BC 2009 04 06 Work Session - Laserfiche WebLink

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April 6, 2009 (Work Session) Page 1304 from Monroe for a right-of-way, which doesn't require the Board's consent; etc. Richard Koch, County Attorney, reported he has reviewed the lease and lease amendment between the State and the County for Frank Liske Park. He explained the following: the lease is rudimentary; certain covenants are implied in a lease, such as the covenant of title a quiet enjoyment, which is the right of undisturbed possession; the County did not know about the action taken by the Council of States, and had been led to believe that the Board would have some say before the State took action; etc. Commissioner Privette noted that at the Legislation Delegation meeting earlier today, Kannapolis City Councilman Roger Haas stated the city of Kannapolis had squashed the pipeline proposal. In response to a question from Chairman White, Mr. Koch explained the State cannot terminate the lease between the County and the State for Frank Liske Park under any condition that relates to the pipeline. Mr. Day was instructed to investigate options and present a report at the May 4, 2009 Work Session. N.C. 3 Corridor Study and the Western Area Land Use Plan with City of Kannapolis John Day, County Manager, presented an update on the N.C. 3 Corridor Study. He addressed the following issues: the County's preference is for the road to remain two lanes; there is a shortage of money for projects; alternatives, such as viewsheds, have been discussed to preserve a right-of- way should the area ever be upgraded to four lanes; the work by the Centralina Council of Governments (COG) has been completed and the COG is presently scheduling appearances before various planning and zoning commissions to make its recommendation; the County has suggested to the COG that there is no need for them to present their recommendations to the Board because it differs from the position the County has taken; there have been discussions between staff members, members of the COG, and Kannapolis City Officials about a larger plan for the northwest area; etc. Chairman White reported in January, the Board was asked to adopt a plan that was recommended by the COG; when the plan was presented to the Board, concerns were raised regarding public input; an alternate plan was developed after public input was received; the alternate plan has not been presented to the public for input; the Board needs to decide if it is willing to discuss a land use plan with Kannapolis and for what period of time; discussions need to be held regarding the preservation of a viewshed; etc. Commissioner Carruth expressed his support for approaching Kannapolis to discuss this plan. He stated he would like to see Kannapolis express in writing how they would like to see that area developed. Chairman White stated he would like to prepare to expand the road now, should the need arise in the future. A discussion ensued regarding the process of preserving a viewshed on N.C. 3. Several Board members expressed support for the land use plan. Mr. Day stated a proposal will be presented in the near future. The Chairman stated he would notify the Mayor of Kannapolis by letter regarding the decision to proceed with a Land Use Plan between Cabarrus County and the City of Kannapolis. Harrisburg Area Land Use Plan John Day, County Manager, reported that similar to the previous discussion regarding Kannapolis, staff had been instructed to approach Midland and Harrisburg about the possibility of a joint plan similar to the Central Area Land Use Plan (CALUP). He addressed the following issues: the Harrisburg Town Council voted unanimously to pursue a land use plan; and Susie Morris is working with LandDesign, the company that helped design the CALUP, on a contract to present to the Board. School Construction - A.T. A11en Replacement John Day, County Manager, reported an email was sent to the Board concerning the placement of the A. T. Allen replacement school on the Miami Church Road site or the Buffalo Ranch site.