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04/17/2001 e e e CITY OF MONROE CITY COUNCIL MEETING APRIL 17, 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 April I? , 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: Marshall Caudle, Bob Glendy, John W. Jones, Noel Williams, Joey Woody, Don Mitchell, David Powlen, Marshall Eubanks, Jim Loyd, Ken Templeton, Annie J. Allen, Hildren J. Hilton, Bleeka Allen, Warren Lyles, Pat Spence, Russell Whitehurst, Bengie H. Mullis, M. Rushing, Mary E. Medlin, Fulta Hilliard, Annie Thompson, John Harris, Don Polk, Bob Harvell, Rich Davis, John Bentley, La Vondra Edwards, Isabelle Gillespie, D. Burnett, L. Schaffer, Wayne Herron, Dave Fencl, Tim Laniak, Rich Davis, Mark Donham, Lorrie Merchant, Troy Penny, and others. Mayor Davis called the Regular City Council Meeting of April 17, 2001 to order at 6:30 p.m. A quorum was present. e CONSENT AGENDA: e Mayor Davis reviewed the Consent Agenda and asked if any member of the Councilor 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.1. Minutes of Ree:ular City Council Meetine of April 3. 2001. Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of April 3, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: 125 e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Economic Development Commission Meeting of February 1,2001 and Minutes of the Community Development Committee Meeting of March 21, 2001 were received as information by Council. Item No.2. Resolution to ODDose House Bill 514 - Closed Sessions. City Attorney Milliken advised by memorandum that this was a consideration to adopt a Resolution to oppose House Bill 514 which further amends the Open Meetings Law. Mr. Milliken stated that Representative Robert Grady has introduced HB 514 - Record Closed Sessions, which would require local governments to audiotape and/or videotape all closed sessions of governing boards and other groups subject to the Open Meetings Law. The bill also requires that the body going into closed session must designate someone to make the recording, maintain this record, and certify that the recording includes all the discussion that took place. The motion to hold the closed session must designate who this person is. Mr. Milliken stated that the N. C. League of Municipalities worked on legislation several years ago that expanded the requirements for what minutes of a closed session must include. The current law requires that there must be a general account so that a person not in attendance would have a reasonable understanding of what transpired. The League's position is to support reasonable provisions for closed sessions when such limitations are in the public interest. The League believes that the existing law meets those standards and no changes are needed. He further stated that this bill has been referred to the House Judiciary Committee. Staff felt it was important for City Council to take a position to support the League's position that the current statute contains reasonable provisions for closed sessions and that further amendments are not warranted. Upon approval, the Resolution would be forwarded to the City's local delegation. e Council Member Kilgore moved to adopt Resolution R-2001-29: RESOLUTION OPEN MEETING STATUTE R-2001-29 . THAT, WHEREAS, North Carolina has had an open meetings statute since 1976; and, WHEREAS, various amendments have been made to said statute with significant amendments being made in 1994 and 1997; and WHEREAS, the legal staff of the North Carolina League of Municipalities has been a participant in the legislative process which has dealt with open meetings issues; and 126 e e e e e WHEREAS, House Bill 514 has been introduced in the 2001 Session of the General Assembly which further amends the open meetings statute; and WHEREAS, in the opinion of the City Council the current statute contains reasonable provisions for closed sessions and that further amendments are not warranted. NOW, THEREFORE, BE IT RESOLVED that the Monroe City Council opposes HB 514; NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution be forwarded to the legislative delegation. Adopted this 17rh day of ADril. 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.3 Summary of Contracts Awarded Pursuant to 0-2001-17 and Chane:e Orders Executed Pursuant to R-2000-76. City Manager Spell advised by memorandum the award of contracts pursuant to Ordinance 0-2001 ~ 17 (An Ordinance Delegating Authority to the City Manager With Respect to Certain Contracts). The following is a summary of contracts recently awarded under authority of 0-2001-17: Date Name Purpose Amount 3-19-01 North Carolina Public Service Agreement - $8,800.00 State University - Preparation of a "Pavement ITRE Management System" for the City of Monroe 3-28-01 Advantica Pipe Bursting License Agreement Royalty Payments Technologies 3-29-01 Marshall E. Caudle, Architectural Service Agreement for Hourly rate with guaranteed Architect Interior Renovations - City Hall maximum of $19,500.00 4-1-01 Dave Moore and Grill Area/Monroe Country Club Pro Rental - $300 /month Oct. - Dale A veritte Shop - Food and Beverage Mar.; $500/month Apr. - Sep. 4-3-01 William R. Morgan, Appraisal Fee for Potential $1,500.00* MAl Condemnation Water Resources Department 4-5-01 On-Spec Testing, Pavement Failure Analysis for $2,200.00* Inc. Brekonridge Subdivision Engineering Department 4-5-01 On-Spec Testing, Study to Develop Recommended $3,535.60* Inc. Pavement Structure for Residential Streets / Engineering DeDartment * Approved by Department Director 127 Mr. Spell also provided a summary of a Change Order recently approved under authority of R- e 2000-76: e e e e Date Name Purpose Amount 2-19-01 Hall Contracting High Service Pump Station - $71,643.40 Corporation Sedimentation Basin, Flocculators, and Miscellaneous Items Item No.4. Call for Public Hearin!!s to be Held Mav 1. 2001 A. Project # 01-130-00007 - Initial Zonin!! ReQuest (County RA-20 to City R-20) - 4907 Mvers - 6.043 acres. Council Member Kilgore moved to call for a public hearing to be held May 1, 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 # 01-130-00006 - Zonin!! Man Chan!!e Request - R-20 (Low/Moderate Density Sin!!le-Family Residential) to G-I (General Industrial) - Approximately 34 Acres at the Intersection of Stafford Street Extension and Mor&:an Mill Road - Carolina Tractor and Equipment Companv. Council Member Kilgore moved to call for a public hearing to be held May 1, 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. Proiect # 01-120-00006 - Zonin&: Text Amendment - Addition of Storage Unit Ree:ulations. Council Member Kilgore moved to call for a public hearing to be held May 1, 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: D. Project # 01-120-00011 - Zonin!! Text Amendment - Chanee Submission Deadline Date for Board of Adjustment From 10 Days to 13 Days. Council Member Kilgore moved to call for a public hearing to be held May 1, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: 128 e . e e . AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: E. Project # 01-600-00001 - Annexation Request - 4907 Myers Road - 6.043 acres - Resolution Directim! the Clerk to Investi2ate a Petition Received Under G. S. 160A-31. Council Member Kilgore moved to adopt Resolution R-2001-30: RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 WINFORD & GOLDIE RIVERS RM2001-30 WHEREAS, a petition requesting annexation of an area described in said petition was received on March 2,2001 by the City Council; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Monroe deems it advisable to proceed in response to this request for annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe that: The City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the City Council the result of her investigation. Adopted this 17th day of April, 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: F. Project # 01-600-00001 - Annexation Request - 4907 Myers Road - 6.043 acres - Certificate of Sufficiencv. The City Clerk presented the Certificate of Sufficiency: I, Jeanne M. Deese, City Clerk, do hereby certify that I have investigated the petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. 160A-31. In witness whereof, I have hereunto set my hand and affixed the seal of the City of Monroe, this 17th day of April, 2001. /s/ Jeanne M. Deese, City Clerk 129 e . e e e G. Proiect # 01-600-00001 - Annexation Request - 4907 Myers Road - 6.043 acres - Resolution Fixint! Date of Public Hearine on Question of Annexation Pursuant to G.S. 160A-31. Council Member Kilgore moved to adopt Resolution R-2001-31: RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 R-2001-31 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition has been made; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, North Carolina that: Section 1. A public hearing on the question of annexation of the area described herein will be held at the City Hall Council Chambers at 6:30 p.m. on May 1,2001. Section 2. The area proposed for annexation is described as follows: Located in the Township of Vance, Union County, N.C. and being more particularly described as follows: BEGINNING at an existing iron rebar, said existing iron rebar being the northeasterly property corner of the Willie H. Cuthbertson property as recorded in R.B. 530, PG. 672 in the Union County Public Registry, said iron also being on the City of Monroe city limits line: thence from said point of beginning and with the common property line of the Otis Cuthbertson and wife, Willie H. Cuthbertson property as recorded in D.B. 201, PG. 332 and the Winford Rivers and wife, Goldie Rivers property as recorded in D.B. 348, PG. 408, North 11 12' 39" West, 758.78 feet to an existing iron pipe, a corner of the Joe Helms property as recorded in D.B. 101, PG. 494 and Estate File 89E-431; thence with the aforesaid Joe Helms property line, South 86 48' 04" East, 411.18 feet to an existing square iron, the northwesterly corner of the Andrew Brunson, Jr. et. al. property as recorded in D.B. 338, PG. 413; thence with the aforesaid Andrew Brunson, Ir. et. al. property South 15 39' 44" East, 500.69 feet to an existing square iron, a common corner with the James L. Baker and wife, Josephine M. Baker property as recorded in RB. 914, PG. 161, said square iron being on the City of Monroe city limits line; thence crossing the aforementioned Winford Rivers and wife, Goldie Rivers property and with a previous annexation line as shown on a plat recorded in Plat Cabinet E, File 930, South 58 59' 55" West, 464.54 feet to the POINT AND PLACE OF BEGINNING and containing 6.043 acres more or less, all as shown on an annexation plat prepared by Russell Courtney and Associates and dated February 20, 2001 and revised April 3, 2001. Section 3. Notice of the public hearing shall be published in The Enquirer-Journal, a newspaper having general circulation in the City of Monroe, at least ten (10) days prior to the date of the public hearing. Adopted this 17th day of April, 2001. 130 e e e e e 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.5. Request to Apply for a Federal Emen!ency Manae:ement Agency "Assistance to Fire Fie:hters Grant. " Fire Chief Ron Fowler advised by memorandum that this was a consideration of applying for the Assistance to Fire Fighters Grant Program. Mr. Fowler further advised that this is a first-time grant opportunity in the Fire Service area. The grant application is open from April 2, 2001 until May 2, 2001 and has six eligible categories including training, wellness/fitness, vehicles, fire fighting equipment, personal protective equipment and fire prevention. The City has an opportunity to apply for a Federal grant that is proposed to be used by the Fire Department in the following areas: equipment, apparatus and training. The grant amount is $750,000.00 maximum and if approved the City would have to match ten percent in local funds. Staff requested approval to complete and submit the grant application for the Assistance to Fire Fighters Grant Program. Council Member Kilgore moved to approve the completion and submission of the grant application for the Assistance to Fire Fighters Grant Program. 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.6. "Main Street Live" Contract - Monroe Jaycees. Economic Development Director Chris Platé advised by memorandum that this was a consideration of the request of the Monroe Jaycees to host the 3rd Annual Main Street Live Concerts. Mr. Platé further advised that "Main Street Live" is an annual event that occurs on the third Thursday of each month usually from April to September. The event has a band on a stage and closes down Main Street between Franklin and Windsor Streets. They provide vendor sales, including beer. It has become a very family-oriented event and has not presented problems for the Monroe Police Department. Mr. Platé stated that the event provides good exposure to Historic Downtown Monroe and the merchants that choose to have facilities located there. There are very few events held throughout the year that provide the 1,200+ persons to the beautiful downtown area. This event runs six times per year. It was the recommendation of the Downtown Monroe Inc. Board of Directors and staff that the "Main Street Live" Concert events be approved for the 2001 season. Dates for the events are: May 5,2001, May 17, 2001, June 21, 2001, July 19,2001, August 16, 2001 and September 20, 2001. 131 e . e e e Council Member Kilgore moved to approve the Agreement for "Main Street Live" Events for the Year 2001: AGREEMENT THIS AGREEMENT, made and entered into this 17th day of April, 2001 by and between THE CITY OF MONROE, 300 West Crowell Street, Monroe, North Carolina, 28112 (hereinafter "City") and Monroe Jaycees, Inc., a nonprofit community service corporation chartered under Chapter 55A of the North Carolina General Statutes, located in the City of Monroe, North Carolina, (hereinafter" Jaycees"). WITNESSETH WHEREAS, Jaycees desires to plan, organize, and implement a program of festive activities called "Main Street Live" on North Main Street as a promotional event for downtown Monroe; and WHEREAS, the parties to this Agreement wish to make it clear that Jaycees is solely and fully responsible for the planning, organizing, implementation, and monitoring of these festive activities that will occur on the third Thursday of every month from May through September 2001 and on Saturday, May 5, 2001 in connection with the Blooming Arts Festival; and WHEREAS, the City shall designate a Main Street Live Coordinator to provide certain ancillary services designated herein and otherwise be available to receive questions for assistance from the City for Jaycees; and WHEREAS, the parties hereto desire to reduce the terms of this Agreement to writing. NOW, THEREFORE, for and in consideration of mutual promises to each other, and hereinafter set forth, the parties hereto do mutually agree as follows: 1. Term: The term of this Agreement shall commence upon the execution of this Agreement by both parties and as shown by the date stated above. The term of this Agreement shall terminate on September 30, 2001. 2. Time of Events: The dates and time of the events shall be as follows: Saturday May 5, 2001 from 6:00 p.m. to II :00 p.m. Thursday May 17, 2001 from 6:00 p.m. to 10:00 p.m. Thursday June 21, 2001 from 6:00 p.m. to 10:00 p.m. Thursday July 19,2001 from 6:00 p.m. to 10:00 p.m. Thursday August 16, 2001 from 6:00 p.m. to 10:00 p.m. Thursday September 20, 2001 from 6:00 p.m. to 10:00 p.m. 3. IndeDendent Contractor Status of Javcees: It is agreed between the parties that Jaycees is an independent contractor and is not an employee or an agent of the City. Jaycees is solely responsible in its capacity as an independent contractor to see that such festive activities are carried out in compliance with all federal, state, and local laws and regulations and is carried out in a manner protecting the rights of citizens and ensuring the safety and well-being of citizens attending the festive activities sponsored by Jaycees. 132 e . e e 4. Scove of Activities to be Performed bv Javcees: Jaycees shall have sole responsibility for all of the planning, organizing, implementing, and monitoring of the Main Street Live activities to the extent identified in Attachment IB ("Assignment of Specific Activities and Responsibilities") for the festive events. Any responsibilities of the City are limited to and identified in Attachment IA. If beer and wine are available, food and non-alcoholic beverages must also be available. Jaycees shall promptly repair any damages to either City or County property occasioned by reason of festive event activities unless said damage was directly caused by employees of the City or County. 5. Status of City: The City shall designate a City employee who shall be known as the "Main Street Live Coordinator". The Main Street Live Coordinator shall be designated by the City Manager; shall be the City's liaison person to Main Street Live; and shall be responsible for providing the ancillary City services identified in Attachment IA. The sole function of the Main Street Live Coordinator is to provide those kinds of things identified in Attachment IA that have been requested by Jaycees. Jaycees shall remain responsible for utilizing those kinds of things in the planning. organizing, implementing and monitoring of Main Street Live activities during the term of this Agreement. Any additional services to those already identified in Attachment IA will need to be approved by the City Manager. The City Manager shall have the authority to add to the list of responsibilities of the Main Street Live Coordinator identified in Attachment IA if, in the judgment of the City Manager, such services would be appropriate for the festive activities. 6. Geo!!ravhic Area for Main Street Live: The geographic area for Main Street Live shall be the 100 and 200 blocks of north Main Street. All sales, services, possession and consumption of food and beverages must take place within this geographic area. 7. Hold Harmless/lndemnitv: Jaycees shall indemnify, reimburse, keep and hold harmless, the City from any liability on account of any kind of injury, damage, or liability whatsoever to persons, firms, corporations, property, or for any claim or damage which may result directly from Jaycees' failure to carry out this Agreement or for any other reason connected with the Main Street Live activities except that the City shall remain liable for any actions due to the negligence of the City or its employees or due to the intentional wrongdoing of the City or its employees. In the event that any suit or proceeding is brought against the City at law or in equity, either independently or jointly with Jaycees, or either of them, on account thereof, Jaycees will defend the City in any suit or proceeding with the total cost accruing to Jaycees, including all reasonable attorney fees for Jaycees and the City. In the event of a final judgment or decree being obtained against the City, either independently or jointly with Jaycees, or either of them, Jaycees to the extent provided herein shall pay such judgment and all costs or comply with such decree and pay all costs and expenses of whatsoever nature, including interest and fines, and hold the City completely harmless therefrom. The indemnification and hold harmless obligation of Jaycees will not be limited in any way by the limits of insurance provided for in this Agreement. 8. Insurance: Jaycees shall secure the following insurance policies effective April 17, 2001, and continuing through the term of this Agreement. The kinds of insurance provided by the policies should be determined by the Safety and Risk Coordinator of City and the City shall be named as additional insured. Copies of the insurance policies shall be provided to the Safety and Risk Coordinator 30 days prior to the event, and these policies of insurance shall provide that the policy shall not be changed or cancelled until 30 days' written notice shall have been given to the City. The kinds of insurance required shall e include, but not be limited to, the following: (1) Comprehensive general liability , including: 133 e . e (a) Liquor law liability (b) Products/completed operations (c) Personal injury (d) Blanket contractual (e) Non~owned auto All of the above shall have a combined limit of not less than two million dollars ($2,000,000). The insurance coverage shall include any breach of this Agreement in failing to meet the obligations stated above in the hold harmless/indemnification provision. 9. Comoliance with Laws: Jaycees will comply with all federal, state, county, and city laws, ordinances, and regulations. Jaycees shall be responsible for obtaining any necessary permits, licenses, etc. in order to perform its responsibilities hereunder with respect to the Main Street Live program. Jaycees shall be liable for any fees, taxes, or any other changes necessary to perform its responsibilities hereunder with respect to Main Street Live. Jaycees, through the Jaycees Coordinator, shall be responsible for making whatever arrangements and requests are necessary with the Public Safety Department of the City of Monroe in order to ensure the public safety of property and citizens in carrying out the Main Street Live program. 10. Clean-up Personnel: The Jaycees shall provide personnel and cooperate with City personnel to keep the Main Street Live site free of litter during and after festival hours. City will furnish equipment for the clean-up which will be completed by 7:00 a.m. of the morning immediately following the event. 11. Non-Assil!nability: Jaycees shall not assign this Agreement to anyone else. 12. Earlv Termination: City reserves the right to terminate this Agreement upon thirty days written notice to Jaycees upon its breach of any of the provisions of this Agreement unless said breach is cured within said thirty day notice period. Jaycees may terminate this Agreement for any reason upon thirty days written notice to City. 13. Amendments to Al!reement: Any changes in this Agreement must be mutually agreed upon by the parties and must be incorporated in written amendments to the Agreement. The City Manager is authorized to enter into any amendments on behalf of the City. e 14. Notice: Notice pursuant to this Agreement shall be deemed effectively given if mailed as follows: e City of Monroe P.O. Box 69 Monroe, North Carolina 28111-0069 A TTN: City Manager 15. Entiretv of Al!reement: This Agreement embodies the entire Agreement between the parties hereto and may be waived, amended or supplemented only in writing executed jointly by both parties as stated before. IN WITNESS WHEREOF, Jaycees and the City have executed the Agreement on the day and year first above written. 134 e . e e e 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.7. Bude:et Amendments. A. Information Svstems - Miner and Miner. Information Systems Director John Jones requested by memorandum a budget amendment in the amount of $18,700 to fund the contract awarded to Miner and Miner for GIS Customization and Data Conversion on November 7, 2000. The original contract award was for customization work in the GIS system in the amount of $68,700. Even though the IS Department had only budgeted $50,000 for this work in the FY 2001 budget, staff did not request an additional appropriation at that time because they calculated that there were enough funds available with the carryover from FY 2000. However, staff did not realize that there was still an outstanding invoice from that work in the amount of $15,526. Staff requested Council appropriate funds in the amount of $18,700 from the General Fund Fund Balance in the project account so that work on this project could be completed. Council Member Kilgore moved to appropriate $18,700 from the General Fund Fund Balance to complete the project. 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. Natural Gas - Hamilton Place (Phase II) Subdivision and Cardinal Meadows Subdivision. Energy Services Director Don Mitchell advised by memorandum that Phase II of Hamilton Place subdivision in the City of Monroe, and Cardinal Meadows subdivision in Wingate, would soon be ready for natural gas facilities to be extended. The pipeline extensions will provide for a potential of 103 new gas customers. Mr. Mitchell advised that there will be 84 potential houses in Hamilton Place (Phase II) and 20 in the Cardinal Meadows subdivision. Construction costs are estimated at $57,000 for Hamilton Place (Phase II) and $20,000 for Cardinal Meadows. Staff recommended that $76,000 be appropriated from prior years' Fund Balance to provide for the construction of natural gas to these new subdivisions. Council Member Kilgore moved to appropriate $76,000.00 from prior years' Fund Balance for the construction of natural gas to Phase II of Hamilton Place subdivision and Cardinal Meadows subdivision. Council Member Smith seconded the motion, which passed unanimously with the following votes: 135 e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Natural Gas - Purchases and Sales. Energy Services Director Don Mitchell advised by memorandum that because of the increases in the cost of natural gas this year, the natural gas budget needs to be amended to reflect both the higher gas cost and revenues. The cost of natural gas has increased on average 30 percent this year over last fiscal year. Due to this increase and higher sales due to the, cold weather experienced in December 2000, the Natural Gas Budget needs to be amended. It is estimated that the cost of natural gas will be approximately $7,200,000 higher than budget. Likewise revenues will increase by an equal amount. Staff recommended that both natural gas expenditures and the natural gas revenue e line items be increased by $7,200,000. Council Member Kilgore moved to increase the natural gas expenditures and the natural gas revenue line items by $7,200,000. Council Member Smith seconded the motion, which passed unanimously with the following votes: e e . AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Electric Department - Hamilton Place (Phase II) Subdivision. Energy Services Director Don Mitchell advised by memorandum that Phase II of Hamilton Place subdivision will soon be ready for electric facilities to be extended. These facilities will provide for a potential of 72 new electric customers. The balance of the total 84 lot subdivision will be served with electricity provided by Union Power Cooperative. Construction costs are estimated at $158,400. Staff recommended that $158,400 be appropriated from prior years' Fund Balance to provide for the construction of electric facilities to Phase II of Hamilton Place. Council Member Kilgore moved to appropriate $158,400 from prior years' Fund Balance for the construction of electric facilities to Phase II of Hamilton Place. 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: E. CDC Downpayment Assistance Fundin~ Request. Director of Finance and Administration Sonia Vizcaino advised by memorandum that the purpose of this item was to provide a recommendation with regard to possible funding of $31,590 in additional downpayment assistance as requested by Ms. Isabelle Gillespie, Director of the Monroe-Union County CDC on March 19, 2001. As of this date, the FY 2000 and FY 2001 funding for downpayment assistance had been expended. Ms. Gillespie provided a list requesting 136 additional funding, outlining a request of $31,590 by evaluating requests that could be delayed until next year. Appropriations made in the past, including years prior to FY 2000, were financed by fund balance appropriations of the Community Development Fund. e Ms. Vizcaino stated that this fund was established to designate revenues received from various sources related to community development. An example of these revenues are: repayment of loans made during the rehabilitation of homes under four federal block grants in the Winchester area; repayment of the UDAG loan provided to Square D; remaining balances of appropriations made from the General Fund to provide funds for match of federal and state grants and operating expenditures of community development related projects. An example of the expenditures made from this fund have included the construction of community centers, revitalization programs, rehabilitation of homes not eligible under federal or state grants, downpayment assistance and revolving loan programs with the Monroe Historic District. e e Ms. Vizcaino stated that currently the Community Development Fund has a cash balance of approximately $173,000. The outstanding balance of loans provided under the Federal Block Grants is approximately $100,000; approximately $24,000 will be collected annually over the next four years. She further advised that possible funding for the request made by the Monroe- Union County CDC is as follows: 1) Limit the amount of the individual assistance to $7,500 to reduce the amount of request to $58,555 (as suggested by Ms. Isabelle Gillespie); (2) Appropriate fund balance from the Community Development Fund in the amount of the request leaving a balance of $114,000; and (3) Re-designate $30,000 remaining balance in the FY 2001 community assistance line item funding in the Planning and Zoning Department and appropriate the remaining balance of $28,555 from the Community Development Fund. Ms. Vizcaino advised that Ms. Gillespie had recommended changing the amount of assistance to ten percent of the sales amount or appraised value, whichever is less, not to exceed $7,500. This will increase the number of families provided with this assistance. It was the recommendation of staff that funds in the amount of $31,590 be appropriated from fund balance from the Community Development Fund to fund this additional request. Additionally, staff concurred with the recommendation to limit the individual client assistance e to ten percent of the sales amount or appraised value, whichever is less, not to exceed $7,500. The CDC Committee at their April 4, 2001 meeting recommended that City Council appropriate $75,000 from fund balance from the Community Development Fund to fund this additional request. The Committee also recommended that funds remaining from this appropriation at the end of this fiscal year be rolled over into next fiscal year. Also, the Committee asked staff to work with the CDC to develop strategies on stretching funds further. Council Member Kilgore moved to appropriate funds in the amount of $75,000 from the Community Development Fund Fund Balance for this additional request. Council Member . Smith seconded the motion, which passed unanimously with the following votes:l 137 e . e e . AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: REGULAR AGENDA Item No.8. Public Hearine:s. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. A. Project # 01-130-00002 - Rezoninl: Request - R-40 (Low Density Sinl:le Family Residential) to R-20-SU (Low/Moderate Density Sine:le Family Residential Special Use) - 29.07 Acres Located to the North of Fox Hunt Drive and to the East of Fowler-Secrest (Continued From Avril 3. 2001 Council Meeting). Mayor Davis opened this continued quasi- judicial public hearing. Planning Director Carol Rhea advised that this item was tabled to give an Ad Hoc Committee a chance to review the concerns raised by the citizens at the public hearing held on April 3, 2001. The Ad Hoc Committee did meet and was chaired by Council Member Lynn Keziah. Ms. Rhea reviewed the changes agreed upon at the Ad Hoc Committee meeting: 1) The petitioner will place a restriction on the lots in proposed Phase V requiring that all houses be built with predominantly brick exteriors. This was slightly modified because Mr. Williams did note that with gable ends and some porch roofs, he needed the flexibility to use alternative siding which would be consistent with Fox Hunt Phase IV. The new language would read "The wall area of all first floor walls will be entirely brick veneer with the exception of the gable roofs." 2) Citizens were concerned about the safety of ingress and egress from Fowler-Secrest Road onto Fox Hunt Drive. Mr. Williams agreed to improve Fox Hunt Drive from its intersection with Fowler-Secrest Road to a point beyond a proposed street that wiII serve Phase V. The street will be widened to 24 feet for a distance of approximately 800 feet and will include a taper that wiII be designed and approved by the City that will transition back into the existing Fox Hunt Drive south of the new street. The existing shoulder area should be sufficient to handle the widening and it will be used for that purpose. There may be existing mailboxes that will encroach or will conflict with the additional pavement and those will be relocated at the developer's expense. 3) The developer requested that City Council grant a waiver of modification of subdivision requirements for curb, gutter and sidewalks in Phase V in an effort to address the concerns raised by the citizens that these amenities are not in keeping with the design and character of the first four phases of the Fox Hunt subdivision. The site plan was redrawn to show the ditch line streets and was redrawn to exclude the sidewalks. 4) The developer agreed to build a fence between the proposed street and three lots or portions thereof that abut proposed Phase V (Lot #s 225, 226 and 227). The fence would be built on the property owners' land and written permission would have to be granted to the developer by the owners. They are currently located at the end of Hunter Davis Court. The fence would extend a minimum of 400 feet back from the end of the road. A request to modify this has been received by the property owner of Lot 225. This property owner requested that the fence not extend on their property as they plan to put up their own fence. 138 e e e . e 5) The developer agreed not to request or post a permanent sign for Phase V. There may be a temporary sign at the entrance to indicate that a development was in process. Mayor Pro Tern Bazemore questioned whether any action would be taken on the part of the fences that would be built on private property. Ms. Rhea responded that it was on Mr. Williams' notarized statement that he would put up the fence. Ms. Rhea felt that it would have to be predicated on Mr. Williams' getting permission from the property owners. Mr. Joey Woody, representing Mr. Noel Williams, spoke in favor of this request. He stated that he felt that an adequate plan to address citizens' concerns was reached at the Ad Hoc Meeting. He advised that a preliminary evaluation was completed at the start of this project and the lots were laid out to minimize weather disturbance and all local and federal codes had been met. They will be working with the Engineering Department and Planning Department to come up with a nice neighborhood and a plan that meets all standard guidelines. Mayor Davis questioned Mr. Woody regarding the specifics of the privacy fence. Mr. Woody advised that the brick columns with slats, as the citizens requested, would be built. The petitioner, Mr. Williams, reiterated what Mr. Woody stated. He commented that the meeting went very well and was happy that a conclusion for all involved had been reached. He advised that the reason no specific fence details were provided was because a picket fence would only require taking out a tree or two but a brick fence would require taking out additional trees. He stated that he needed something from the homeowners to work on the property and take out what trees are necessary. A surveyor will be brought in to pinpoint the lots. Mr. Williams pointed out the phase lines of the subdivision on a map to Ms. Rhea. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. B. Proiect # 01-110-00002 - Special Use Permit Request - 45 lot R-20-SU Major Subdivision (Fox Hunt-phase 5) - 29.07 Acres Located to the North of Fox Hunt Drive and to the East of Fowler-Secrest (Continued from April 3. 2001 Council Meeting). This continued quasi-judicial public hearing was held in conjunction with Item 8(A) above. C. Proiect # 01-100-00006 - Conditional Use Permit ReQuest - Four Classroom Expansion to Benton Heie:hts Elementary School - 1200 Concord Avenue - Union County Board of Education. Mayor Davis opened this quasi-judicial public hearing. Mayor Davis swore in the following individuals who planned to give testimony: David Powlen and Carol Rhea. Planning Director Rhea advised that this was a conditional use permit request by Union County Public Schools to add a 6,553 square foot addition to Benton Heights Elementary School located at 1200 Concord Avenue. Ms. Rhea advised that the petitioner's site is surrounded by residential uses zoned R-lO with the exception of Duke's Grill, which is also zoned R-lO on the south corner of Phifer Street. The property is located in a strategic neighborhood. Land 139 e . e e . Development Plan strategies relevant to this case include: (1) S-lf: Require all institutional uses in residential areas to be designed to minimize adverse impacts on adjacent residential properties and (2) S-lp: Prohibit the encroachment of incompatible, non-residential uses in established neighborhoods. Ms. Rhea stated that the petitioner proposed to add a 6,553 square foot classroom addition onto the east side (front) of the existing Benton Heights Elementary School toward Concord Avenue. The proposed addition will meet setback and parking requirements. The proposed addition will require the relocation of an existing driveway that currently connects to Phifer Street. The driveway will be moved slightly to the east, or to the front, of the school into the existing play area. Ms. Rhea advised that two non-conforming situations are noted: (1) Schools are required to have a minimum of ten acres according to the Monroe Code of Ordinances, Section 156.034(C)(1)(d). Benton Heights currently has 9.1 acres and (2) Approximately 38 existing parking spaces on Cherry Street back directly into Cherry Street, which is currently not allowed. Parking and circulation have been concerns around the Benton Heights School in the past. Ms. Rhea stated that the Planning Staff would like to point out that the existing Benton Heights School was built before a conditional use permit was required. The City began requiring conditional use permits for schools in March of 2000 with an amendment to the City Code. Any additions to a school require a conditional use permit where one has not been previously issued. Ms. Rhea stated that should City Council choose to approve the request, staff recommended the following conditions: (1) The development of the tract shall proceed in conformity to all development plans and design features submitted as part of the conditional 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 required by field conditions as defined in Section 156. 185(D)(2); and (2) The petitioner shall comply with all zoning regulations as specified in Chapter 156 of the Monroe Code of Ordinances before a Certificate of Occupancy can be obtained. Planning Board recommended approval as requested with staff's recommended conditions. Mr. David Powlen of Martin Boal Anthony and Johnson Architects spoke in favor of this proposal. Mr. Powlen advised he was representing the Union County Public Schools. He advised that this was a four-classroom addition and an addition of seven parking spaces, two of which are handicap accessible. They are aware and agreeable to the conditions that were mentioned above. Mayor Davis asked the following questions of Mr. Powlen in keeping with the required finding of facts: 140 e e e e e Mayor Davis: In your opinion, will the use not materially endanger the public health or safety if located where proposed and developed according to plan? Mr. Powlen: Yes. Mayor Davis: Mr. Powlen: In your opinion, does the use meet all required conditions and specifications? Yes. Mayor Davis: In your opinion, will the use not substantially injure the value of adjoining or abutting property? Yes. Mr. Powlen: Mayor Davis: In your opinion, will the location and character of the use, if developed according to the plan as submitted and approved, be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan? Mr. Powlen: Yes. Mayor Davis: In your opinion, will the proposed use be compatible with the neighborhood in which it is located, with respect to the location of the structures, and the location and design of parking and service areas? Mr. Powlen: Yes. Mayor Davis: In your opmlOn, will the streets and driveways as proposed provide adequate circulation for on-site and off-site circulation for vehicular and pedestrian movement consistent with the safety of the students and staff? Mr. Powlen: Yes. Mayor Davis: In your opinion, will existing infrastructure, including but not limited to streets, water and sewer, be adequate to serve the site and will not be adversely impacted by the proposed use? Mr. Powlen: Yes. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. D. Project # 01-100-00007 - Conditional Use Permit Request - Addition of Eie:ht Modular Classrooms and One Modular Office to Union Academv Site - 3828 Old Charlotte Hie:hwav - Union Academy. Mayor Davis opened this quasHudicial public hearing. Mayor Davis swore in the following individuals who planned to give testimony: Ken Templeton and Carol Rhea. Planning Director Rhea advised that this was a conditional use permit request by Union Academy to remove three existing mobile units and add eight new modular classrooms and one modular office unit at 3828 Old Charlotte Highway. Ms. Rhea further stated that the petitioner's site is surrounded by property zoned G-I, General Industrial. Martin Marietta Quarry is located to the east and north. A single family home is to the west and vacant agriculture land is located to the south. The petitioner's property is located in the Old Charlotte Highway area. 141 . . e e . Ms. Rhea advised that the petitioner received a conditional use permit from the City of Monroe on June 6, 2000 in order to establish Union Academy at the site of the old Shiloh Elementary School. The conditional use permit allowed for a maximum of three mobile units. The petitioner's request is to replace the three mobile units that exist with three new modular units. The petitioner also requested five additional modular classroom units and a modular office unit. This request will result in a total of eight modular classrooms and one modular office to be placed on the site. The petitioner proposed to replace the three existing mobile units and add one of the new modular units this year and place the remaining modular units on the site in 2002. Ms. Rhea further advised that the petitioner proposed to locate the modular units in the rear yard of the school. All parking, setback, and WS-III watershed area requirements as shown on the site plan have been met. Staff did not see any use compatibility issues based on the proposed location of the new modular units. Staff recommended should City Council choose to approve the request that no additional conditions be required; however, the use as amended would be subject to all of the original conditions placed on the permit (CUP 00-100-00004) by City Council with the exception that no more than eight modular classroom units and one modular office be placed on the site at anyone time. Planning Board recommended approval as requested with staff's recommended conditions. Mayor Davis asked the following questions of Mr. Ken Templeton in keeping with the required finding of facts: Mayor Davis: In your opinion, will the use not materially endanger the public health or safety if located where proposed and developed according to plan? Mr. Templeton: It is. Mayor Davis: In your opinion, does the use meet all required conditions and specifications? Mr. Templeton: Yes. Mayor Davis: In your opinion, will the use not substantially injure the value of adjoining or abutting property? Mr. Templeton: Yes. Mayor Davis: In your opinion, will the location and character of the use, if developed according to the plan as submitted and approved, be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan? Mr. Templeton: Yes. Mayor Davis: In your opinion, will the proposed use be compatible with the neighborhood in which it is located with respect to the location of the structures, and the location and design of parking and service areas? Mr. Templeton: Yes. 142 e e e e e Mayor Davis: In your opinion, will the streets and driveways as proposed provide adequate circulation for on-site and off-site circulation for vehicular and pedestrian movement consistent with the safety of the students and staff? Mr. Templeton: Yes. Mayor Davis: In your opinion, will existing infrastructure, including but not limited to streets, water and sewer, be adequate to serve the site and will not be adversely impacted by the proposed use? Mr. Templeton: Yes. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. E. Ordinance for Proposed Moratorium Until September 30. 2001 on Receivine: Applications for and/or Issuine: Permits Within the Hie:h Densitv Sine:le-Family Residential (R-8) Zonine: District. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this was a consideration of a request to enact an ordinance for a moratorium on the approval of permits for new development and substantial exterior modifications to existing development in the high density single-family residential (R- 8) district. Ms. Rhea advised that the Traditional Neighborhood Development (TND) Committee had requested the proposed moratorium be placed on the Council agenda for consideration due to imminent concerns regarding infill development in key neighborhoods of Monroe, specifically Winchester. The TND Committee is a sub-committee of the Land Development Committee. The moratorium would affect all areas that are currently zoned R-8, nearly all of which lie within the Winchester, Icemorlee, Quality Hill, West Monroe and Target Area neighborhoods. Ms. Rhea stated that the Committee asked that the proposal be fast-tracked due to their concerns. If approved, the moratorium would be in effect from the date of adoption until September 30, 2001. As a part of the update of the Zoning Ordinance, staff has been requested to evaluate ways to address the inftH concerns raised by the Committee. Staff recommended that the City Council adopt an ordinance to approve the moratorium. Likewise, the Planning Board at their meeting on April 4, 2001 recommended the ordinance be approved as submitted. Mr. Lewis Fisher, representing John Bentley of JMB Construction, addressed Council concerning this matter. He stated that his client had a piece of property that had over 12,000 sq. ft. but is zoned R-8. He discovered this afternoon that there are issues. He spoke with staff and Mr. Bazemore and they could not come to a resolution. He asked with respect to this property (Tax Code # 09228053A) that the moratorium not apply to this property and be put on the second City Council agenda in May for further discussion. 143 e e e e e Mr. Fisher stated that his client acquired this property back in October, applied for a building permit and it involved a few issues, one of which had to do with an alley that. had to be close~. The matter came on for a public hearing and his client was of the understandmg that the pubhc hearing on the matter would be held April 17, 2001. He spoke with the City Clerk and understood the public hearing was held in March. Mr. Fisher stated that if the moratorium is placed in effect tonight, this piece of property would be a nullity because you would have imposed a moratorium on Mr. Bentley's piece of property. City Attorney Milliken suggested that they not exclude this land from the moratorium as he felt this would jeopardize the whole moratorium. Mr. Milliken suggested that the following statement would serve the purpose. "That if in the opinion of the City Attorney a permit should have been issued based on the application presently on file with the City, then a permit will be issued with an effective date of April 16, 2001." Mr. Milliken stated that it was his understanding that Mr. Fisher felt the reasons given for not issuing a permit were not valid. Mr. Fisher replied that he spoke with staff and that a statute exists that may exempt this. He stated he was still trying to understand what was involved. He stated that he was not comfortable discussing the scope of the problem. Mr. Fisher questioned whether this would foreclose a right of appeal through the Board of Adjustment. Mr. Milliken advised that an appeal to the Board of Adjustment would take probably a month or so. Ms. Rhea stated that in speaking with Senior Planner David Fencl, it was his recollection that a permit was applied for twice and was turned down twice on this piece of property - once in November and once last week. Mayor Davis stated that when a permit was turned down, you had ten days to appeal. Mayor Davis questioned if Mr. Bentley applied to the Board of Adjustment before any vote is taken, would that exempt this property. City Attorney Milliken stated he did not know if Mr. Bentley had a right to appeal. Ms. Rhea stated that if an appeal was made based on the fact that staff made an error in their judgment on the merits of the permit, then she felt the Council could give consideration for that. Mr. Milliken advised that he could not make an opinion until he has had time to speak further with Ms. Rhea and Mr. Fisher. Mr. Fisher stated that he was only requesting an opportunity to look into the matter further. Council Member Jordan asked Mr. Fisher if in his opinion, he felt this was more of a legal matter or more of a question of zoning. Mr. Fisher responded that he felt it was more of a legal matter. Mr. Fisher stated that he preferred the opportunity to appeal that would allow him time to speak with Mr. Milliken. Mr. Fisher stated that, for the record, he would like to appeal to the Board of Adjustment on behalf of his client. Ms. Rhea advised that this would be heard before the Board of Adjustment on the fourth Thursday in May. Ms. Rhea advised that a staff member would provide him with the proper appeal form. Mr. Fisher asked that Council remember that his client's lot contains 12,000 sq. ft. He further commented that one option would be to request that this property be rezoned R-lO. Council Member Jordan asked Ms. Rhea if she was aware of anyone else who may fall within the same situation. Ms. Rhea advised that she was not aware of anyone else but would look 144 e . e e e into the matter further. Staff confirmed for the record that Mr. Bentley's last permit application was filed on April 11, 2001. Mr. Milliken read a draft statement that he proposed be added to the draft ordinance already prepared. "Be provided however that unexpired appeals may be made to the Board of Adjustment whose decision would be effective notwithstanding this moratorium." Mr. Milliken felt this would take care of Mr. Fisher's situation and others that may arise. Mr. Fisher agreed to the language. Ms. Rhea commented that it should be clear that if an appeal were made and lost, the moratorium is then in effect on that property. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. Item No.9. Action from Public Hearinl:s. A. Proiect # 01-130-00002 - Rezonine: Request - R-40 (Low Density Sin~le Familv Residential) to R-20-SU (Low/Moderate Densitv Sinele Family Residential Special Use) - 29.07 Acres Located to the North of Fox Hunt Drive and to the East of Fowler-Secrest. Council Member Hargett moved BE IT ORDAINED that this property be rezoned from R-40 (Low Density Single Family Residential) to R-20-SU (Low/Moderate Density Single Family Residential Special Use). Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: B. Project # 01-110-00002 - Special Use Permit ReQuest - 45 lot R-20-SU Maior Subdivision (Fox Hunt-phase 5) - 29.07 Acres Located to the North of Fox Hunt Drive and to the East of Fowler-Secrest. Council Member Smith 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): Noel Williams Property Location: Off Fox Hunt Drive. approximately 800 feet from the intersection with Fowler-Secrest Road Tax Map & Parcel # 09-298-081K & 09-298-124 29.07 Acreage: Deed Reference:BooK 1293 BOOK 1318 . PAGE . PAGE 140 692 145 . 1. 2. . 3. 4. e 1. e 2. 3. 4. - 5. Type and Intensity of Use: Develovment of a 45~lot R-20-SU maior subdivision (Fox Hunt. Phase V) Meeting Date: Avril 17 . 2001 Approval Date: Avri117, 2001 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: 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 The petitioner must complete all land purchases and transfers and submit copies of the recorded deeds to staff as evidence of land ownership prior to the recordation of the special use permit; and A 3D-foot general public utility easement shall be dedicated and centered on the existing sanitary sewer main located along Stewart's Creek and between lots 19 and 20; and 35 by 35,foot sight distance triangles shall be provided at all street intersections and a 10 by 70-foot sight distance triangle shall be provided where the proposed new subdivision connects with Fox Hunt Drive; and The supplementary design standards submitted by the applicant and attached hereto and herein by reference incorporated for all residences and lots within the subdivision. 146 · e e e 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. 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 June 15,2001. 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. Project # 01-100-00006 - Conditional Use Permit Request - Four Classroom Expansion to Benton Heie:hts Elementary School - 1200 Concord Avenue -Union Countv Board of Education. Council Member Kilgore moved BE IT ORDAINED that this Conditional Use Permit be approved in all respects: THE CITY OF MONROE, NORTH CAROLINA CONDITIONAL 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): Union Countv Board of Education Property Location: 1200 Concord Ave. (Benton Heiehts Elementarv) Tax Map & Parcel #: Acreage: 8.15 acres 09-266-166. 09-266-157B. 09-226-158 Deed Reference:BooK 269 BOOK 459 BOOK 7 . PAGE 492 . PAGE 3 . PAGE 89 Type and Intensity of Use: Four (4) Classroom Building Addition Meeting Date: Avril 17, 2001 Approval Date: Avril 17. 2001 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, considering e compliance with the conditions imposed below, the following findings are made: 147 1. e 2. 3. 4. The use will not materially endanger the public health or safety if located where proposed and developed according to plan; and The use meets all required conditions and specifications; and The use will not substantially injure the value of adjoining or abutting 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. The proposed use will be compatible with the neighborhood in which it is located with respect to the location of the structures, and the location and design of parking and service areas; and . 6. The streets and driveways as proposed provide adequate circulation for on-site and off-site circulation for vehicular and pedestrian movement consistent with the safety of the students and staff; and 7. The existing infrastructure, including but not limited to streets, water and sewer is adequate to serve the site and will not be adversely impacted by the proposed use. 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: e 1. The development of the tract shall proceed in conformity to all plans and design features submitted as part of the conditional 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 minoT changes to such plans as required by field conditions as defined in Section 156.185 (D) (2); and 2. The petitioner shall comply with all zoning and regulations as specified in Section 156 of the City of 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. 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 June 18,2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 148 e · e 1. 2. · 3. 4. 5. 6. · 7. D. Proiect # 01-100-00007 -Conditional Use Permit Reauest - Addition of Eieht Modular Classrooms and One Modular Office to Union Academy Site - 3828 Old Charlotte Hie:hway - Union Academy. Council Member Keziah moved BE IT ORDAINED that this Conditional Use Permit be approved in all respects: THE CITY OF MONROE, NORTH CAROLINA CONDITIONAL 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): Union County Board of Education Tenant: Union Academy Property Location: 3828 Old Charlotte Hil!hwaY Tax Map & Parcel #: 09-366-006 Acreage: 8.15 acres Deed Reference:BOOK 241 BOOK 72 . PAGE 679 . PAGE 509 Type and Intensity of Use: Addition of 8 modular classrooms and 1 modular office building Meeting Date: April 17, 2001 April 17. 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, considering compliance with the conditions imposed below, the following findings are made: The use will not materially endanger the public health or safety if located where proposed and developed according to plan; and The use meets all required conditions and specifications; and The use will not substantially injure the value of adjoining or abutting 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 The proposed use will be compatible with the neighborhood in which it is located with respect to the location of the structures, and the location and design of parking and service areas; and The streets and driveways as proposed provide adequate circulation for on-site and off-site circulation for vehicular and pedestrian movement consistent with the safety of the students and staff; and The existing infrastructure, including but not limited to streets, water and sewer is adequate to serve the site and will not be adversely impacted by the proposed use. 149 · · e · · 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 conditional 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 required by field conditions as defined in Section 156.185 (D) (2); and 2. The petitioner shall comply with all zoning and watershed regulations as specified in Sections 155 and 156 of the City of Monroe Code of Ordinances before a Certificate of Occupancy can be obtained; and 3. The petitioner shall have no more than eight (8) modular classrooms and one (1) modular office unit on the site at anyone time, and all modular classrooms and offices shall be located in the rear yard only. 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. 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 June 18, 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: E. Ordinance for Moratorium Until September 30. 2001 on Receivine: Applications for and/or Issuin~ Permits Within the Hieh Densitv Sinele-Familv Residential (R-8) Zonine: District. Mayor Pro Tern Bazemore moved to adopt Ordinance 0-2001-18: AN ORDINANCE TO ENACT A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE HIGH DENSITY SINGLE-FAMILY RESIDENTIAL (R-S) DISTRICT 0-2001-18 WHEREAS, a public hearing on the question of declaring a moratorium on the issuance of permits was held at City Hall Council Chambers at 6:30 p.m. on April 17,2001 after due notice by publication on April 6, 2001 and on April 13, 2001; and 150 e e e e e WHEREAS, it has become apparent that new development in the High Density Single-Family Residential (R-8) District is often incompatible in style, location, and character; and WHEREAS, the City's Land Development Committee and planning staff are in the process of developing a new City Zoning Code which will address development in the High Density Single-Family Residential District (R-8) within the zoning jurisdiction of the City. Adoption of the new City Zoning Code is expected on or before September 30, 2001; and WHEREAS, the City Council finds that six (6) months is a reasonable and necessary period of time to allow research, discussion, and actions concerning infill development; and WHEREAS, to receive applications for and/or allow development under existing code provisions without the benefit of study and consideration of the proposed new regulations relating to the protection of health, safety, and welfare of the public would not be in the best interest of the citizens residing within the zoning jurisdiction of the City of Monroe. NOW, THEREFORE, BE IT ORDAINED by the Monroe City Council pursuant to authority given in Article 19 of Chapter 160A of the North Carolina General Statutes that a moratorium on receiving applications for and/or allowing the processing of existing applications for which permits have not been issued for new construction or substantial exterior modifications (excluding normal and routine maintenance, and demolition) to existing developments within the High Density Single-Family Residential (R-8) zoning district of the City of Monroe be enacted from the date of adoption until September 30, 2001 provided, however, that unexpired appeals may be made to the Board of Adjustment whose decision will be effective notwithstanding this moratorium. Adopted this 17th day of April, 2001. Council Member Keziah seconded the motion, which passed with the following votes: AYES: Council Members Hargett, Keziah, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis Council Member Jordan NAYS: Item No. 10. Petition for Ordinance to Declare Certain ProDertv Unfit for Human Habitation, Code Enforcement Supervisor Rich Davis advised that this was a Petition for Ordinance to declare 711 Fairley Avenue unfit for human habitation and to proceed with the request to demolish and remove the dwelling located at 711 Fairley Avenue. Mr. Davis stated that on February 9, 2000 he investigated 711 Fairley Avenue and discovered that the roof, ceiling and floor had collapsed to the ground and that the walls, exposed to the weather for years perhaps, were rotten. It was Mr. Davis' opinion that the house was dilapidated as defined by the minimum housing ordinance (the cost of the repairs would exceed 50 percent of the value of the dwelling) and at his request, an independent appraisal was completed by Margaret Desio of W.E. Damon Associates. Mr. Davis stated that due to mistakes in the address of the home, three hearings were held in this matter. To date, no corrections have been made on the home. Staff recommended that Council accept the Petition for Ordinance and adopt the Ordinance to Declare the Property Unfit for Human Habitation so as to proceed with the process for demolition of this structure. 151 e e e e e Mayor Pro Tern Bazemore asked that if tomorrow the owner decided to make repairs to the home, how many days were allowed for these repairs before the home was demolished. Mr. Davis responded that the owner would have 90 days. Council Member Kilgore questioned who paid for the demolishing. Mr. Davis advised that once the lot was cleared, a lien would then be placed on the property. Mr. Donald O. Polk stated that he was the property owner and that Mr. Davis had contacted him about this several times. He stated that the last time Mr. Davis came to him, he asked him to board up the house. Mr. Polk agreed that the house was in terrible shape. He stated that he followed what he was instructed to do. He said he was told to board the house up and that Mr. Davis okayed the boarding up of the house. He stated that Mr. Davis told him he had one year to fix the house. After that, Mr. Polk stated that he received a letter from Mr. Davis stating that the City Attorney said that because of the condition of the house he would not be allowed to repair it. Mr. Polk stated that this is why no work has been done on the home. He was under the impression that he had a year's time to do this. Mr. Polk stated that he felt Mr. Davis did not state the facts correctly. Mayor Davis advised Mr. Polk that Council was informed of Mr. Davis' mistake and his boss went back and looked at the ordinance to ensure that what he had written was correct. Upon reviewing the letter, it was discovered that a year was not what was allowed in the case of a possible demolition. Mayor Davis stated that once they read the notes on the proposal, they questioned what time limit would be allowed for the homeowner to make substantial progress. Mayor Davis reiterated that Mr. Polk had 90 days to make a substantial renovation on the property. Mr. Polk stated that he had told Mr. Davis that if the property was not repairable he would gladly get rid of it. Council Member Jordan asked what was considered "substantial" improvements. Mr. Davis stated that the ordinance required the property to be 50 percent completed in order for it to be in the category of deteriorated which is the one-year time frame that was initially addressed. Mayor Davis asked Mr. Davis if what he said was that if Mr. Polk's improvements to the house within 90 days are 50 percent complete of making the house habitable again that would make it substantial improvements. Mr. Davis replied yes. Ms. Rhea stated that this house was actually appraised at the value of the land. The house is so deteriorated it has no value so to say that it be brought up to 50 percent of its value would be from value zero. Ms. Rhea stated that staff would have to feel the renovations were substantial enough to indicate a good faith effort on the part of Mr. Polk as well as to indicate that this house would be completely renovated for staff to come back to Council and request that the ordinance to demolish be rescinded. Mayor Davis stated that if the City were going to work with Mr. Polk on this, she expected him to go out and find someone to start repairing the home. Mr. Polk replied that if the house is not made the way it should be, then he would tear it down. Ms. Rhea advised that as far as she knew there would no automatic stay if Council adopted the proposed ordinance tonight to proceed to placard the house and to order demolition within 90 days. It does not automatically go away if Mr. Polk improves the property. The matter would 152 e e e . e have to come back to Council. City Attorney Milliken stated that he felt Mr. Polk should go ahead and decide at an early time if it is going to be worth improving the present structure or whether it is going to be better to tear it down. If Mr. Polk felt it was not worth improving, Mr. Milliken felt Mr. Polk could waive any further rights he had and let the City go ahead and demolish it unless Mr. Polk wished to demolish the home himself. Ms. Rhea stated that what she was trying to explain was that if Mr. Polk chose to go in and fix up the home, it does not automatically stay or effect this ordinance. It will have to be brought back to Council for further action if the home was brought up to a level that the City staff felt should not be demolished. Staff would have to bring this issue back to Council unless demolition were imminent. Mr. Polk questioned who would decide whether or not enough progress was made on the home. Mayor Davis replied that Staff would be the one to determine the progress and make their recommendation to Council. Ms. Rhea advised Mr. Polk that she felt that he as the owner had the right to petition Council on his own if he did not agree with staff and come and make an argument before Council and rescind the ordinance as well. She further stated that typically staff would initiate any such action. Mayor Pro Tern Bazemore questioned that if there were a substantial amount of progress made, could there not be an extension made rather than starting all over again. Mayor Davis stated that if in 90 days the home were brought up to deteriorated, the homeowner then has one year. Ms. Rhea stated that the house had no roof, no floor, based on the inspection reports, all of the walls have been rotted by the weather, and the house was in serious condition. Mayor Pro Tern Bazemore questioned whether or not it would be cheaper to demolish this home. Ms. Rhea stated that was a question that was up to the homeowner. Council Member Keziah questioned why Mr. Polk would want to rebuild what was not there. Mr. Polk stated that he had not come to the decision himself or with any expert to tell him that it was cheaper to tear down the home and rebuild. He will do this within the 90 days. Ms. Annie Allen questioned how long Mr. Polk's home had been in this condition. Mr. Polk replied that he did not know. An unidentified citizen stated that it had been this way for about 20 years. Mr. Polk disagreed with that length of time. Council Member Smith asked for a definition of what the percentage was identified with dilapidated and deteriorated. Mr. Davis stated that deteriorated would be 50 percent and 49 percent is dilapidated. Mr. Davis stated that he felt the percentage would be based on the final price of the structure because the home was valued at zero. Council Member Smith questioned that if the foundation was usable and Mr. Polk decided to refurbish the home and it was dried in, would that constitute 50 percent. Mr. Davis felt that the best legal advice would be to have another appraisal of the home as is and let that determination be made unless it was so clear that it was over 50 percent. Mr. Davis felt he could not make that judgment on his own without some professional advice. Council Member Smith stated that he knew when a home was dried in, a lender could make a draw on the home. Council Member Smith stated that if Mr. Polk decided to do that, he felt it would be reasonable. 153 e . e e e Council Member Keziah stated that the Winchester neighborhood in which this home is located has a lot of pride. He stated that Council made an asserted effort for this community to upgrade their neighborhood and felt they had a right to an opposition in this matter. Council Member Jordan questioned that if Mr. Polk spent "x" amount of dollars to dry the home in and some appraiser still felt that was not 50 percent of the value for the property to be safe, would that "x" amount of dollars just be thrown away. Mr. Harvell replied that what the inspectors would be looking at would be the whole interior would have to be gutted including floors, walls and roof. They would need a new floor system to make it totally safe. He stated that he felt the problem was going to be putting in new walls inside of a brick veneer. Mr. Harvell stated that Mr. Polk will have to somehow build onto the brick on the outside and put a new wall inside to support the brick to the wall on the inside, which was virtually impossible. However, it could be done but would require an engineering/architectural design to do that because it is not standard building practice to build into existing brick walls. The walls will have to be completely dried in, doors and windows in tact, new roof put on the structure including a minimum of felt paper or something to completely dry the home in. The structure is about 30 by 80 feet, and times a minimum of $35.00 to $40.00 a sq. ft. to a dried in point, would give you about what it would cost to complete the building. Mayor Davis asked that Mr. Harvell put this definition of "substantial" into writing and give it to Mr. Polk so that he would know what was expected and take it to his builder and advise that this is what he needed in 90 days. Mr. Milliken advised that Mr. Polk would need to obtain a building permit before making any renovations. A. Donald O. Polk. 711 Fairley Avenue - Petition for Ordinance. Council Member Keziah moved to accept the Petition for Ordinance: IN THE MATTER OF 711 FAIRLEY AVENUE DONALD O. & DOROTHY C. POLK DEED RECORDED IN BOOK 241, PAGE 593 UNION COUNTY REGISTRY PETITION FOR ORDINANCE The undersigned, Robert L. Harvell, respectfully shows to the City Council that by order dated November 20,2000, Richard T. Davis, Code Enforcement Officer, after notice and hearing, determined that the dwelling unit at the above location is unfit for human habitation and the property owners were given 90 days to demolish and remove said dwelling. A copy of said order is attached hereto as Exhibit "A" and incorporated herein by reference. That no appeal of said order was filed and the time for taking an appeal has expired. That 147 days have now elapsed and the property owners have failed to comply nor has an extension of time been requested or given. Pursuant to N.C.G.S. 160A-443(4) and (5) the undersigned requests the City Council to adopt an ordinance ordering the above Code Enforcement Office to proceed to effectuate the purposes of Chapter 160A, Article 19 of the North Carolina General Statutes with respect to the above property. The description of said property is as follows: 154 e e e . e Being all of Lots 5 & 6 in Block Q of the Monroe Land Improvement Companies' addition to Monroe, North Carolina, except the eastern ends of said lots which heretofore have been conveyed by the heirs of W. M. Nivens to Lester Dixon and Lillis Dixon by deed dated September 16, 1946, and recorded in Deed Book 105 at page 397, Union County Registry (for an accurate description of said lots, see Plat Book #1 at page 31, Union County Registry). The undersigned further requests the City Council for an order to post on the main entrance of the dwelling located on said property a placard with the following words: "This building is unfit for human habitation; the use or occupancy of this building for human habitation is prohibited and unlawful. " The undersigned further requests the City Council to authorize the undersigned to utilize all statutory means of enforcing the order and any ordinance adopted by the Council including but not limited to the remedies set out in N.C.G.S. 160A-175(e) and (f) and N.C.G.S. 160A-443(4) and (5). This the 17111 day of April, 2001. Respectfully Submitted, Isl Robert L. Harvell, Building Standards Manager 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. Donald O. Polk - An Ordinance To Declare the Property Unfit for Human Habitation. Council Member Keziah moved to adopt Ordinance 0-2001-15: ORDINANCE OF THE MONROE CITY COUNCIL TO DECLARE THE PROPERTY OF DONALD O. & DOROTHY C. POLK AT 711 FAIRLEY AVENUE UNFIT FOR HUMAN HABITATION 0-2001-15 This matter comes before the City Council on the petition of Robert L. Harvell, Building Standards Manager, for an ordinance ordering the said Richard T. Davis, Code Enforcement Officer, to proceed to effectuate the purpose of Chapter 160A, Article 19 of the North Carolina General Statutes with respect to the property hereinafter described and it appearing to the Council and it so finds based upon the petition and the documentation filed in this matter and any statements made by Robert L. Harvell, that the said Richard T. Davis, Code Enforcement Officer has complied with the requirements of Chapter 153 of Title XV of the City of Monroe Code of Ordinances and Article 19 of Chapter 160A of the North Carolina General Statutes with respect to the property hereinafter described and that the property owner has failed to comply and that it is proper to adopt the ordinance requested in the petition. NOW, THEREFORE, BE IT ORDAINED THAT: 155 e . e e e Section 1. The dwelling located on the property hereinafter described is unfit for human habitation. Section 2. That the order of Richard T. Davis. Code Enforcement Officer was not appealed and the time for appeal has expired and is found to be correct and proper and is therefore ratified and incorporated herein by reference. Section 3. That the property owner has failed to comply with the order and the Code Enforcement Officer is ordered to proceed to effectuate the purposes of Chapter l60A, Article 19 of the North Carolina General Statutes with respect to said property. Section 4. That the description of said property is as follows: Being all of Lots 5 & 6 in Block Q of the Monroe Land Improvement Companies' addition to Monroe, North Carolina, except the eastern ends of said lots which heretofore have been conveyed by the heirs of W. M. Nivens to Lester Dixon and Lillis Dixon by deed dated September 16, 1946, and recorded in Deed Book 105 at page 397, Union County Registry (for an accurate description of said lots, see Plat Book # 1 at page 31, Union County Registry). Section 5. That the Code Enforcement Officer is ordered to post on the main entrance of the dwelling located on said property a placard with the following words: "This building is unfit for human habitation; the use or occupancy of this building for human habitation is prohibited and unlawful." Section 6. That the Code Enforcement Officer is authorized to utilize all statutory means of enforcing the order and this ordinance including but not limited to the remedies set out in N. C. G. S. 160A-175(e) and (t) and N.C.G.S. 160-443(4) and (5). Section 7. This ordinance shall be recorded in the Office of the Register of Deeds for Union County and indexed in the grantor index under the property owner's name. Section 8. This ordinance shall be effective from and after the date of its adoption. Adopted this 17th day of April, 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: Item No. 11. Award of Bid - Fire Ladder Truck. Administrative Services Manager Mike Keziah stated that this was a consideration of bids received for a 100' Aerial Ladder Apparatus Truck for the Fire Department. Mr. Keziah advised that on March 1, 2001, staff received bids for a 100' Aerial Ladder Apparatus Truck for the Fire Department. Bid tabulation is as follows: 156 . e e e . VENDOR TRUCK CAR VISION ON SPOT FED DOT TOTAL DELIVERY CHAIN INSPECT Custom Fire $688,988.00 No bid $2,425.00 No bid $691,413.00 14-15 months and Safety Slagle's Fire $669,595.00 $4,000.00 $2,000.00 $250.00 $675,845.00 12 months Equipment Triad $672,955.00 $4,500.00 $1,950.00 Included $679,405.00 11 months American LaFrance Triad Fire, $726,000.00 $2,359.00 $2,687.00 $30.00 $731,076.00 7 -8 months Inc. Staff recommended that City Council award the bid to Slagle's Fire Equipment & Supply Company for the sum of $675,845. There are sufficient funds budgeted for this item. Council Member Kilgore made a motion to award the bid for a 100' Aerial Ladder Apparatus Truck to Slagle's Fire Equipment & Supply Company for the sum of $675,845. 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. 12. Renovations to City Hall. City Manager Doug Spell stated that this project originally started out as renovating downstairs in City Hall to accommodate the Building Standards' area. The budget request also included some furnishings because modular office units will be used. There are also some improvements on the second floor in the Planning and Development area that will be in the area of the permit counter. In the Human Resources Department, there will be a new office created in the existing space. There will also be two sets of glass doors put on each side of the Council Chambers so that the rest of the office area can be secured at night. This will allow public entrance to the Council Chambers and not other areas of the building. The IS Director will be relocated and this office will become a Council conference room. Improvements will be made in the reception area in the Administration Department to improve space utilization. Door locks will be replaced as well as putting panic push bars on the doors for variance ADA compliance. The target date for completion is July 1, 2001. There are also temporary storage containers on the grounds. Council Member Jordan stated that in the Community Development Committee Meeting they had discussed updating the plan for the handicapped. He questioned whether this renovation had anything in it for the elevator lift from the first floor to second floor or if there was anything in this for the handicapped. Assistant City Manager Mark Donham advised that all improvements made will comply with the ADA regulations. Mr. Donham stated that one way to handle the elevator situation would be to develop a written policy for the way this was handled. There is a door downstairs that is not wide enough and will now be prepared to comply with ADA. 157 e . e e e Mr. Donham advised that bids were received on April 12, 2001 for renovation of City Hall. He stated that Architect Marshall Caudle worked with City staff and designed the improvements requested for the new Building Standards Department, the new counter area, and the Human Resources area. Bid tabulation is as follows: Vendor Total Bid W. G. Holden $146,172 H. C. Rummage 187,425 A. Watts 194,931 Maxco 196,000 Based on their qualifications as evaluated by Mr. Caudle, staff recommended that Council appropriate funds and award the bid to W. C. Holden Construction Co. for $146,172. A. Bude:et Amendment. Council Member Keziah moved to adopt Budget Amendment BA- 2001-04: Budget Amendment City Hall Renovations BA-200l-04 WHEREAS, the City Council has considered and approved the creation of the Building Standards Department; and the establishment of a new position to assist with the Human Resources Department and the City Attorney; WHEREAS, the City of Monroe will have its new Building Standards Department in full operation on July I, 2001. This is requiring the City to remodel and rearrange office space to house the increase in staffing to operate the Department. There will be a significant increase in customer traffic in the counter area of the Department of Planning and Development due to the addition of the Department of Building Standards. To handle this increased flow, renovations and modifications will be made. The Department of Human Resources is also adding an administrative assistant position so new office space will be provided. Other issues such as security are also being addressed. NOW, THEREFORE, the Monroe City Council appropriates the following revenues and expenditures: GENERAL FUND: Revenues: Appropriation of Fund Balance $258,900 Expenditures: Renovation Costs $258,900 This the 17tl' day of ADril , 2001. Council Member Hargett seconded the motion, which passed unanimously with the following votes: 158 e e e e . AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Award of Contract. Council Member Smith moved to award the bid for City Hall renovations to W. C. Holden Construction Co. in the amount of $146,172. 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. 13. Call for Special City Council Meetinl:s - Fiscal Year 2001/2002 Bude:et Schedule. City Manager Spell advised that he was in the process of working with City Departments on the FY 200112002 Annual Budget. In preparation for the budget document which will be submitted to City Council for consideration, the Budget Schedule listed below was prepared for City Council's consideration: DATE TIME EVENT May 7.2001 N.A. City Manager Completes Recommended Budget May 8-15, 2001 N.A. Budget Document Preparation (Copying of Budget Packets) May 15, 2001 N.A. Budget Packets Sent to City Council May 15, 2001 N. A. Outside Agency Committee Recommendations Forwarded to City Council May 24, 2001 * 3:00 p. m. City Council Budget Work Session (City Manager and Department Directors Present Budl!:et to Council and Receive Input) May 31, 2001 * 4:00 p. m. City Council Budget Work Session (If additional time is needed) June 9, 2001 N.A. Advertise Public Hearing Date June 19,2001 6:30 p. m. Budget Public Hearing To Be Announced* TBA City Council Adopt Budget * Special Called City Council Meetings Mr. Spell advised that the schedule calls for budget packets to be submitted to City Council Members by May 15, 2001. The following week, a Budget Work Session has been tentatively scheduled for May 24, 2001, beginning at 3:00 p.m., at which time department directors, Finance and Administration Director, and the City Manager will make a brief presentation to Council on each of the departmental budgets. Mr. Spell advised that should additional work session times be needed, that had been tentatively designated for May 31. Mr. Spell further advised that he had not provided a date at 159 e e e e e this time for City Council to actually adopt the budget. This was based in part on the recommendation of the N. C. League of Municipalities recommending that cities not adopt their budgets until there is more certainty with regard to the State adopting their budget. Mr. Spell advised that he would envision this meeting being scheduled around the end of June 2001. Lastly, Mr. Spell stated that in looking at upcoming Council meetings, City Council is scheduled to have a regular meeting on July 3, 2001. With the July 4th holiday the following day, staff requested input from City Council on whether this meeting should be cancelled or held as scheduled. At present, staff was not aware of any items that would be adversely affected due to the cancellation of the meeting, should Council desire to do so. Staff requested City Council call for Special City Council Meetings on May 24, 2001 and May 31,2001 and should Council wish to cancel the July 3, 2001 meeting, staff requested action be taken to cancel this meeting. A. Bud~et Work Session - May 24. 2001 at 3:00 p.m. Council Member Kilgore moved to call for a Special Budget Work Session to be held May 24, 2001 at 3:00 p.m. in the City Hall Council Chambers. Councilmember Keziah seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Bude:et Work Session - Mav 31. 2001 at 4:00 p.m. Council Member Kilgore moved to call for a Special Budget Work Session to be held May 31, 2001 at 4:00 p.m. in the City Hall Council Chambers. Councilmember Keziah seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Cancellation of Ree:ular City Council Meetine: Scheduled for July 3. 2001. Council Member Kilgore moved that the Regular City Council Meeting scheduled for July 3, 2001 be cancelled. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 14. Other Business - 905 Gillman Street. Council Member Kilgore stated that he had received a phone call that there were two refrigerators in front of 905 Gillman Street. One 160 e . e e - door is open and one door is closed. City Manager Spell will have this checked out immediately. Item No. 15. Closed Session - Property ACQuisition. Council Member Keziah made a motion to move into Closed Session to discuss 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: Upon return from Closed Session and there being no further business, Council Member Keziah moved to adjourn. 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: The Regular City Council Meeting of April 17, 2001 adjourned at 8:30 p.m. Minutes transcribed by Bridgette Robinson, Administrative Assistant II 04-17-01 161