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03/20/2001 e e 3. 4. e 5. 6. e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 March 20, 2001 - 6:30 p.m. AGENDA 1. Resolution to Honor Jane Hankins CONSENT AGENDA 2. Minutes of Special City Council Planning Retreat of February 21-23,2001 Minutes of Special City Council Legislative Breakfast of March 5, 2001 Minutes of Regular City Council Meeting of March 6, 2001 Minutes of Land Development Committee Meeting of December 14, 2000 Minutes of Transportation Committee Meeting of Februaqr 8, 2001 Minutes of Planning Board Meeting of February 7,2001 Minutes of Parks and Recreation Commission Meeting of January 16, 2001 An Ordinance Enacting and Adopting Sixth Supplement to the Code of Ordinances Community Development Block Grant Program (CDBG) Revitalization Strategies Program - Request to File Pre-Application Request to Submit Grant Proposal for Laptop Computers Acceptance of Grant Funds for In-Car Video Camera System 7. Budget Amendment - Bulletproof Vests Grant 8. Call for Public Hearings to be Held April 3, 2001 A. Project # 01-130-00002 ~ Rezoning Request - R-40 (Low Density Single Family Residential) to R-20-SU (Low/Moderate Density Single Family Residential Special Use) - 29.07 Acres Located North of Fox Hunt Drive and East of Fowler-Secrest B. Project # 01-110-00002 - Special Use Permit Request - 45 Lot R-20-SU Major Subdivision (Fox Hunt-Phase 5) - 29.07 Acres Located North of Fox Hunt Drive and East of Fowler- Secrest C. Project # 01-120-00009 - Zoning Text Change Request - Addition of Truck Rental Establishments as a Permitted Use in B-1 and B-I-SU Zoning District 9. Proclamation - "Fair Housing Month" and "Fair Housing Day" 10. North Carolina League of Municipalities Regional Legislative Meeting - April 26, 2001 REGULAR AGENDA 11. Public Hearings A. Project #01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Single-Family Residential) to B-I-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte 60 e e e Highway Between Carroll Street and Olde Towne Drive (Continued from March 6, 2001 Council Meeting) B. Project #01-110-00003 - Special Use Permit Request - Request to Add a 900 Square Foot Bookstore, a 2,100 Square Foot Storage Building, and a 10,000 Square Foot Addition to the Existing 10,000 Square Foot Church Building - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive (Continued from March 6, 2001 Council Meeting) C. Proposed Street Closing of Unopened Alley Between Jerome Street and Adams Street D. To Amend Title XV, Chapter 156: Land Usage - Modificatiollof Existing Paving Requirements (Section 156.125) E. To Amend Title XV, Chapter 155: Land Usage - Rewrite of the Watershed Ordinance 12. Action from Public Hearings: A. Project #01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Single-Family Residential) to B-I-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive (Continued from March 6, 2001 Council Meeting) B. Special Use Permit - Project #01-110-00003 - Request to Add a 900 Square Foot Bookstore, a 2,100 Square Foot Storage Building, and a 10,000 Square Foot Addition to the Existing 10,000 Square Foot Church Building - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive (Continued from March 6, 2001 Council Meeting) C. Proposed Resolution - Street Closing of Unopened Alley Between Jerome Street and Adams Street D. Ordinance To Amend Title XV, Chapter 156: Land Usage - Modification of Existing Paving Requirements (Section 156.125) E. Ordinance To Rewrite Title XV, Chapter 155: Land Usage - Rewrite of the Watershed Ordinance 13. Approval of Proposed Franchise Agreement with Browning-Ferris Industries (BFI), First Reading 14. Award of Contract - Corporate Center Phase IV Roadway Construction 15 . Wastewater Treatment Plant Expansion Project Timing Analysis A. Rejection Bids B. Resolution to Establish Capital Reserve Fund e 16. Waiver of "Outside" Utility Connection Fees - 2303 Stafford Street Extension e 17. Budget Ordinance Amendment - Change in Financing Mechanism for Capital Project WR -00-61 Water Treatment Plant Improvements 18. Closed Session - Litigation (SMD Enterprises, Inc. dba Yellow Cab vs. City of Monroe), Property Acquisition 19. SMD Enterprises, Inc. (dba Yellow Cab). A. Budget Amendment B. Settlement Agreement 03-20-0 I 61 e . e . e CITY OF MONROE CITY COUNCIL MEETING MARCH 20, 2001 - 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 March 20, 2001, with Mayor Judy L. Davis presiding. Present: Mayor Judy L. Davis, Mayor Pro Tern P. E. Bazemore, Council Members Phil Hargett, Billy A. Jordan, Lynn Keziah, Bobby G. Kilgore, Robert J. Smith, City Manager S. Douglas Spell, City Attorney John Milliken, and City Clerk Jeanne M. Deese. Absent: None. Visitors: Annie J. Allen, Linda Ashendorf, Don Beck, Mary Chandler Beck, J. Bentley, Christopher Ciaccio, Russ Colbath, Stevie Cox, Mark Donham, La Vondra Edwards, Rev. Mitchell Griffin, Don Hankins, Jane Hankins, Hildran Hilton, Jim Loyd, Ken Miller, Kris Miller, Richard Miller, Redd Osborne, Susan M. Osborne, Troy Penny, Reggie Secrest, David Williams, and others. Mayor Davis called the Regular City Council Meeting of March 20, 2001 to order at 6:30 p.m. A quorum was present. Item No. 1. Resolution to Honor Jane Hankins. Council Member Kilgore moved to adopt Resolution R-2001-23: RESOLUTION OF THE MONROE CITY COUNCIL HONORING JANE HANKINS R-200l-23 WHEREAS, the City Council wishes to express its sincere appreciation to Jane Hankins for her loyal and dedicated public service to the City of Monroe over the past three years; and WHEREAS, Jane Hankins served on the Land Development Committee and the Board of Adjustment; and WHEREAS, Jane Hankins is one of those special individuals whose qualities of honesty, integrity, and loyalty have endeared her to her fellow committee and board members, the Mayor and City Council, and the citizens of this community; and 62 e e e e . WHEREAS, Jane Hankins has given so unselfishly of her time, energy and resources to be an influence for good in our community, and has earned and justly deserves this public recognition for her years of service to our community; and WHEREAS, the City of Monroe is most grateful for the personal contributions Jane Hankins has given our community. NOW, THEREFORE, BE IT RESOLVED that I, Judy L. Davis, on behalf of the City Council and all our citizens, do hereby extend to Jane Hankins our sincere appreciate for her distinguished service and extend our very best wishes to Jane and her family for future success. BE IT FURTHER RESOLVED that this Resolution be entered upon the permanent Minutes of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 20th day of March, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Mayor Davis recognized Ms. Hankins and presented a framed Resolution which she read for the record. Ms. Hankins expressed her gratitude for the Resolution and expressed deep appreciation to members of Council and City Staff for all the help they had given her over the years. CONSENT AGENDA: Mayor Davis reviewed the Consent Agenda and asked if any member of the Council or the public would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. No such request was received. 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.2. Minutes. A. Minutes of Special City Council Plannin~ Retreat of February 21-23. 2001. Council Member Kilgore moved to approve the Minutes of the Special City Council Planning Retreat of February 21-23, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: 63 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Minutes of Special City Council Le~islative Breakfast of March 5. 2001 Council Member Kilgore moved to approve the Minutes of the Special City Council Legislative Breakfast of March 5, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: c. Minutes of Ree:ular City Council Meetine: of March 6. 2001. Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of March 6, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Land Development Committee Meeting of December 14, 2001, Minutes of the Transportation Committee Meeting of February 8, 2001, Minutes of the Planning Board Meeting of February 7, 2001, and Minutes of the Parks and Recreation Committee Meeting of January 16, 2001 were received as information by Council. Item No.3. An Ordinance Enactinl: and Adoptine: the Sixth Supplement to the Code of Ordinances. Council Member Kilgore moved to approve 0-2001-13: AN ORDINANCE ENACTING AND ADOPTING THE SIXTH SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MONROE, NORTH CAROLINA 0-2001-13 WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the Sixth supplement to the Code of Ordinances of the City of Monroe, NC, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Municipal Corporation; and WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on, or make reference to, sections of the North Carolina General Statutes; and WHEREAS, it is the intent of the City Council to accept these updated sections in accordance with the changes of the laws of the State of North Carolina; and 64 WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this e ordinance take effect at an early date; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE, STATE OF NORTH CAROLINA: e e e e Section 1. That the Sixth supplement to the Code of Ordinances of the City of Monroe, NC as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety. Section 2. Such supplement shall be deemed published as of the day of its adoption and approval by the City Council, and the City Clerk is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk. Section 3. This ordinance shall be in full force and effect on and from the date of its adoption. PASSED AND ADOPTED by the Monroe City Council on this 20th day of March. 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.4. Community Development Block Grant Proeram (CDBG) Revitalization Strateeies Program - Reauest to File Pre-Application. Planning Director Rhea advised by memorandum that this is a consideration of a request for City Council's approval to apply for a Revitalization Strategies Grant through the North Carolina Department of Community Assistance (NCDCA) called the Revitalization Strategies Program. Monroe is one of 90 cities in North Carolina that expressed an interest in the program in December of last year. Up to $350,000 a year could be available to the City for a period of three or five years. Funds from the Revitalization program may be used for various activities such as: housing, down payment assistance, daycare, planning activities, acquisition of property, infrastructure, streetscape, police and/or fire substations, education, job training, and job creation. The grant must be utilized in neighborhoods that have at least a 25 % poverty level. Monroe has two neighborhoods that meet the poverty criteria: Winchester has a 36.4% poverty level and Sutton Park has a 29.1 % poverty level. City staff attended various community meetings to receive input regarding the potential application. Council Member Kilgore moved to approve the filing of a Revitalization Strategy Application with NCDCA. Council Member Smith seconded the motion, which passed unanimously with the following votes: 65 e NAYS: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None AYES: Item No.5. Request to Submit Grant Proposal for Laptop Computers. Police Chief Haulk requested approval by memorandum to submit a grant application to the COPS Office for laptop computers. This grant would enable the Police Department to have full and complete access to the latest technology. Currently, 50 officers have a laptop computer mounted in their police cars. With this grant proposal, the Police Department would install 20 additional laptop computers. This will complete the project to outfit all of the patrol cars with laptop computers. e The officers who do have the laptops installed in their cars have access to the latest technology. They are able to do their reports with the computers. This not only streamlines the process, but it also allows for a much neater and cleaner typed written report. These officers also have access to the Division of Criminal Investigation (DCI) where they can submit and retrieve their own license information without having to go through the central dispatch system. This frees up valuable airtime on the Police radio channel for more important traffic. The total cost of the grant would be $150,000.00. The City of Monroe's match will be 25 percent or $37,500.00, based on the total cost. e Council Member Kilgore made a motion to authorize the grant proposal for the laptop computers. Council Member Smith seconded the motion, which passed unanimously with the following votes: NAYS: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None AYES: e Item No.6. Acceptance of Grant Funds for In-Car Video Camera System. Police Chief Haulk advised by memorandum that the Police Department had been awarded up to $18,000.00 from the Governor's Highway Safety Program (GHSP) to purchase four in-car video cameras. This money is funded by the GHSP to law enforcement agencies across the State for highway safety initiatives. There is no match required with this grant. The only cost that will have to be absorbed is to have the cameras installed in the vehicles. Currently, with the addition of these cameras, there are cameras in all marked patrol cars, except for the four Lieutenants and five other older patrol cars. Council Member Kilgore moved to accept the grant and to designate and appropriate the funds as outlined by staff. Council Member Smith seconded the motion, which passed unanimously e with the following votes: 66 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.7. Bude:et Amendment - Bulletproof Vests Grant. Police Chief Bobby Haulk advised by memorandum that the Police Department had been awarded $5,316.89 from the Bulletproof Vest Partnership Grant. This money is funded to help offset and absorb the costs for purchasing vests for the Police Department. There is no match required because these vests have already been purchased out of the regular budget. Council Member Kilgore moved to designate and appropriate funds in the amount of $5,316.89 for this grant. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.8. Call for Public Hearines to be Held April 3. 2001. A. Project # 01-130-00002 - Rezonine Request - R-40 (Low Densitv Sinele Familv Residential) to R-20-SU (Low/Moderate Densitv Sinele Familv Residential Special Use) - 29.07 Acres Located North of Fox Hunt Drive and East of Fowler-Secrest. Council Member Kilgore moved to call for a public hearing to be held April 3, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Project # 01-110-00002 - Special Use Permit Request - 45 Lot R-20-SU Major Subdivision (Fox Hunt-Phase 5) - 29.07 Acres Located North of Fox Hunt Drive and East of Fowler-Secrest. Council Member Kilgore moved to call for a public hearing to be held April 3, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: c. Project # 01-120-00009 ~ Zonine: Text Chane:e Request - Addition of Truck Rental Establishments as a Permitted Use in B-1 and B-I-SU Zonine: District. Council Member Kilgore moved to call for a public hearing to be held April 3, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: 67 e e - e . AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.9. Proclamation - "Fair Monsin!! Month" and "Fair Monsine Day". Council Member Kilgore moved to adopt Proclamation P-2001-02: PROCLAMATION FURTHERING FAIR HOUSING MONTH - APRIL 2001 P-2001-02 WHEREAS, the City of Monroe and its citizens are aware of the need for affordable, decent and quality housing for all individuals and families; and the city is committed to guarantee that every individual and family may choose a place to live without fear of discrimination because of their race, color, national origin, religion, sex, family status, and/or disability; and WHEREAS, April 2001 marks another milestone in the history of civil rights in this country by acknowledging the 17fu anniversary of the North Carolina Fair Housing Act and the 33rd anniversary of the passage of the Title VIII of the Civil Rights Act of 1968, better known as the Fair Housing Act; and WHEREAS, Citizens in the City of Monroe, the Monroe-Union County Community Development Corporation, and various realtor associations have joined an effort entitled "Many Neighborhoods - One America" to highlight the Fair Housing Act. NOW, THEREFORE, BE IT PROCLAIMED that I, Judy L. Davis, Mayor of the City of Monroe, do hereby proclaim April as "FAIR HOUSING MONTH" and Friday, April 27,2001 as "FAIR HOUSING DAY" in the City of Monroe, North Carolina. Adopted this 20th day of March 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 10. North Carolina Leaeue of Municipalities Reeional Leeislative Meedn!! - April 26. 2001. The Regional Legislative Meetings will be held in late March and April. The closest meeting to Monroe will be a lunch meeting in Concord on April 26, 2001. The Mayor and Council Members will advise the City Clerk of any registration and travel accommodation needs. 68 e e e e e REGULAR AGENDA Item No. 11. Public Hearines. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. A. Proiect #01-130-00001 - Rezoninl: Request - R-20 (Low/Moderate Density Sinl:le- Family Residential) to B-I-SU (Neil:hborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive (Continued from March 6. 2001 Council Meetine). Mayor Davis opened this continued quasi-judicial public hearing. Persons who were sworn in before did not need to be re-sworn to speak at this meeting. Mayor Davis advised that a dual public hearing will be held to consider this request and Item Il(b), a Special Use Permit request for the same property. Action on the two separate requests will be voted on separately. Planning Director Carol Rhea stated that at the last City Council meeting this item was continued to allow the neighbors and the petition (Open Book Baptist Church) to work out issues of incompatibility. Reverend Mitchell Griffin from Open Book Baptist Church advised that the parties had agreed that the church will put up an eight foot fence down the property line. Mr. Kenneth Miller from Olde Towne Estates thanked Rev. Griffin for working with the community. He felt the solution would protect the community's security and privacy. He also thanked Planning Director Rhea, Planning Manager Wayne Herron, and Senior Planner David Fencl for their help. Planning Director Rhea advised that the height of the fence will be lowered to six feet at the property corner for lot number 09301260 to the corner of Open Book Baptist Church. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. B. Proiect #01-110-00003 - Special Use Permit Request - Request to Add a 900 Square Foot Bookstore. a 2.100 SQuare Foot Stora~e Buildin~. and a 10.000 SQuare Foot Addition to the Existinl: 10.000 SQuare Foot Church Buildin!! - 16.551 Acres on Old Charlotte Hiehway Between Carroll Street and Olde Towne Drive (Continued from March 6. 2001 Council Meeting). This continued quasi-judicial public hearing was held in conjunction with Item Il(A) above. C. Proposed Street Closing of Unopened Alley Between Jerome Street and Adams Street. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that Staff recommended that this public hearing be continued until the next City Council Meeting, due to the fact that there is a public storm drainage easement that needs to be obtained. 69 e . e e e Council Member Keziah moved to continue this public hearing to the next Council Meeting to be held April 3, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. To Amend Title XV. Chapter 156: Land Usaee - Modification of Existine Pavinç Reauirements (Section 156.125). Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea stated that this is a request by staff and the Land Development Committee to amend the Off-Street Parking and Driveway Requirements listed in Section 156.125 of the Zoning Ordinance. The proposed amendment will require all new developments to pave or concrete all parking, loading, and driveway areas. Requiring these areas to be paved or concrete will improve the ability of the new developments to control storm water runoff in a more efficient method and provide a safer area for customer and/or employee parking and maneuvering. Paving and/or concrete will also add to the aesthetic appeal of all new developments. Ms. Rhea advised that existing developments will be required to pave or concrete if an expansion is proposed that exceeds 20 percent of the lot coverage as it exists on the date the proposed text amendment is adopted. She further stated that single family residential uses would be required to provide a paved driveway of at least 10 feet in width. The driveway would be required to be paved from the curbline to the garage, whether attached or detached. If no garage exists, the paved driveway must be provided to the front building line of the dwelling unit. In the event that a residential unit sits more than 100 feet from the curbline, the proposed ordinance would not require the paved driveway to extend beyond a point of 100 feet from the curbline. Ms. Rhea stated that the proposed text also allows for exemptions from the paving requirement for temporary parking areas, and parking areas for heavy industrial storage and machinery. In lieu of the paving, these areas must provide gravel or some other acceptable surface for parking. Staff recommended that the City Council adopt an ordinance to approve the text amendment as submitted. Likewise, the Planning Board recommended the text amendment be approved as submitted. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. E. To Amend Title XV. Chapter 155: Land Usae:e - Rewrite of the Watershed Ordinance. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this is a request by staff to rewrite the Watershed Ordinance to remove 70 ·e redundancy, to eliminate inconsistencies between the ordinance and the State rules, and to incorporate changes that Council had approved in the past but which were never incorporated into the text of the regulations. Staff felt that the proposed text would provide an updated, accurate and more readable watershed ordinance. Staff and the Planning Board recommended that the City Council adopt an ordinance to approve the text amendment as submitted. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. . Item No. 12. Action from Public Hearine:s. A. Project #01-130-00001 - Rezonine: ReQuest - R-20 (Low/Moderate Densitv Sine:le- Family Residential) to B-I-SU (Neie:hborhood Business Special Use) - 16.551 Acres on Old Charlotte Hi!!hway Between Carroll Street and Olde Towne Drive (Continued from March 6. 2001 Council Meetine). Council Member Keziah moved BE IT ORDAINED that this property be rezoned from R-20 (Low/Moderate Density Single-Family Residential) to B-1-SU (Neighborhood Business Special Use). Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: :A 4.. AYES: NAYS: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None B. Special Use Permit - Proiect #01-110-00003 - Request to Add a 900 Square Foot Bookstore. a 2.100 Square Foot Storae:e Buildin!!. and a 10.000 Square Foot Addition to the Existine: 10.000 Square Foot Church Buildine: - 16.551 Acres on Old Charlotte Hiehway Between Carroll Street and Olde Towne Drive (Continued from March 6. 2001 Council Meeting). Mayor Pro Tern Bazemore moved BE IT ORDAINED that this Special Use Permit be approved in all respects: - THE CITY OF MONROE, NORTH CAROLINA SPECIAL USE PERMIT On the date(s) listed below, the City Council of the City of Monroe met and held a public hearing to consider the following application: Record Owner(s): Open Book Baptist Church Property Location: 2850 Old Charlotte Hililiwav Tax Map & Parcel # 09-301-167 Acreage: 16.551 . - Deed Reference BOOK 1064 . PAGE 79 71 e 1. 2. e 3. 4. - e e Type and Intensity of Use: 900 SQuare foot bookstore. 2100 SQuare foot storage building. and 10.000 addition to existing 10.000 SQuare foot church buildin~. Meeting Date: March 20,2001 March 20, 2001 Approval Date: SECTION 1. FINDINGS: Having heard all of the evidence and arguments presented at the hearing, the City Council, at its regular meeting, finds and determines that the application is complete, and subject to the conditions imposed below, the following findings are made: The use will not materially endanger the public health or safety if located, designed, and operated according to the plan; and The use or development complies with all regulations and standards of this chapter, as well as any other state or local rule or regulation governing the development of land; and The use or development will not adversely impact surrounding property and will not substantially injure the value of adjoining property; and The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with Monroe Land Development Plan; and 5. Public water and sewer service are available in adequate capacity; and 6. The rezoning of land to a special use district will produce a development of equal or higher quality than otherwise required by the strict application of the provisions of a general use district of similar type and intensity and will therefore benefit the owner, his neighbors, and the surrounding community. SECTION 2. CONDITIONS: Now, therefore, the application to make use of the above described property for the purpose indicated is hereby approved and granted, subject to all applicable provisions of Chapter 156 of the City of Monroe Code of Ordinances, Section 3 of this permit, and the following special condition(s) which the City Council finds to be in the public interest: 1. The development of the tract shall proceed in conformity to all plans and design features submitted as part of the special use permit application and kept on file by the City of Monroe Department of Planning and Development except that the City of Monroe Zoning Administrator may approve minor changes to such plans as defined in Section 156.188 (H) (2); and 2. The petitioner shall extend a water main and install a fire hydrant on the property at their cost which meets the requirements of the City of Monroe Water Resources and Fire Department; and 3. The petitioner shall comply with all zoning and watershed regulations as specified in Chapters 155 and 156 of the Monroe Code of Ordinances before a Certificate of Occupancy can be obtained. SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with the type and intensity of use as herein described and as shown on the approved site plan. Development of the property, however, shall be subject to any and all future amendments to Chapters 155 and 156 of the Monroe Code of Ordinances which do not effect type and intensity of use (e.g. landscaping, design standards, screening, etc) as herein approved. 72 . . e e e SECTION 4. SEVERABILITY AND RECORDATION. Invalidation of anyone or more of these conditions shall not adversely affect the balance of said conditions, which shall remain in full force and effect. This permit shall become null and void if not recorded in the office of the Register of Deeds, Union County, North Carolina, on or before May 22, 2001. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Resolution - Street Closine: of Unopened Alley Between Jerome Street and Adams Street. No action was taken as the public hearing was continued until the April 3, 2001 City Council Meeting. D. Ordinance To Amend Title XV. Chapter 156: Land Usal!e - Modification of Existing Pavine: Requirements (Section 156.125). Mayor Pro Tern Bazemore moved to adopt 0-2001- 02: AN ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-02 Preamble Pursuant to authority conferred by G.S. 160A-381, 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 XV, CHAPfER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Text Amendment Section 1. DELETE Section 156. 125(E)(6) in its entirety. Section 2. SUBSTITUTE Section 156. 125(E)(6) PAVING REQUIRED as follows: 156.125(E)(6) PAVING REQUIRED (a) All uses except single family residential. All parking, loading, and driveway areas shall be paved and maintained with asphalt or concrete. All single family residential uses. All such uses shall be required to have a paved driveway off of a public street which provides a continuous paved surface from the (b) 73 e e e e . (c) edge of pavement or curbline of the public street to the attached or detached garage or carport, if provided, or front building line of the dwelling, if not provided, but such partial pavement shall not in any event be required to extend more than 100 feet beyond the edge of pavement or curbline of the public street. All driveways must be at least ten feet in width at their narrowest point. Vehicle (including boats). manufactured home. and equipment sales. service. and leasing sites. storage and displav. All storage and/or display areas shall be paved with asphalt or concrete. Dumpsters. The area beneath and in the approach to all stationary refuse containers shall be reinforced concrete, 3600 psi minimum. Exceptions. These requirements shall not apply to the following uses, however a zoning permit must be obtained for each parking area described: 1. temporary parking areas used on an irregular basis for seasonal or special events. (d) (e) 2. areas of manufacturing and industrial uses which are used for parking and storage of heavy machinery, equipment, and vehicles provided these areas are constructed with gravel or other comparable all~weather surface. (f) Applicabilitv. Paving shall be required as stated above for: 1. all new parking. loading, and driveway areas serving new construction, including expansions to existing uses, and 2. all parking, loading, and driveway areas, existing and new. serving any use expanded in lot coverage/square footage by more than 20% after the effective date of this ordinance, and 3. all existing parking, loading, and driveway areas serving a use discontinued for a period of 180 days or longer. Section 3. ADD Section 156. 125(E)(7) MISCELLANEOUS REQUIREMENTS as follows: (a) Permit reauired. Prior to construction of any new parking spaces, loading/unloading areas, storage areas or driveways, a zoning permit shall be obtained from the Zoning Administrator. In addition, all new driveways accessing a public street shall, prior to issuance of the zoning permit, be approved by the City of Monroe Department of Engineering or NC Department of Transportation, whichever has jurisdiction. (b) Drainal!:e reauirements. Adequate drainage facilities shall be provided to control runoff for all parking, loading and driveway areas. Review of on-site drainage improvements will be completed in conjunction with the driveway permit application by the City Engineering Department. Storm drainage facilities shall be designed and constructed in a manner which protects public rights~of-way and adjacent properties from run-off and flooding damage. (c) GradiDl! reauirements. All parking facilities, driveways, storage areas, and areas for loading and unloading shall be graded, properly drained, stabilized, and maintained to minimize dust and erosion. (d) Planting area encroachment. All parking spaces shall be provided with wheel guards or curbs, located so that no part of the parked vehicle will extend beyond 74 e e e . e the property line or street right·of-way or encroach more than two feet into a required planting area. Section 4. DELETE Sections 156. 125(F) and 156. 125(G) in their entirety. Section 5. This ordinance shall become effective on the date of its adoption. Adopted this 20th day of March, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: E. Proposed Ordinance To Rewrite Title XV. Chapter 155: Land Usae:e - Rewrite of the Watershed Ordinance. Council Member Smith moved to adopt 0-2001-10: AN ORDINANCE TO REWRITE TITLE XV, CHAPTER 155: WATERSHED PROTECTION ORDINANCE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-10 Preamble Pursuant to authority conferred by G. S. 160A- 381, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 155: WATERSHED PROTECTION ORDINANCE, OF THE CITY OF MONROE CODE OF ORDINANCES IS REWRITTEN AS FOLLOWS: CHAPTER 155 WATERSHED PROTECTION ORDINANCE § 155.01 AUTHORITY AND ENACTMENT. Pursuant to authority granted by 0.5. §160A-381, as amended, and in accordance with the mandates as set forth in G.S. § 143-214.5, as amended, this section of the Monroe Code of Ordinances is hereby adopted. § 155.02 JURISDICTION. The provisions of this chapter shall apply within the zoning jurisdiction of the City of Monroe, but only within areas designated as Water Supply Watersheds by the N. C. Environmental Management Commission. Such areas shall be depicted on the city's official zoning map. 75 -e - e § 155.03 RELATION TO OTHER ORDINANCES, REGULATIONS, AND PLANS. Where a conflict exists between any limitation or requirement contained in this Ordinance and those in any other ordinance, regulation, or plan, the more restrictive limitation or requirement shall apply. Except as otherwise provided herein, this ordinance shall not repeal, abrogate, or revoke any other ordinance, regulation or plan. This chapter is intended to be a supplement to Chapter 156, Zoning Code, of the City of Monroe Code of Ordinances inasmuch as the watershed districts established herein serve as zoning overlay districts. All requirements, definitions, procedures, processes and other parts of Chapter 156 shall apply to development within the watershed overlay districts except as noted above. § 155.04 RELATIONSHIP TO ANY PENDING ACTIONS. The adoption of this Ordinance will not affect any action, suit, or proceeding, which may be pending at the time the Ordinance is adopted. With respect to the subject matter of any pending action, all rights and obligations that exist under any previous zoning ordinances, which have been superseded by this Ordinance, are still valid and may be preserved and enforced. All suits of law and/or prosecutions resulting from violation of any Watershed Ordinance heretofore in effect, which are now pending in any of the courts of this State or of the United States shall not be abated or abandoned by reason of the adoption of this Ordinance but shall be prosecuted to their finality, the same as if this Ordinance had not been adopted, and any and all violations of the existing Watershed Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted. Nothing in this Ordinance shall be construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted. § 155.05 SEVERABILITY. If any section or specific provision or standard of this ordinance or any watershed district boundary arising from it is found by a court to be unconstitutional or invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations, except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect. § 155.06 EFFECTIVE DATE. ·e These regulations shall become effective on March 21, 2001. Upon such date, these regulations shall replace the Monroe Watershed Protection Ordinance adopted on June 22, 1993 and any amendments to said ordinance made after that date. - § 155.07 DEFINITIONS. For the purpose of this chapter, certain words or terms are herein defined. Except as defined herein, all other words shall have their everyday dictionary definition. AGRICULTURAL USES. The use of waters for stock watering, irrigation, and other farm purposes. BALANCE OF WATERSHED. That part of a water supply watershed that does not lie within the critical area. 76 e e e e e BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals. BUFFER. A natural or vegetated area through which stormwater runoff flows in a diffused manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer shall be measured landward from the normal pool elevation of impounded structures (lakes) and from the bank of each side of streams or rivers. BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads and parking lots, recreation facilities (e.g., tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious). Built upon areas shall be determined on a project-by-project basis. CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. DISCHARGING LANDFILL. A facility with liners, monitoring equipment, and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream. EXISTING DEVELOPMENT. Those projects that were built on or before July 1, 1993 or those projects subsequently built under a valid vested right established prior to July 1, 1993 based on at least one of the following criteria: (1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or (2) Having an outstanding valid building permit as authorized by G.S. § 160A-385.1, or (3) Having expended substantial resources (time, labor, money) and having an approved site specific or phased development plan as authorized by G.S. § 160A-385.1. EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds prior to July 1, 1993 or a lot described by metes and bounds, the description of which has been so recorded prior to July 1, 1993. (Note: This definition containing the date July 1, 1993 shall be applicable only to this chapter.) HAZARDOUS MATERIAL. Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, stipulation CERCLA Hazardous Substances, or Section 322 of CW A (oil and hazardous substances). PERENNIAL WATERS. All streams, lakes, rivers, and other bodies of water shown as perennial on the most recent versions of U.S.G.S. 1:24,000 scale (7.5 minute quad) topographic maps, or as determined by NC DENR Division of Water Quality. 77 · e e e - TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion. inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects. VARIANCE, MAJOR. A variance that results in anyone or more of the following: (1) The complete waiver of a management requirement; (2) The relaxation, by a factor of more than 10 %, of any management requirement that takes the form of a numerical standard; (3) The relaxation of any management requirement that applies to a development proposal intended to qualify under the high density option. VARIANCE, MINOR. A variance that does not qualify as a major variance. WATER DEPENDENT STRUCTURES. Structures for which the use requires access or proximity to or sitting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. WATERSHED. The entire land area contributing surface drainage to a specific point (for example, the water supply intake). § 155.0S EXCEPTIONS TO APPLICABILITY. (A) It is not intended that these regulations interfere with any easement, covenant or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control. (B) Existing development as defined in this chapter, is not subject to the requirements of this chapter. Expansions to structures classified as existing development on any lot other than a lot containing a single-family residence as the principal use must meet the requirements of this chapter; however, the built-upon area of existing development is not required to be included in the density calculations. (C) A pre-existing lot owned by an individual prior to July 1, 1993, regardless of whether or not a vested right has been established, may be developed or used for single-family residential purposes without being subject to these regulations. However, this exemption is not applicable to multiple contiguous vacant lots under single ownership where recombination of such lots will bring them into greater conformity with this chapter. § 155.09 ESTABLISHMENT OF DISTRICTS. The following districts are hereby established as zoning overlay districts and shall be in place and are depicted on the city's official zoning map: (1) WS-III-CA (Critical Area) Overlay District. 78 .e e e e e (2) WS-III-BW (Balance of Watershed) Overlay District. (3) WS-IV -CA (Critical Area) Overlay District. (4) WS-IV -PA (Protected Area) Overlay District. § 155.10 REGULATIONS WHICH APPLY IN ALL WATERSHED OVERLAY DISTRICTS. (A) General Development Standard. All projects must minimize built-upon surface area, direct stormwater away from surface waters and incorporate best management practices (BMP's) to minimize water quality impacts. (B) Aooroval. The Zoning Administrator is authorized to approve low density and high density projects consistent with all other applicable provisions of this chapter. (C) Uses Permitted. All uses permitted in the underlying zoning district are permitted in the watershed district, except those listed in § 155. 10, subject to the requirements of this chapter, and other applicable local, state and federal regulations. (D) Uses Prohibited Generallv. Discharging landfills and the storage of toxic and hazardous materials, unless a spill containment plan is implemented, are prohibited in all watershed districts. (E) Buffers Required Along Perennial Waters. A minimum 100 foot vegetative buffer is required for all new development activities using the high density or 10/70 option. A minimum 30 foot vegetative buffer is required for all new development activities using the low density option. (F) Development in Buffer Areas. No new development is allowed in the vegetative buffer area except for water dependent structures and public projects such as road crossings, utility lines, and greenways, where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters, and maximize the utilization of stormwater best management practices (G) Cluster Subdivisions. Cluster subdivisions are permitted within watershed overlay districts in accordance with the guidelines as established in Chapter 156, Zoning Code, as long as they meet the following additional criteria: (1) The overall density of the subdivision (units/acre) does not exceed the allowed density as established herein under the low density option for the watershed overlay district in which it is located; and (2) Built-upon areas are designed and located to mlmmlze stormwater runoff impact to receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas; and (3) Areas of concentrated density development are located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways; and (4) Developments shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable. 79 e e e e e § 155.11 WS-III-CA CRITICAL AREA. (A) Low Densitv Option. In order to maintain a moderate lånd use intensity pattern, single-family residential uses are allowed with a minimum lot size of 40,000 square feet, except within an approved cluster subdivision. All other development shall be allowed a maximum of 12 % built- upon area on a project-by-project basis if the low density option is used. (B) Hi2h Densitv Option. Non single-family residential development, which includes duplexes, multi- family residential, commercial, and industrial development, is permitted to develop using the high density option. Development shall not exceed a built-upon area of 30% on a project-by-project basis and must incorporate engineered stormwater control structures and maintenance programs as outlined in § 155.15. (C) Uses Prohibited. Landfills and sites for land application of sludge and residuals or petroleum contaminated soils shall be prohibited. § 155.12 WS-III-BW BALANCE OF WATERSHED. (A) Low Densitv Option. In order to maintain a moderate land use intensity pattern, single-family residential uses are allowed with a minimum lot size of 20,000 square feet, except within an approved cluster subdivision. All other development shall be allowed a maximum of 24% built- upon area on a project-by-project basis if the low density option is used. (B) High Densitv Option. Non single-family residential development, which includes duplexes, multi- family residential, commercial, and industrial development, is permitted to develop using the high density option. Development shall not exceed a built-upon area of 50% on a project-by-project basis and must incorporate engineered stormwater control structures and maintenance programs as outlined in § 155.15. § 155.13 WS-IV-CA CRITICAL AREA. (A) Applicabilitv. Only new development activities that require a Sedimentation/Erosion Control Plan under state law are required to meet the provisions of these regulations when located in the WS-IV- CA district. (B) Low Densitv OPtion. In order to maintain a moderate land use intensity pattern, single-family residential uses are allowed with a minimum lot size of 20,000 square feet, except within an approved cluster subdivision. All other development shall be allowed a maximum of 24 % built- upon area on a project-by-project basis if the low density option is used. (C) High Densitv Option. Non single-family residential development, which includes duplexes, multi- family residential, commercial, and industrial development, is permitted to develop using the high density option. Development shall not exceed a built-upon area of 50% on a project-by-project basis and must incorporate engineered stormwater control structures and maintenance programs as outlined in § 155.15. (D) Uses Prohibited. Landfills and sites for land application of sludge and residuals or petroleum contaminated soils shall be prohibited. 80 e e e e e § 155.14 WS-IV-PA PROTECTED AREA. (A) Applicabilitv. Only new development activities that require a Sedimentation/Erosion Control Plan under state law are required to meet the provisions of these regulations when located in the WS-IV- P A district. (B) Low Densitv OPtion. In order to maintain a moderate land use intensity pattern, single-family residential uses are allowed with a minimum lot size of 20,000 square feet in areas where curb and gutter is required, or 15,000 square feet in size for projects in areas where curb and gutter is not required, except within an approved cluster subdivision. All other development shall be allowed a maximum built-upon area of 24% in areas where curb and gutter is required, or 36% in locations where curb and gutter is not required, on a project-by-project basis if the low density option is used. (C) HÜzh Densitv Option. Non single-family residential development, which includes duplexes, multi- family residential, commercial, and industrial development, is permitted to develop using the high density option. Development shall not exceed a built-upon area of 70% on a project-by-project basis and must incorporate engineered stormwater control structures and maintenance programs as outlined in § 155.15. § 155.15 CRITERIA FOR DEVELOPMENT USING THE HIGH DENSITY OPTION. (A) Applicants wishing to use the high density option must control runoff from the first inch of rainfall. Stormwater control structures must be designed as wet detention ponds, as described in 15A NCAC 2H .1003(g)(2), (g)(3), (i), (j), (k), and (1), except that alternative structures using other treatment options which have been approved for use in this area by the NC Division of Water Quality may be used as well. if they are consistent with the City of Monroe's stormwater management program guidelines. (B) The design criteria for approval of stormwater control systems shall be 85 % average annual removal of total suspended solids. Also, the discharge rate shall meet one of the following criteria: (1) the discharge rate following the I-inch design storm shall be such that the runoff draws down to the pre-storm design stage within five days, but not less than two days; or (2) the post development peak discharge rate shall equal the predevelopment rate for the I-year, 24 hour storm. (C) Applicants choosing to use the high density option shall demonstrate compliance with the following requirements for stormwater control structures: (1) All stormwater control structures shall be designed by either a professional engineer or a landscape architect registered by the State of North Carolina. (2) All stormwater control structures shall be approved by the City Engineering Department prior to issuance of a zoning permit. Maintenance of any approved structure shall be in conformance with an operation and maintenance plan approved by the City Engineering Department and kept on file in the City Planning and Development Department. (3) In addition to the required vegetative filters, all land areas outside of the pond shall be provided with ground cover sufficient to minimize erosion within 30 calendar days after any land disturbance. Upon completion of the stormwater control structure, permanent ground 81 ~- e e e - cover shall be established and maintained as part of the operation and maintenance plan described in division (E) of this section. (4) The impervious portions of any stormwater control structure(s) shall not be included when computing buiIt"upon areas. (5) If the applicant's property is in a drainage area which is served by a regional storm water control structure approved by the city, the applicant shall not be required, and shall not have the option of constructing an individual structure for stormwater control. (C) Prior to approval of a stormwater control structure, the applicant shall submit a binding operation and maintenance plan which ensures continued compliance with this ordinance. Operation and maintenance plans shall include the following elements: (1) The plan shall require the owner(s) of the structure(s) and their successors and assigns to maintain, repair, and, if necessary, reconstruct the structure(s) in accordance with the operation and maintenance plan. The plan must be approved prior to, or in conjunction with, approval of the zoning permit. (2) A separate plan must be provided by the owner(s) for each stormwater control structure which contains, at a minimum, what operation and maintenance actions are needed and will be undertaken to ensure compliance, what specific quantitative criteria will be used for determining when those actions are to be taken, and who is responsible for such actions. (3) Amendments to the plan and/or specifications of the stormwater control structure(s) must receive approval from the city. Proposed changes shall be prepared by a professional engineer or landscape architect, licensed by the State of North Carolina. (4) If the city finds that the plan, once approved, is inadequate for any reason, the city shall notify the owner(s) of any changes needed and a time-frame in which changes to the plan shall be made. (5) The plan(s) shall be in a recordable form and, once approved by the city, shall be recorded at the Union County Register of Deeds' Office. All fees charged by Union County for recordation of the document(s) shall be paid by the owner(s) of the structure(s). (6) All stormwater control structures and pond improvements shall be constructed in accordance with the Project Provisions for Construction of Watershed Pond and Outlet Control Structures as issued by the City Engineering Department. (D) Vegetation and grounds maintenance. (1) Landscaping and grounds management shall be the responsibility of the owner(s) of the stormwater control structure(s). (2) Vegetation shall not be established or allowed to mature to the extent that the integrity of the structure(s) is in any way threatened or diminished, or to the extent of interfering with any easement or access to the structure. (3) A zoning permit shall be obtained from the Zoning Administrator prior to any repair or reconstruction of the structure. All improvements shall be consistent with the approved plan 82 e - e e . (E) and specifications for that structure. The city shall inspect the completed improvements and inform the owner(s) of any required additions, changes, or modifications needed to complete the improvements. Inspections. (I) All new stormwater control structures shall be inspected by the city on a periodic basis during construction. However, it shall be the sole responsibility of the owner(s) to ensure that the structures are properly installed according to the approved plans. (2) Prior to the release of a certificate of occupancy for any use located within a water supply watershed which requires engineered stormwater control structures, the following shall be completed: (a) A final inspection shall be conducted by the city of the completed stormwater control structures. Prior to this inspection, all structures shall be fully operational and installed according to the approved plan. In addition, the city requires all wet detention ponds to be at permanent pool elevation and functioning without leakage through the outlet structure or impoundment prior to final approval. In cases where dry weather or other problems prevent the facility from being at full pond, the owner(s) has the option of filling the pond artificially at their expense or providing to the City of Monroe a letter of credit or cash bond. All letters of credit are subject to city review and approval prior to acceptance. The amount of the letter of credit or cash bond shall be sufficient to cover 120 % of the estimated amount required for the completion of the pond and outlet structure but in no case shall be less than $10,000. All work estimates shall provide sufficient detail to determine the exact nature of the work to be completed and shall be subject to review and approval by the City of Monroe Engineering Director. All work shall be completed on the pond by the owner(s) within six months of the acceptance of the letter of credit or cash bond; otherwise, the owner(s) will be deemed to be in default and will forfeit the funds to the city. Prior to release of the letter of credit or cash bond, the pond must be inspected and the owner receive final approval from the city. (b) Certification by an engineer or landscape architect licensed by the State of N ortll Carolina is required for each structure stating that the storm water control structure is complete and has been installed according to the approved planes) and specifications. (c) If deficiencies are found as a result of the inspection, the city shall notify the owner(s) of needed improvements. Reinspection will be required. (3) Annual inspection of stormwater structures. (a) All stormwater control structures shall be inspected by the city on an annual basis to determine whether the structures are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Water Quality. Annual inspections shall begin within one year after the approval of the stormwater control structure(s) by the city. A copy of each inspection report shall be filed with the Zoning Administrator and Engineering Director. 83 e e e e e (b) In the event the city's report indicates the need for corrective action or improvements, the city shall notify the owning entity of the needed improvements, and the date by which such improvements are to be completed. All improvements shall be consistent with the adopted operation and maintenance plan and specifications. Once such improvements are made, the owner(s) shall forthwith contact the Zoning Administrator and ask that an inspection be made. § 155.16 THE 10/70 OPTION. (A) Applicabilitv. As authorized by N.C.A.C. Tl5A: 02B.0215, as amended, the City of Monroe will allow up to 10% of the WS-III-BW district located within the city's planning jurisdiction to be developed with non-residential uses up to a maximum built-upon area of 70% on a project-by- project basis. Uses which qualify for the 10170 option shall meet both of the following criteria: (1) Location. The 10t(s) must abut Charlotte Avenue (Old Charlotte Highway), Dickerson Boulevard, Williams Road, US 74, Commerce Drive, Hanover Drive, Williams Road Extension, Rocky River Road, Secrest Short Cut Road, or US 601 North. (2) Size. The 10170 option may only be applied to an area within a project equal to, or less than, ten (10) acres. The project area may be of any size and located on one or more lots. (B) Built-upon Area Calculation. For the purpose of calculating the built-upon area, total project area shall include total acreage in the tract(s) on which the project is to be developed. (C) Application and Approval Process. (1) Application Deadline. Complete applications for use of the 10170 option must be submitted to the Zoning Administrator at least fifteen days prior to the City Council meeting at which the request is to be heard. (2) Application Contents. A complete application consists of: 1) a sealed survey of sufficient scale and clarity to accurately and legally locate the tracts of land being used for development and showing the area of said tracts to which the 10170 option will apply, 2) a completed application form noting the amount of acreage applied for (up to 10 acres), the name and address of the applicant, the name and address of the legal owner(s) of the property, the current zoning, and the intended use of the property and, 3) any and all fees associated with the application as established by the City Council. The City Council may request any additional information it deems necessary to make an informed decision regarding the application. (3) All applications for the 10170 option shall be considered by the City Council at a public meeting and, if considered appropriate, approved by same. The Council in granting approval may choose to allocate any amount of acreage requested for development under the 10170 option up to but not exceeding ten acres. (D) Stormwater Control Systems Required. Development of land under the 10170 option is considered high density development and is subject to all requirements and responsibilities as detailed in §155.15 of this chapter 84 '. - e e e (E) Revocation of Approval for the 10/70 Option. The 10/70 option is not intended for speculative development proposals. Once approved, if development has not commenced within two years of the date of approval, the City Council may act to revoke approval of the 10/70 option. In addition, any acreage approved for the 10/70 option but not used as part of the development within two years of the completion of the project, as shown on an approved site plan, shall be subject to revocation of the 10/70 option by the City Council. Action to revoke the 10170 option for any portion of a development site previously approved shall be taken by the City Council at a public meeting after receiving a report from staff. Such a report shall be in writing and shall declare that the property owner(s) within the development as recorded at the register of deeds office, have been notified at least ten days before the meeting of the pending action and the date, time, and place of the City Council meeting at which the report will be given. Said property owner(s) shall have the right to appear before the City Council at said meeting and show cause why the City Council should not revoke the permit. Notification shall be deemed given when written notice is sent by first class mail to the property owner(s) at the address(es) shown on the most recent property tax records. § 155.17 THE APPLICATION AND APPROVAL PROCESS. (A) Site Plan Required. Prior to approval and issuance of a zoning permit for any new structure or expansion to an existing structure under this chapter, all applicants shall be required to submit a site plan as outlined below. All site plans must be reviewed by staff and found to meet submission requirements before any application for a zoning permit is deemed to be complete. Site plans shall include the following information: (1) Single Family Detached Residential Development. The site plan required for watershed approval is the same as the site plan required for a zoning permit. This type of site plan may be drawn by the applicant and does not require an engineer, surveyor, architect, or landscape architect's seal unless such development appears to lie in whole, or part, within a federally designated floodplain or a required watershed buffer area. If a seal is required, then the engineer, surveyor, architect, or landscape architect sealing the plan shall be licensed by the State of North Carolina. (2) All Uses Except Single Family Detached Residential Development. In addition to the site plan requirements of Chapter 156, all such uses within a watershed overlay district shall submit a site plan which shows: 1) the location of the watershed boundary on the tract or a statement that the entire tract lies within the watershed. 2) the total acreage of the tract, 3) the amount and percentage of existing impervious coverage, 4) the amount and percentage of impervious coverage which is deemed to be existing development as defined by this chapter, 5) the amount and percentage of proposed impervious coverage, 6) the location of all stormwater control structures, existing and proposed, 7) existing and proposed topography of the site in two foot contours with spot elevations as required to clarify topography, and 8) the location of all existing and proposed stormwater conveyances. (B) As-Built Survey Required. Prior to release of the certificate of occupancy, the applicant must present an as-built survey of the property prepared and sealed by a registered surveyor, professional engineer, registered landscape architect, or architect licensed by the State of North Carolina. Such as-built survey shall show the location and dimension of all impervious coverage and the total amount of impervious coverage built as a percentage of the total site. The Zoning Administrator shall be permitted to waive the survey requirements of this provision on a case-by-case basis if, in his judgement upon investigation, the percentage amount of the impervious coverage of the tract is 85 e· e e e well under that permitted by the ordinance. The certificate of occupancy shall not be released if the impervious coverage of the site exceeds that allowed by the permit issued. (C) Fees Reauired. Applications for watershed approval, use of city-owned/maintained stormwater control systems, inspections related to the initial approval of stormwater control systems, and annual inspections of stormwater control systems and watershed development sites shall be subject to any and all relevant fees as adopted by the City Council and prescribed in the City of Monroe Code of Ordinances. Application fees shall accompany any application, otherwise the application shall be determined incomplete and shall be returned to the applicant. § 155.18 VARIANCES. (A) General Application Process and Procedures. The process and procedure for hearing variance requests, as outlined in Chapter 156, Zoning Code, shall apply to all requests for a variance to any of the requirements of this chapter as herein established except as noted below. (1) Extra Notice Reauired. In addition to standard notification requirements listed in Chapter 156, a copy of the public hearing notice plus a description of the variance requested shall be sent by first class mail to the clerks of all municipal and county governments having jurisdiction within the same watershed and to any major consumer of water whose point of intake lies within the same watershed. The notice and description shall be mailed at least 10 days prior to the public hearing. Any comments received from notified local governments regarding a variance request shall be entered into the record of proceedings. (2) Approval Authoritv. Minor variances shall be heard and decided by the Board of Adjustment. Major variance requests shall be· decided by the N.C. Environmental Management Commission (EMC). The Board of Adjustment shall hear all requests for major variances and shall forward its recommendation and a complete copy of the hearing record to the EMC for their consideration. If the EMC approves the major variance or approves with conditions or stipulations added, then the EMC shall prepare a decision which authorizes the Board of Adjustment to issue a final decision including any conditions or stipulations added by the EMC. If the EMC denies the major variance, then the EMC shall prepare a decision to be sent to the Board of Adjustment. The Board of Adjustment shall prepare a final decision denying the major variance, as directed by the EMC. § 155.37 ENFORCEMENT. (A) Process and Procedure. These regulations shall be enforced by the Zoning Administrator in accordance with all enforcement processes, procedures, and authorities as outlined in and authorized by Chapter 10, General Provisions, and Chapter 156, Zoning Code, of the Monroe Code of Ordinances. (B) Recordkeepill!!:. The Zoning Administrator shall maintain a file on all applications for development within a watershed district and all minor and major variances. A copy of all approved variances shall be submitted annually during the last week of December to the Division of Water Quality as required. § 155.38 REPEAL AND REENACTMENT OF EXISTING WATERSHED PROTECTION e ORDINANCE. 86 · e e e e The rewriting of this chapter in part carries forth by reenactment some of the provisions of the existing Watershed Protection Ordinance of the city and it is not intended to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have been accrued are preserved and may be enforced. All provisions of the Watershed Protection Ordinance which are not reenacted herein are hereby repealed. This ordinance shall become effective on the date of its adoption. Adopted this 20th day of March, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 13. ADDroval of ProDosed Franchise A~reement with Brownin~-Ferris Industries (BFD. First Readinf. Planning Director Carol Rhea advised that this franchise agreement which will require two readings. Ms. Rhea advised that the current BPI contract with the City of Monroe expires on June 30, 2001. At the City Council Planning Retreat, City Council directed staff to prepare an agreement with BFI for consideration in March. This item had also been presented to the Environment and Water Resources Committee for review. Ms. Rhea reviewed a summary of the fees and services as outlined in the agreement. Under the proposed contract, there will be no increase in residential and commercial rates, except for the seasonally adjusted Consumer Price Index increase the second and third year of the contract period. The tenn of the contract is for a period of four years and three months beginning on July 1, 2001 and ending at midnight on September 30,2005, subject to extension or termination set forth in the contract. Staff, as well as the Environmental Water Resources Committee, recommended that City Council approve the proposed agreement with BFI. Council Member Smith moved to approve the Specifications and Agreement for solid waste collection and disposal with BPI Waste Systems of North America, Inc. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Solid Waste Collection and Disposal Agreement is hereby incorporated as a part of these minutes as "Exhibit A. " 87 e Item No. 14. Award of Contract - Corporate Center Phase IV Roadwav Construction. Engineering Director Jim Loyd advised that on March 16, 2001, the Engineering Department opened sealed bids for the Corporate Center Phase IV Roadway and Storm Drainage Construction. A total of five bids were received for the proposed improvements. Following are the results of the bid opening: e Contractor Blythe Development Corp. Boggs Paving, Inc. Crowder Construction Co. CMI, Inc. Rea Construction Co. Engineer's Estimate Bid Amount $815,903.00 $648,606.09 $646,319.85 $725,183.40 $693,447.60 $888,122.50 Mr. Loyd advised that the low bid was submitted by Crowder Construction Company in the amount of $646,319.85. The Engineering Department has worked with this Contractor in the past including Corporate Center Phase III Roadway and Storm Drainage, and the recently completed Neighborhood Target Area Project. Crowder Construction Company has the qualifications to complete the work in accordance with the plans and project manual prepared for the proposed improvements. Project funds are available in accordance with the approved budget for the Corporate Center Phase IV Improvements. A 10% contingency of $65,000.00 was recommended to cover possible change orders during the course of the work. e The estimate of costs for this project as prepared by the Engineering Department was $888,122.50. Funds in the amount of $1,225,000.00 are currently budgeted for this project. The Contract stipulates a construction period of 120 calendar days with liquidated damages occurring at a rate of $250.00 per day, thereafter. Staff recommended that City Council award the Corporate Center Phase IV Roadway and Storm Drainage Construction to Crowder Construction Company in the amount of $646,319.85. A 10% contingency of $65,000.00 was requested to cover possible change orders during the course of the work. e Council Member Keziah made a motion to award the Corporate Center Phase IV Roadway and Storm Drainage Construction to Crowder Construction Company in the amount of $646,319.85 along with a 10 % contingency of $65,000.00. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: e 88 e e e e e Item No. 15. Wastewater Treatment Plant Expansion Project Timin!! Analysis. Water Resources Director Russ Colbath advised that changing conditions have necessitated a re- evaluation of the timing for expanding the City's wastewater treatment plant. The conditions included: (1) WWTP flow averages have not increased as projected, driven by dry weather and an effective City inflow and infiltration control program; (2) Project bids were approximately 13% over budget ($1.7 million). This was the result ofa very poor bidding climate with only two general contractor bids. This project cost overrun occurred even after a $700,000.00 basin was removed from the project just prior to bidding, and a value engineering study conducted during project design; and, (3) Loss of an additional one million gallons per day from the County's east side system is now more certain with Marshville and Pilgrims Pride foods "privatizing" their systems. This loss is projected to occur in Summer of 2002. Mr. Colbath provided a detailed analysis of the five project timing and financing alternatives. Using the technique of cash flow discounting, a net present value (cost) was developed for each alternative. This is the best single indicator for comparing the overall financial impact to the City's ratepayers. Comparing the alternatives showed that there is an opportunity for significant life cycle cost savings on the project, ranging from 5.5 million dollars to 2.3 million dollars, depending on the growth rate of future flows and the financing method used on the project. The worst case scenario (wet weather induced high flows, and lack of State revolving fund loan when flows reach 90% of plant capacity) showed only a slight increase in present value cost, when compared with the decision to award the project now and move forward. Staff believes the probability of the worst case scenario is remote, providing a solid opportunity to achieve the savings identified. Mr. Colbath recommended that Council reject all bids submitted for the expansion of the wastewater treatment plant, delay said project, and establish a capital reserve fund Via Resolution R-2001-24 to offset the future cost of expanding the wastewater treatment plant. A. Reiection of Public Bids. Council Member Smith moved to reject all bids submitted for the expansion of the wastewater treatment plant. Mayor Pro Tern Bazemore seconded the motion which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Resolution to Establish Capital Reserve Fund. Council Member Smith moved to adopt R- 2001-24: 89 - e e . e RESOLUTION OF THE MONROE CITY COUNCIL TO ESTABLISH AND MAINTAIN A CAPITAL RESERVE FUND FOR W ASTEW ATER TREATMENT AND SYSTEM IMPROVEMENTS R-2001-24 WHEREAS, it is in the City of Monroe's best interest to delay the planned expansion of its wastewater treatment plant; and WHEREAS, it is prudent financial planning to anticipate the future need for said expansion; and WHEREAS, by establishing a capital reserve fund the overall interests of the City's ratepayers will be better protected by providing reserve funds to offset future expansion costs. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MONROE: 1. That the City of Monroe does hereby create a capital reserve fund for the purpose of funding future wastewater treatment and system needs. 2. That this fund will remain in ongoing reserve, and funds will be transferred to the appropriate fund when capital project needs arise. 3. That an amount equivalent to the debt service on the original expansion project loan, which is $875,000, will be appropriated to this fund each fiscal year, beginning in fiscal year 2004, and continuing until the need for said expansion or system improvements has been met. Adopted this the 20th day of March 2001 at Monroe, North Carolina. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 16. Waiver of "Outside" Utility Connection Fees - 2303 Stafford Street Extension. Water Resources Director Russ Colbath advised that Mr. Keith Boswell had contacted the City with the intent to build a new electrical company office and warehouse at 2303 Stafford Street Extension. This property is currently outside the Monroe corporate limits, but will enter the City as part of the Highway 200 North annexation. Mr. Colbath advised that Mr. Boswell desired to avoid paying the outside rates for connection and availability fees, and had offered to voluntarily annex into the City to do so. However, this is not possible because the property is in an approved involuntary annexation with an agreement establishing the effective date as June 30, 2003. Water and sewer services are immediately adjacent to the subject property; therefore, additional City expenses will not be incurred to offer water or sewer service. Mr. Boswell has agreed to pay the outside rate on monthly customer charges until the effective date of the annexation. 90 e e e e e Staff recommended that Mr. Boswell be subject to inside City water and sewer availability and connection fees, and pay the outside rate on monthly customer charges until the effective date of the Highway 200 North annexation. Staff further recommended that Council adopt resolution R-2001-25 to allow consistent treatment of similar future requests. Council Member Keziah moved to adopt R-2001-25: RESOLUTION OF THE MONROE CITY COUNCIL TO ESTABLISH GUIDELINES FOR WAIVER OF OUTSIDE CITY LIMITS UTILITY CONNECTION FEES IN THE 601/200 NORTH ANNEXATION AREAS R-2001-25 WHEREAS, the City charges a double fee for water and sewer connections on properties outside of it's corporate limits; and WHEREAS, The effective date for the 601 and 200 North annexations has been delayed until June 301h, 2003; and WHEREAS, the City of Monroe will not extend water and sewer service per it's extension policy to said annexation areas until 24 months after the effective date; and WHEREAS, Certain properties within the 601 and 200 North annexations are adjacent to existing City water and sewer utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE: 1. That the City of Monroe will allow properties within the 601 and 200 North annexations, that are adjacent to existing City water and sewer utilities and do not require any main line extension for service, to connect to said utilities at the "in City" fee amount, so long as no additional cost to the City will be incurred by allowing these connections, and 2. Properties will be subject to "outside" monthly customer charges until becoming part of the City of Monroe corporate limits. Adopted this the 20th day of March 2001 at Monroe, North Carolina. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 17. Budeet Ordinance Amendment - Chan¡:e in Financine Mechanism for Caoital Project WR-OO-61 Water Treatment Plant Improvements. Water Resources Director Russ Colbath advised that Council previously adopted Capital Project Budget Ordinance BO-2000-03 on April 4, 2000 to establish the capital improvement project for water 91 e e e e e treatment plant improvements. The revenue source in this ordinance was identified as "proceeds from financing," because the original intent was to use bond proceeds to fund this project. Mr. Colbath advised that it now appears to be in the City's advantage to fund said project with proceeds from accrued availability fee revenues. This will allow the bond issuance date to be delayed, and allow grouping of a larger number of other capital projects, thereby reducing overall issuance cost and improving the marketability of the bond issue. Staff recommended that Council approve the change in financing mechanism for the water treatment plant improvement project. Council Member Smith moved to adopt BA-2001-03: CITY OF MONROE, NORTH CAROLINA CAPITAL PROJECT BUDGET ORDINANCE AMENDMENT WATER TREATMENT PLANT IMPROVEMENT PROJECT BA-2001-03 WHEREAS, the City Council of the City of Monroe, previously adopted Capital Project Budget Ordinance BO-20OQ-03 for water treatment plant improvement project WR 00-61; and WHEREAS, it is now in the best interest of the City to change the financing mechanism for the project from utility revenue bond proceeds to availability fee revenue proceeds. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe amends the capital project entitled "Water Treatment Plant Improvement Project" and appropriates the following revenues and expenses: Revenues: Transfer From Water and Sewer Fund $1,690,500 Expenses: Engineering Costs Construction Costs Contingency $ 155,000 1,395,500 140,000 BE IT FURTHER ORDAINED that an amendment to the Water and Sewer Fund budget for FY 2000-2001 to appropriate fund balance in the amount of $1,690,500 is approved, and that said amount shall be transferred to the capital project fund. Approved this 20th day of March, 200 I. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 92 e . e e e Item No. 18. Closed Session - Litil!ation (SMD Enterprises. Inc. d/b/a Yellow Cab vs. City of Monroe) and Pronerty Acquisition. Council Member Smith made a motion to move into Closed Session to discuss litigation and property acquisition. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 19. SMD Enterprises. Inc. (dba Yellow Cab). A. Bud{:et Amendment. Upon return from Closed Session, Council Member Keziah made a motion to appropriate General Fund Fund Balance in the sum of $27,500.00, for the purpose of paying the amounts set out in the Settlement Agreement and General Release between the City of Monroe, SMD Enterprises, Inc., d/b/a Yellow Cab Co., Angela Anderson, and Vernon Closser. Council Member Smith seconded the motion which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Settlement A2reement. Council Member Kilgore made a motion to approve the Settlement Agreement and General Releases between the City of Monroe, SMD Enterprises, Inc., d/b/a Yellow Cab Co., Angela Anderson, and Vernon Closser, and to authorize the Mayor or Mayor Pro Tern to execute said documents on behalf of the City of Monroe. Council Member Smith seconded the motion which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Settlement Agreements are hereby incorporated as a part of these minutes as "Exhibit B. " There being no further business, Council Member Smith moved to adjourn. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 93 e . e . e The Regular City Council Meeting of March 20,2001 adjourned at 7:34 p.m. 1 ! ð')1?/J Attest: Minutes transcribed by Bridgette Robinson, Administrative Assistant II 03-20-0 I 94 · e - e e Exhibit" A" SPECIFICATIONS AND AGREEMENT SOLID WASTE COLLECTION AND DISPOSAL This Agreement is made and entered into this day of , 2001, by and between BFI Waste Systems of North America Inc., a Division of Allied Waste Industries Inc., licensed to do business in North Carolina (hereinafter referred to as the Contractor), and the CITY OF MONROE, a municipal corporation incorporated under the laws of North Carolina (hereinafter referred to as City). The terms, covenants, promises and conditions of this Agreement are as follows: 1. Term: The term of this Agreement shall be for a period of four (4) years and three (3) months beginning on the first (1 st ) day of July, 2001 and ending at midnight on the 30th day of September, 2005, subject to extension or termination as hereinafter set forth. 2. Performance Duties: The Contractor shall furnish all equipment, disposal facilities and personnel necessary to carry out this contract and shall collect all garbage, other forms of solid waste, trash, recyclables, and other refuse, as described in this Agreement, and shall dispose of same, all as hereinafter set forth. Performance of the Contractor's duties shall be governed by the provisions set forth as specified by the terms of this Agreement. 3. Territorv: The Contractor is hereby granted the nonexclusive franchise, license, and privilege to and hereby agrees to provide the services hereinafter described in all areas of the corporate limits of the City during the term of this Agreement. 4. Disclosure of Subcontractors: At any time the Contractor decides to use a subcontractor, the Contractor shall submit information about the subcontractor suftìcient for the City to determine compliance with all of the requirements of this Agreement as stipulated herein. 5. Quantities and Unit Pricing: The quantities listed in the proposal are estimates of the actual units to be served as provided to the City on June 1, 2001 by the Contractor and determined to be acceptable and reasonable by city staff. The number of units to be paid for yard waste collection will be the same as the number of units to be served by residential collection. Actual quantities for residential, office, and business collection shall be adjusted every six (6) months on or about December I and June 1 during the contract period with the quantities being determined from a unit count survey which will be coordinated and/or conducted concurrently by both the Contractor and the City to correspond with the actual number of units to be serviced the first day of each six month period. In the case of annexation(s) the Contractor shall be entitled to additional compensation beginning with the first day services are required of it in any newly annexed area in accordance with the per unit cost determined by a unit count survey, which will be coordinated and/or conducted concurrently by both the Contractor and the City to correspond with the actual number of units to be serviced the first day of service per a schedule hereinafter set forth. The individual unit prices for curbside collection for all residential, office, and business customers and for all City dumpster customers shall be as set forth on the Proposal submitted to the City by the Contractor. All individual unit prices for the second and subsequent years of the terms hereof may be adjusted upward or downward each July 1 in a percentage amount equal to e e e e two-thirds (2/3) of the net percentage increase in the seasonally adjusted Consumer Price Index for Urban Wage Earners and Clerical Workers (all items), published by the U.S. Department of Labor, Bureau of Labor Statistics for the month of June in each contract year, not to exceed an increase or decrease of four percent (4%) per annum. In addition to the foregoing, the cost of disposal in the unit prices may be adjusted to reflect any cost increase or decrease that may result from any local, state, or federal legislative changes in laws, ordinances, rules, or regulations, subject to negotiation and agreement by both parties. 6. Schedule of Payment: The amount due the Contractor shall be paid by the City to the Contractor monthly on or before the last working day of each calendar month following the month which the billing covers, beginning in July, 2001. This payment schedule will be based upon the Contractor properly invoicing the City for the monthly amount by the fifteenth (15th) day of the month. The Contractor's sole recourse for payment is with the City only, and not to any customer of the City. 7. Residential Schedule of Service: The Contractor shall collect garbage from all residences, approximately 7,426 units, at street curbs from garbage carts once each week, on an approved schedule to be provided by the Contractor with allowance for holidays as hereinafter set forth. In the event a cart is filled to overflowing and a bag is placed on the cart, the bag must be collected. During the term of this Agreement, the Contractor shall maintain and replace the 95- gallon carts for residential use as necessary and at the Contractor's expense. New carts provided by the Contractor shall be a standard color approved by the City. No signs may be placed on the outside of the cart except for numbers printed on the carts and signs imprinted in the same color as the cart. Collection shall not begin prior to 7:00 a.m. of the standard time then in effect, and shall be completed no later than 7:00 p.m. The parties acknowledge that there are residential units occupied by individuals who have been determined by medical certification as to being unable to move the garbage cart to the street curb. For these residents, the Contractor shall collect the garbage of the residence from the garbage cart at or near the back door of the residence. Written certification from a doctor or other medical authority will be supplied to the Contractor in order for these residents to be served in this manner. No additional fees are to be charged for these collections. 8. Residential White Goods Service: The Contractor shall collect from all residences, once each week at the curb, any residential white goods, including, but not limited to, appliances, stoves, refrigerators, window air conditioners, and water heaters. BFI drivers and City staff will report needed pick-ups in addition to call-ins from residents. 9. Residential Bulky Item Service: The Contractor shall collect from all residences, once each week at the curb, any residential bulky items, on an approved schedule, including, but not limited to furniture and carpeting. The Contractor shall not be responsible for the removal of e building materials, construction, demolition, and remodeling materials. 10. Residential Yard Waste Service: The Contractor shall collect from all residences at the curb, approximately 7,426 units, once each week, on an approved schedule to be provided by the Contractor, items including, but not limited to, brush, tree branches cut into sections no e e e e e longer than four (4) feet and no more than six (6) inches in diameter, tree and shrub trimmings, and leaves and grass clippings which have been placed in clear or open opaque plastic bags and which weigh no more than 50 pounds. All yard waste collected by the Contractor shall be hauled to a compost site. The charge for disposal at the compost site shall be included in the rate set forth in the Proposal for each residential unit serviced by the Contractor. The Contractor shall not be responsible for tree limbs longer than four (4) feet in length and six (6) inches in diameter and which cannot be readily loaded by two laborers, or be responsible for any items produced by tree service or landscape contractors, nor any dirt, rocks, and stumps. 11. Commercial Cardboard Dumpster Collection: The Contractor shall market and provide commercial cardboard recycling collection for commercial dumpster customers that wish to participate. Customers must provide the dumpsters. 12. Communitv Cleanup: The Contractor shall provide support for four Saturday community cleanup days per contract year, which includes collection and disposal of litter, rubbish and other fonns of loose sanitary waste, yard waste, and tires. 13. Adopt-A-Street Program: The Contractor shall provide streetside collection and proper disposal of orange bags from Adopt-A-Street program. The City will notify the Contractor when bags from an Adopt-A-Street cleanup are ready for collection by the Contractor. In the event the program proves very successful and the waste generated from the program increases significantly, the cost of the program will be reviewed jointly by the Contractor and the City. 14. Cardboard "Event" Boxes: The Contractor shall provide cardboard boxes for City sponsored events at no charge. 15. Emergencv Debris Removal. The Contractor shall provide emergency debris removal as requested by the City at a rate and on a schedule to be negotiated by both parties at the time clean-up is required. 16. Office and Business Service: The Contractor shall collect at the curb once each week from all identified offices and businesses, approximately 680 units, on an approved schedule provided by the Contractor with allowance for holidays as hereinafter set forth. The City shall supply a serviceable 95-gallon roll-out garbage cart for each unit at the beginning of this Agreement, with the Contractor providing containers for all services added after the beginning of the Agreement. Included in the garbage and rubbish pickup service, the Contractor shall collect weekly from containers on City property on locations specified by the City. Contractor shall also collect garbage and rubbish from all dumpsters on the schedule as outlined on the Addendum to the Proposal submitted by the Contractor to the City. The City shall give the Contractor a schedule of all such dumpsters specifying the size and frequency of collection. 17. Independent Contracting: The Contractor shall not independently contract any service to customers within the City for services it provides to the City under this Agreement. e e e e e 18. Recvclab1e Materials Service: The Contractor shall collect recyclable materials from all residences, offices, and businesses, approximately 8,136 units, at street curbs from recycling bins once each week, on an approved schedule to be provided by the Contractor with allowance for holidays hereinafter set forth. Recyclable materials shall include aluminum beverage containers, glass containers (clear, brown, and green), PET beverage containers, HDPE milk jugs and steel cans, newsprint, mixed paper (junk mail, etc.), corrugated cardboard, magazines, and telephone books. In the event a bin is filled to overflowing and a bag is placed on the bin the bag must be collected. The City shall provide an l8-gallon bin for each residential unit at the beginning of this Agreement, with the Contractor providing containers for all residential units added after the beginning of the Agreement. Additionally corrugated cardboard must be flattened and stacked in dimensions of three (3) feet by three (3) feet for collection. During the term of this Agreement, the Contractor shall maintain and replace the bins as necessary and at the Contractor's expense. New bins provided by the Contractor shall be a standard color approved by the City. Collection shall not begin earlier than 7:00 a.m. of the standard time then in effect, and shall be completed no later than 7:00 p.m. 19. Disposal: All refuse collected for disposal by the Contractor shall be hauled to an approved landfill or yard waste site. The charge for disposal shall be included in the rate set forth in the Proposal for each residential and/or business unit serviced by the Contractor. The Contractor shall provide the City a list of disposal facilities it may use in the administration of this Agreement prior to July 1, 2001 for City approval. Any additions shall be reported and pre- approved as required in section 39 of this Agreement. 20. Holidavs: The following are "holidays" for the purpose of the Agreement: (a) New Year's Day (b) Martin Luther King, Jr. Day (c) Good Friday (d) Memorial Day (e) Independence Day (f) Labor Day (g) Thanksgiving Day (h) Christmas Day The Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves the Contractor of his obligation to provide weekly collection services as specified. The Contractor will provide written notice of any alteration to their routine schedule to the City ninety (90) days prior to the scheduled holiday. 21. Equipment: The Contractor shall at all times provide an adequate number of vehicles in good mechanical condition for providing the services required by it under this Agreement. All vehicles and other equipment shall be kept in good repair, neat in appearance, and in a sanitary condition at all times. Garbage trucks will be of a compactor type with enclosed watertight bodies and have radio dispatch capability. The name and telephone number of the Contractor shall be imprinted in a place, clearly visible to the public on each vehicle. 22. Uniforms: The Contractor shall at all times provide uniforms, with identification of company and employee, for all drivers and attendants. e e e e e 23. Business Office: The Contractor shall maintain a business office equipped with a local toll-free telephone and have a representative available between the hours of 8:00 a.m. and 5:00 p.m. on all weekdays, excluding holidays, for the purpose of communicating with persons, firms, or corporations by telephone regarding the collection of garbage, trash, and other refuse. The Contractor shall provide 24-hour emergency phone support and crew response for emergency situations as determined by the City. The Contractor will also appoint an individual from their organization to be the primary contact regarding relations with the City, and who comes to the City on a regular basis to supervise the employees. 24. Indemnification: The Contractor agrees to indemnify and hold the City harmless from any claim, liability, or loss arising from any negligent act or failure to act on the part of the Contractor or any of its agents, servants and employees during its performance of this contract, including any attorney's fees incurred by the City in pursuing such indemnification or in defending any such claim. The City and the Contractor agree that in the performance of this Agreement, the Contractor shall be acting as an independent contractor. Nothing herein shall constitute or be construed to be or create a partnership, agency, joint venture, or other similar relationship between the City and the Contractor. The Contractor agrees that it will not represent to anyone that its relationship to the City is other than that of an independent contractor, and the City and the Contractor may so inform any parties with whom they deal and may take any other reasonable steps to carry out the intent of this section. The Contractor shall be fully and solely responsible for its own acts and omissions, and those of its employees, officers, agents, and subcontractors. 25. Liabilitv Insurance: The Contractor shall provide and maintain during the life of the contract automobile, general liability, and umbrella coverage in the following amounts: General Liability $2,000,000 Automobile Liability $1,000,000 Excess Liability $5,000,000 Workers' Compensation (To statutory limits) Environmental Liability $1,000,000 and/or base insurance to protect the Contractor, its agents and its employees from claims for damage for personal injury including wrongful and accidental death and property damage which may arise from operations under the contract, whether such operations be performed by the Contractor or its servants or agents. The policy or policies shall name the City as additional insured and shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. A Certificate of Insurance shall accompany this Contract and an updated Certificate shall be forwarded to the City upon renewal of the policy. 26. Performance Bond: The Contractor shall, during the term of this Agreement, maintain in full force and effect, at its expense, and shall furnish to the City a performance bond executed by one or more surety companies legally licensed to do business in the State of North Carolina, in a manner and form approved by the City Attorney. The performance bond shall be e, e e e e in an amount equal to one hundred percent (l 00%) of the annual contract sum, conditioned on the faithful performance by the Contractor of all the terms, conditions and covenants contained in this contract. Said bond is made a part of this Agreement by reference. If the Contractor shall fail to comply with anyone or more of the provisions of the Agreement, there shall be recoverable, jointly and severally, from the principal and surety or sureties, of such bond any damages or losses suffered by the City as a result thereof. Said bond shall provide for sixty (60) days written notice to be given to the City prior to the cancellation or material change in said bond, or of the intention by surety or surety companies not to renew such bond. In the event said bond is cancelled or the surety thereon relieved of liability this Agreement is subject to cancellation by the City unless an adequate replacement bond is provided by the Contractor to the City. Damages recovered by the City from the surety shall not be construed to excuse faithful performance by the Contractor or limit the liability of the Contractor under this Agreement, or for damages, either to the full amount of the bond or otherwise, or preclude exercise of other right or remedy allowed by law, whether exercised concurrently or subsequently. The Contractor may, at its option, provide an irrevocable Letter of Credit in a manner and form approved by the City Attorney, in lieu of these performance and payment bond requirements. 27. Workers' Compensation Insurance and Emplovee Benefits: The Contractor shall maintain appropriate workers' compensation insurance, unemployment insurance, comply with the requirements of the Occupational Safety and Health Act, and further, comply with all state and federal regulations regarding working conditions and employee benefits. 28. Termination: Should the City Council of the City determine, in its sole but reasonable discretion, that the level and quality of service being provided by the Contractor is materially inadequate, which is decided to be a breach of this Contract, written notice of that fact shall be provided to the Contractor by the City. Should the Contractor fail to correct the deficiency to the satisfaction of the City Council of the City within thirty (30) days after delivery of same to the Contractor's local representative, then and in that event, the City may cancel this Contract by providing the Contractor one-hundred eighty (180) days' notice of such termination. The City's remedy of early termination shall be in addition to all other rights and remedies which the City may have against the Contractor for breach of contract or otherwise. Notwithstanding any other provision of this Agreement, should the Contractor fail to provide service under the provisions of this contract for a period of seven (7) days, the City may, at its option, immediately and without notice to the Contractor, terminate this Agreement, to the end that it might provide the collection service for which it is responsible. 29. Drug-Free Work Place: The Contractor agrees to make a good faith effort to establish and maintain a drug-free workplace in connection with the performance of this Agreement. 30. Public Relations and Customer Service: The Contractor, through its agents, servants, and employees, shall make every effort to create and maintain an excellent working relationship with the persons, firms and corporations it is servicing in the City. To that end, the Contractor will encourage all of its representatives to be courteous and exercise good judgment in dealing with the persons whom it serves. Likewise, the Contractor shall cooperate with the City in fulfilling its obligations under this Agreement including the investigation of any alternative service levels or procedures which the City may wish to examine for the purpose of providing such service to City residences and commercial establishments. The Contractor shall provide a e e e e e public information program for the citizens of Monroe, including cable television public access programs as both the Contractor and City deem appropriate, quarterly bill stuffers to be included in City utility bills, bimonthly advertisements in The Enquirer Journal and the Union Observer, and any other programs or activities that may be mutually agreed upon by the City and the Contractor. 31. Financial Condition of the Contractor: The Contractor shall annually submit to the City its Annual Financial Report, as well as any other public financial documents requested by the City. 32. Notice: Such notices as are contemplated by this Agreement may be hand-delivered to the person in charge of the office maintained by the Contractor to fulfill this Agreement, or may be given by mail, in which event the same shall be sent certified mail, return receipt requested, to: District Manager, Allied Waste Industries Inc., P.O. Box 1027, Pineville, NC 28134. The contractor's telephone number is: 704.377.0161, ext. 229, and the facsimile number is 803.802.2449. Notices given to the City may be hand delivered to the City Manager or the City Clerk at the City Hall, or if mailed, shall be sent by certified mail, return receipt requested, to the City at P.O. Box 69, Monroe, North Carolina 28111-0069. 33. Assignment: The Contractor shall not assign this Agreement without prior written approval of the City, which approval shall not be unreasonably withheld provided, however, that the proposed assignee must be as well qualified to perform the Contract as the Contractor and the statutory requirements for granting a franchise must be followed. 34. Notification: The Contractor agrees to make known to the City Manager upon request all contracts entered into between the Contractor and other persons, firms or corporations within the City for the purpose of providing front load dumpster solid waste collection service in addition to the service provided under the terms of this Agreement. 35. Modification: No modification or waiver of any provision of this Agreement shall be valid unless in writing and signed by both parties involved. 36. Severability: If for any reason any provision hereof shall be inoperative, the validity and effect of all other provisions shall not be affected thereby and shall continue to be binding upon the parties thereto, their successors and assigns. 37. Renewal: The City shall have the right to renew this Agreement for one (1) successive one (1) year term after the initial term and under the same provision as the original term. The City must notify Contractor one hundred eighty (180) days prior to the end of the current term of its desire to renew. In addition to the above, the City shall have two (2) separate but successive one (1) year options to renew this Agreement upon the same terms except rates. The City must notify the Contractor one hundred eighty (180) days prior to the end of the current term of its desire to renew. The parties will then make a good faith effort to agree upon rates for the next term during the six weeks immediately following the date of notice. If the parties cannot agree upon mutually acceptable rates during that six week period, then the current contract and any additional renewal option will terminate at the end of the current term. e e e e e 38. Compliance: The Contractor shall be governed under, and comply with, all applicable laws of the State of North Carolina, the Federal Government, Union County and the City of Monroe, including any subsequent changes to such laws. 39. Reporting Requirements: The Contractor shall be required to provide on a monthly basis to the City a report which shall include, but not be limited to total tonnages for solid waste, bulky, and white goods; and cubic yards of yard waste. The Contractor shall be required to provide on a quarterly basis to the City all information requested for the City to be in compliance with the reporting requirements of the Solid Waste Management Act of 1989 (SB 111), and any other acts or ordinances that the City may be required to comply with. The Contractor is to be thoroughly familiar with the reporting requirements. This shall include but not be limited to the following information: a. Solid Waste: Total tonnage for each: Residential, Commercial, along with the name ofthe disposal facilities used for each, and the major materials handled. b. Recycling: Total tonnage for each commodity picked up, along with the name of the disposal facilities. c. Approved Disposal Sites: The Contractor is to provide a list of proposed licensed disposal sites prior to any change in disposal of City waste. 40. Force Maieure: Neither the Contractor nor the City shall be liable for the failure to perform their duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, act of God (including but not limited to, a flood, hurricane, or tornado) or other similar or different contingency beyond the reasonable control of the Contractor. In the event of a flood, hurricane, or other act of God, the Contractor and the City will negotiate the payment for any additional service to be made to the Contractor, as well as any variances in routes and schedules deemed necessary by the Contractor. 41. Hazardous Materials: The Contractor shall be under no obligation to collect, transport, or dispose of in any way, any hazardous waste. For purposes of this Contract "hazardous waste" shall mean any waste which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency or pursuant to any Federal or State law, or waste which is regulated under any Federal or State law, and shall also include any motor oil, gasoline, paint and paint cans. WITNESSETH: That for and in consideration of the payments and agreements herein mentioned: 1. The Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary to carry out the work described herein. 2. The Contractor agrees to perform all of the work described in the CONTRACT DOCUMENTS and comply with the terms therein for the amounts as shown in the unit prices of the PROPOSAL. The tenn "CONTRACT DOCUMENTS" means and includes the following: (A) Proposal Format (B) Specifications and Agreement (C) Performance Bond By: e Name: Title: . e e e 3. The City shall pay the Contractor in the manner and at such times and in such amounts as required by the CONTRACT DOCUMENTS. 4. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the date first above written. CITY OF MONROE: ATTEST: Name: SEAL CONTRACTOR: ATTEST: Name: Company By: Name: SEAL Title: e e e e e PROPOSAL FORMAT SOLID WASTE COLLECTION AND DISPOSAL CONTRACT The undersigned, having read the attached specifications, visited the site, and examined the form of the contract and bond, agrees to furnish all labor, equipment, and materials necessary for providing the services in the manner required. The undersigned proposes to' enter into a contract in accordance with the proposal and specifications, and on the contract forms attached for providing solid waste collection and disposal in the manner specified for the following unit prices: 1. Once a week scheduled curbside collection of residential roll out garbage materials: $4.60 per cart, per month 2. Once a week scheduled curbside collection of residential recyclable materials: $2.07 per unit, per month 3. Once a week scheduled curbside collection of office/business roll out garbage materials: $5.00 per cart, per month 4. Once a week scheduled curbside collection of office/business recyclable materials: $1.87 per unit, per month 5. Once a week scheduled curbside collection of yard debris: $3.35 per unit, per month 6. Once a week scheduled curbside collection of bulky material: $0.00 per unit, per month 7. Once a week curbside collection of white goods: $0.00 per unit, per month 8. Provide Commercial Cardboard Recycling (Minimum 1 pickup per week. Proposer must specify interval and method of collection and number of businesses included in the estimate. There are approximately 2600 businesses within the city; actual program participation is uncertain): $60.19 per month for an 8-yard container, 1 pickup per week 9. Support for four Community Cleanup Days which includes collection and disposal of litter, rubbish and other forms of loose sanitary waste, yard waste, and tires: $0.00 per clean up 10. Streetside collection and proper disposal of orange bags from Adopt-A -Street program: $0.00 per pickup 11. Collection of existing City dumpster customers, as outlined on the attached addendum: {(see attached Addendum for Proposal (#11)) 12. Contractor shall provide cardboard boxes for City sponsored event: $0.00 per event 13. Contractor shall provide emergency debris removal as requested by the City: $85.00 per hour Addendum for Proposal (#11) Actual Service Figures e The City of Monroe currently provides dumpster service for a number of business customers. The size of dumpsters and frequency of pick-ups are as follows: Pick -ups per Week Container Size 1 2 J. 1 ~ 6* 2/Month 2 Yard 51 7 6 0 0 0 5 4 Yard 103 42 18 0 1 1 10 6 Yard 51 27 10 0 0 0 1 e 8 Yard 79 80 67 14 16 16 11 *Six pick-ups per week include Saturday pick-up. Front End Commercial Rates (not including rental rates for dumpsters) e Dumpster Size Number of Pick- Monthly Ups Per Week Rate 2 Yard 2 times/month $7.52 1 time/week $15.04 2 times/week $30.09 3 times/week $45.14 4 times/week $60.19 5 times/week $75.23 6 times/week $90.28 10/times/week $150.42 4 Yard 2 times/month $15.04 1 time/week $30.09 2 times/week $60.19 3 times/week $90.28 4 times/week $120.38 5 times/week $150.47 6 times/week $180.57 10 times/week $300.95 6 Yard 2 times/month $22.57 1 time/week $45.14 2 times/week $90.28 3 times/week $135.42 4 times/week $180.57 5 times/week $225.71 6 times/week $270.84 10 times/week $451.37 8 Yard 2 times/month $30.09 1 time/week $60.19 2 times/week $120.38 3 times/week $180.57 4 times/week $240.75 5 times/week $300.94 6 times/week $361.13 e e e e e EXHIBIT "B" SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (this "Agreement") is made and entered into this the~ay of March, 2001, by and among the CITY OF MONROE, NORTH CAROLINA, a municipality incorporated and existing under the laws of the State of North Carolina ("Monroe"); SMD ENTERPRISES, INC. D/BI A YELLOW CAB COMPANY, a corporation organized and existing under the laws of the State of North Carolina ("SMD") and ANGELA ANDERSON, a citizen and resident of the State of North Carolina, County of Union (" Anderson"). WITNESSETH: WHEREAS, SMD operates a taxicab service in and around the City of Monroe (the "Business"); WHEREAS, Anderson is the principal owner of SMD; WHEREAS, SMD and Monroe were involved in a civil action captioned SMD Enterprises, Inc. d/b/a Yellow Cab Co. v. City of Monroe, 98-CVS~ 1839 (Union County, North Carolina), in which SMD sought judicial review of Monroe's denial of SMD's application for certificates of convenience to operate the Business in Monroe during the 1999 calendar year (the "Lawsuit"); WHEREAS, after a hearing in Union County Superior Court, The Honorable Russell G. Walker, Jr., entered an Order dated May 26, 1999 (the "Order"), in which he remanded the matter to the Monroe City Council for further proceedings in keeping with the Order; WHEREAS, the Order set out Judge Walker's findings and conclusions, including (among other things) his conclusion of law that Monroe's taxicab ordinance required any reduction in the number of outstanding certificates of convenience and necessity to be distributed pro rata among all taxicab companies then holding certificates of convenience and necessity; WHEREAS, Monroe appealed the Order to the North Carolina Court of Appeals and the e appeal was dismissed as interlocutory; WHEREAS, following the denial of Monroe's Petition for Discretionary Review to the North Carolina Supreme Court, Monroe and SMD engaged in discussions regarding compliance with the Order and, alternatively, the full and complete settlement ofthe Lawsuit and of all disputes between Monroe and SMD; and . WHEREAS, Monroe and SMD desire to avoid the expense of further litigation associated with Monroe's denial of 1999 certificates of convenience and necessity to SMD, and any other potential disputes between them. NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Monroe, SMD and Anderson hereby agree as follows: 1. Conditions Precedent: Monroe, SMD and Anderson agree and acknowledge that prior to the payment of the Settlement Amount (defined below), SMD and Anderson shall satisfy and fully e comply with all of the following conditions precedent (the "Conditions Precedent"): (i) SMD and Anderson shall have executed this Agreement and shall have returned it to counsel for Monroe for execution; e e e e (ii) SMD shall consent to and execute a Stipulation of Voluntary Dismissal With Prejudice of the Lawsuit substantially in the form attached hereto as Exhibit A (the "Stipulation") for filing with and approval of the Superior Court and shall have returned it to counsel for Monroe for filing; (iii) SMD shall execute a Termination of Lease ("Termination") substantially in the form attached hereto as Exhibit B which shall terminate SMD's interests in the property located at 127 South Main Street to Monroe (the "Premises") and shall have returned it to counsel for Monroe; and (iv) SMD shall obtain the execution ofthe Termination by the owner/landlord ofthe Premises and shall have returned it to counsel for Monroe. The date of the delivery of the last document required by these Conditions Precedent shall be the "Effective Date." 2. Agreement To Waive Hearing and To Settle The Lawsuit: Monroe, SMD and Anderson agree and acknowledge that within ten (10) business days of the Effective Date (the "Final Date"), Monroe shall (i) pay to SMD Twenty-Five Thousand Dollars ($25,000.00) (the "Settlement Amount") and (ii) execute the Stipulation. Upon the Final Date, Monroe, SMD and Anderson waive any and all procedural claims and defenses to the settlement of the Lawsuit. The parties acknowledge that the Settlement Amount is being paid and accepted and the Stipulation executed in lieu of holding a further hearing to attempt to comply with the Order and to compromise and settle any and all disputes between Monroe, SMD and Anderson, including, but not limited to, those disputes arising out of the Lawsuit and those arising out of or related to Monroe's regulation of taxicabs, Monroe's enforcement of its taxicab ordinance, and Monroe's denial of SMD's applications for certificates of convenience and necessity. The parties further agree that the Superior Court of Union County has proper jurisdiction of the subject matter and the parties, and has jurisdiction and authority to settle the Lawsuit by the entry of the Stipulation. 3. Release and Waiver: SMD and Anderson hereby release and forever discharge Monroe and its current, former and future council members, officers, employees, agents, representatives, consultants, attorneys, successors and assigns, from any and all legal responsibility, claims, rights of action, causes of action, known or unknown, suits, debts, liabilities, judgments, demands, damages, costs, attorneys' fees, expenses, and compensation whatsoever, both federal and state, that they have had, now have, or may have at any time, on account of, arising from, related to, or in any way growing out of the subject matter of the Lawsuit, Monroe's regulation of taxicabs, 2 e e e e . Monroe's enforcement of its taxicab ordinance, and Monroe's denial of SMD's applications for certificates of convenience and necessity. 4. Acknowledgment: Monroe, SMD and Anderson agree and acknowledge that this Agreement does not constitute any admission of guilt, fault, responsibility, wrongdoing, discrimination, or liability on the part of any of the parties or their present and former council members, officers, employees, agents, representatives, consultants, attorneys, successors and assigns. 5. Representations and Warranties. SMD and Anderson hereby represent and warrant to Monroe as follows: (a) SMD is in lawful possession of a leasehold interest in the Premises and, other than the owner of the property, no other parties have any leasehold, ownership or other interest in the Premises; (b) SMD is authorized to terminate its interests in the Premises; (c) Lynn Benjamin is no longer an owner ofSMD and has no interests in SMD; (d) SMD and Anderson have the power, authority and right to enter into and perform this Agreement; and (e) Upon the Effective Date, SMD and Anderson shall relocate the offices and operation of the Business within sixty (60) days of the Effective Date, only to those areas lawfully zoned in Monroe for commercial operations similar to the Business, in accordance with all applicable federal, state and local laws, rules and regulations. SMD and Anderson shall not relocate the offices, depot or terminal of the Business in any area of Monroe zoned or designated as the Central Business District (the "CBD"). 6. Estoooel: Upon execution of this Agreement, SMD and Anderson shall be permanently estopped from challenging Monroe's denial of certi ficates of convenience to SMD, this Agreement or the terms, conditions and restrictions on the relocation of the Business imposed hereby. 7. Breach By Petitioners: In the event SMD or Anderson violate any provision of this Agreement and such violation continues unremedied for a period often (10) days following written notice of such violation from Monroe to SMD or Anderson, then SMD and Anderson shall he deemed in default and upon written notice of the declaration of default by Monroe, SMD and Anderson agree (i) to immediately return to Monroe the Settlement Amount; and (iii) to be pennanently estopped from challenging Monroe's denial of SMD's applications for certificates of convenience and necessity. 8. Breach By Monroe: In the event that Monroe violates any provIsIOn of this Agreement and such violation continues unremedied for a period often (10) days folIowing written notice of such violation from SMD (or its counsel) to Monroe, Monroe shall be deemed in default 3 e e e e e and, upon written notice of the declaration of default by SMD, Monroe agrees that this Agreement may be terminated in whole or part for such default upon such terms as SMD and Monroe deem appropriate. 9. Further Actions bv Monroe and SMD: Monroe, SMD and Anderson shall do all things necessary, proper and advisable to effectuate the intent ofthis Agreement, including but not limited to executing all necessary pleadings, orders, documents, instruments and agreements; obtaining, or causing to be obtained, all necessary consents, orders or approvals; and any other action necessary to consummate the transaction contemplated herein. 10. Entire Agreement: No Implied Agreement: This Agreement (including exhibits hereto) shall constitute the entire agreement between Monroe, SMD and Anderson with respect to the subject matter hereof and all prior negotiations, understandings, and arrangements are merged herein and there are no other terms and conditions hereof. Nothing contained herein shall impose upon either Monroe, SMD or Anderson any implied obligations or duties of any nature or kind. This Agreement can be modified or amended only by a writing signed by all parties to this Agreement. 11. Successors and Assi~ns: This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of Monroe, SMD and Anderson. 12. Severability Clause: In the event that any term or provision of this Agreement is found to be unenforceable or invalid, either in whole or in part, then the offending term or provision shall be construed as valid and enforceable to the maximum extent permitted by law and the balance of this Agreement shall remain in full force and effect. 13. Waiver: No waiver of any term or condition of this Agreement or any part thereof shall be deemed a waiver of any other tenn and condition of the Agreement or of any later breach of this Agreement. Furthennore, no waiver of any tenn or condition of this Agreement or any part thereof shall be deemed a waiver of any other tenn and condition of the Agreement or of any later breach of this Agreement. 14. Headings: The headings contained in this Agreement are for purposes of convenience only and shall not affect the meaning of interpretation of this Agreement. 15. Governing Law: This Agreement shall be governed in all respects by the laws of the State of North Carolina, excluding only its choice oflaw provisions. 16. Duplicate Originals: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original. 4 e e IN WITNESS WHEREOF, Monroe, SMD and Anderson have executed this SETTLEMENT AGREEMENT AND GENERAL RELEASE as of the day and year first above written. ATTEST: CITY OF MONROE c~ e /",,' I By: (~/>~ ~ :~Ui::i5y E. t3wamore. ~ 'in ~ "-<- J nne Deese, Town Clerk [AFFIX CORPORATE STAMP-SEAL] ANGELA ANDERSON By: lL~k ~~a---- [SEAL] Mgela Anderson e ATTEST: e e se~~ SMD ENTERPRISES, INC. D/B/A YELLOW CAB COMPANY By: ~A-.12u..Þ..-- [SEAL] [AFFIX CORPORATE STAMP-SEAL] 5 e . e . e SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (this "Agreement") is made and entered into thi~ay of March, 2001 by and among the City of Monroe, a municipality incorporated and existing under the laws of the State of North Carolina ("Monroe") and Vernon Closser ("Closser"), an associate of SMD Enterprises, Inc. d/b/a Yellow Cab. Company, the petitioner in the action captioned, Yellow Cab Company v. City of Monroe, 98 CVS 1839 ("SMD"). R Eel TAL S: WHEREAS, SMD and Closser engaged in the operation of a taxicab service (the "Business") in the City of Monroe ("Monroe"); WHEREAS, Closser was the principal manager ofSMD and the Yellow Cab Company and was responsible for its daily operation; WHEREAS, SMD was involved in a civil action captioned, SMD Enterprises, Inc., d/b/a Yellow Cab Co. v. City of Monroe, 98 CVS 1839, challenging Monroe's denial of certificates of convenience to operate the Business in Monroe for the 1999 calendar year ("the Lawsuit"); WHEREAS, after a hearing, the superior court's ("Superior Court") Judge Russell G. Walker, Jr. entered an order dated May 26, 1999 ("Order") in which he remanded Monroe's decision to deny SMD's application to the Monroe City Council for further proceedings in keeping with the Order; WHEREAS, the Order set out the Superior Court's finding and conclusion that among other things, Monroe's taxicab ordinance required any reduction in the number of taxicabs to be distributed pro rata among all taxicab companies then holding cert~ficates; WHEREAS, Monroe appealed the Superior Court's decision to the court of appeals and the appeal was dismissed as interlocutory; WHEREAS, following the Superior Court's ruling and during the appeal, actions ofSMD and Closser led to the arrest of Closser and the filing of criminal charges against Closser by the Monroe Police Department, which charges were dismissed ("Charges"); WHEREAS, following the denial of Monroe' s Petition for Discretionary Review to the North Carolina Supreme Court, Monroe, SMD and Closser engaged in discussions regarding compliance with the Order and, alternatively, the full and complete settlement of the Lawsuit and of all disputes between Monroe, SMD and Closser; and WHEREAS, Monroe and Closser desire to avoid the expense of further and protracted litigation associated with a rehearing on Monroe's denial of 1999 certificates of convenience to the SMD or the Charges. CLT:482227.1 · e e e e NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Monroe and Closser hereby agree as follows: 1. Conditions Precedent: Monroe and Closser agree and acknowledge that prior to the payment ofthe Settlement Amount (defined below), Closser's right to said Settlement Amount shall be subject to SMD,s fulfillment of the terms and conditions precedent ofthe Settlement Agreement between Monroe and SMD ("SMD Settlement Agreement"). In addition, Closser agrees that before this Agreement shall become effective, Closser shall have executed this Agreement and shall have returned it to counsel for Monroe for execution. The date of the delivery of the last document required by the Conditions Precedent in the SMD Settlement Agreement shall be the "Effective Date" for this Agreement. 2. Agreement To Waive Further Hearing And Potential Claims: Monroe and Closser agree and acknowledge that within ten (10) business days of the Effective Date ("Final Date"), Monroe shall pay to Closser Two Thousand Five Hundred Dollars ($2,500.00) (the "Settlement Amount") to waive any and all potential claims of Closser arising out of the Lawsuit or the Charges. Upon the Final Date, to the extent necessary, Monroe and Closser waive any and all procedural claims and defenses to the settlement of the Lawsuit or the Charges. The parties acknowledge that the Settlement Amount is being paid and accepted in lieu of holding a further hearing to attempt to comply with the Order in the Lawsuit and to compromise and settle any and all disputes between Monroe, SMD and Closser, including, but not limited to, those disputes arising out ofthe Lawsuit, Monroe's regulation of taxicabs and Monroe's enforcement of its taxicab ordinance, and the Charges. 3. Release and Waiver: Closser hereby releases and forever discharges Monroe and its current, former and future council members, officers, employees, agents, representatives, consultants, attorneys, successors and assigns, from any and all legal responsibility, claims, rights of action, causes of action, known or unknown, suits, debts, liabilities, judgments, demands, damages, costs, attorneys' fees, expenses, and compensation whatsoever, both federal and state, that he has had, now has, or may have at any time, on account of, arising from, related to, or in any way growing out of the subject matter of the Lawsuit, Monroe's regulation of taxicabs and Monroe's enforcement of its taxicab ordinance, and the Charges. 4. Acknowledgment: Monroe and Closser agree and acknowledge that this Agreement does not constitute any admission of guilt, fault, responsibility, wrongdoing, discrimination, or liability on the part of any of the parties or their present and former council members, officers, employees, agents, representatives, consultants, attorneys, successors and assigns. 5. as follows: Representations and Warranties. Closser hereby represents and warrants to Monroe (a) Closser has the power, authority and right to enter into and perform this Agreement; and CLT ;482227.1 e e e e (b) Upon the Effective Date, Closser shall not operate out of any offices, depot or terminal ofthe Business in any area of Monroe zoned or designated as the Central Business District (''CBD''). 6. Estoppel: Upon execution ofthis Agreement, Closser shall be permanently estopped from challenging Monroe's denial of certificates of convenience to SMD, the terms and conditions ofthis Agreement, the restrictions on the relocation ofthe Business in the CBD imposed hereby, or the waiving of potential claims arising out of the Charges. 7. Breach Bv The Parties: In the event Closser violates any provision ofthis Agreement within ten (10) and such violation continues unremedied for a period often (10) days following written notice of such violation from Monroe, Closser shall be deemed in default and upon written notice of the declaration of default by Monroe, Closser agrees that no adequate remedy of law exists to cure the default and Monroe shall be entitled to appropriate equitable relief. In the event that Monroe violates any provision of this Agreement and such violation continues unremedied for a period of ten (10) days following written notice of such violation from Closser, Monroe shall be deemed in default and upon written notice of the declaration default by Closser, Monroe agrees that no adequate remedy of law exists to cure the default and Closser shall be entitled to appropriate equitable relief. 9. Further Actions bv Monroe and Closser: Monroe and Closser shall do all things necessary, proper and advisable to effectuate the intent ofthis Agreement, including but not limited to executing all necessary pleadings, orders, documents, instruments and agreements; obtaining, or causing to be obtained, all necessary consents, orders or approvals; and any other action necessary to consummate the transaction contemplated herein. 10. Entire Agreement: No Implied Agreement: This Agreement shall constitute the entire agreement between Monroe and Closser with respect to the subject matter hereof and all prior negotiations, understandings, and arrangements are merged herein and there are no other terms and conditions hereof. Nothing contained herein shall impose upon either Monroe or Closser any implied obligations or duties of any nature or kind. This Agreement can be modified or amended only by a writing signed by all parties to this Agreement. 11. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit ofthe successors and assigns of Monroe and Closser. 12. Severabilitv Clause: In the event that any term or provision of this Agreement is found to be unenforceable or invalid, either in whole or in part, then the offending term or provision shall be construed as valid and enforceable to the maximum extent pennitted by law and the balance of this Agreement shall remain in full force and effect. . 13. Waiver: No waiver of any term or condition of this Agreement or any part thereof shall be deemed a waiver of any other term and condition of the Agreement or of any later breach ofthis Agreement. Furthermore, no waiver of any term or condition of this Agreement or any part thereof shall be deemed a waiver of any other term and condition of the Agreement or of any later breach of this Agreement. CL T:482227.1 e e e e e 14. Headings: The headings contained in this Agreement are for purposes of convenience only and shall not affect the meaning of interpretation of this Agreement. 15. Governing Law: This Agreement shall be governed in all respects by the laws ofthe State of North Carolina, excluding only its choice of law provisions. 16. Duplicate Originals: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original. IN WITNESS WHEREOF, Monroe and Closser have executed this SETTLEMENT AGREEMENT as of the day and year first above written. ATTEST: ~1nL.Q,<~ own Clerk CITY OF MONROE By: (fl) . C> , Mayori'" '0 I "t. '(V\ -Po E":Bf"~ ~ ..., ,y e.. (CITY SEAL) CLT:482227.1 ::tCL~AL]