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01/22/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 JANUARY 22, 2008 - 6:30 P.M. AGENDA www.monroenc.or~ Recognitions A. Recognition of Girl Scout Troop #1993 B. November 2007 Citizen Recycling Incentive Program Awards 2. City Manager Comments A. Sidewalk Replacement Project on Secrest Shortcut Road B. Downtown Master Plan C. Reclaimed Water System D. Meeting with the Division of Aviation CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non- controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on 4 the Regular Agenda at the request of a Council Member or Citizen. The Consent ~-~ Agenda contains the following items: 3. Approval/Acceptance of Minutes A. Minutes of City Council Recessed Strategic Planning Meeting of September 18, 2007 B. Minutes of City Council Strategic Planning Meeting of October 2, 2007 C. Minutes of Regular City Council Meeting of October 2, 2007 D. Minutes of City Council Strategic Planning Meeting of December 4, 2007 E. Minutes of City Council Strategic Planning Meeting of January 8, 2008 F. Minutes of Regular City Council Meeting of January 8, 2008 G. Minutes of Union County Historic Preservation Commission Meeting of October 30, 2007 H. Minutes of Transportation Committee Meeting of December 3, 2007 I. Minutes of Historic District Commission Meeting of October 8, 2007 J. Minutes of Board of Adjustment Meetings of October 11, 2007 and October 25, 2007 K. Minutes of Planning Board Meeting of January 2, 2008 (Draft) 4. Bu dget Amendments A. North Carolina Department of Human Resources Appropriation of Funds for Ellen Fitzgerald Senior Center Regular City Council Meeting January 22, 2008 Page 1 B. Youth Program Donation for the Police Department 5. Call for a Special City Council Strategic Planning Session to be Held February 29, 2008 at 8:00 a.m. 6. Summary of Contracts Awarded Pursuant to 0-2001-17, Change Orders Approved Pursuant to R-2000-76, and Authority of City Manager to Settle Certain Claims Pursuant to 0-2004-27 REGULAR AGENDA Public Hearings -Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups. 7. Presentation from Hospice 8. Resolution of Intent to Abandon a Portion of Secrest Price Road (Continued from January 8, 2008) 9. Zoning Map Amendment Request from G-B (General Business) to Conditional District "Monroe Crossing" for a Commercial Planned Development Located at Dickerson Boulevard and West Roosevelt Boulevard (Monroe Mall) A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "Monroe Crossing" 10. Zoning Map Amendment Request from GI (General Industrial) to Conditional District "Excel Personal Development" for Property Located on Curtis Street A. Public Hearing B. Action -Zoning Map Amendment (~ C. Action -Resolution of Land Development Compliance -Conditional District "Excel Personal Development" 11. Zoning Text Amendment Request to Amend the Enforcement Process for Parking Violations A. Public Hearing B. Action -Ordinance Amending Chapter 156 -Zoning Code 12. Amendment Request for Property Located at 150 S. Bivens Road to Conditional District "Metal Recycling Services" A. Public Hearing B. Action -Zoning Map Amendment Regulaz City Council Meeting January 22, 2008 Page 2 C. Action -Resolution of Land Development Compliance -Conditional District "Metal Recycling Services Amendment 1" 13. Six-Month Moratorium on Residential Subdivision Development A. Public Hearing B. Action - Ordinance Approving Six-Month Moratorium on Residential Subdivision Development 14. Request for Waiver of Fast Track Fee from Union County Public Schools for Monroe High School Zoning Change 15. Recommendation of Appointment from Citizens Appointment Committee 16. Downtown Director A. Motion to Start Process to Begin Search for Downtown Director B. Appointment of Downtown Advisory Committee 17. Public Comment Period A. Mr. Butch Allen -Request for Extension to Repair Property at 302 South Washington Street 18. Closed Session - N.C.G.S. 143-318.11(a)(5) and N.C.G.S. 143-318.11(a)(6) 01-22-os Regular City Council Meeting January 22, 2008 Page 3 CITY OF MONROE CITY COUNCIL MEETING JANUARY 22, 2008 -6:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on January 22, 2008 with Mayor Bobby G. Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah, Dottie Nash, Robert J. Smith, City Manager F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Kevin O'Brien, Jack Gale, Jimmy Tice, Jim Price, Butch Allen, Carol Tyson, Paul Johnson, Harry Sherwood, Kathy Trull, Fanny Clements, Patricia Huntley, Mike Linker, Joe McCollum, Susan Osborne, Lisa Stiwinter, Jim Loyd, Mark Donham, Fairy Boyce, Bruce Bounds, Debra Korb, David Williams, Wayne Herron, Chris Plate, Max Melton, Josh Rozsak, Jeremy Rozsak, William Simmons, and others. Mayor Kilgore called the Regular City Council Meeting of January 22, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognitions. A. Girl Scout Troop #1993. Mayor Kilgore recognized Girl Scout Troop #1993 from the J. Ray Shute Center who performed the Flag Ceremony for the meeting. B. November 2007 Citizen Recycling Incentive Program Awards. Mayor Kilgore recognized the winners of the Citizen Recycling Program Awards for November 2007: First Place -William O'Brien ($200) and Second Place -Brandon P. Smith ($100). Item No. 2. City Manager Comments. City Manager Meadows briefed Council on the following items: A. Sidewalk Replacement Proiect on Secrest Shortcut Road. The sidewalk replacement project on Secrest Shortcut Road is underway and should be completed in the next two to three months. Regular City Council Meeting January 22, 2008 4 B. Downtown Master Plan. The Downtown Master Plan draft has been reviewed with the Downtown Advisory Committee. The final report will be presented at the February 19 City (~ Council meeting. C. Reclaimed Water System. The first component of the reclaimed water system will be open for business next week at the wastewater treatment plant, where there will be commissioning of a bulk filling station for users of non-potable water. The non-potable station at the old quarry will be decommissioned, as the quarry water will begin to be transferred to Lake Lee. D. Meeting with the Division of Aviation. Several staff members will be attending a meeting in Raleigh tomorrow with the North Carolina Division of Aviation as staff continues to work on airport improvements and on an economic development prospect. CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 3. ApprovaVAcceptance of Minutes. A. Minutes of City Council Recessed Strategic Planning Meeting of September 18, 2007. Council Member Nash moved to approve the Minutes of the City Council Recessed Strategic Planning Meeting of September 18, 2007. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of City Council Strategic Plannin;~ Meeting of October 2, 2007. Council Member Nash moved to approve the Minutes of the City Council Strategic Planning Meeting of October 2, 2007. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Minutes of Regular City Council Meeting of October 2, 2007. Council Member Nash moved to approve the Minutes of the Regular City Council Meeting of October 2, 2007. Council Member Smith seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting January 22, 2008 5 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. Minutes of City Council Strategic Planning Meeting of December 4, 2007. Council Member Nash moved to approve the Minutes of the City Council Strategic Planning Meeting of December 4, 2007. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None E. Minutes of City Council Strategic Planning Meeting of January 8, 2008. Council Member Nash moved to approve the Minutes of the City Council Strategic Planning Meeting of January 8, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None F. Minutes of Regular City Council Meetin;? of January 8, 2008. Council Member Nash moved to approve the Minutes of the Regular City Council Meeting of January 8, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes. AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None G. Minutes of Union County Historic Preservation Commission Meeting of October 30, 2007. Minutes of the Union County Historic Preservation Commission Meeting of October 30, 2007 were received as information by Council. H. Minutes of Transportation Committee Meeting of December 3, 2007. Minutes of the Transportation Committee Meeting of December 3, 2007 were received as information by Council. I. Minutes of Historic District Commission Meeting of October 8, 2007. Minutes of the Historic District Commission Meeting of October 8, 2007 were received as information by Council. J. Minutes of Board of Adjustment Meetings of October 11, 2007 and October 25, 2007. Minutes of the Board of Adjustment Meetings of October 11, 2007 and October 25, 2007 were received as information by Council. Regulaz City Council Meeting January 22, 2008 6 K. Minutes of Planning Board Meeting of January 2, 2008 (Draft). Minutes of the Planning Board Meeting of January 2, 2008 (Draft) were received as information by Council. Item No. 4. Budget Amendments. A. North Carolina Department of Human Resources Appropriation of Funds for Ellen Fitzgerald Senior Center. Parks and Recreation Director Mike Courtney advised by memorandum that the Ellen Fitzgerald Senior Center had received funds in the amount of $5,467 from the State of North Carolina, Department of Human Resources, Division of Aging for Senior Centers. This appropriation requires a local match of $1,822 which currently exists in the Parks and Recreation Department's operating budget. Mr. Courtney advised that the funds would be used to purchase materials and supplies to repair 19 pairs of exterior 15" tall shutters; replace an electric kiln and upgrade electrical outlet to meet specifications; repair existing kiln; replace ice maker; purchase potter's wheel, and purchase small equipment items for woodworking shop. Staff recommended that Council adopt a Budget Amendment to accept these funds for the Ellen Fitzgerald Senior Center and appropriate for expenditures as outlined above. Council Member Nash moved to adopt Budget Amendment BA-2008-04: BUDGET AMENDMENT BA-2008-04 1. Amendment necessary to designate and appropriate funds for a grant to purchase equipment and supplies from the North Carolina Department of Human Resources for the Ellen Fitzgerald Senior Center. General Fund: Revenues: Restricted Intergovernmental $5,467 Expenditures: j~ Cultural & Recreation $5,467 ` Adopted this 22"d day of January, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Youth Program Donation for the Police Department. Police Chief Debra Duncan advised by memorandum that the Police Department had received a $100 donation from a citizen to be used for the D.A.R.E. Program. These funds will be used to buy promotional items to give away Regular City Council Meeting January 22, 2008 7 at various events throughout the City for the D.A.R.E. program. Staff recommended that Council accept the donation and adopt a Budget Amendment to appropriate the funds. Council Member Nash moved to accept the donation and adopt Budget Amendment BA-2008- 03: BUDGET AMENDMENT BA-2008-03 1. Amendment necessary to designate and appropriate funds for a donation to the youth fund. General Fund: Revenues: Miscellaneous $100 Expenditures: Public Safety $100 Adopted this 22°d day of January, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Call for a Special Citv Council Strategic Plannin>z Session to be Held February 29, 2008 at 8:00 a.m. Council Member Nash made a motion to call for a Special City Council Strategic Planning Session to be held February 29, 2008 at 8:00 a.m. in Salon "A" of South Piedmont Community College located at 4209 Old Charlotte Highway to discuss Council goals and objectives for the upcoming fiscal year. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Summary of Contracts Awarded Pursuant to 0-2001-17, Change Orders Approved Pursuant to R-2000-76, and Authority of City Manager to Settle Certain Claims Pursuant to 0-2004-27. City Manager Meadows advised by memorandum the award of contracts pursuant to Ordinance 0-2001-17 (Ordinance Delegating Authority to the City Manager with Respect to Certain Contracts), Change Orders pursuant to Resolution R-2000-76 (Resolution to Delegate Authority to City Manager to Approve Change Orders in the Amount Allowed by N.C. General Statutes), and City Manager Settlement of Claims pursuant to 0-2004-27. The following is a summary of contracts recently awarded under authority of 0-2001-17: Regular City Council Meeting January 22, 2008 8 I i Date Name Purpose Amount 01/10/08 AA West Lock Key To install doors and hardware at Dickerson and $12,000 Winchester Gyms 01/10/08 Harmon Environmental, To classify the Monroe Rock Quarry as a raw $15,000 PA drinking water source and for potential well permitting and drilling 01/10/08 Dawn Development To perform various construction and $300,000 maintenance tasks *Approved by Department Director The following is a summary of Change Orders pursuant to Resolution R- 2000 -76: (Th Date Name Purpose Amount 1 2/21/07 Boggs Paving, Inc. 10 -Unit T- Hangar Site Preparation (Fire $9,911 Barriers) 01/02/08 Booth Associates, Inc. 2007 Electric Distribution System Upgrade (Hal $1,661 Coan Substations) 01/02/08 Booth Associates, Inc. 2007 Electric Distribution System Upgrade $1,311 (Camp Sutton Substations) 01/10/08 Dellinger, Inc. AeroPointe Industrial Park $575 There were no Settlement Claims. This item was received as information of Council only and no action was required. REGULAR AGENDA Item No. 7. Presentation from Hospice. Ms. Carol Tyson, Mr. Mike Linker, and Mr. Harry Sherwood shared with Council Hospice's capital campaign for a new concept of Hospice care in Union County. Hospice currently provides home care and residential care. The new dimension of care Hospice wishes to implement is referred to as "inpatient care." This care provides more extensive clinical services including greater accessibility to a physician and /or to register nurses for symptom control or pain management. The State of North Carolina has granted a Certificate of Need for six inpatient beds and six traditional Hospice rooms. Hospice requested a $50,000 donation to help with this p t s $3 million campaign. Consensus of Council was to refer this matter to the Outside Agency Committee.. I Item No. 8. Resolution of Intent to Abandon a Portion of Secrest Price Road (Continued from January 8, 2008). Engineering Director Jim Loyd advised that a decision had not been received from the Department of Transportation (DOT) regarding the traffic signals for Secrest Place Development and requested that Council defer taking action on this matter until February 5, 2008. 1 r--) Without objection, action on this matter was deferred until the February 5, 2008 City Council Meeting pending DOT approval of the traffic signals for Secrest Place Development. I I Regular City Council Meeting January 22, 2008 9 1 1 Item No. 9. Zoning Map Amendment Request from G-B (General Business) to Conditional District "Monroe Crossing" for a Commercial Planned Development Located at Dickerson Boulevard and West Roosevelt Boulevard (Monroe Mall). A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Fairy Boyce stated that this was a zoning map amendment request by Madison-Marquette for 41.595 acres located at 2115 W. Roosevelt Boulevard from General Business to Conditional District "Monroe Crossing." Adjacent properties are zoned General Business, Planned Residential Multi-Family (R-Pl), and Conditional District "Monroe Market Place." Ms. Boyce stated that the request for a conditional district rezoning was to add an additional 41,680 square feet to the existing mall. The applicant wishes to add an additional 30,000 square feet to Belk Department store and an additional 11,680 square feet to the front of the mall at the mall entrance which will provide a minimum of three additional rental spaces. The applicant is also renovating the interior of the existing Monroe Mall with future out-parcels planned as well. Ms. Boyce reported that there would be three phases of development. Phase I will be interior only and the applicant has already been granted building permits for this phase. Phase II will be the addition to Belk and the addition to the front of the Mall. Phase III will be the development of out-parcels along Roosevelt Boulevard and will require an amendment to this conditional district. All landscaping requirements including streetscape buffers, parking lot landscaping and screening buffers will be provided in accordance with the Unified Development Ordinance. Staff and Planning Board recommended approval of the request. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Zoning Map Amendment. Council Member Nash moved BE IT ORDANIED that this property be amended to Conditional District "Monroe Crossing." Council Member Keziah seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Action -Resolution of Land Development Compliance -Conditional District "Monroe Crossing." Council Member Nash moved to adopt Resolution R-2008-09: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "MONROE CROSSING" R-2008-09 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "Monroe Crossing" and further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consistency with the Land Regular City Council Meeting January 22, 2008 ]0 Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Numbers 09-264- 003-01 and 09-264-003D. Adopted this 22"d day of January, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 10. Zoning Map Amendment Request from GI (General Industrial) to Conditional District "Excel Personal Development" for Property Located on Curtis Street. A. Public Hearin. Mayor Kilgore opened the duly advertised public hearing. Planner Susan Osborne stated that this~was a zoning map amendment request by Excel Personal Development for 7.03 acres located at 1127 Curtis Street from General Industrial to Conditional District "Excel Personal Development." Ms. Osborne advised that the applicant was requesting a conditional district zoning to conduct a day treatment facility in the warehouse portion of the building. The front of the building is presently being used for Excel's general offices. Adjacent properties on both sides of the property are zoned General Industrial, with High-Density Residential (R-10) across the street. Ms. Osborne reported that the day treatment program would serve middle and high school aged children and would operate Monday through Friday from 9:00 a.m. to 5:00 p.m. This program will provide training in social skills development, anger management, vocational training, and computer training. There is existing adequate landscaping on the property and both sides and rear of the property are sufficiently buffered. Staff and Planning Board recommended approval of the request. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action - ZoninE Map Amendment. Council Member Nash moved BE IT ORDANIED that this property be amended to Conditional District "Excel Personal Development." Council Member Ashcraft seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Action -Resolution of Land Development Compliance -Conditional District "Excel Personal Development." Council Member Nash moved to adopt Resolution R-2008-04: Regular City Council Meeting January 22, 2008 11 RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "EXCEL PERSONAL DEVELOPMENT" R-2008-04 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "Excel Personal Development" further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Number 09-191- 022. Adopted this 22°d day of January, 2008. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 11. Zoning Text Amendment Request to Amend the Enforcement Process for Parlrsng Violations. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Lisa Stiwinter advised that this was a consideration of a text amendment to amend the "Use of Parking, Circulation and Loading Space" Ordinance of the City's Code to change the enforcement process for cars parked illegally in unapproved parking areas (lawns, sidewalks, unimproved areas, etc.). Ms. Stiwinter advised that the zoning text amendment will allow Planning staff to issue parking tickets under the parking code as opposed to the normal written letter notification process required under the zoning code. Staff and Planning Board recommended approval of the zoning text amendment request. Following a brief period of discussion and there being no additional speakers, Mayor Kilgore closed the public hearing. B. Action -Ordinance Amending Chapter 156: Zoning Code. Council Member Ashcraft moved to adopt Ordinance 0-2008-05: ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-OS Regular City Council Meeting January 22, 2008 12 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE VII, CHAPTER 72: TRAFFIC CODE, TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. DELETE Section 156.186 - USE OF PARKING, CIRCULATION, AND LOADING SPACE. Section 2. ADD Section 72.26 -USE OF PARKING, CIRCULATION, AND LOADING SPACE A. Vehicles shall be parked in an approved parking or loading space as defined in Chapter 156.188. Vehicles and merchandise (vehicles for sale, lease, or rent) are prohibited from being parked or placed in any area outside of an approved parking, circulation and/or loading area. Vehicles shall not be placed or parked in any area consisting of grass, dirt, sidewalks, walkways, or any other areas not designed or intended to accommodate a vehicle. B. The term vehicles shall include, but are not limited to: cars, trucks (commercial and personal), boats, motorcycles, buses, trailers, and aircraft. Section 3. This Ordinance shall become effective on the date of its adoption. Adopted this 22"a day of January, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, ~~ Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 12. Amendment Request for Property Located at 150 S. Bivens Road to Conditional District "Metal Recycling Services." A. Public Hearin. Mayor Kilgore opened the duly advertised public hearing. Planner Fairy Boyce stated that this was a request by Josh Rozsak and Will Simmons to amend Conditional District "Metal Recycling Services" for 19.022 acres located at 150 S. Bivens Road. Ms. Boyce advised that adjacent properties were zoned General Industrial. The property does not lie within ~l a floodplain or a watershed. Regular City Council Meeting January 22, 2008 13 Ms. Boyce advised that the applicant was approved for a Conditional District on February 6, 2007 to expand their scrap metal recycling business and would like to construct a 2,500 square (~1 foot mechanics shop, add concrete pads for heavy machinery, and pave the existing parking lot. The applicant also requested permission to concrete the entire property at some point in the future. Ms. Boyce advised that an amendment was required in order to expand the business and/or structures on this site. All landscaping requirements including an extension of the existing streetscape buffer and parking lot landscaping will be provided in accordance with the Unified Development Ordinance. Staff and Planning Board recommended approval of the amendment. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Zoning Map Amendment. Council Member Keziah moved BE IT ORDANIED that this property be amended to Conditional District "Metal Recycling Services Amendment l ." Mayor Pro Tem Bazemore seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Action -Resolution of Land Development Compliance -Conditional District "Metal Recycling Services Amendment 1." Council Member Keziah moved to adopt Resolution R- 2008-12: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE FOR CONDITIONAL DISTRICT "METAL RECYCLING SERVICES AMENDMENT 1" R-2008-12 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "Metal Recycling Services Amendment 1" and further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Numbers 09-087- 008 and 09-087-009. Adopted this 22°d day of January, 2008. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: .AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting January 22, 2008 14 Item No. 13. Six-Month Moratorium on Residential Subdivision Development A. Public Hearint?. Mayor Kilgore opened the duly advertised public hearing. Assistant City Manager Wayne Herron stated that at the request of Council and in an effort for the City of Monroe to readdress allocation and provision of strained resources such as water, sewer, public safety, schools, and transportation networks, staff had prepared an Ordinance for a moratorium for single-family residential development. Mr. Herron advised that the moratorium was proposed to be established for a period of six months on residential development. Mr. Herron read the finding of facts for the record: "1. The City of Monroe has approved seven (7) new major residential subdivisions in the past two (2) years which include 882 building lots. 2. The City has experienced an unprecedented demand for approval of new residential developments over the past few months. 3. Countywide including the City of Monroe the Union County Public Schools has built six (6) new schools in the past two (2) years to accommodate new growth in residential development and regularly request bond approval in order to pay for providing adequate classroom space. 4. The City of Monroe is experiencing water shortages brought about by increased development and associated water use and the drought of record which has resulted in the City implementing and enforcing Stage 3 water restrictions. 5. Union County has become a major bedroom community for the Charlotte region and the City of Monroe is experiencing inadequacies in road, highway and transportation infrastructure due to heavy congestion on City streets and roads due to residential development. 6. Due to increased residential development in areas outside the City's central urban core, police and fire are quickly approaching a point of exceeding its capacity to serve our population in a timely manner, at all times, as public demands put pressure on existing resources making additional personnel, equipment, and fire stations necessary for prompt response need to keep citizens safe. 7. It is imperative that the City of Monroe develops programs and policies to ensure that development does not continue to strain the aforementioned resources beyond their abilities to properly serve the citizens of the City and Monroe and to develop appropriate ordinances, policies, and strategies for residential growth management. 8. The Monroe City Council makes and enters the following findings required by North Carolina General Statute ~' 160A-381(e): a. The problems and conditions necessitating the moratorium is based upon the recent explosive growth in the demand for approval of residential development in the City of Monroe and the conditions described above. The City attempted to consider requests for new residential development based upon procedures, ordinances, Land Development Plan, and criteria then in existence and requested various committees to evaluate demand for new development in the City. However, the City continued to be inundated with requests for new developments while finite public resources and infrastructure continued to be used at an increasing rate. Due to the overwhelming demand and dwindling public resources, it has become necessary to Regular City Council Meeting January 22, 2008 15 place a moratorium on residential development to maintain the status quo while allowing Council with the assistance of its staff, various Council committees and stake-holders to ~"'~ t develop growth management strategies as it relates to public resources. b. The moratorium will apply to all new residential subdivisions as defined herein. Since new residential developments are placing a strain on public resources, maintaining status quo in residential development will allow the City the time necessary to evaluate and development growth management strategies without usurping public resources during the process. c. The moratorium will be in place for a period of six months from the date of adoption and shall expire on July 21, 2008. Six months is necessary to allow for development of comprehensive strategies to address the issues and to provide to sufficient time for dialogue among stake-holders and the public to adopt wise policies, ordinances, plans, and procedures. d. City staff will evaluate current policies and the status of public resources. Staff will then research and develop alternative methods for use of public resources and growth management strategies. Various City committees such as the Land Development Committee, Environment and Water Resources Committee, Annexation Committee, Transportation Committee, Planning Board and others working with stake-holders will discuss, evaluate, and make recommendations regarding the use of public resources and growth management strategies proposed. Plans will include adoption or amendment of ordinances, land use plans, and other policies will include public hearings as needed. All such activities are to be completed and implemented within the six month moratorium period. NOW THEREFORE, BE IT ORDAINED by the City Council of Monroe: 1. That a moratorium be enacted from this date, January 22, 2008, for a period not to exceed one hundred eighty (180) days for all new single family residential subdivisions and shall expire on July 21, 2008. 2. Area. This ordinance shall apply to all properties within the City of Monroe's corporate limits, as well as properties within its Extra-territorial Jurisdiction. 3. Definition. As used in this ordinance the term listed below shall have the following meaning: SINGLE FAMILY RESIDENTL4L SUBDIVISION.• The creation of multiple lots from a single lot with the intent to sell, deed, or to develop for single family residential uses. " During this period, staff will take measures to study and possibly propose amendments to current growth policies and guidelines to ensure that the City will be able to handle the expected growth within and around the City. The moratorium will apply to all preliminary plat approvals. Council Member Jordan stated that he thought the moratorium was for the purpose of addressing the water shortage. However, Council Member Jordan stated that the more staff read the findings he felt this started mirroring the growth ordinance that had been incorporated by other entities of government. He questioned how this moved from a consideration of being able to provide a valuable resource to a growth ordinance. Mr. Herron stated that in staff's discussions with the City Attorney, staff wanted to ensure that the proposed Ordinance covered all possible reasons that Council would want to study as far as Regular City Council Meeting January 22, 2008 16 considering the moratorium. He advised that Council could limit the study to any one particular area; however, staff wanted to ensure that it was all encompassing for whatever Council chose to study during the moratorium period. Council Member Jordan expressed concern with the City limiting residential growth which kept the City having a balanced growth between business and residential because of the number of schools that were being built in the County. He stated that if the County Commissioners wanted to limit their residential growth to keep from building schools then he felt this was something the City might want to consider, but until the County Commissioners do that, he did not see why the City should put a hold on the tax base possibilities and have it defined in a moratorium which is primarily supposed to be addressing the water shortage. Mayor Pro Tem Bazemore expressed reservation with the words "not to exceed" that were stated in the Ordinance. He questioned if the water situation was the same in six months, could the moratorium be extended. City Attorney Sholar stated that moratoriums could be extended. An extension would require a public hearing .process and the City would have to define why the moratorium needed to be extended and what conditions existed to require an extension. In response to a question, Mr. Herron confirmed that the moratorium being presented only addressed residential development. Council Member Keziah stated that the City needed to be a part of the solution to overcrowded schools and not part of the problem. He stated that what the Council could control in the City of Council Member Jordan disagreed with the statement of Council Member Keziah. He stated that the only issue he was raising was the language in the proposed Ordinance stating why the City wanted to approve a moratorium. Council Member Jordan stated that the County was not building schools because of the residential growth occurring in Monroe. Monroe was what this board was elected to do. Council Member Keziah agreed that the water supply was the primary issue; however, he felt that in studying a moratorium, the City should look at all aspects. Council Member Jordan stated that the businesses and residents in Monroe already had 17% of the debt that was taken on by the County and they had no choice in the matter. He stated that the County was going to allow the residential growth to accommodate certain areas of the County and citizens and businesses in the City of Monroe were paying for it. He stated that it concerned him that the City would have something in the moratorium that mirrored the growth ordinances that are occurring throughout this state and nation. Council Member Jordan stated that the City was supposedly looking at how to figure out how a valuable resource could be provided in order to have quality residential growth go on in the City. Council Member Jordan stated that the way the moratorium was being proposed, if someone were to vote against the moratorium, then it gave someone the leverage to say that person was in favor of all these subdivisions, not~care about water, etc. Regulaz City Council Meeting January 22, 2008 17 Council Member Ashcraft stated that the Ordinance not only gave the latitude to not just look at water, but to also look at police, fire, sewer, etc. Council Member Jordan stated that he did not mention police, fire, or sewer. He restated that the only issue he raised was whenever you included schools, this was the subject the County almost invariably puts down as the number one reason to stop growth. He stated that this becomes a growth control measure so that schools could be looked at. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Ordinance ApprOVln~ Six-Month Moratorium on Residential Subdivision Development. Mayor Pro Tem Bazemore moved to adopt Ordinance 0-2008-04: ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES AND THE LAND DEVELOPMENT PLAN 0-2008-04 Preamble BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE AN ORDINANCE OF THE CITY OF MONROE, NORTH CAROLINA, PROVIDING FOR THE ESTABLISHMENT FROM THIS DATE A MORATORIUM ON NEW SINGLE FAMILY RESIDENTIAL SUBDIVISION APPROVAL FOR A PERIOD OF ONE HUNDERD EIGHTY (180) DAYS. WHEREAS, adequate public facilities, resources, and infrastructure are necessary for the approval of any new development to insure the protection of public Health, safety, welfare and project success; and WHEREAS, adequate public facilities, resources, and infrastructure also provide quality of life for residents and businesses in the City; and WHEREAS, Monroe City Council and City staff are concerned that the grow of residential development within the City and requests for new residential development outside the City be annexed into the City is at such a rate that the ability of the City, County, and State to provide adequate public facilities, resources, and infrastructure is questionable; and WHEREAS, the City of Monroe needs to maintain the status quo to provide time to investigate, study, and develop ordinances and growth strategies to control residential growth and assure the provision of public facilities to serve future growth. Upon consideration of the comments received during the public hearing and advice of City staff, Monroe City Councils finds and enters the following FINDINGS OF FACTS: 1. The City of Monroe has approved seven (7) new major residential subdivisions in the past two (2) years which include 882 building lots. Regular City Council Meeting January 22, 2008 18 2. The City has experienced an unprecedented demand for approval of new residential developments over the past few months. 3. Countywide including the City of Monroe the Union County Public Schools has built six (6) new schools in the past two (2) years to accommodate new growth in residential development and regularly request bond approval in order to pay for providing adequate classroom space. 4. The City of Monroe is experiencing water shortages brought about by increased development and associated water use and the drought of record which has resulted in the City implementing and enforcing Stage 3 water restrictions. 5. Union County has become a major bedroom community for the, Charlotte region and the City of Monroe is experiencing inadequacies in road, highway and transportation infrastructure due to heavy congestion on City streets and roads due to residential development. 6. Due to increased residential development in areas outside the City's central urban core, police and fire are quickly approaching a point of exceeding its capacity to serve our population in a timely manner, at all times, as public demands put pressure on existing resources making additional personnel, equipment, and fire stations necessary for prompt response need to keep citizens safe. 7. It is imperative that the City of Monroe develops programs and policies to ensure that development does not continue to strain the aforementioned resources beyond their abilities to properly serve the citizens of the City and Monroe and todevelop appropriate ordinances, policies, and strategies for residential growth management. 8. The Monroe City Council makes and enters the following findings required by North Carolina General Statute § 160A-381(e): a. The problems and conditions necessitating the moratorium is based upon the recent explosive growth in the demand for approval of residential development in the City of Monroe and the conditions described above. The City attempted to consider requests for new residential development based upon procedures, ordinances, Land Development Plan, and criteria then in existence and requested various committees to evaluate demand for new development in the City. However, the City continued to be inundated with requests for new developments while finite public resources and infrastructure continued to be used at an increasing rate. Due to the overwhelming demand and dwindling public resources, it has become necessary to place a moratorium on residential development to maintain the status quo while allowing Council with the assistance of its staff, various Council committees and stake-holders to develop growth management strategies as it relates to publicjresources. b. The moratorium will apply to all new residential subdivisions as defined herein. Since new residential developments are placing a strain on public resources, maintaining status quo in residential development will allow the City the time necessary to evaluate and development growth management strategies without usurping public resources during the process. c. The moratorium will be in place for a period of six months from the date of adoption and shall expire on July 21, 2008. Six months is necessary to allow for development of comprehensive strategies to address the issues and to provide to sufficient time for dialogue among stake-holders and the public to adopt wise policies, ordinances, plans, and procedures. d. City staff will evaluate current policies and the status of public resources. Staff will then research and develop alternative methods for use of public resources and growth management strategies. Various City committees such as the Land Development Committee, Environment Regular City Council Meeting ~ January 22, 2008 ' 19 and Water Resources Committee, Annexation Committee, Transportation Committee, Planning Board and others working with stake-holders will discuss, evaluate, and make recommendations regarding the use of public resources and growth management strategies proposed. Plans will include adoption or amendment of ordinances, land use plans, and other policies will include public hearings as needed. All such activities are to be completed and implemented within the six month moratorium period. NOW THEREFORE, BE IT ORDAINED by the City Council of Monroe: 1. That a moratorium be enacted from this date, January 22, 2008, for a period not to exceed one hundred eighty (180) days for all new single family residential subdivisions and shall expire on July 21, 2008. 2. Area. This ordinance shall apply to all properties within the City of Monroe's corporate limits, as well as properties within its Extra-territorial Jurisdiction. 3. Definition. As used in this ordinance the term listed below shall have the following meaning: I SINGLE FAMILY RESIDENTIAL SUBDIVISION: The creation of multiple lots from a single lot with the intent to sell, deed, or to develop for single family residential uses. Adopted this 22"d day of January, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 14. Request for Waiver of Fast Track Fee from Uriion County Public Schools for Monroe High School Zoning Change. Assistant City Manager Herron stated that staff had received a written request from the Union County Public Schools for a waiver of the fast track fee for the Monroe High School zoning change which included approval of a stadium, tennis courts, and parking area. Council Member Keziah made a motion to approve the waiver of the fast track fee from Union County Public Schools for the Monroe High School Rezoning change. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 15. Recommendation of Annointment from Citizens Annointment Committee. Council Member Nash advised that the Citizens Appointment Committee met on January 14, 2008 to consider upcoming appointments and reappointments to various Boards and Commissions. Following the consideration of applications and discussion, unanimous action was taken to recommend appointment as follows: Regular City Council Meeting January 22, 2008 20 Board/Commission Action EffectiveiDate Date Term to Ex ire Economic Develo ment A oint Gregory Raye 1/22/08 11/01/2010 Council Member Smith moved to approve the recommended! appointment as outlined above. Council Member Nash seconded the motion, which passed unanimously with the following votes: f AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~ Item No.16. Downtown Director. j ` A. Motion to Start Process to Begin Search for Downtown Director. Council Member Nash made a motion to start the process to begin the search for a Downtown Director. Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Appointment of Downtown Advisory Committee. Mayor Kilgore appointed Council Member Ashcraft, Council Member Nash, and Assistant City Manager Herron to a Downtown Advisory Committee to begin the search for a Downtown Director. Item No. 17. Public Comment Period. A. Mr. Butch Allen. Mr. Butch Allen, the owner of FlexBuy Homes, addressed Council concerning the property at 302 South Washington Street. He advised that he had been attempting to repair this home; however, he ran into some difficulty. Mr. Allen advised that he received a letter from the Code Enforcement Department advising that the deadline for either the sale/repair or demolition of the house was scheduled for January 28, 2008. Mr. Allen advised that he secured financing for the repairs and had new contractors capable of performing the work to meet the deadlines. Mr. Allen requested an extension of time to repair the home. A brief period of discussion followed. Item No. 18. Closed Session - N.C.G.S. 143-318.11(a)(5) and N.C.G.S. 143-318.11(a)(6). Council Member Nash moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(5) and N.C.G.S. 143-318.11(a)(6). Council Member Smith seconded the motion, which passed unanimously with the following votes: " AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting January 22, 2008 21 i Upon return from Closed Session and there being no further b',usiness, the Regular City Council Meeting of January 22, 2008 adjourned at 9:35 p.m. Attest: O 1 Brid tte H. Robi on, i y Clerk o ~ -2z-os (~ '~ Regular City Council Meeting January 22, 2008 22