't need it. It's

not code required. We don't feel that should be um we didn't want to make it an optional thing when it just seemed very much like we had a path forward with the community and by code to take that out. So over the last couple days we have um adjusted the wording of that. We've kept all the other conditions. Every other condition staff asked for we accommodated. Um and and so the the particular one was the Japel road and we had optional. We have since revised that to say look we we would like to build the verdeway connection without chapel road but if something happens force majour you know bankruptcy or they walk away from the project and we no longer have verde way we are willing to build the Japel road connection. So then the question of well what are you building for the road because I we are willing to build the the city crosssection on road if Verde way was never there and we could never connect to that we are absolutely willing to build the Japel road connection because we need it right we can't get into our 66 homes if we don't have Verde way and so of course we would do that and then that got into um the extent of those improvements And and I will say the map you saw it goes all the way out to beauty street, but the asphalt from the last home on Road before you get to the ponds is in good condition. It it it's not currently the standard city section of curb and gutter sidewalk. It's two lanes of asphalt and it's ditch drained. So when we looked at that little segment we would need to build, we said, "Okay, then then let's build that section. Two lanes of asphalt, ditch drained." And that's why that segment, that small piece that if Verde Way went away and if we needed to build Road, that we could just match

the the the profile or the the cross-section of the street that we'd be connecting to and not improve all the way to Beauty because we didn't feel we needed to rip up a road in good condition in front of all those homes all the way back to Beauty Street. And I will be candid for 66 lots. That's a big infrastructure lift. Um to go all the way out to beauty street to take care of the dirt road through past the couple homes. That was something our developer was willing to look at. But then the question came of well can we go further to to beauty street and that's where we said time out. I think we need to take another look at those conditions and just make sure that they are worded right to to to to get to to make sure that they're stating where we have landed. It's that community doesn't want Road, they want Verde Way, we want it. So, we will do that. And if for some act of God that we don't think will happen and we can't get that, then we will build the Chapel Road access. But nobody wants it. Well, I say nobody. The residents there didn't want it. we don't want to rock the boat. If that's the if that feels like their driveway, we're going to let it be their driveway. We'll keep the traffic off that. And so that's that's how we got to where we are with the the changed boarding condition. So, um I don't I again I won't speak for the residents, but as long as Chapel Road isn't in the development, I they have seemed to be amenable to our development and so we've left that out. Um, but again, if we can't get in from the south, then we'll come in through Road. But every all signs point to no problem. We'll have that connection in about a year. That works to our developer schedule. And and so that's that's how we got to where we are now. So, I just wanted to walk through that is we are willing to build sidewalks. We're going to build sidewalks. We're building greenway trails. We're building open space that's going to be open to all the residents around there. Um, so I

just wanted to make sure that you don't think we're we're trying to wiggle our way out of doing a city standard. Thank you, Mr. Andrew. Um, I have a concern. Uh, you said that you got the approval of the police department and the fire department with the extra 70 houses. Uh, did any of the residents have any concern about their time, their safety? Because it's been that way for so many years to get in these extra houses. Would it cause any insignificance in their services that's been given?

We haven't talked to any police, only fire and planning. Um, fire was good with it. Uh, the police have looked well I will say we the police asked us to accommodate a camera for them on our site. We said no problem. Um, so they have somebody in that department looked at it. I don't know if it was more about access or more about eyes on the street, but they asked for that. That was one of our conditions. So,

yeah. And and I don't I'm going to let some of the residents maybe talk to to the access and that that was not something we heard from them of we need you to build the road so that we get better emergency services. That never came up. It was more about traffic. It was all about traffic. Well, I think our concern with Road is you're you're still coming in doing construction. That road is not in the best condition now. So, I think, and I'm not trying to speak for anybody else, I think my concern is you're still going to have be using that road as your construction access point or you're not. No, we are not.

There there is no um intent to move forward. There there was we asked to have a caveat in there that we could start some horizontal work prior to Verde Way being open just in case our home builder cuz my my developer is not the home builder. He's talking to home builders. He's looking to bring them on. If they come on, they would have to access through the south. And so we don't because that was another concern of of the residents is not only the traffic volumes, but while you're building it, we have to deal with all that heavy access equipment. So we do not want to uh access the site from that area. So development won't begin until that access is there.

Correct. There could we did reserve the right to do some clearing, maybe some grading, but at that point really that you can't there's no intent to begin in earnest until we've got an access point.

Any more question? Go ahead, mayor. One of my big concerns about the connection to uh Japel Road just has to do with uh you know if if you all have been down there as many of us have. There's no signal at East Broad Street for those residents coming out of those neighborhoods to turn left on East Broad Street. And if you're coming out of there rush hour or a busy time that that's a that can be a dangerous intersection. So that's a concern of mine. So Mr. Anderson said that the neighbors don't want the connection to Chapel Row. We know that it's not required by our ordinance. It's not required by our fire code. Uh so if we took the Japel Road connection, just strike it out of option three, would that be agreeable to you all?

Um I I I would have to check with my developer, but I can say I'm pretty sure he would have no problem with that because we have the utmost confidence that we're going to have the southern access point because we we want to hear from the neighbors also. And that was another one of my concerns is that I know that a lot of neighbors turned out for the planning board meeting and I think we only have two here, but I'm sure that many of them would like to be here also. But yeah, but but if that's the biggest concern of access to Chapel Road, that was just my question that if we just strike that from option three, if that's agreeable to everybody.

I have a question concerning u synchronization with the join and development. How have you done that and how do you see the development synchronized together timing wise?

Um so the the um Harmony Investing who were met who we're representing today who owns the land their intent is to sell to a buyer and it could be somebody like Dr. Horton who says you want to add 66 more units. They could do that. It could be a one-off local person. Those conversations are just happening now. So the that transaction at the earliest is probably months out. Uh and so that uh Verde Way is 10 to 11 months out from construction and I need to see if that's when it's opened or or when they're um first beginning that but I believe that was when he thought it would be open. Um so we have to time ours with that. We can't get ahead of that. The only uh ask that we had of staff in our conditions was if we wanted to get in there and do some surveying, do some clearing, that kind of thing that we could do that, but we would have to do that without the road access because we have said we are not going to be on that road. And if if that's something that we need to write into conditions, we would be more than happy to do that. one of my greatest concerns and the [clears throat] city got the road standards changed by the state legislators and um Mr. bridges uh from our engineering department and I went out and we attended an HOA meeting in the Larkin development and that was a phase development project very similar to how this is going to be done and the voice of the citizens was in I don't know we spent probably an hour or so Mr. bridges

were more um receiving great heat on the conditions of those roads that were not accepted by the city. And my fear with this project, what you're trying to do is going to create a very poor condition on the road structure in the last phase of that development because they're not going to be synchronized. And one's going to be done [clears throat] after the fact after maybe a road has been accepted by the city. um that is my greatest fear and there's no synchronization guaranteed in what's being proposed and um that's a concern that I'd want to have. The other concern is a question for staff is understand that since this is below 100 homes there wasn't a required TIA for this. Now that if we add 60 to 70 home sites to the existing approved site plan that was done on Greenbar, how would that have changed that TIA if we added those homes into that?

Thank you, Steve. Unfortunately, I wouldn't be able to tell you exactly how it would affect without running the numbers on that. Um, but the given the fact that it's under the amount for a TIA, the way the trip gin's running, the way it works is that would be supposedly be negligible as far as additional improvements. [snorts] But wasn't that a phased project that they had to do certain things? Yes. Once they hit,

they do have they do have to uh improve the signal at Greenbryer and um East Side Drive and Salsbury Road, that little weird intersection right there. They're updating that signal. So, we would need to coordinate probably when this came online as to when their improvements were ready, the ones that were already required, because that would affect those. So, how would we add that as a condition to this development? Because I mean the two, yes, they might be connected, but they're not connected by any development agreement. The two developers do not have agreement between the two of them. Correct.

Likely the simplest way to do that would be to say that if if this subdivision was going to trip to the amount of homes that would require them to put the improvement in, unless they were willing to do it at that time, they wouldn't be able to sell any more houses at that point. That's the only way I can think to do it. if it was based on the number of homes, which I believe it was on the certain home they have to put in that signal. Green Bry Ridge does. And if we limited this developer so that if he got to that point, he couldn't do any more homes. But that would be hard because then you're also living in Green Ridge. So, uh I don't know of a good way that you could tie those together actually. Um Yeah, we're tying it together by connection.

Right. We are tying it by connection. Yeah. Thank you. Yeah.

The the other thing is they wouldn't be able to connect to Verity Way until at least Greenbar Ridge recorded that final plat because until they record that final plat for that phase, it's not a public street technically because that's when they're dedicating the public rideway. So just because the road's built doesn't necessarily mean they can connect to it. It has to they have to record that final plat being ready to sell property before they could connect to it as a public road. and and the voices that we heard at our meeting with in Larkin residents is that they've been taxpayers for certain number of years and their road has not been accepted into the city and the condition is very poor. My concern with this project is we're going to have citizens who own homes along that road and the condition of the road is going to be poor because you're going to have heavy construction traffic going on there and you're going to have two projects that are going on in two different phases and timing. It's a concern that's undefined to me.

I have a a I want to make a statement. Who's will be responsible for the roads? If I know the city, if we take it on, we have a certain percentage, but what responsibility would the residents and the new residents have with the with the road responsibility? Our UDC at the moment requires that the developer sign the final plat stating that they will maintain the roads until such a time as it's taken over by a public entity. In this case it would be us. U so they they would be responsible for maintaining the road those roads until we take them over for maintenance. So in other words the uh residents would not be responsible for any road care. They should not

they should not that as we found in Larkin depending on what happens with the developer I mean if the developer goes away like literally goes away and is dissolved what do you do at that point? Um, that may be more a question than than I than I can answer. So, and and you saying that the developer go away and then they go bankrupt. They go bankrupt to anything and then the developer said we're going to take care of the road. They going to take care of the road to a certain period of time and then we are we going to put that responsibility back on the residents or we going are we going to be the ones that's going to maintain the city roads like we've always done?

Currently, if the road isn't in good condition, we won't take it. That's the reason Japel Road, even if they peti petitioned it today, um not to be disagreeable, but I was just looking at the street view of that road and it's completely almost gone from there all the way up to King County Street. It's in terrible shape. Um it it looks good in the middle, but the there's rudding and and alligator cracking all up and down. I I support that [laughter] 100%. Yeah. So, uh but um it is uh unless it's in good shape, we would not be able to take it over. And that's where we are with Larkin and a couple of other subdivisions is um now granted those were a little different. They that was during the a harder time uh recession and whatnot and those developers disappeared completely but there's I mean there's never really a guarantee. So

so the verte would be safe to say that the it would fall back on the residents right to take care of that road. Okay. So the Verte way that's that's going back out to the green brier, right? And and again like to David's points, that's my concern as well because we already we already have a traffic analysis done for that, but you're adding 70 more houses to go through there. I mean, I live on East Side Drive. It's already a nightmare. That's without the development being completed. So now you're going to put 70 more to come out that way. I I just don't. Now, one thing we could do is say that that connection couldn't be made until Green Brow Ridge puts in the signal. Until they reach that point and

and I can understand you not wanting Jackal Road to be developed, but guess what? I know people are still going to ride through the road. And if it's already in bad conditions now, it's going to get worse because people are going to divert to go that way just to keep from going.

Well, I don't think the way it's designed, they would they would not have that ability. There would be no road to connect to it. So, but we could do that to your point of of doing it in the conditions that that they could not make the connection until such a time as Green uh Greenbry Ridge made their improvements. That would be one way we could do it that that connection couldn't be made until then which my guess is if they build depending on how they develop do their phasing they'll probably reach that before they build too much up inverted way but you don't really know they could do phase three first who knows I just want to mention also that if they did go away we could call the bond if if we are requiring developers to bond

provided they haven't built that they haven't already built it and gone that's the issue we have if they build it to our standard and then they release the bond cuz we can't hold a maintenance bond. Then that's where we run into what what David is talking about is uh Councilman Jones is is that then we have no bond to call. I wish we could do that but that would be nice. Ask a question Steve when when you scope the TIA and I don't I don't know that I don't know that Matt or Erica were here but when the when the scoping was done for the TIA for Green Bryer Ridge do they take into account other potential developments around it? So would that would this or something similar to this sub subdivision have been factored into that?

Potentially. They do take into account any approved subdivisions. So they could go back and check that and see if there were any other approved subdivisions that haven't been built in that corridor. If there are, then that would absorb the 70 if they're at least that large. Okay. Second question. If Greenbryer Ridge were built out, I think the planning director and city engineer have the up the ability to require a TI TIA even if it doesn't trigger 100 lots. I think it is maybe that's something to contemplate here is consider that would would this have required another TIA on top of what's already been done if this had already been Green Bridge has already been bridge been built out.

Yes, they do have that option. uh if it's in an area where there's a lot of development, if it's within thousand ft of an interchange, or if based on engineering judgment, they feel it's necessary. Um, and I mean, it could even be something as simple as a tech memo based on Green Brow Ridges TIA potentially. Uh, since it's only about 70 lots, that might be they could use that data and just see what theirs would affect it. So, it's it's possible to do that a couple different ways. Yeah, it could be a pseudo TIA or it could be a full-blown do the same intersections kind of thing. I'm concerned about the little fine writing that we don't read [cough] and contracts and things of that nature. And we're talking about however you going to unite the two roads. We know that. But the responsibility of those roads have not really been and the upkeep of those roads. I don't know if it's been explained to the residents what their costs may be to do it. And then you have new developments coming in. then they still have to use those roads to get through regardless of what if there's a shortcut, somebody's going to use it. Traffic's going to be there. So, I'm just concerned about making sure they that they need to understand what the whole concept is and what responsibility they may have, you know, with this project on the roads. If they already maintain them now, it's their care. It's not 70 houses that's being built. It's their everyday life structure. So you feel like, okay, I'm a part of this. This is my life. This is my residence. So I'm going to take care of my own. Then you're going to add 70 homes plus maybe or lesser. Then that's a new development come in. They may not feel that way. They may not. But the thing of it is until they get a clear understanding what like you told us hypothetically. I just want to know if they know about the hypothetically situation. And if they don't, they need to to understand what else could come up. So they'll know that they won't be say, "Well, we didn't know this. We we we was

not told that." Then the work is already done. And then they have this big They may or may not. Who knows? They may never have it, but I think they at least they need to know the options. Yes, we could we can have an estimate done on what it would cost to improve what it would cost us to improve Beauty Street. Now, they may get better rates or worse rates depending on what happens, but we could we could actually let the neighbors know about what it would cost if they wanted to completely tear that road up and redo it. I appreciate that. Mr. Mr. Bridges, can I ask you one question? We talked about the road a lot, but I also know there's a pipe down there at the bottom. Do you at the bottom of that road between those two ponds? What kind of condition is that in? Is that something that would also need to be improved if the road was to be improved?

I might defer that to Moore. He's our stormwater guy. [laughter] He knows more about painters than I do, but I don't know that we even know what the condition of that is. Have we even gone and looked at it? I could tell you yes, firmly. Yes. It's an undersized pipe. It's corrugated metal. It's blocked. It's the the roads topping in big events. You would have to build a series of coverts, a box, a crossing, something. But there's not enough water going under the road. So, you'd have to upsize that. So if you were build a new road over that old pipe.

So if you were going to improve the road Japel from Japel you said down past these few residents here. I assume you would not be taking on the project of improving that pipe. That's that's was our intent when we came in. Our intent was to improve Road from our property. Then this is the key to improve the unimproved section of Japel Road. Not to Beauty Street, but to the last. It was 415 Japel Road. That's the last property on there. And that is right where the nice two lanes of good condition asphalt turns into like he said, you it is a dirt road. And so we were we were ready and willing to do that. And then the resident said, "Please don't do that." And we said, "Okay,

that that particular section of roadway is not actually wide enough anyway. Even the causeway is not wide enough. So, it would all have to be widened out to even approve it.

Okay. Any more questions for the applicant or staff before we ask for public Okay, let's move on. Thank you very much, guys. Um U Miss Marie Martin has signed up to speak and I'll ask you to come up to state your name and your address, please. And Miss Martin, each speaker has three minutes. Okay. Yes. Thank you.

My name is Marie Martin. Edith Futch, who owns the property, the two ponds, and the road going through there. Her and her husband gave the right ofway to Shirles Lumber many years ago in 1981. However, nothing's been done in all that time and Sher's Lumber has never helped in any way repair or fix that road. There is a metal culvert under the road and two ponds which was put in with a tractor and a shovel. That's the only way we know how to do it. That's what we done. As for all the traffic coming through there, a big truck, things like that, it'll never make it over the road. It It just won't do it. We don't need that much traffic coming through there right there at the ponds. Cuz if you don't have some kind of guard rail up around the ponds, then people coming down around the hill, they're going to go right off in that pond. And whose responsibility is it then? Is it mine and my mother's to take care of? Do we get sued? I don't know how to handle this. And previous to this, we were told at the last meeting that it was all next. They exited out. This is the paper we received. We didn't think we had any worries here anymore, but apparently we do. We The two ponds support all of the animals that come down through there. The nature, it's it's it's beautiful. If you just come take a look at coyotes, deer, you name it, raccoons. They're constantly going through our

backyard and around into it. I I can't see anybody, you know, a bunch of traffic coming through that area at this point in time. That would just be way too much. And even if the city would have to keep it up, they would have a heck of a job whenever it rains hard, unless there's a bridge or something underneath it. And I I don't know what else to say at this point to you guys to help you understand what this road actually is. It's just a it's just a drive. And we can't we can't keep all that up. And we don't want you to either. You know, that's the problem. It's not fair to the city of Statesville. Mom, you get three minutes, too. Come on up. I've [clears throat] got 16 minutes left here.

Seconds.

Now, she is the owner of the two ponds and the road going down through there. This is Edith Futch. It's 85 years old, but she's mom and she knows what she wants. Probably won't be around very long. [laughter] Oh, but uh anyway, that road cannot take traffic. It's a one lane road going up the neighborhood, my next door neighbors. And there's just enough room for two cars to get on it coming and going. And uh it could be kind of dangerous around that pond. We got poles around the pond now to to keep anybody from slide in it, but uh but it I don't think it'd be enough for a whole bunch of cars coming down through there.

And our neighbor the way the road would go, the road would just come this close to their house. It the curve the way the road would go. So, I can understand why they would be pretty upset about having somebody driving right at the corner of their house, especially if it's a two-lane road. So, we're we're we're kind of stuck. We don't mind the neighborhood being there. That has nothing to do with it whatsoever. It's just all of the traffic coming in, going out, and you can't get out on East Broad Street. It just ain't going to work to turn left. It's it's a toughy for us and I can just imagine with 120 more cars because each house is going to have a couple of vehicles with 120 more cars. That would be that would be crazy. And with our pond going uh down that way, there is no way that they can uh just cut that off because it it is so deep down in there. And on behind it is nothing but a big drop off

because it's a flood zone. Because it's a blood flood zone and that's why they're wanting to build those ponds up there where their housing development is going to be because of the flood zone. So I it's it's a toughy. It's a toughy. Like I said, don't mind the houses being there. Don't mind having neighbors. It's not a problem. But what it's going to do to the area is a different story. I may I um ask you a question? Uh you all maintain that road. Are you the only um resident person that maintained the road? Dale, he had the right to have the driveway through to his house also. right away.

And he got him a little tractor with a little trench thing on it. And yeah, that's what we do. Neighbors helping neighbors been up there about 40 years or so. So, you know, so have we. So, yeah. Oh, ours been longer than that. Thank you. Okay. Thank you so much. Thank you. We're not used to this kind of thing, so sorry. Well, we appreciate you coming. Thank you. Uh we have one more. Uh Jim Dobson has signed up. Thank you, Jim. If you'll just uh state your name and address, please.

Uh James Dobson. Uh my wife and I live at 415 Chapel Road. Um, I come before you tonight a little uh surprised um because we came um and and met with the developer and his architects and then came here twice and the re revised uh plan that the developer came up with um with our concerns was a culde-sac dead end at the back of that neighborhood because our concerns were the uh natural waterways. They're both springfed. There's a there's a lake and then it goes into the first pond. I mean, they have this all great for you to view, but the area concern is to the top left hand corner of that screen. And I really wish we could, you know, uh, exemplify that a little bit so you could see our concern and and see how it's, uh, you know, the, um, the topography is there. So, we have a natural lake and then it goes into the pond in front of Ed's home and then the roadways there with, you know, the infrastructure um is not conducive to this at all, guys. I mean, and then it goes into a pond next to our house and then goes into a natural stream and exit out through Beauty Street. So, I mean, uh, I called the Department of, uh, Environmental Qualities in Raleigh and they came, they sent a crew out from Morsville to address that bridge and to let us know that they would be behind us in our efforts to if it was going to push through and they were going to do that, that, you know, somebody was going to have to, we were just told that the developer was going to fix our road. Nobody had any plans written, you know, or any drawings or rendering or anything about how that was going to work going across from our road up into that development. Nobody. They have this all pretty for you, but they don't have anything to show how they were going to

improve that bridge, how much money they were going to spend, how they were going to uh protect the environment, you know. And not only is it 121 cars in this development, but they're attached to the other one in Greenbryer, which has got approved for 376 homes. So technically, we [clears throat] could have up to a,000 cars going to where the new mall is area and that improved and you can't get out of there in front of uh Dunkin' Donuts on our little road next to that car wash. I mean, we weren't against development. We we knew we were living in a a a zoned area that could do that, but to have our little road that nobody really wants to take care of anyway. Um, and that we've all been a part of of trying to maintain it. Well, not really my wife and I, but Edy and our other neighbors, just our quality of life and everything was going to change. And we expressed this many times from, I think, November on. and they kept coming back to us and saying, "We'll meet again." And then they came back over the revision that looks like this with the dead end. So, we didn't even think we had to come back tonight. And um you know, we didn't want to be forced to move, but we're not going to stay there if there's a thousand cars going by our home every day. You know, um you know, uh my wife works at home. I [clears throat] work for a behavioral health provider and I also serve on the board of adjustments for the city of Statesville. And um we didn't come at this with just neighbors, you know, raising our fists that we just don't want um development coming to our community, but when nobody was going to address our issues with that natural waterway that's springfed, you know, um we had big concerns with that because nobody was promising us anything other than they were going to do it. there was nothing laid out, you know, how that was going to look, how they were going to do

that road, how they were going to conduct the bridges, how they were going to do everything leading up into this development. Um, we we appreciate your your comments. Your the time is up, but thank you so much for coming out tonight.

The one the one thing that was not stated in who was going to maintain those roads. You all were not told who was going to be the man manufacturing. This is your property and you fighting for something that you worked hard for. And we are here and we need to hear information that is not always stated. Everything sounds good when you getting ready to make a deal, but the people that actually hurting are the people that live there and own there. And I believe in in the quality of life. And I do believe in the structure of life and I do believe in development. But what I do not agree with is when people are not told things that could help them to make better decisions on what they want to do with their property or anything else. So I appreciate everyone coming out to say what you had to say and it didn't fall on deaf ears because every situation is different.

Thank you. Doris, was there anyone else that had not signed up to speak? Yes, ma'am. bottom of the hill thousands of cars driving by. So, I'm not even sure what like Jim said, we weren't even aware. We thought this had already been resolved because the developer has come up with a new plan that now shows a culde-sac so that they won't be going down Japel Road or coming in on Road into the back of the subdivision. Um, so I'm sorry that we're not very prepared tonight [laughter] because we really thought this had already been resolved at the last meeting and the new plan was presented and approved. Um, so we're kind of in shock actually. But, um, I just really want to reiterate everything that my neighbors have already said. These are beautiful natural waterways full of water foul and turtles and ducks and geese. And there is not a bridge going across between the two ponds that are extremely close together. Like Edy said, it's a single lane. You really can't even pass two cars in the access up the hill to our other neighbors driveway. Um I mean, this is just not conducive to being the an entrance to a subdivision by any stretch of the imagination that the city doesn't take care of the road that's there now. and supposedly were in the city. So, it's it's just it is not conducive at all to to being an access to a subdivision.

Thank you. Thank you very much. Did anyone else have a comment? Hearing none, I'm going to close the public hearing. Um, staff. Anybody have questions for staff or the applicant at this time? Mayor, I'd like to make a motion if we're ready. I'd like to make a motion. Yes. Uh, [clears throat] number one, I'd like to thank everybody who came out and spoke, the um developer, representative, and and the public. [snorts]

Um, I'd like to make a motion that we deny this zoning amendment. Although it is residential use and consistent with the city's land plan, denial is appropriate because the development is not reasonable because of the road conditions with the joining development not phased built out simultaneous, which may result in this development having legal public access for roads. Second,

we have a motion and a second. Any more discussion? Mr. Mayor, I'd just like to encourage the applicant to come back to the city because uh clearly the the the Japel Road is just the main issue here. Uh as Mr. Kirkland Doll has pointed out, this farm is surrounded by residential homes and 360°. So, it makes sense to have a subdivision there at some point in the future, but it it just doesn't make sense uh in my mind to have that Japel Road connection. So, if we can uh look at the plan again and figure out a way to to make it work. [laughter] We don't have you on the shot clock yet, James.

Just just wanted to encourage the applicant to come back to us. Yeah, they don't. They [laughter] don't want the chap, right? Option option three option three is too vague. Option three says there's a uh gives gives the developer the flexibility to connect to Japel Road. And I think that's okay. Well, that that that was my comment earlier that if the developer is willing to just strike Road, then I'm I'm uh I'm comfortable with option. They've done that. I think I think what David's concern is different from that. So I'm I'm in a little conflict.

We didn't want it in. We put it in because that's the city. Y Mr. Mayor, I'd like to call the question. We we we're not in public hearing right now. We we should go ahead and vote on the question unless there's further discussion. We have a motion. We have a motion and a second. Mhm. All in favor of the motion to to deny the request say I. I. Any opposed? Okay. It carries unanimously. Thank you. We need to go through the

Hey, the same page as you don't wait so long. [laughter] Yes, ma'am. Based on based on that discussion, uh we will we will not need to address item 10 on our uh agenda. So, we will move on to item 11, which is uh excuse me, oh, I'm sorry, the annexation. I think that the developer pulled it off, pulled his request, did he not? That was my understanding was that the developer just pulled his request for the annexation. Okay. Yeah, he's he's pulled. Okay. Thank you so much.

Erica said yes. All right. Thank you. So, our next item on the agenda is to conduct a public hearing regarding the dilapidated dwelling located at 319 Monroe Street and consider approving the first reading of an ordinance as a summary object ejectment uh vacating and closing both dwelling and accessory structure as unfit for human habitation. Thank you, Mr. Mayor and councel. So, here is a map. Um this is a location. Let let me let me open the public hearing before we get started. There we go. Now back to you, Leslie.

Thank you, Mr. Mayor. Yes, this is a consideration for 319 Monroe Street. Um we are considering asking for an ordinance as summary of ejectment vacating and closing both the dwelling and accessory structure as unfit for human habitation. Here we have a location map just giving you an idea of where Monroe Street is. Here we have 319 aerial shot giving you an idea of what's surrounding this particular dwelling. So 319 Monroe Street is located in Ward 6. It appeared on our inventory list in 2020. This property um does fall within repairs that exceeds 50% of the tax value. the owner, Betsy Hughes, and it's in care of Teresa Smith. The tax value is $21,890. There is no current taxes or leans on this property. Miss Teresa D. Smith is currently living at 319 Monroe Street. This particular photo um was taken in 2022. is showing a tree limb that fell on the property, exposing the interior to elements, um, rain and just what have you that came through the roof. Um, this particular tree limb was not moved off of the property. Um, it took close to about a year before it was even able to be tarped, so there was extensive amount of elements that entered the house and cause interior damage. Here's a portion of the flat roof. This particular portion is on top of the kitchen and the bathroom in this area. Um, it's not quite shown in this picture, but there is sagging on the wall of this particular side of the

structure because of the long-term damage of this particular portion on the flat roof. As you can see in the back side on the A-frame portion of the roof, there is tarp that's there. So that because of wear and tear, that portion of the roof did sustain some damage. The interior due to not being able to access that portion of the house did sustain so much damage that it is boarded up and you cannot get in through the side portion of the door where the kitchen and bathroom is located. Here we have a picture of the front porch and as you can see that portion from other pictures as well. The front porch did fall off sometime back in 2019 if not before that. The second picture is one of the two chimneys that's attached to this house but is actually leaning because of unkempt maintenance and wear and tear. Here we have a picture of the front porch just to show you the lack of maintenance. It's it's actually very unsafe. So here we have a picture of the living room. This is interior. As you can see, there was limited access because of the amount of rubbish that's accumulated through the front door getting into this particular portion of the room uh room. uh electricity, plumbing condition is very much unknown. We couldn't do a full assessment in an interior inspection. Uh our records go back to 2014. That's how far we can actually say that there has been no electricity or water to this particular dwelling. Reconnection fees, the excess to have it turned back on will cost $5,249.

Here we have a picture entering from the back portion of the house. You cannot walk through the house to get to this particular room. You have to enter the back because the house is actually boarded up from the inside. This particular room, as you can see, it's completely covered with a lot of rubbish, making it hard to do a full inspection. But we do have some of the ceiling that has collapsed. Here we have a picture of the back door and that's how you enter into that room on the last picture. This back porch is also covered with clutter. The reason why I have a picture of the accessory structure here taken in 2026 of February is because this is known to be where the resident Miss Smith is dwelling at at this point in time. Here are two pictures of the backyard. And this is two separate portions of just a small amount of the trash and debris that's um accumulated on this property. As far as housing solution staff has made multiple attempts um one of them was partners through social services, traditional community living is what this particular program is called. Fifth Street Ministry is another program and also housing authority. All of them have been contacted. They are waiting on Mrs. Smith to file an application for housing. Um, one of the things with housing authority because of the process of condemning the house if approved, she will actually be moved up to the top of the list. Arredell County inspector did come out and viewed the exterior portion of the property and their evaluation was

that this particular property does meet minimum housing violations. However, the structural component appears to remain intact and again this is only from the exterior inspection that they did. So staff recommends to vacate post this property as unfit for human habitation board and secure the dwelling and accessory structure located at 319 Monroe Street. Are there any questions? Should we condemn this? What? How?

It'll be a process. She would actually it'll be a process um for her vacating. This would be something that our city attorney would take to a magistrate. Um they would handle the process of eviction. So it could take a a small amount of time.

I don't have a question but I do want to make a comment. I really appreciate the fact of the hard work and dedication that has been given in this situation concerning Miss Teresa Smith and her living arrangements because you all went beyond the call of duty to try to get her some assistance and it it speaks volume to our city and our employees and I'm grateful for that. um Senate President as you did. Um we can make a decision based on um the information given us with good intent for the greater good of her safety as well as for anybody that's in that community. We thank you.

Thank you, Doris. Any any other questions for Miss Marian? I just want to be clear on this whole process. So she has not filled out any applications for any alternative situation. As of today that I'm aware of, she has not accepted any of the form of help. And so if possible, should we agree to do this that she will have absolutely nowhere to go?

I cannot determine that she would have nowhere to go. She may have family members that will take her in. Uh we do have someone here from Fifth Street Ministry that is here to offer his expertise on what he has to offer as far as giving her a place to go probably immediately. And let me say this, we're not trying to put her out. It's this if you I've been there. this is actually inhabitable because now it's it's become but it's becoming an environmental thing because it's it's not safe for her or any animal or anything and I think we're just wanting her she she teeters on just enough not to be committed but there is some issues there and I think if we do this it will push her to get the help she needs. I'm I'm about sure of it because I've had with Leslie, we've contacted DSS, APS, everybody. Everybody's aware. So when this process does happen, the outreach network is there. Like we're just not going to leave her like out there with no resources.

But I mean, I'm sure you see this at Fifth Street all the time. You can't Well, she'll be on the top of the list. Well, she'll be on the top of the list for housing. She'll automatically go to the top of the list for public housing. So they've already that's already in the works. So it's just a matter of her, you know, and I think that's because she hasn't done anything because she tells you this is my house, but she won't even go in the house and now she's living in the snow in the Yeah. outside in the element. So it's more of a my thing is more of a safety concern for her. I understand.

And we and we have things I understand your concern because Leslie will tell you that was the first thing I said as well. But we have different resources that we've reached out to to say okay I understand that 110% but I would like to hear from the fifth street fellow because they've signed up to speak with [clears throat] street people sometimes when they have mental issues don't want help. They don't want to be staying in this type of environment.

Mr. Teresa Smith and I graduate together and people can change over years and to see her like that and walk in the streets, but when you have a conversation with her, it's like a everyday conversation. I can't say her what her mental state is, but I know that this is not the person that I knew and this is something that happened over the years because it lives in my community. We live close to each other. But I think that when we have seen what the city has done to try to get her the safety and get her there and there was people supposed to came and talked to her behalf today from what we was told. So you can have the resources there, but she's staying somewhere and she's been fed and she's clothed and uh but I don't know where where her uh where she's at, but I am grateful for the fact that there's help available if she would take it.

Thank you. One thing I just want to add is that the process of this is that I have to take the resolution that you guys are going to pass and and file a lawsuit and go through the court process for summary adjudgement. It's not happening tomorrow. So, it's not happening tomorrow. You you guys, if you guys approve this, it's not happening overnight. It's something that Leslie and I throughout the court process would continue to work with her um and talk to her about it and would utilize every opportunity even in court to do so. So, just wanted to throw that out there as well. It's not overnight.

Any more questions for Miss Marian before we allowed the public hearing? Thank you, Leslie. Okay. Our um first person signed up to for the public hearing is Marilyn Ston. Thank you for coming out tonight. Good evening. Good evening.

Good evening. I've I've known Teresa for I guess a year and a half and she is very determined that she wants to stay in that house. But she needs to get out of the house cuz she stays in that building that is infested with bugs and rats and whatever. and her living condition is not good at all. I'm concerned about it. She is very hard-headed like her father was. But, you know, I have to give it to her. You know, she is a smith and you know, I I go get her a couple times a week. I take her food. I take her out to eat. My church has dinners, has lunches every Friday and I take her to those because of some behavior problems that she had with a another guy. I had to put her on a every other week schedule because she and this other guy did not get along. So of you know I had to do that Teresa and I have had some problems and she can be very hard-headed but she is very determined that she's going to get a lawyer and she talks about getting a lawyer but she has not

yet talked to this lawyer. here. She says that she wanted to get a GoFundMe fund and work get somebody to work on her house. That has not come to pass yet. So she is a lot of talk and not get done kind of person but she she's scared to leave her house. She's lived there all her life. She just doesn't really know what to do. But she needs to get out of there. She doesn't have water. She doesn't have heat. She doesn't have lights. She needs to get out of there. I think if she got out of there and lived in an apartment, she would enjoy it. But she does need to get out.

Thank you so much for coming out tonight. Thank you. Uh [snorts] second uh speaker tonight is Elliot Blackwell with uh Fifth Street Ministries, I believe. [snorts]

Good evening everyone. Uh my name is Elliot Blackwell. I am with uh Fifth Street Ministry. I am part of the PATH program. And if you all are not aware of the path program, the PATH program is a project for assistance in transitioning from homelessness in this federally funded initiative designed to provide outreach and supportive services to individuals who are experiencing homelessness and have serious mental illness or co-occurring substance use disorder. Within the homeless management information system of Aarddale County, the PATH program has specific setup, data collection, reporting requirement established by HUD and SAMA. Um the key target population of the PATH program is people who are experiencing homelessness or an imminent risk of homelessness, living with serious mental illness such as SMI or experience co- exper substance use disorder. And we have a data uh program system called the HMIS which is the housing management information system that we will use to uh categorize our clients and based upon their specific needs [clears throat] and we go through a process where we contact with the individual. We inter we interact between a pathf funded worker which is which is I and potential client and we engage with them at a point of contact and begins a case plan or a form of engagement and then upon getting information on their demographic or residents

information or disabilities we provide outreach services case management and other path eligible support system. We refer them to housing, mental health, substance abuse or treatment programs that is offered in the county under the partners behavioral health umbrella. The client was engaged January the 14, 2025 at 319 Monroe Street, Statesville, a dilapidated structure near intersection Rickert Street and identified as a place not meant for habitation. The client, Teresa Smith, was a in-person outreach first contact. um a certified state outreach worker, which I did, uh made contact with the client as a referral by the city of uh city zoning code enforcement representative uh Leslie Marone. outreach worker conducted the outreach request [clears throat] upon uh Teresa uh for Terresa Smith and was residing at the house classified as a place not meant for

pon or with my case notes. How how much longer do you

probably a minute and uh just I just want to express I just want to point out that we did reach this particular client we did to um I noticed that there were some type of mental behavior mental disorder um that she would not uh relinquish the idea that the let go of her home. We provided her uh the opportunity to apply for Statesville Housing Authority. Um I brought my laptop out there uh with me and she refused. Um other issues uh we even offered to connect her with other services out in the community through partners behavioral health. We even offered to uh apply for her to receive uh social security benefits but through our sore benefit program at fifth street ministry. She declined that. Um we even I even asked my team lead who is on the same age as Miss Teresa uh to maybe connect with her on the mental uh based on age relationship and uh she still declined any type of services. So, we did offer services to uh apply on her behalf with my laptop. She did not want to do that. Uh cuz some most of our homeless individuals are illiterate as far as using the um computers and that's what our job is supposed to do is to connect them uh to the appropriate services that the county offers through and as well as the state offers to uh individual who are suffering from mental illness or substance issues. So we did uh everything fifth street ministry did everything in this um realm of of experience of what experience I have and my team lead had experience have and we were unable to make any type of uh connection with this individual and to persuade her to uh let go of the property and move forward from this.

Okay. Thank you very much for your input, Mr. Blackwell. Thank you [snorts] for all y'all do over there. I'm going to bring us out of public hearing. Um, are there any additional questions uh for Miss Marian? Do we have a motion is how we would like to proceed.

Mr. Mr. I'll make a motion that we go ahead with Miss Marian's uh proposal here. Second. Do we have a second? We have a first and a second. Any further discussion? Just an item of discussion. Um if if the city condemns the property, has there been an estimate to demo and clean and property was sold? Would if there's a deficiency, would that go back to the property owner? I can't speak to whether or not there's been an estimate um for um demolition.

There has not been an estimate for demolition. This will have to come back to council because we're not seeking demolition at this point. We're seeking vacate to post as unfit for human habitation. ward secure and we will clean the property as well. Will she be charged for trespassing or will that is that is that another process that you have to go through once we approve tonight? Will she be charged for trespassing? Once she's vacated by the sheriff's department, if she does go back to the property and stay there, yes, ma'am, she will be It has that has to go through the court process. So, she Nobody's charged with trespassing tomorrow. Yes.

Right. That has to go fully through the court process. a judge has to sign off and um order her eviction. Sheriff's department has certain number of days to come out, change the locks and officially, you know, tell her she has to leave the property. And then at that point after that, that would be trespassing. Thank you. Thank you. So, we have a motion and a second discussion. All in favor? I.

Any opposed? Motion carries unanimously. Thank you, Mrs. Marion, and thank you for the the thoughts from council and staff and and folks in the room. Thank you. Um this is a difficult decision. Yes, it is. And u I think she needs help and we're going to we're going to help her. So, thank you all so much.

Thank you, Liz. Okay. Next on the agenda is uh conduct a public hearing and consider passing the first reading of an ordinance to annex AX26-02. That's 552 Buffalo Scholes Road filed by Bob Bobby Kler of Elite Readymix LLC. Thus approximately 3.12 acres located at the corner of Buffalo Scholes Road and Johnson Drive. And we're going to call Mr. Campbell's already on the seat and I'm going to open the public hearing.

Thank you, Mr. Mayor. Good evening, council. Yes, that is correct. Uh, Mr. Bobby Kohler, representative of Elite Readymix LLC, is coming to us to coming to you tonight to request annexation to fulfill a contingency uh that was placed on an approved special use permit back in November of 2025, excuse me. Um the location map above shows where the parcel is situated. It is in the southern edge of city limits. As you can see here and for a little bit more clarity, uh the location is adjacent and partially within city limits. What the applicant is actually requesting is for that remaining 1.1 acres to come into city limits. So if approved tonight, this would be a contiguous annexation. If this property was annexed, it would fall into ward three as per our elections map above. Here are some site photos. Uh here's a view from Johnson Drive as well as a view from Buffalo Scholes Road. We have an aerial photo of the site here indicated by the white box. As you can see, that black line running across indicates the edge of city limits. So the northeastern side of that photo would be city limits and that little sliver to the southwest would be the portion that we would be annexing in.

Is that um Mcome Steel directly across the street Buffalo Ch. Okay. Yes sir.

So with the annexations we do like to kind of reach out to other city departments to get their feedback. Um currently from storm water there are no current issues. Public utility says that there's no issues with water and sewer. It is within the vicinity. Engineering has reported that Buffalo Scholes Road and Johnson Drive are both maintained by the North Carolina Department of Transportation. Electric has stated that the site is in Statesville's public power exclusive territory and can be served. This map right here indicates that the property is located within the 4minute response time from fire station one. Uh police stated there was no concerns at this time and that they would be requesting additional additional staffing as requested as the population arrives rises. I also wanted to state that this some of you had brought up that you're starting to see a little bit of movement on the site. They are currently going through the TRC process as we speak. Um it looks like they've received approvals from all but one department with storm water. Um I think they're just working out some last minute things. So overall, city staff has reviewed this request and determined that the site meets the statutory requirements for annexation and all city services can be provided to the site. And I'm here for any questions.

Mr. Campbell, any questions for Mr. Campbell? Awesome. Um the applicant does not have a presentation but is available I understand to answer questions if there are some or I do not believe he's here. Okay. All right. So the applicant is not available. So um let's go ahead and move into the public hearing. Nobody signed up uh to speak on this. So, um, in that case, I'll just call us at a public hearing and, um, are there any additional questions from council regarding this matter? Mayor, we have a motion to have a second.

Second. Second. Have motion and a second. Any further discussion? There being none, all in favor say I. I. Any opposed? And do we need to make a a note that Doris was not here for the vote or is that okay? Okay, great. Thank you. Thank you. Thank you, Mr. Campbell.

Okay. Uh item 13 is conduct a public hearing and consider approving the first reading of TA26-01, the update to the storm water ordinance. Mr. more and I will open the public hearing. Thank you, Mr. Mayor. Council.

So, I'm here to talk about um an amendment uh to the UDO for article 8 section 8.05 storm water management and uh appendix A article 6 section 6.04 landscape standards grading standards for stream and wetland protection. The city's m municipal separate storm water uh system permit requires uh the city to update uh the ordinance with a low density development option during our current permit cycle. Uh we're taking the opportunity to address deficiencies in the current version of the ordinance and improve on some of the regulatory requirements to better protect water and uh water resources and the public. Uh these updates necessitate additional changes to the uh grading standards for stream and wetland protection and our drainage design manual. PO changes include cleaning up some of the language and definitions for clarity and consistency with state language. Um updating our drainage design manual to match these changes with our ordinance. We are going to remove the maintenance security requirement from the uh storm water ordinance as general statutes here in North Carolina no longer allow us to enforce that provision. for post construction storm water. Uh we're proposing to create a low density development option and a high density development option uh when uh triggered to provide the post construction storm water. Um and then we'd like to update the highdensity post construction requirements to include attenuating the peak flows of the 25-y year 24-hour storm event. For low density development, you would be uh designing your project with less than 24% of builtupon area. uh with this type of post post construction storm water uh SCMs would not be required be designed to maximize disperse flow uh through vegetated areas and minimize channelization of flow and it which favors infiltration and provides a lower cost alternative for development um applicants.

Uh for high density development it would apply to 24% and greater builtup pond area. Um, you would need to treat the first range of rainfall like you currently do in our storm water ordinance. You would also continue to attenuate the two and 10 year 24-hour storm events. And the new item here would be require the attenuation of the 25-year 24-hour storm event to pre-development flow. So, why do we want to attenuate that 25-y year uh 24-hour storm event? Uh flood prevention. Anytime you develop, you get increased impervious area. The water runs off quicker, less infiltration. And so we're trying to prevent localized and downstream flooding from existing areas. We want to protect our infrastructure. Our existing drainage systems, pipes, culverts often have a a fixed uh capacity. So insinuating the storm on site will help extend the life of of those devices. Safety is a big thing. Also, uh, specifically, the city of Statesville's street specifications require the cross pipes or the sag areas to carry the 25-year storm event, but we don't attenuate [clears throat] the 25-year storm currently. So, we're trying to create safety in these low spots in the roads. And then risk management. Just statistically speaking, a 25-year storm event has a 70% chance of occurring over the course of a 30-year mortgage. We'd also like to update the plan submittal approval process for post construction stormwater plan review. Um we would like to pull it out of the technical review committee and have one submit specifically to the storm water division once they are determined that they're required to have post construction storm water. This is just a flow sheet in the new drainage design manual that shows the um process of how you would submit for your storm water permit. We'd also like to uh allow SEM inspections uh performed by owners of the SEMs to be submitted by uh SEM

inspection and maintenance certified professional. Currently only certified engineers can submit that inspection reporting to us annually. It could be very costly for the applicants. We believe this will be help help them have someone come out and look at it and perform the maintenance that needs to be performed. Now we're going to talk about the uh stream buffers. So we'd like to update the stream buffers and the setbacks for builtupon area to match the upcoming hierarchic buffer rules. This would entail updating section 6.04 of the landscape standards of the UDO so there's consistency in the code. Currently we have a 30-foot setback from the top of bank for builtup pond area in our storm water ordinance. And then in section 6.04 04. Uh the undisturbed natural buffer is 25 ft from the center of stream on either side. Um there are currently draft rules for the High Rock Lake uh wershed of which statesville sits in and these rules will apply for every stream uh within that wershed once they're adopted. So there will still be a 30-foot setback for BUA built upon area in in uh the updated code. We would like to update the undisturbed natural buffer in section 6.04 04 to be 30 ft from the top of bank to match the upcoming state buffer rules. And then once these high rock lake buffer rules are adopted, there will be an additional 20ft area of uh no builtupon area. It'll mirror a lot like the Kataba River basin. You'll have a 30-ft undisturbed buffer and then a 20 foot that you can grade in landscape, but you can't have any built-upon area in that would not take place until those rules are adopted. And this is just an example. The red line is at the current 25 foot from center of stream on Morrison Creek. Uh the yellow line is the 30-foot setback from top of bank for the builtupon area. And then once the hierarchical rules become effective, then you'll have the 30 foot from top of bank uh undisturbed

buffer and 20 uh additional 20 foot setback for built-upon area. So we did go to planning board uh on February 24th and we presented this proposed text amendment as written here and the planning board approved the text amendment with two changes. Uh one is they wanted to allow have an allowance of 5,000 square feet of new impervious before post construction storm water is required and the second item was to keep the plan review in the technical review committee with the planning department. So, uh, let's talk about this allowance of up to 5,000 square feet of new impervious, uh, for redevelopment. The NPDS MS4 program is mandated under the Clean Water Act and delegated to NCDQ for implementation. So, city of States will as a MS4 owner operator uh, have to obtain permit obtain permit coverage in accordance with the North Carolina administrative code listed right here. So, can a redevelopment have an allowance of 5,000 square feet of new impervious before post construction storm water is required? Our existing ordinance and proposed text amendment follows North Carolina's state model ordinance for phase 2 stormwater programs and redevelopment as defined in the general statutes uh is any disturb land activity that occurs on previously developed land that does not result in a net increase in builtupon area. And for the purposes of our ordinance, if the development doesn't cause an increase in impervious, then you do not have to provide any type of post construction storm water. Only once you create the new impervious area, and that's the only amount that you have to treat. So, if we were to include an allowance of 5,000 square feet of new impervious area for redevelopment, our ordinance would be less stringent than the state's uh requirements and it could result in us being deficient uh for minimum measure five post construction

stormwater controls of the city's MS4 permit. So, if we're deficient, we wouldn't be in compliance with our permit. We could get a notice of violation from NCDQ. We could be fined up to $25,000 per day. and it could impact the ability of the city to receive grant funding from FEMA. So any redevelopment that cumulatively disturbs 1 acre or more and exceeds the amount of existing impervious cover has to provide post constructed storm water. With the new uh updated text amendment here, they'll be able to choose between the low density option or the high density option on their new impervious area. And that's just the definition of how to uh calculate your uh percent impervious, excuse me. The other item planning board talked about was keeping the uh process for stormwater review in the technical review committee. Uh city staff still proposes to remove post construction stormwater review from TRC. We will still participate in the technical review committee and provide comments and advise applicants as necessary. and we'll still participate in uh concept plan meetings with the other departments and the planning department. But we believe as staff it's there's more value in separating than and keeping it combined. We're better prepared to determine complete review applications. Uh we should be responsible for the intake and processing of all the submittals and the correspondence. Uh it'll help prevent the TRC TRC process from becoming prolonged for applicants. For example, the one that was on the agenda earlier, uh, with the Elite Ready Mix, they're being held up because of storm water requirements. They can't get their TRC approval. And then, uh, we could provide better improved customer service for staff and applicants.

Questions? Great. Any questions for Mr. Moore?

Okay. Um, so nobody signed up to comment on this either, so I will call us out of public hearing. Um, any more discussion from council? Do I have a motion to proceed one way or the other? Um, I'd like to make a motion that um that we approve the staff's recommendation. Have a motion. Have a second. Second.

Have a motion and a second. Any further discussion? Okay. All in favor say I. Any opposed? Motion carries unanimously. Thank you so much. Thank you. Thank you, Mr. Moore. Now you can get back to doing your real job, right? Okay. Next is uh um the item uh 14, which is consider approving a resolution to purchase the property at 10001 Cochran Street. And Miss Hills is going to make that presentation.

Thank you, mayor. um as you mentioned today come before you to consider approving uh the purchase purchase of the property at 10001 Cochran Street. Um that is a 4.4 acre um property with the 28,000 square ft recreational center that is currently on there. Uh the property is currently owned by the Boys and Girls Club. um they're looking to sell this property in order to position themselves to expand uh their programs in the future to be more visible out in the community. Um this buying this purchase allows us or buying this property allows us to offer a full service recreation center in the southern part of our city. Um it pro helps us to proactively meet the needs of that area as we see in the next few years the growing population of houses um as well as residents down there. Um and lastly, it provides equitable services throughout the city. Um that area does not have a full-fledged recreation recreational center like we do on the northeast side. So putting this or purchasing this will allow us to uh provide equity in the services that we offer in the recreation um department. So if approved uh a budget amendment will follow uh with this will take the money from we'll take money from fund balance and put it into the uh recreation department's budget um to be paid back at a later time.

Thank you. Any questions for Miss Hills? Do I have a motion to proceed with the purchase of 100001 Cochran Street? I make a motion that we continue with the process of purchasing the property at 101 Cochran Street. Thank you. Do I have a second? Have a second for Mr. Nicholson. Any more discussion? All in favor say I.

Any opposed? Fantastic. A motion carries unanimously. Okay. Um, y'all have the advisory board meeting minutes in your packet. I don't think we need to go through those. Um, so we're to David Jones favorites part. [laughter] Mayor, I make a motion that we adjourn the meeting. So move. We have we'll take that as a second. Any discussion? Second. So move. Yeah. All in favor say I. Thank you all.