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05/01/2001 · · e · e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 May 1, 2001 - 6:30 p.m. AGENDA 1. Minutes of Regular City Council Meeting of April 17, 2001 Minutes of Land Development Committee Meeting of March 8, 2001 Minutes of Planning Board Meeting of March 7, 2001 Minutes of Transportation Committee Meeting of March 8, 2001 Minutes of Old Armory Building Committee Meeting of April 23, 2001 Minutes of the Monroe- U mon Historic Properties Commission Meeting of April 3, 2001 2. Call for Public Hearings to be Held May 15, 2001 A. Project # 01-100-00009 Conditional Use Permit Request - Improvements to the Monroe Municipal Airport - Approximately 159 acres Located Off Airport Road - City of Monroe B. Resolution to Call for a Public Hearing to Consider An Appropriation for the Extension of Utility Facilities to the Monroe Corporate Center 3. Request for 10170 High Density Watershed Allocation - Hughes Supply 4. Declaration of Surplus Property for Auction 5. Summary of Contracts Awarded Pursuant to 0-2001-17 and Change Orders Executed Pursuant to R-2000-76 6. Award of Contract for Water Treatment Plant Upgrade A. Budget Ordinance B. A ward of Contract 7. Resolution Authorizing Condemnation to Acquire Water and Sewer Easements, Abualeinan Property, N. Rocky River Road REGULAR AGENDA 8. Public Hearings A. Project # 01-130-00006 - Zoning Map Change Request - R-20 (Low/Moderate Density Single-Family Residential) to G-I (General Industrial) - Approximately 34 Acres at Intersection of Stafford Street Extension and Morgan Mill Road - Carolina Tractor and Equipment Company B. Project # 01-600-00001 - Annexation Request - 4907 Myers Road - 6.043 Acres 162 e e e e e C. Project # 01-130-00007 - Initial Zoning Request (County RA-20 to City R-20) - 4907 Myers - 6.043 Acres D. Project # 01-120-00006 - Zoning Text Amendment - Addition of Storage Unit Regulations E. Project # 01-120-00011 - Zoning Text Amendment - Change Submission Deadline Date for Board of Adjustment From 10 days to 15 days 9. Action from Public Hearings A. Project # 01-130-00006 - Zoning Map Change Request - R-20 (Low/Moderate Density Single-Family Residential) to G-I (General Industrial) - Approximately 34 Acres at Intersection of Stafford Street Extension and Morgan Mill Road - Carolina Tractor and Equipment Company B. Proposed Annexation Ordinance - Project # 01-600-00001 - 4907 Myers Road - 6.043 Acres C. Project # 01-130-00007 - Initial Zoning Request (County RA-20 to City R-20) - 4907 Myers - 6.043 Acres D. Ordinance - Project # 01-120-00006 - Zoning Text Amendment - Addition of Storage Unit Regulations E. Ordinance - Project # 01-120-00011 - Zoning Text Amendment - Change Submission Deadline Date for Board of Adjustment From 10 days to 15 days 10. Citizens Group - Arnold Drive 11. FY 2002 - Funding Request from District Attorney 12. Resolution in Support of the Community of Fairview 13. Appointments A. Monroe Housing Authority B. Monroe Housing Authority 14. Closed Session - Property Acquisition 05-01-01 163 · e e e e CITY OF MONROE CITY COUNCIL MEETING MAY 1, 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 May 1, 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: Bengie Mullis, Betty Bradshaw, Joe Bradshaw, Freddie G. Kirk, Cherry Kirk, Lycronia Parker, Hazel Mills, Bobby Mullis, Becky Mullis, Mario Elliott, Jess Perry, Mark Wright, Ron Parker, Brian Hoffman, Mark Donham, Jim Loyd, Jay Henson, Winford Rivers, Goldie Rivers, Wade Cope, La Vondra Edwards, Troy Penny, Heather Howard, and others. Mayor Davis called the Regular City Council Meeting of May 1, 2001 to order at 6:30 p.m. A quorum was present. CONSENT AGENDA: Mayor Davis reviewed the Consent Agenda and asked if any member of the Council or the public would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. No such request was received. Written background information was provided, in advance, in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No.1. Minutes of Re2ular City Council Meetin2 of April 17. 2001. Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of April 17, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: 164 e . e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Minutes of the Land Development Committee Meeting of March 8, 2001, Minutes of the Planning Board Meeting of March 7, 2001, Minutes of the Transportation Committee Meeting of March 8, 2001, Minutes of the Old Armory Building Committee Meeting of April 23, 2001 and Minutes of the Monroe-Union Historic Properties Commission Meeting of April 3, 2001 were received as information by Council. Item No.2. Call for Public Hearings to be Held May 15~ 2001. A. Project # 01-100-00009 - Conditional Use Permit Request - Improvements to the Monroe Municipal Airport - Approximately 159 Acres Located Off Airport Road - City of Monroe. Council Member Kilgore moved to call for a public hearing to be held May 15, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None B. Resolution to Call for a Public Hearing to Consider An Appropriation for the Extension of Utility Facilities to the Monroe Corporate Center. Council Member Kilgore moved to adopt Resolution R-2001-33 to call for a public hearing to be held May 15,2001 at 6:30 p.m. to consider this request: RESOLUTION TO CALL FOR PUBLIC HEARING TO CONSIDER AN APPROPRIATION FOR THE EXTENSION OF UTILITY FACILITIES TO THE CORPORATE CENTER R-2001-33 BE IT RESOLVED, that the City Council of the City of Monroe will conduct a public hearing at 6:30 p.m., May 15, 2001 pursuant to North Carolina General Statues 158.7.1 c for the purpose of considering an appropriation for the extension of utility facilities as authorized by N.C.G.S. 158-7.1 (b)(5) on property which it owns at its Corporate Center on Goldmine Road. The estimated cost of the utility facilities is $445,000. The proposed source of funding is the electric fund. The City Clerk is directed to give notice of this public hearing as required by law. This rday ofMa):, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: 165 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Item No.3. Request for 10/70 High Density Watershed Allocation - Hughes Supply. Planning Director Carol Rhea advised by memorandum that this was a consideration of a 10/70 high-density watershed request by Hughes Supply for ten acres located at the intersection of Airport Road and Old Charlotte Highway. Ms. Rhea stated that the petitioner was requesting City Council consider allocating ten acres of a 14.68 acre tract for the 10/70 high-density watershed option. Approval of this request would allow the petitioner to develop the ten acres to a maximum of 70 percent impervious coverage. The remaining 4.68 acres would be limited to a maximum of 50 percent impervious coverage. The petitioner's property meets the requirements for the 10/70 high-density option due to the property abutting Old Charlotte Highway, the acreage requested being ten acres or less, and a stormwater management control plan being incorporated for the development. The petitioner's property lies in the WS-III watershed, which has a total of 440 acres available for the 10/70 option. As of April 9, 2001, 143.227 acres have been allocated. Staff recommended that the City Council approve the petitioner's 10/70 high-density watershed option request as submitted. Council Member Kilgore moved to approve the petitioner's 10/70 high-density watershed option request as submitted. 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 NA YS: None Item No.4. Declaration of Surplus Property for Auction. Director of Finance and Administration Sonia Vizcaino advised by memorandum that this was a request to declare the following items surplus: Fixed Asset # Description Department 769 94 Caprice Police 766 93 Caprice Police 732 92 Caprice Police 600 92 Caprice Police 595 92 Caprice Police 608 93 Caprice Police 157 Ford Pickup Water Resources 5412 Vibratory Tamp Water Resources 672 84 Flatbed Dump Water Resources 149 Flash Arrow Board Water Resources 96100543 Landscape Rake Water Resources 180 Trench Box Water Resources N/A Small boring machine Water Resources N/A Boom winch Water Resources 166 e e e . e 995 Piercing Tool Water Resources 668 18" JCB Bucket Water Resources COO96l Stihl pipe saw Water Resources C00247 Stihl pipe saw Water Resources C00245 Stihl pipe saw Water Resources CO 1 099 Partner K700 Water Resources 164 92 LS4300 Linkbelt Water Resources 187 89 Crown Vic Water Resources 867 Welder Water Resources 904,907,905,906 Portable water samplers Water Resources 850 87 S 1 0 pickup Water Resources N/A Folding machine Finance N/A Voice Recorder Police N/A Pool Table Parks N/A Television Parks 12 Leaf Collector Parks 123 Dodge ton truck Parks 18 Ford Flat Bed Dump Parks 815 Dodge Truck Street ***245 2 ton GMC truck Street ***837 3/4 ton Pickup Street 9912048080 Generator Street 718 GMC Pickup Fire COO776 Honda Generator Fire 215 92 Ford Econoline van Electric 255 92 Ditch Witch trencher Electric ***673 93 Ford F250 Truck Electric N/A Office Supplies N/A N/A Computers N/A N/A Mobile Radio/Communication Equipment N/A Misc. Furniture N/A N/A Miscellaneous Other Smallltems (Items indicated with an asterisk(*) may not be sold at auction because the replacement item(.<i} may not arrive by the time of the auction. These items will be sold at a later date.) Ms. Vizcaino advised that the City's annual surplus auction will be held on Saturday, June 9, 2001 at 10:00 a.m. at the City of Momoe Operations Center. The auctioneer will be Classic Enterprises of Locust. The process used will be the same "buyer's premium" format as in the past. Ms. Vizcaino stated that the process was such that the buyer pays the auctioneer directly for the auctioneer's percentage of the sale. This process allows the City full receipt of proceeds. Staff recommended that Council declare the items as surplus. Council Member Kilgore moved to declare the equipment as surplus, and to approve Classic Enterprises of Locust as the auctioneer for the sale to be held June 9, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: 167 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Item No.5. Summary of Contracts Awarded Pursuant to 0-2001-17 and Chan2e 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 4-18-0 1 Maxco, Inc. MaintenancelEquipment Storage Building- $97,675.00 Monroe Country Club 4-18-0 1 Marshall E. Caudle, Architectural Service Agreement for Parks Hourly rate with Architect Maintenance Building guaranteed maximum of$12,000.00 4-6-01 Hobbs, Upchurch & Survey and Mapping Service: Associates, P. A., ~ Sewer Main Easement Plats along Rocky Consulting Engineers River Road $3,629.00* - Abualeinan Condemnation Plat - Location of Manholes on Old Charlotte Highway and Rocky River Road 3-30-01 S&ME, Inc. Preliminary Subsurface Exploration - $3,000.00* Monroe Corporate Center 3-30-01 S&ME, Inc. Subsurface Exploration - Shell Building $1,950.00* 4~6-0 1 On-Spec Testing, Inc. Quality Assurance Testing and Inspections- $17,960.00 Corporate Center Phase IV · Approved hy Department Director Mr. Spell advised that no Change Orders had been approved over this period. Item No.6. Award of Contract for Water Treatment Plant Upgrade. Water Resources Director Russ Colbath advised by memorandum that this was a consideration of the contract award for water treatment plant process upgrades, funding for an in-lake aeration system, and the related Capital Project Budget Ordinance. Mr. Colbath stated that the new regulatory mandates by the United States Environmental Protection Agency were impacting many public water suppliers that use chlorine to disinfect water before delivery to customers. These regulations become effective in December 2001, and will require the City to switch from using only chlorine for water disinfection, to using a combination of chlorine and ammonia. This practice, called "chloramination," has been used for many years by many water utilities across the United States. Mr. Colbath advised that in the State of North Carolina, Raleigh, High Point, and others currently use this process to ensure that their water is safe for consumption. Mr. Colbath further stated that as a proactive and preventative approach to enhancing water quality for the City's drinking water customers, crews from the Water Resources Department 168 e e e e e were constructing an in-lake aeration system designed to eliminate discolored water and taste and odor problems caused by lake stratification. Mr. Colbath advised that formal bids were received from licensed contractors for the installation of new "chlorarnination" process equipment on April 24, 2001. The bids have been reviewed for proper form and responsiveness. The bid results are as follows: AMMONIA FEED SYSTEM JOHN GLENN WATER TREATMENT PLANT CITY OF MONROE, NORTH CAROLINA BID TABULATION April 24, 2001 CONTRACTS CONTRACTOR Terry & Terry Brown Utility Harris Construction Contractors SURETY Mountbatten RLI Insurance Co. Cameron M. Harris Co. Surety Co., Inc. LICENSE NO. 47068 - 15844 - Unlimited 6794 - Unlimited Unlimited ITEM ITEM TOTAL TOTAL TOTAL NO. DESCRIPTION PRICE PRICE PRICE P Cash Allowance 1,000 1,000 (Permits) 1,000 T Cash Allowance 3,000 3,000 (Testing) 3,000 A Ammonia Feed 364,000 System 263,469 271,000 B Total Lump Sum 267,469 275,000 368,000 C Contingency (3%) 8,024 8,250 11,040 D TOTAL BID $275,493 $283,250 $379,040 The consulting engineer's estimate for the chloramination project was in the amount of $273,500. Engineering fees for the project are $65,000. The aeration system cost estimate is $88,000. The contract for the installation of the chloramination equipment stipulates 120 calendar days for completion, and City crews will complete the in-lake aeration system in May 2001. Staff recommended that City Council award the contract for the installation of new chloramination process equipment to Terry and Terry Contractors in the amount of $275,493. Staff also recommended that City Council adopt a capital project budget ordinance in the amount of $450,000 which would fund this contract, project engineering fees, the in-lake aeration system, and a project contingency often percent. A. Bud2et Ordinance. Council Member Kilgore moved to adopt Budget Ordinance BO-2001- 03: 169 e e e . e CAPITAL PROJECT BUDGET ORDINANCE WATER TREATMENT PLANT PROCESS UPGRADE BO-200t-03 WHEREAS, new regulations promulgated by the United States Environmental Protection Agency are changing water treatment requirements for public water suppliers; and WHEREAS, the City desires to provide reliable, quality water supply to the citizens of Monroe; and WHEREAS, the City's current treatment process is not capable of meeting the new treatment requirement. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe establishes a capital project entitled "Water Treatment Plant Process Upgrade" and appropriates the following revenues and expenses: Revenue: Transfer From Water and Sewer Fund $450,000 Expense: Project Costs $450,000 BE IT FURTHER ORDAINED that an amendment to the Water and Sewer Fund budget for FY 2000-2001 is approved to appropriate fund balance to transfer $450,000 to the Water Treatment Plant Process Upgrade Capital Project Fund. Approved this 1 st day of May, 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 NAYS: None B. A ward of Contract. Council Member Kilgore moved to award the contract for the installation of new chloramination process equipment to Terry and Terry Contractors in the amount of $275,493. Council Member Smith seconded the motion, which passed unanimously with the following votes: A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None 170 e e e e e Item No.7. Resolution Authorizin2 Condemnation to Acquire Water and Sewer Easements~ Abualeinan Property. N. Rocky River Road. Water Resources Director Russ Colbath advised by memorandum that this was a consideration of utilizing condemnation to acquire a water and sewer easement needed to complete water and sewer improvements on North Rocky River Road. Mr. Colbath advised that in June 1999, the City completed the annexation of the area along Rocky River Road, generally between Secrest Shortcut Road and Unionville-Indian Trail Road. He advised that the City was in the process of completing Phase 1 water and sewer infrastructure extensions to the annexed area. Over the past two years, City staff has worked with over 25 property owners in this area to obtain water and sewer casements. Howevcr, an impasse has been reached with Mohamad and Sarah Abualcinan. Mr. Colbath statcd that an easement was rcquired to complete the water and sewer projects in the annexed area. The easement was appraised at $900. Staff recommended that City Council adopt a condemnation resolution for the Abualeinan property to allow completion of the water and sewer installations in the Rocky River Road annexation area. Council Member Kilgore moved to adopt Resolution R-200l-32: A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE A WATER AND SEWER LINE EASEMENTS OVER CERTAIN PROPERTY OF MOHAMAD ABUALEINAN AND WIFE, SARAH ABUALEINAN R-2001-32 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire a water and sewer line easement over certain property owned by Mohamad Abualeinan and wife, Sarah Abualeinan and encumbered by a Deed of Trust in favor of Robert Delwyn Hargett and wife, Karen K. Hargett, Book 578, Page 313, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound water and sewer system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its water and sewer lines and related facilities over the property hereinafter described to connect with other water and sewer lines to be constructed in the area of Rocky River Road and Unionville-Indian Trail Road, as authorized by North Carolina General Statutes 160A~312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: 171 e 1. 2. 3. 4. . 5. 6. 7. 8. e C. A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in the City of Monroe, Union County and State of North Carolina and more fully described in Deed Book 856, Page 532, Union County Registry, and to construct, maintain and operate water and sewer lines and other necessary apparatus and appliances, the particular description of the right of way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: To enter said premises to inspect said lines. To perform necessary maintenance and repairs. To make alterations and additions thereto. To remove from the right-of-way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. To install manholes, valves, fire hydrants, and other necessary appurtenances. To regulate, restrict or prohibit any future building (construction or structure) within the easement. To regulate, restrict or prohibit any changes of grade within the easement. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest herein described and to use the quick take provisions ofN. C. G. S. 40A-42 (a). Adopted this ~ day of May. 2001. 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: REGULAR AGENDA e Item No.8. Public Hearings. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. 172 e e e e e A. P..oject # 01-130-00006 - Zoning Map Change Request - R-20 (Low/Moderate Density Single-Family Residential) to G-I (General Industrial) - Approximately 34 Acres at the Intersection of Stafford Street Extension and Moq~an Mill Road - Carolina Tracto.. and Equipment Company. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this was a consideration of a rezoning request by Carolina Tractor and Equipment Company to rezone 32.12 acres located on the southwest corner of the intersection of Stafford Street Extension and Morgan Mill Road. Ms. Rhea advised that the site was located outside the City limits, but inside the extra-territorial zoning jurisdiction of the City of Momoe. Currently, there is vacant land to the south zoned G-I, and vacant land to the east between the intersections of Morgan Mill and Olive Branch Road zoned R-20. Northwest is a window manufacturing plant (Windsor Window Co.), and to the north along Stafford Street Extension there is a vacant lot, a textile manufacturer (Encore Textiles, Inc.), and a propane tank storage lot all outside the City limits and extra-territorial zoning jurisdiction. An abandoned farmhouse is located on the property. A small portion of the lot in the northwest comer is inside the WS-III Watershed District and the property does not lie within a floodplain. Ms. Rhea stated that the property was located in an area identified for light-industrial development. Development considerations included access to public infrastructure and compatibility with adjacent areas. Relevant Land Development Plan Objectives included the following: (1) 0-3a: To encourage environmentally conscious industries to locate in Monroe; (2) 0-3b: Protect existing industrial corridors; (3) 0-3c: Encourage a diverse mix of industries; and, (4) 0-3d: Promote managed growth. Ms. Rhea further advised that the Relevant Land Development Plan Strategies to this case included the following: (1) S-3d: Promote site planning which encourages well-planned, quality industrial development; (2) S-3e: Encourage industries to locate in areas already served by adequate infrastructure; and, (3) S-31: Identify and protect future industrial areas throughout the City. Ms. Rhea stated that the petitioner requested to rezone their property from R-20 (Moderate Density Single-Family Residential) to G-I (General Industrial). This parcel is located in an area (Highway 200 North) scheduled for annexation on June 30, 2003. The predominant development pattern in the recent past for this area has been for light to heavy industrial uses. Staff does not believe additional industrial development in this area will have substantial negative consequences due to the existing industrial development, the limited number of existing residences, and the large amount of vacant land. Ms. Rhea stated that staff would be concerned if industrial development were to spread farther north than Stafford Street Extension. Staff recommended that the rezoning request be approved as submitted. Likewise, the Planning Board at their meeting on April 4, 2001 recommended the rezoning request be approved as submitted. Mr. Jess Perry of Walt Perry Realty spoke in favor of this proposal. He advised that he was the Broker for the project and would be happy to answer any questions. He stated that he felt 173 e . e e e Carolina Tractor would be a very good asset to the business community. He felt the property was well suited for an industrial use. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. B. Project # 01-600-00001 - Annexation Request - 4907 Myers Road - 6.043 acres. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this was a consideration of an annexation request by Winford and Goldie Rivers for 6.043 acres located at 4907 Myers Road. Ms. Rhea advised that the petitioner's parcel was surrounded by large lots to the north, east, and west zoned RA-20 (County) and R-20 (City) used for both residential and agricultural purposes. Several of the surrounding lots appear to be vacant and unused. Myers Meadows subdivision and several vacant lots both zoned R-20 are located to the south across Myers Road. Ms. Rhea stated that the proposed almexation was contiguous to the City's primary corporate limits that were extended by the City on December 31, 1997 as part of the Secrest-Shortcut annexation. Approximately 40 percent ofthe applicant's property was annexed at that time. The applicant has requested to annex the remainder of their parcel. Ms. Rhea stated that at the time she spoke with the applicant, she did not feel there would have been too many obstacles to the petition. The applicant was already in the City on the front portion of the property. Ms. Rhea stated that one reason the property could have been split during the annexation may have been to help qualify the area for annexation, although that is kept to a minimum when at all possible. Ms. Rhea stated that she informed the applicant she would take the petition, circulate it and get responses. At the time this request went to the Planning Board, the Water Resources Department had not provided their input. The Water Resources Department reported that this portion of the Rivers' property cannot be served by the existing water and sewer system due to the fact that a significant ridge line transects the property along the current City limits line. According to Ms. Rhea, this was, no doubt, the reason that this portion of the property was not annexed along with the front portion in 1997. Ms. Rhea advised that Staff originally recommended in favor of this petition to the Planning Board prior to receiving the utility information from the Water Resources Department. The Planning Board at their meeting on April 4, 2001 recommended the annexation request be approved as submitted. The Planning Board did not have the information from the Water Resources Department when they made this recommendation. In light of the recent information from the Water Resources Department, Staff recommended that the City Council deny this request. Council Member Jordan questioned what the cost of a pumping station to serve the six acres would be. Water Resources Director Russ Colbath advised that it would cost approximately $50,000. Ms. Rhea stated that she was asked some time ago by another staff person whether a qualified or unqualified recommendation could be made on this project if the Rivers voluntarily said that they 174 · e e · · would not subdivide. Ms. Rhea advised that there was no way the property could be prevented from being subdivided. If the land were in the City, the owners could say they had the right to expect water and sewer services. Mayor Davis asked whether or not a deed restriction could be placed on the land. Ms. Rhea replied that a restriction could not be placed on the land. Ms. Rhea further stated that if Council chose to approve the petition, the ordinance was set up with an effective date of August I, 2001. Council Member Jordan questioned how many acres of the Rivers' property the City originally annexed. Ms. Rhea and Ms. Rivers stated that it was slightly more than four acres. Council Member Smith questioned whether or not there would be a need for a pumping station for the remainder of the Rocky River Road area. Mr. Colbath stated that the sewer that was extended as a part of the Rocky River Road annexation was around 7,000 feet by gravity. If there were a logical progression of development, the property could actually be served by gravity sewer if the pieces between the Rocky River Road infrastructure and this parcel were developed. Mr. Colbath advised that this was complicated by the fact that Indian Trail has part of this. There is a patchwork of jurisdiction. Council Member Smith questioned whether there was County sewer close to this. Mr. Colbath stated that he was not sure but knew it would be farther than 7,000 feet. Council Member Smith stated that if the Rivers' were annexed by Indian Trail, they would be farther away from sewer than they would be with the City of Monroe. Mayor Pro Tern Bazemore questioned that if the property above the Rivers' property were developed in the future, could it be made profitable. Mr. Colbath stated that he felt should the property develop there could be a logical gravity extension. Mr. Colbath stated that a logical size development that made a pump station doable would be approximately 70 to 100 homes. He stated that pump stations are a real liability to the City. They are high maintenance items, high operating costs and very labor intensive. Council Member Jordan questioned what was the closest subdivision to the property. Mr. Colbath replied that the City sewer went up Myers Road and ends in front of the Rivers' property, but that the line is very shallow since it's at the end. As the property falls to the north, it cannot, by gravity, get back to Myers Road. Just to the west is Myers Meadows. Council Member Jordan questioned whether development was still occurring. Mr. Colbath stated that, to his knowledge, building permits were still being pulled for Myers Meadows. Mr. Colbath further advised that Brekonridge was slightly further west. Mr. Ron Parker suggested that if sewer were at Myers Meadows that the Rivers talk to the developers about putting in a package pump system. This would be at the developer's expense. He advised that he has come upon similar situations like this before and felt the package pump worked well. Mr. Colbath stated that this was addressed in the Staff Report. He advised that he would not recommend a single pump per home for that many homes. He stated that would be 12 homes on a low-pressure system. The City Extension Policy approved by Council only allows low-pressure systems around the drinking water lakes. 175 e e e e e Council Member Jordan questioned whether or not Mr. Colbath or anyone on staff sat down with the Rivers and discussed the difficulties and expenses that are involved in pumping sewer over the ridge line. Mr. Colbath stated that the review came through and he only commented on paper. He would be more than happy to meet with the Rivers to discuss these items as wel1 as options available to them. Mrs. Goldie Rivers and Mr. Winford Rivers spoke in favor of this proposal. They advised that they were the property owners of 4907 Myers Road. Mrs. Rivers stated that their main concern was when she came to the Planning Department it was never stated to her that this could not be done but that it would just go through. She advised that they are currently on City water and sewer and the remainder of the property they would like annexed is in their backyard. She stated that they adjoin to Myers Meadows, Brekonridge and the subdivision across the strect from them. They are in the vicinity where homes are being sold and built. Mayor Davis reiterated Ms. Rhea's statement that the City just found out about the sewer situation. Mrs. Rivers questioned why this was not documented in 1997 when the annexation took place. Mayor Davis stated that she did not know why this was not documented. Mrs. Rivers stated that she thought Mr. Wingo knew but he was not at the last meeting and no one knew about it. Mrs. Rivers stated that they would like the remainder of the land annexed because the remainder of the surrounding property is being sold. They live on one acre, would like to keep an additional acre, and would like to sell the remaining land (if it were annexed) along with the prior annexed land. Council Member Smith asked how far away from the Rivers' property was the Brckonridge development and also whether everyone in Brekonridge had City sewer. Mr. Colbath replied that sewer is adjacent to the property and there was a manhole in front of the property. The sewer could be pumped up to the manhole but it would still require a duplex pumping station for around 15 to 20 homes. Council Member Smith asked could this be tied in. Mr. Colbath replied that it was too shallow. The property falls off to the north and is actually lower than the bottom of the manhole. Mr. Rivers stated that when tax time came, the City taxed the Rivers for the whole ten acres and they did not understand why. Mayor Davis stated that this was not proper and should not have happened. They should only be taxed for the portion of the property that was within the City. Mrs. Rivers stated that the problem was taken care of but required a lot of rmilling around. Mayor Davis apologized to the Rivers for this problem and explained that thc County collected taxes for the City. Mrs. Rivers advised that she did receive a refund from the City. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. C. Project # 01-130-00007 - Initial Zoning Request (County RA-20 to City R-20) - 4907 Myers - 6.043 acres. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this request was a consideration of an initial zoning rcquest by the City to zone 6.043 acres located at 4907 Myers Road from County RA-20 to City R-20 in conjunction with the Winford and Goldie Rivers' annexation request. 176 · e e · · Ms. Rhea stated that the petitioner's parcel was surrounded by large lots to the north, east, and west zoned RA-20 (County) and R-20 (City) used for both residential and agricultural purposes. Several of the surrounding lots to the east are vacant and appear to be unused. Myers Meadows subdivision and several vacant lots zoned R-20 are located to the south across Myers Road. Ms. Rhea stated that the Land Development Plan identifies the Myers Road area for moderate density residential development. Development considerations in this area include the adequacy of roads, environmental impacts, and urban sprawl. Ms. Rhea advised that the initial zoning request was in conjunction with the applicant's annexation request. The predominant development pattern along Myers Road has been half'..acre lots and the majority of Myers Road is currently zoned R-20 (Low to Moderate Density Single- Family Residential). The portion of the applicant's property that is currently within thc City is also zoned R-20. The petitioner's property meets all R-20 zoning requirements. Staff feels an initial zoning to R-20 is the most appropriate zoning for the property, if annexed. Staff recommended that should Council choose to approve the annexation and move forward to establish the initial zoning, an effective date of the zoning action would need to coincide with or follow the annexation effective date. This would be effective no earlier than August 1,2001. Council Member Jordan asked Mr. and Mrs. Rivers how long they had owned the property. Mrs. Rivers replied that they have owned the land since 1981. Council Member Jordan explained that the reason he asked this question was in terms of what would be prudent as far as reasonable costs for the Rivers to pay for a pump station or for someone to pay for a pump station. Council Member Jordan stated that he felt if the Rivers had owned the property since 1981, their costs in the property might allow them to do something with a pumping station of some type and still come out okay. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. D. Project # 01-120-00006 - Zonine Text Amendment - Addition of Stora2e Unit Regulations. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this was a consideration of a request by staff and the Land Development Committee to add storage unit regulations in Section 156.064 of the Zoning Ordinance. Ms. Rhea stated that the Land Development Committee had studied and recommended the text amendment regarding storage units as follows: (1) The proposed amendment clarifies the definition of what is considered a storage unit. The ordinance would also allow the placement and use of storage units exclusively in the B-3, B-4, and G-I zoning districts. (2) In the B-3 zoning district, two storage units may be permitted on a permanent basis. In addition, up to two storage units may be allowed on a temporary basis for a period of four months. (3) In thc 8-4 and G-I zoning districts, storage units may be utilized with no time limitation for an area not to exceed 50 percent ofthe structures housing the principal use on the property. (4) Any placement of storage units in designated watershed areas must comply with impervious surface requirements that may apply. (5) Any storage units existing on January 1, 2001, shall comply 177 e e e . e with the ordinance within a period of six months from the date they receive notification of the ordinance from the zoning enforcement officer. Staff recommended that City Council adopt an ordinance to approve the text amendment as submitted. Likewise, the Planning Board at their meeting on April 4, 2001 recommended the text amendment be approved as submitted. Council Member Smith questioned the time frame for persons who sold pine needles year round. Ms. Rhea stated that Mayor Pro Tem Bazemore was particularly concerned about agriculture as well. She read a portion from the ordinance pertaining to this: "Bona fide commercial farms, nurseries, and landscaping uses located within residential districts that are conforming or legal non-conforming uses shall be permitted to have up to two permanent onsite storage units upon issuance of a valid zoning permit. Such units shall be located at least 50 feet from any adjoining property line." There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. E. Project # 01-120-00011 - Zonin(: Text Amendment - Chan(:e Submission Deadline Date for Board of Adjustment From 10 Days to 13 Days. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this was a consideration of a request by the Board of Adjustment to change the deadline date for Board of Adjustment agenda items from 10 days to 13 days. Ms. Rhea stated that the current deadline for submitting an application for an appeal or a variance to the Board of Adjustment was ten days prior to the date the Board intended to hold a hearing on the application. For special exception permits there is a 45 day deadline. In order to meet the legal notice requirement, the advertisement to the newspaper must run no less than ten days prior to the hearing. Ms. Rhea further stated that in order to submit the ad to the newspaper to meet the legal requirement, the Board of Adjustment has requested an amendment to the . deadline requirement for applications to now be submitted 13 days prior to the Board's hearing date. Thirteen days will allow staff proper time to draft an advertisement and deliver the advertisement to the newspaper to meet the required legal notice. Staff recommended that City Council adopt an ordinance to approve the text amendment as submitted. Likewise, the Planning Board at their meeting on April 4, 2001 recommended the text amendment be approved as submitted. Mayor Pro Tern Bazemore suggested that the timeframe be 15 days instead of 13 days. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. 178 e e e e . Item No.9. Action from Public Hearings. A. Project # 01-130-00006 - Zoning Map Change Request - R-20 (Low/Moderate Density Single-Family Residential) to G-I (General Industrial) - Approximately 34 Acres at the Intersection of Stafford Street Extension and Morgan Mill Road - Carolina Tractor and Equipment Company. Council Member Keziah moved BE IT ORDAINED that this property be rezoned from R-20 (Low/Moderate Density Single-Family Residential) to G-I (General Industrial). Council Member Kilgore 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 NAYS: None B. Proposed Annexation Request - Project # 01-600-00001 - Annexation Request - 4907 Myers Road - 6.043 acres. Mayor Pro Tern Bazemore stated that he felt this item needed to be reviewed thoroughly before a decision was made, and therefore, moved that action be tabled. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None C. Project # 01-130-00007 - Initial Zoning Request (County RA-20 to City R-20) - 4907 Myers - 6.043 acres. This item was tabled in conjunction with Item No. 9(B). D. Ordinance - Project # 01-120-00006 - Zoning Text Amendment - Addition of Storage Unit Regulations. Council Member Keziah moved to adopt Ordinance 0-2001-03: AN ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-03 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: 179 e e e e e Section 1. Section 2. TEXT AMENDMENT AMEND Section 156.006 to ADD: STORAGE UNIT. Transport trailers, cargo containers, storage trailers, mobile storage facilities, sea/land containers, and similar structures designed for conveyance and used primarily for storage of goods and materials. AMEND Section 156.064 to ADD: (0) Storage units may be used as accessory structures under the following conditions: (1) Districts Permitted. Storage units shall be permitted exclusively in the B-3, B-4, and 0-1 zoning districts. (2) Number and Duration. (a) Within the B-3 district, two storage units may be located on a development site on a permanent basis upon issuance of a valid zoning permit. In addition, up to two storage units may be located on a development site on a temporary basis for up to four months of each year (the same four month period for each if two units arc used) upon issuance of a valid zoning permit. For the purpose of this section (l56.064(G)), a land development site is defined as one or more adjacent parcels of land functioning as a single project (e.g. shopping centers and warehouse sites including one or more buildings). (b) Within the B-4 and G·I districts, the total amount of square footage of storage units allowed shall not exceed 50% of the total square footage of the structures housing the principle use of the development site except that two permanent storage units shall be permitted per site regardless of the square footage requirement. (3) Use. (a) Storage units are to be used for storage incidental to the principal use on the same development site. (b) Storage units shall not be used for retail sales or any other principal use. (c) Storage units used to store hazardous materials shall meet all regulations or requirements of the NC State Building Code and any applicable National Fire Protection Association standards. (4) Location. (a) Except within the G-I district, no storage unit shall be placed between the front building line of the principal building and a street right-of-way. (b) All storage units shall be located at least 50 feet from all street rights-of- way. 180 (c) Storage units shall not block access to a parking lot and shall not otherwise interfere with on-site traffic circulation. e (d) Storage units shall not occupy required off-street parking spaces. (e) Storage units shall not block fire department access to any building, fire protection equipment or water supplies. e (5) Screening. Opaque screening shall be required around all stationary units which are: 1) otherwise visible from an adjacent property boundary (including uses separated from the subject property by a public street, creek, lake or similar feature) which is located in a zoning district other than B-3, B-4, and 0-1, and 2) located in a B-3 or B-4 zoning district and are otherwise visible from a public street. Such screening may be composed of anyone or combination of the following: A wall or fence constructed of masonry materials or treated lumber that is a minimum of six (6) feet in height and complies with all applicable building codes ill a vegetative screen that is composed of evergreen trees spaced no more than five (5) feet apart and are a minimum of six (6) feet in height as measured from grade at the time of planting. (6) Maintenance. (a) The area underneath and surrounding all storage units shall be paved or graveled and shall be maintained to prevent the overgrowth of grass and weeds and the accumulation of junk, trash, or debris. e (b) All stationary storage units shall be periodically painted or otherwise maintained to prevent rusting and deterioration. (c) Storage units are subject to the city's junked vehicle and nuisance regulations. (7) Watershed Compliance. The area underneath and surrounding all storage units shall be included in the total impervious coverage for the development site. If such area has not been continually impervious since prior to 06/22/93 or it has not been previously included in impervious coverage calculations for the development site, a sealed plan shall be required demonstrating compliance with the watershed requirements for the City of Monroe. . (8) Effect on existing storage units. Any storage unit located on a development site prior to January 1, 200 I shall be required to comply with all of the provisions herein within six months of receiving written notification from the City Zoning Enforcement Officer of these requirements. (9) Exceptions. . (a) Bona fide commercial farms, nurseries, and landscaping uses located within residential districts that are conforming or legal non-conforming uses shall be permitted to have up to two permanent onsite storage units upon issuance of a valid zoning permit. Such units shall be located at least 50 feet from any adjoining property line. 181 e e e e e (b) Temporary storage units associated with the construction or renovation of buildings or public infrastructure shall be subject to the requirements for temporary trailers as set forth in 156.062. Section 3. This ordinance shall become etIective on the date of its adoption. Adopted this 1 "I day of May, 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 NAYS: None E. Ordinance - Project # 01-120-00011 - Zoning Text Amendment - Change Submission Deadline Date for Board of Adjustment From 10 Days to 13 Days. Council Member Smith moved to adopt Ordinance 0-2001-16 with the change being made to change the submission deadline date from 10 days to 15 days: AN ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-16 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. DELETE Section 156.145(B) in its entirety: Section 2. SUBSTITUTE Section 156.145(B) APPLICATION AND APPEAL PROCEDURE as follows: (B) All applications for appeal requiring Board of Adjustment action shall be properly completed and filed with the City Manager or his designee no later than fifteen (15) days prior to the date on which the Board of Adjustment will conduct a public hearing to review the appeal. Notwithstanding the above, applications for special exceptions shall be filed with the City Manager or his designee no later than forty-five (45) days prior to the date on which the Board of Adjustment will conduct a public hearing to review the application. The 182 e . e e e requirements of this paragraph, however, may be waived by the Board of Adjustment for just cause and upon compliance with the requirements of G .S. § 143.318 et. seq. Section 3. This ordinance shall become effective on the date of its adoption. Adopted il1 day of May, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the folIowing votes: A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Item No. 10. Citizens Group - Arnold Drive. Mr. Freddie Kirk, who reside at 2540 Arnold Drive in Monroe addressed Council. Mr. Kirk stated that he and his wife have lived at their home in Monroe for 21 years. He expressed appreciation to Mayor and Council for the opportunity to address Council. He also expressed gratefulness and appreciation towards the employees of City Hall for the politeness and helpfulness they provided to him. Mr. Kirk stated that Arnold Drive backed up against the Nottingham IV development that is being built. Mr. Kirk stated that he and his neighbors became very concerned about six to eight weeks ago when the project for Nottingham began to take off. He stated that they realized they had no idea what was being built. One of the neighbors began to ask questions and found out a few details about the size of the project and upon questioning the remaining neighbors with adjoining property, it was discovered that no one was aware of what was going on. Mr. Kirk stated that the neighbor then inquired of the City what was going on. Mr. Kirk said that the neighbor was told by the City that they should have received a letter for the initial hearing of the project. Mr. Kirk showed a copy of the letter to everyone that should have received one and no one remembered receiving a letter. Mr. Kirk stated that if you look at records from years back, he and other neighbors have attended other Council Meetings when other projects were semi-planned. Mr. Kirk stated that he has spoken at several meetings in the past. He said records regarding the initial hearing for Nottingham Phase IV, show that no one from Arnold Drive attended. They were not aware of the hearing and that is the reason they were a year late addressing Council. Mr. Kirk stated that he was not accusing anyone of doing anything ilIegal. Mr. Kirk stated that the residents did have some questions which they hoped someone could answer. One in particular was the number of units they were to build. It is shown in the records to be a 14.3 acre plot and yet there were going to be 168 units and at ten units per acre there should have only been 143.8. The records show that Council did question that and that assumptions were made. Mr. Kirk stated that he did not see in the records where Councilor staff ever confirmed that it was in compliance. Mr. Kirk said according to the records, Mr. Tyson's folks said it was in compliance. Mr. Kirk stated that the records showed it to be 14.3 acres when it fact it was 17 acres. He stated that he would like confirmation that this was in compliance. 183 e e e e e Mr. Kirk stated he wanted Council to be aware of the plight the Arnold Drive residents were in and how greatly their lives and properties were being affected by this project. He stated that everything that was presented in writing by Mr. Tyson was well done, but there was only one comment that mentioned the folks on Arnold Drive. He read from the record, "There are houses located on Arnold Drive on the west side ofthc subject property. The proposed new apartments will not affect the existing apartments that are located on 61-K and 6l-L." Mr. Kirk stated that he felt their side was never presented in the matter. Mr. Kirk stated that in looking at the record of March 7,2000, Mayor Pro Tern Bazemore did in summary ask some questions ofMr. Parker who was a representative ofMr. Tyson's group. Mr. Kirk read from the record: "Mayor Pro Tern Bazemore: 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. Parker: Yes sir, it is." "Mayor Pro Tern Bazemore: Will the viability and character of the surrounding neighborhoods not be adversely impacted? Mr. Parker: No sir, it will not." "Mayor Pro Tern Bazemore: Will the use not substantially injure the value of adjoining or abutting property or that the use is a public necessity? Mr. Parker: No sir." Mr. Kirk shared with Council pictures taken from his backyard of the property site. Mr. Kirk stated that he felt that when the project was presented initially, the true accurate picture may have not been presented. Mr. Kirk also shared copies of pictures taken from Bobby and Becky Mullis' backyard, which was 100 yards from his home. Mr. Kirk stated that the project had already, and will increasingly, affect the quietness and security of their neighborhood for the rest of their lives. He stated that it would affect the things most precious to him which included privacy, peacefulness, security and the beauty of their neighborhood. He felt that in a short period of time they will go from having two families on each side to having, within 50 feet of their property, a dwelling that will house 36 families and potentially 102 to 150 people. He stated that right now he only has five people within 50 feet of his property. He stated that other residents will have approximately 16 patios overlooking their backyards, family outings, gardening, mowing of the lawn, bathrooms and bedrooms. He stated that he hoped to accomplish several things, one of which was providing additional information. He hoped that as an absolute minimum Council would hear willingly and understand their plight as to how their neighborhood and backyards will never be the same again, how the innocence, security, quietness and privacy will never be restored. Mr. Kirk advised that he was a Military Veteran with the U.S. Army and had a son that was in the Army stationed in Georgia. He stated that this was important to the situation because previous to his son being stationed in Georgia, he was stationed in Louisiana and while there, he presented him with his first grandchild. His son will be moving to Ft. Bragg this summer and Mr. Kirk will have his grandchild over and his quiet, secure backyard will not be so quiet, secure or private. 184 - e e e e Mr. Kirk stated that his plea was for Council's help to ensure that everything that could be done to retain and re-secure the quietness, security and privacy will be done whether that meant additional barriers, trees, shrubs, or fences. His plea further included that these areas will take high priority and not last thought, and whatever opportunities were available to speed up landscaping on their side of the project be done and done with enthusiasm. He stated that they have been and will be tremendously impacted for the rest of their lives. He requested that Council assist them in whatever way they could. Council Member Jordan questioned what Mr. Kirk meant when he said trees or shrubbery on their side of the property line. Mr. Kirk stated that he meant to say on their side of the project property. Mr. Joe Bradshaw, who resides as 2534 Arnold Drive, addressed Council. Mr. Bradshaw thanked Council for the opportunity to speak. He stated that his main concern was with the new 168 apartments and the fact that there were already 111 apartments. He stated that there wcre 279 apartments to be completed by September or October and he estimated between 400 and 500 automobiles coming out of the intersection. There was only one entrance/exit and one on Charlotte A venue. He stated that they already had enough traffic and also questioned where the children would go to school. He stated that he was the grandfather of eight and was raising four of them. He questioned how many more school trailers would have to be placed at schools to cover these additional children. He stated that if anyone had ever looked or thought aboutthree story structures behind one-level dwellings you would have seen how tall this property was behind them. Mr. Bradshaw stated that they used to be able to see almost to the fairgrounds and now they cannot even see Roland Drive. He stated that he, too, would have been at the initial public hearing had he received notice, and also reiterated his concern about privacy. He further questioned the security measures they were responsible for, especially when dealing with swimming pools. Mayor Davis stated that she wanted to make clear that this property was not rezoned to allow apartments. This property was already zoned that way and has been since 1984. Mayor Davis stated that there was a preliminary plat that was prepared for all four phases several years ago. Planning Director Carol Rhea stated that there was a plan approved by the Board of Adjustment in 1984 which showed total build out of the site and Mr. Tyson also came to the Board of Adjustment to argue vested rights on this property to enable him to build for watershed purposes in 1997. Mayor Davis stated that as long as a builder met the general requirements, the City was not allowed to not approve. Mayor Davis stated that she felt one thing in their favor was that the restrictions on developers were tighter than they were years before. She further stated that for many years a builder only had to have a 30 feet buffer. Council raised the buffer to 50 feet. Mayor Davis stated that the placing of trees was a requirement of their Conditional Use Permit. Before anyone can be placed in these apartments, the builder must show that they have met all requirements. Mayor Davis asked Mr. Parker (representing Tyson Group) if their was anything that could be done to alleviate their fears and to tell them what plans are in place to make their lives better. 185 e e e e e Mr. Ron Parker stated that as Mayor Davis mentioned, the restnctIOns in the zoning were changed and they are stricter than they are in Mecklenburg and surrounding counties. The screening and buffers include different size trees. Mr. Parker stated that they even went a step farther and placed berms of dirt along the property lines. With Council's approval, the berms could be made higher. In the ordinance, it limits the height to be nine feet. If you plant, for example, a Cypress tree, you are looking at five to seven years of screen which would be at least 20 feet high which would only leave ten feet of the building showing. Mr. Parker stated that the berms have to be placed in a way that the water from their property can drain to the lowest place. Mr. Parker stated that he worked with City staff on this property. He also provided Council with copies of photographs of the site. Mr. Parker stated that it will be at least another 90 to 120 days before any trees or shrubs are planted. He advised that they will begin planting grass. Mr. Parker stated his superintendent had spoken with the folks involvcd and Mr. Parker just wanted to reassure the residents that they will do everything they can to try to screen those residential properties. He stated that he felt it was for the benefit of the tenants in the building as well. He stated that the structures are large and are tall. The berms with approval can be made higher if City staff would look at and approve it. He stated that in the areas they are referring to, it was a transition from a high point to a low point where the particular yards are located. Mayor Davis commented that developers complain that the City is too strict and requires too much. Council Member Kilgore asked what would be the downside of making the berm higher. Ms. Rhea stated that when this was written and has been in the ordinance for awhile, there was some concern about having these mountains there. The ordinance for Mr. Parker's concern does state that if grassed alone, the berm has to be at least four feet and no more than nine feet. This benn would not be grass, it would have trees and shrubs on it. Mr. Kirk stated that the berms they spoke of are visible in the pictures he provided. He stated that you cannot see it at all because of the lay of the land. He stated that the berms that are there are absolutely no good. He further stated that behind his home there is no berm because the developer had to reroute a ditch for drainage and because of the ditch there is no berm. Mr. Parker stated that that was the area he referred to earlier as being 150 to 200 feet and that yes, there needed to be some plantings there. Mr. Kirk stated that he felt the developer was within regulations but questioned whether or not he would like to live in that environment which for 20 years had been quiet, peaceful and private. Council Member Kilgore questioned for the folks where the berm was located, would it help any to raise the berm, if possible. Mr. Kirk stated that he did not feel it would be much benefit. He stated that the only thing they felt helpful would be some type of wall located on the berm. Ms. Rhea stated that the height of the benn would have to be adjusted along with the horizontal aspect. Staff s concern would be that it become a stabilized berm that is vegetated, and is not eroded and causing other problems. Ms. Rhea clarified that the ordinance does have a provision in it for landscaping that allows someone who is bound by a landscaping provision to put up a 150 percent cash bond, or letter of credit towards the landscaping so that they can go ahead and get the Certificate of Occupancy to allow for enviromnental conditions. Ms. Rhea stated that this was not the season to plant trees and expect them to live. October would be the better month for planting trees. This was to allow 186 e e e e e occupancy of structures that are completed in the summer where planting IS anticipated to happen in the fall. Mayor Davis stated that she did not want to give any false ideas that there was anything she could do in the situation. She eXplained that Tyson Group had a Conditional Use Permit and as long as they followed and performed every bit of that permit they were totally within their rights. Mayor Davis stated that what was being done tonight was attempting to help the residents and Tyson Group corne together with what they would be doing. Anything in addition to what they are required to do would be out of the goodness of Tyson's heart. She wanted the residents to understand that she did not have the authority to tell Mr. Parker that he needed to put up a 20 foot fence. She stated that they will work with both parties to see if an understanding could be reached. An unidentified citizen questioned that if she put a "for sale" sign in front of her house right now, who would buy it. She stated that no one there, induding Carlton Tyson, would want that in his backyard. Mr. Kirk stated that part of his speaking to Council was so that, in the future, they would take into consideration making other provisions. He also questioned whether these notices of public hearing should be sent out to adjoining property owners by registered mail. Mayor Davis statcd that staff records showcd that letters were mailed February 17, 2000 but that did not guarantee that residents received the letter. An unidentified citizen asked whether these were the only three-story apartments in Monroc. Ms. Rhea responded that Woodbrick Apartments are also thrcc-story apartments. Mr. Kirk said that as Council Member Kilgore stated, what clse could be done? Could the benn be raised or could they add a wall? Mayor Davis again stated that she had no authority to tell the Tyson Group what to do. An unidentified citizen qucstioned whether or not the City was aware that the apartmcnts were to be three-stories. Ms. Rhca responded that the application included that detail as wcll as an illustration of what the buildings would look like. City Manager Doug Spell respondcd to Council Member Kilgorc's question regarding thc berm. He stated that that was something that staff would be happy to work on with the developer and see what options are available within the 50 foot buffer, how much higher you can get the berm and putting the plantings in. Mr. Spell stated that there are 37 canopy trees planned just along the common property line; 93 under story trees, and 306 shrubs just on the one that boarders the road of Arnold Drive. Mr. Spell responded to Mr. Kirk's suggestion of a fence stating that the ordinance does stipulatc a six foot maximum height on a fence. He felt the fence might give the residents more security but not much more height than the trees. Mr. Spell asked staff to clarify the code allowing the number of units that were built. The site plan does show 11.2 units per acre and is zoned RP-l. Ms. Rhea responded that as far as being able to use density from other spaces, all four phases of 187 - e e e e Nottingham are considered one project. The density requirements in the ordinance apply to project, not per phase, and they had acreage from other phases that they had not used. In addition, Ms. Rhea stated that the architect pointed out that the 14 acres that we had shown was not accurate, it actually included an additional 2.3 acres. Staff did figure the density and they were at ten or under. Ms. Rhea stated that where it was left at Council was that the builder would not be permitted to build more than ten units to the acre and if staff finds out at any time during the development, a permit will not be issued for the construction of the units. The math was figured before, and after, and they did meet the density requirements according to staffs calculations. As far as the berm, Ms. Rhea clarified a point made by Mr. Parker regarding the ditch. She stated that this site is in the WS-III watershed area. It is required by not only local ordinance, but also State law to handle all the stormwater that comes off their site. They cannot, by State law, divert any of the stormwater anywhere else. If a berm is going to interfere with the natural How or even what was planned to be channeled on the property, then that berm may not be able to be permitted. Staff will work with the developer to the maximum extent possible to try to brainstorm anything that would help. Council Member Kilgore felt that staff should look at the property again and see if there is anything that could be done to try to help. An unidentified citizen stated that she did call Mayor Pro Tern Bazemore and hc was very nice and came out and saw the problem. Council Member Kilgore statcd that he too had looked at the site. An unidentified citizen stated that he had heard mentioned "Phase IV" twice. This gentleman said that he called yesterday and he was assured this was Phase III. He advised that there was additional land up the hill. He questioned whether this meant there was going to be more building. Ms. Rhea stated that the City had a plan that showed all the different phases and what was approved was Phase IV. The first three phases have been built. She further stated that at this phase, they are at the maximum density without Council change the density allowed. A discussion among several folks was held as to whether or not the Tyson Group owned additional land in this area. Council Member Hargett stated that he felt there were good points brought up. He felt that staff and the Land Development Committee ought to look at changing the ordinance that relates to three-story apartments built against residential properties. Ms. Rhea stated that the present minimum/maximum height was 35 feet and that was in all residential districts. Council Member Hargett stated that what he was referring to was that as you go up in height you make the setbacks further. An unidentified citizen asked again if there was additional land that was with the site now. Mr. Parker stated that there was land joining the site. The citizen stated that he knew there were 22 188 e e e e e acres that go all the way to Charlotte A venue. A discussion was held again among various members of the audience. Mayor Davis asked that Mr. Parker relay the concerns of the citizens to the Tyson Group. She further directed staff to get with Mr. Parker to help with any small adjustments that may need to be made to make it more palatable for property owners adjoining the land. Mr. Parker stated they would be glad to do whatever they could to help. Mr. Spell asked that Mr. Kirk be the spokesperson for the group and provide Ms. Rhea with a contact telephone number. Item No. 11. FY 2002 - Fundina: Request from District Attorney. Council Member Jordan stated that in looking at the outside funding agencies, the City did receive a request from the District Attorney's office to give matching funds on any grants they might apply for. Rather than carry this through the outside agency funding requests, since it is not a normal budget item, Council Member Jordan spoke with Mr. Spell and suggested that this item be brought to Council because there might be a need to come to Council again throughout the course of the year. Council Member Jordan made a motion that the City Manager include funds in the amount of $3,000 as a special appropriation in the FY 2002 Budget designated for the District Attorney's office. Council Member Kilgore 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 NAYS: None Item No. 12. Resolution in Support of the Community of Fairview. Mayor Pro Tern Bazemore stated that the residents ofthe Community of Fairview requested a resolution trom the City of Monroe in support of their incorporation. Mayor Pro Tern Bazemore moved to adopt Resolution R-200l-34: RESOLUTION R-2001-34 THAT WHEREAS, Citizens for Fairview has submitted a Petition for Incorporation of the Town of Fairview to the North Carolina Joint Legislative Commission on Municipal Incorporations; and WHEREAS, the City of Monroe wishes to express its approval of said incorporation. NOW, THEREFORE, BE IT RESOLVED THAT the City of Monroe expresses its approval of the incorporation of Fairview. Adopted this ~ day of May, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: 189 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NA YS: None Item No. 13. Appointments A. Appointment - Monroe Housin~ Authority. Mayor Pro Tern Bazemore advised that Don Leazer's term expired on August 17, 2000. He requested that Mayor Davis appoint Mr. Bill Brewer to a full term on the Monroe Housing Authority. Mayor Davis appointed Bill Brewer to a full term on the Monroe Housing Authority: CERTIFICATE OF APPOINTMENT OF COMMISSIONER OF THE MONROE HOUSING AUTHORITY WHEREAS, the City Council of the City of Monroe, North Carolina, held a duly authorized regular meeting on the 1st day of May, 2001; and, WHEREAS, at said meeting it was noted that Don Leazer's term expired August 17,2000. NOW, THEREFORE, pursuant to the provisions of the "Housing Authorities Law" of the State of North Carolina, and by virtue of my office as Mayor, I hereby appoint Bill Brewer to serve as Commissioner of the Monroe Housing Authority for a term beginning May 1, 2001, and ending May 1, 2005. IN WITNESS WHEREOF, I have hereunto signed my name as Mayor of the City of Monroe, North Carolina, and caused the official corporate seal of said City of Monroe to be attached hereunto, this the .c day of~, 2.Q.Ql. /s/ Judy L. Davis, Mayor B. Appointment - Monroe Housing Authority. Mayor Pro Tern Bazemore advised that Willie Jordan's term expired on August 17, 2000. He requested that Mayor Davis appoint Ms. Margaret Kirkpatrick to a full term on the Monroe Housing Authority. Mayor Davis appointed Margaret Kirkpatrick to a full term on the Monroe Housing Authority: CERTIFICATE OF APPOINTMENT OF COMMISSIONER OF THE MONROE HOUSING AUTHORITY WHEREAS, the City Council of the City of Monroe, North Carolina, held a duly authorized regular meeting on the 1 st day of May, 200 I; and, WHEREAS, at said meeting it was noted that Willie Jordan's term expired on August 17,2000. NOW, THEREFORE, pursuant to the provisions of the "Housing Authorities Law" of the State of North Carolina, and by virtue of my office as Mayor, I hereby appoint Margaret Kirkpatrick to serve as Commissioner of the Monroe Housing Authority for a term beginning May 1, 2001, and ending May 1, 2005. 190 · e e e e IN WITNESS WHEREOF, I have hereunto signed my name as Mayor of the City of Monroe, North Carolina, and caused the official corporate seal of said City of Monroe to be attached hereunto, this the 1 'I day of~, 2001. Isl Judy L. Davis, Mayor Item No. 14. Closed Session - Property Acquisition. Mayor Pro Tern Bazemore made a motion to move into Closed Session to discuss property acquisition. Council Member Smith seconded the motion, which passed unanimously with the following votes: A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NA YS: None Upon return from Closed Session and there being no further business, Council Member Keziah moved to adjourn. Council Member Smith seconded the motion, which passed unanimously with the following votes: A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NA YS: None ;:,<fortð L. Davis, Mayor Attest: Minutes transcribed by Bridgette Robinson, Administrative Assistant II 05-01-01 191