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05/15/2001 e . e e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 May 15, 2001 - 6:30 p.m. AGENDA 1. Closed Session - Property Acquisition CONSENT AGENDA 2. Minutes of Regular City Council Meeting of May 1, 2001 Minutes of Economic Development Committee Meeting of April 5, 2001 Minutes of Airport Commission Meeting of January 8, 2001 Minutes of Planning Board Meeting of May 2, 2001 3. Request of DMI for Promotional Sponsorship of Jaycees - "Main Street Live" 4. Resolution to Request Sewer Master Plan Exemption from GS 143-64.31 for Procurement of Engineering Services 5. Budget Amendments A. To Accept Grant Funds for Fatal Vision Goggles B. To Accept Grant Funds for In-car Video Cameras C. Asset Forfeiture Money D. Wastewater Treatment Plant Project Close Out E. Inflow and Infiltration Study Project Close Out F. Water Quality Study Project Close Out 6. Budget Ordinance - Lower Zone Water Transmission Main Improvements 7. Summary of Contracts A warded Pursuant to 0-2001-17 and Change Orders Executed Pursuant to R-2000-76 8. Ordinance to Amend Parking Schedules 9. Call for Public Hearings to be Held June 5, 2001 A. Project # 01-130-00008 - Zoning Map Change Request - B-3 (Highway Business) to R-20 (Low/Moderate Density Single Family Residential) - Approximately 3.51 acres on Secrest- Price Road Near Intersection of Fowler-Secrest Road - Marietta Littleton - Tax ID#s 09-298- 073A, 09-298-076, 09-298-077 B. Project # 01-100-00008 - Conditional Use Permit Request - Addition of Three modular Classrooms at Monroe High School - 1105 Circle Drive - Approximately 29 acres - Union County Public Schools - Tax ID# 09-197-048 C. Project # 01-120-00012 - Subdivision Text Change Request - Amend Section 154.35(F) of the Code of Ordinances to Clarify Potential Use of General Public Utility Easements Shown as Dedicated for Public Use on Plats D. Community Development Block Grant Rehabilitation Program Closeout 192 e e e . e 10. Award of Contract for Extension of Utility Facilities to the Monroe Corporate Center REGULAR AGENDA 11. Request of DMI for Promotional Sponsorship of Jaycees - "Main Street Live" 12. Public Hearings A. Consideration of an Appropriation for Extension of Utility Facilities to Monroe Corporate Center (Not Held - Appropriation Made September 20, 2000) B. Project # 01-100-00009 Conditional Use Permit Request - Improvements to the Monroe Municipal Airport - Approximately 369.89 Acres Located Off Airport Road - City of Monroe - Tax ID#s 09-369-001, 09-369-003A, 09-369-002D, 09-369-002B, 09-369-005D, 09-369- 005E, 09-402-004, 09-369-002J, 09-372-001, 09-402-004C, 09-402-005, 09-402-005C 13. Action from Public Hearing - Project # 01-100-00009 Proposed Conditional Use Permit- Improvements to the Monroe Municipal Airport - Approximately 369.89 acres Located Off Airport Road - City of Monroe - Tax ID#s 09-369-001, 09-369-003A, 09-369-002D, 09-369-002B, 09- 369-005D, 09-369-005E, 09-402-004, 09-369-002J, 09-372-001, 09-402-004C, 09-402-005, 09- 402-005C 14. Other Business A. DMI Board B. Angela Anderson - Yellow Cab 15. Closed Session - Property Acquisition 05-15-01 193 e . e e e CITY OF MONROE CITY COUNCIL MEETING MAY 15,2001 - 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 15, 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, Bobby G. Kilgore, Robert 1. Smith, City Manager S. Douglas Spell, City Attorney John Milliken, and City Clerk Jeanne M. Deese. Absent: Council Member Lynn Keziah. Visitors: James Calvin Pope, Arnold R. Young, Bryan Gilliard, Ron Fowler, Russ Colbath, Mark Donham, Hubert McDonald, Julias McDonald, Fred Howell, Jim Loyd, Gary Stack, Marvin Charney, La Vondra Edwards, Marietta Littleton, T. Vernard Littleton, Wayne Herron, Chris Platè, Heather Howard, Angela Anderson and others. Mayor Davis called the Regular City Council Meeting of May 15, 2001 to ordcr at 6: 3 0 p.m. A quorum was present. Item No. 1. Closed Session - Property Acquisition. Mayor Pro Tern Bazemore moved to go into Closed Session to discuss property acquisition. Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Upon return from Closed Session, Mayor Davis stated that there were several folks who had contacted her and other Council Members regarding concerns about a fire station that they thought was going to be built off Fowler Secrest Road. Mayor Davis stated that in speaking with some of the citizens, she explained that the only information she had been given was in preparation for a Closed Session, and she did not feel it was ethical to discuss this in any depth at that time because it was for a Closed Session. Mayor Davis stated that Council had discussed the 193 e e e e e item in Closed Session and determined that there were several sites being considered. She apologized that the folks had the assumption that the land on Fowler Secrest Road was definitely going to be purchased. Mayor Davis stated that this location was one of several locations. She stated that Council felt this location would not be an appropriate site. She advised that there are other sites being considered, and for financial reasons, the fire station will probably be on a site the City already owns. She reiterated, "If you are here because you were concerned about the Fowler Secrest Road site, let me assure you it is not a site that is being considered." Mayor Davis continued with the Regular Meeting. CONSENT AGENDA: 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. Council Member Jordan requested that Item No. 3 - Request of DMI for Promotional Sponsorship of Jaycees - "Main Street Live" be moved to the Regular Agenda. 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 with the exception of Item No.3, which was moved to the Regular Agenda as Item No. II. Item No.2. Minutes of Rel:ular City Council Meetinl: of May 1. 2001. Council Member Smith moved to approve the Minutes of the Regular City Council Meeting of May I, 2001. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Economic Development Committee Meeting of April 5, 2001, Minutes of the Airport Commission Meeting of January 8, 2001 and Minutes of the Planning Board Meeting of May 2, 200 I were received as information by Council. Item No.3. Request of DMI for Promotional Sponsorship of Jaycees - "Main Street Live. " This item was moved to the Regular Agenda as Item No. II. Item No.4. Resolution to Request Sewer Master Plan Exemption from GS 143-64.31 for Procurement of Engineerinl: Services. Water Resources Director Russ Colbath advised by memorandum that this was a consideration of exempting the City of Monroe Wastewater System Master Plan Project from N.C.G.S. Model Code for Procurement of Engineering Services. Mr. Colbath advised that N.C.G.S. 143-64.31 sets forth a requirement that contracts for architectural, engineering, and surveying services for an amount greater than $30,000 be solicited without regard to competitive pricing. The City's Water Resources Department plans to solicit formal proposals for such services in connection with the proposed City of Monroe 194 Wastewater System Master Plan Project. Mr. Colbath stated that this project was needed to provide long range planning of the extensions of the City's wastewater system to ensure orderly e and cost effective system development. Mr. Colbath stated that the fees for these services are anticipated to exceed $30,000. N.C.G.S. 143-64.32 allows for a unit of local government to exempt itself on a case-by-case basis at its sole discretion. Staff felt it was in the City's best interest to exercise this exemption because the scope of work for this project has been detailed sufficiently to justify consideration of a fee estimate as one of several considerations in selecting a consulting firm for these engineering services. Staff recommended that Council adopt Resolution R-200l-26 to exempt the proposed City of Monroe Wastewater System Master Plan Project from the requirements ofN.C.G.S. 143- 64.31. e Council Member Smith moved to adopt Resolution R-2001-26: RESOLUTION OF THE MONROE CITY COUNCIL TO EXEMPT A PROJECT FROM THE MODEL CODE FOR PROCUREMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES WHERE ESTIMATED PROFESSIONAL FEES ARE THIRTY THOUSAND DOLLARS ($30,000) OR MORE R-2001-26 e WHEREAS, the 1987 session of the General Assembly of North Carolina enacted Chapter 102, House Bill 277 which provides in Section I that ''It is the public policy of this State and all public subdivisions and Local Governmental Units thereof, except in cases of special emergency involving the health and safety of the people or their property, to announce all requirements for architectural and engineering services, to select firms qualified to provide such services on the basis of demonstrated competence and qualifications for the type of professional services required without regard to fee other than unit price information at this stage, and thereafter to negotiate a contract for architectural or engineering services at a fair and reasonable fee with the best qualified firm. If a contract cannot be negotiated with the best qualified firm, negotiations with that firm shall be terminated and initiated with the next best qualified firm."; and WHEREAS, Section 2 of the said Bill provides that, "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of the act in the case of: . (a) Proposed projects where an estimated professional fee IS In an amount less than thirty thousand dollars ($30,000), or (b) Other particular projects exempted in the sole discretion of the Department of Transportation or the unit of local government, stating the reasons therefore and the circumstances attendant thereto" . NOW, THEREFORE, be it resolved by the Monroe City Council that the Wastewater System Master Plan Project, where the estimated professional fee is in an amount ofthirty thousand dollars ($30,000) or more, is hereby exempt from the herein above-cited statute. The reasons therefore and circumstances attendant thereto are that this is in the best interest of the City of Monroe and its citizens and that the scope of work has been detailed sufficiently for the project to justify consideration of a fee estimate as one of several considerations. e Adopted this ~ day of~, 2001. 195 . e e e . Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.5. Budget Amendments A. To Accept Grant Funds for Fatal Vision Goggles. Police Chief Haulk advised that the Police Department had been awarded up to $1,600 from the Governor's Highway Safety Program (GHSP) to purchase two Fatal Vision Goggles Starter Kits. This money was funded by the GHSP to law enforcement agencies across the State for educational purposes. The Fatal Vision Goggles are used to simulate the effects of alcohol and drug impairment. Fatal Vision Goggles allow young people the opportunity to understand the dangers of impaired driving without taking a drop of alcohol or using drugs of any type. There is no match required with this grant. Staff requested City Council approve the acceptance of this grant and designate and appropriate the funds as outlined herein. Council Member Smith moved to designate and appropriate funds in the amount of $1,600 for this grant. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. To Accept Grant Funds for In-car Video Cameras. Police Chief Bobby Haulk advised by memorandum that the Police Department wished to accept $9,000 for two in-car video camera systems from the North Carolina Governor's Highway Safety Program and requested a budget amendment. This money was funded by the GHSP to law enforcement agencies across the State for highway safety initiatives. There is no match required with this grant. The only cost to be borne by the City was the installation of the cameras in the vehicles. This can be absorbed in the existing budget. Chief Haulk advised that currently, with the addition of these cameras, there are cameras in all marked patrol cars, except for three Lieutenant's cars and five other older patrol cars. He stated that it was the goal of both the City Council and Staff to have cameras in all patrol vehicles. Staff requested that City Council approve the acceptance of this grant and designate and appropriate the funds as outlined herein. Council Member Smith moved to accept the grant and to designate and appropriate the $9,000 in funds as outlined by staff. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: 196 e e e e e AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: c. Asset Forfeiture Money. Police Chief Bobby Haulk advised by memorandum that this was a consideration of a request to appropriate funds received from asset forfeiture money. Chief Haulk advised that the United States Department of Justice required that asset forfeiture accounts be audited annually and certified by the Finance Director of the receiving municipality. The money in these accounts is only spent on certain items to further the investigation of illegal narcotics. Chief Haulk advised that during the past six months, the Monroe Police Department received asset forfeiture monies from separate branches of the government: the Department of Justice, the Department of Treasury with the Federal Government, the North Carolina Department of Revenue and the Union County Clerk of Superior Court. The money received from these separate branches of government was the direct result of investigations of various violations of State and Federal Narcotics Violations. These funds will be used solely for investigation of illegal narcotics as required by the United States Department of Justice. Chief Haulk requested that $495 be transferred to the City Account, $6,750 be transferred to the State Account, $3,285 be transferred to the Justice Account, and the $90 be transferred to the Treasury Account, and that the City Council designate the respective revenues and appropriate expenditures so that future investigations of illegal narcotics within the City of Monroe may continue. Council Member Smith moved to designate and appropriate funds received from Asset Forfeiture money as outlined by staff. He further moved to appropriate expenditures so that future investigations of illegal narcotics within the City of Monroe may continue. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Wastewater Treatment Plant Project Close Out. Water Resources Director Russ Colbath advised by memorandum that this was a consideration of a budget amendment for closing out the "WWTP Expansion Project." He stated that the Water Resources Department originally sought State financing for this project. Due to the fact that Council had resolved to delay said expansion due to changing flow demands and potential cost savings, Mr. Colbath advised that it was now in the City's best interest to fund the project through water and sewer revenues and to close out the project. He further advised that Council had also resolved to return the SRF loan originally received to finance the project. Staff recommended that Council approve Budget Amendment BA-2001-05 to close out the WWTP Expansion Project. Council Member Smith moved to adopt Budget Amendment BA- 2001-05: 197 e e e e e CAPIT AL PROJECT BUDGET AMENDMENT WASTEWATER TREATMENT PLANT EXPANSION PROJECT BA-2001-05 WHEREAS, the City Council of the City of Monroe has resolved to delay the planned expansion of its wastewater treatment plant; and WHEREAS, the City Council of the City of Monroe has resolved return the State Revolving Fund Loan that was acquired to finance said expansion; and WHEREAS, it is now in the best interest of the City of Monroe to close out the existing capital project. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe closes the capital project budget entitled "Wastewater Treatment Plant Expansion Project" and appropriates the following revenues and expenses: Revenues: As Amended $863,348 Transfer From Water and Sewer Fund Expenses: Project Costs $863,348 BE IT FURTHER ORDAINED that an amendment to the Water and Sewer Fund Budget for FY 2000-2001 to appropriate fund balance in the amount of$863,348 is approved, and that said amount shall be transferred to the capital project fund. Approved this 15th day of May, 2001. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: E. Inflow and Infiltration Study Project Close Out. Water Resources Director Russ Colbath advised by memorandum that this was a consideration of a budget amendment for closing out the "Inflow and Iníìltration Study Project." He stated that the Water Resources Department originally sought State financing for this project. Mr. Colbath stated that it had been determined to be more cost effective to internalize the City's Inflow and Infiltration Program and to fund sewer system rehabilitation with annual revenues. In light of this determination, Mr. Colbath advised that it was now in the City's best interest to fund the project through water and sewer revenues and to close out the project. He further advised that Council had also resolved to return the SRF loan originally received to finance the project. 198 e . e e e Staff recommended that Council approve Budget Amendment BA-200l-06 to close out the Inflow and Infiltration Study Project. Council Member Smith moved to adopt Budget Amendment BA-200l-06: CAPIT AL PROJECT BUDGET AMENDMENT SEWER 1&1 PROGRAM PROJECT BA-2001-06 WHEREAS, City of Monroe originally sought State financing assistance with a sewer system inflow and infiltration (1&1) program; and WHEREAS, City of Monroe has determined it to be more cost effective to internalize said 1&1 program and fund sewer system rehabilitation with annual revenues; and WHEREAS, it is now in the best interest of the City of Monroe to close out the existing capital project. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe closes the capital project budget entitled "Sewer 1&1 Program" and appropriates the following revenues and expenses: Revenues: As Amended $88,677 Transfer From Water and Sewer Fund Expenses: Project Costs $88,677 BE IT FURTHER ORDAINED that an amendment to the Water and Sewer Fund budget for FY 2000-2001 to appropriate fund balance in the amount of $88,677 is approved, and that said amount shall be transferred to the capital project fund. Approved this ~ day ofMID:', 2001. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: F. Water Quality Study Project Close Out. Water Resources Director Russ Colbath advised by memorandum that this was a consideration of a budget amendment for closing out the "THM Water Quality Study Project." He stated that the Water Resources Department originally sought State financing for this project. He advised that State funding for this type of project was difficult to obtain. Given the time constraints to meet new drinking water regulations it was determined to be in the City's best interest to fund this project with annual revenues. In light of this determination, Mr. Colbath advised that it was now in the City's best interest to fund the project through water and sewer revenues and to close out the project. He further advised that Council had also resolved to return the SRF loan originally received to finance the project. Staff recommended that Council approve Budget Amendment BA-2001-07 to close out the THM Water Quality Study Project. 199 e Council Member Smith moved to adopt Budget Amendment BA-2001-07: CAPITAL PROJECT BUDGET AMENDMENT THM WATER QUALITY STUDY BA-2001-07 WHEREAS, City of Monroe originally sought State financing assistance with a water quality study to enhance water quality to it's customers and to meet new drinking water regulations; and WHEREAS, due to difficulty in obtaining State financing for said project the City of Monroe has determined it to be more practical to fund the study with annual revenues; and WHEREAS, it is now in the best interest of the City of Monroe to close out the existing capital e project. e e e NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe closes the capital project budget entitled "THM Water Quality Study" and appropriates the following revenues and expenses: Revenues: As Amended $43,634 Transfer From Water and Sewer Fund Expenses: Project Costs $43,634 BE IT FURTHER ORDAINED that an amendment to the Water and Sewer Fund budget for FY 2000-2001 to appropriate fund balance in the amount of $43,634 is approved, and that said amount shall be transferred to the capital project fund. Approved this ~ day of~, 2001. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.6. Budget Ordinance - Lower Zone Water Transmission Main Improvements. Water Resources Director Russ Colbath advised by memorandum that this was a consideration of establishing a capital project entitled "Lower Zone Water Transmission Main Improvements." Mr. Colbath stated that the City of Monroe was currently dependent on a single 30" water transmission main, installed in ] 973, to supply the entire City. Staff believed it was in the City's best interest to install a parallel transmission main from the John Glenn Water Treatment Plant to a point where multiple water transmission mains exist. This project was included in the five-year capital improvement plan presented to Council in May of 2000, and was included in the current rate model and pro-forma. 200 e Mr. Colbath advised that the scope of the proposed project included approximately 12,000 linear feet of new 30" water line with all related appurtenances such as fire hydrants and valves. The project will be designed in-house by Water Resources Department staff. The cost estimate for the project was $1,400,000. It was proposed to fund the project from the Water and Sewer Fund. Staff recommended that Council adopt a Capital Project Budget Ordinance in the amount of $1,400,000 to establish and fund the proposed project, including surveying fees, construction costs, and a project contingency often percent. Council Member Smith moved to adopt Budget Ordinance BO-2001-04: CAPITAL PROJECT BUDGET ORDINANCE LOWER ZONE WATER TRANSMISSION MAIN IMPROVEMENTS BO-2001-04 e WHEREAS, the City desires to provide reliable, quality water supply to the citizens of Monroe; and WHEREAS, the City's current supply is dependent on a single water transmission main; and WHEREAS, it is in the City's best interest to install water transmission infrastructure to provide reliability and additional capacity. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe establishes a capital project entitled "Lower Zone Water Transmission Main Improvements" and appropriates the following revenues and expenses: e Revenue: Transfer From Water and Sewer Fund $1,400,000 Expense: Project Costs $1,400,000 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 $1,400,000 to the Water Treatment Plant Process Upgrade Capital Project Fund. Approved this ~day of May, 2001. . Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.7. Summary of Contracts Awarded Pursuant to 0-2001-17 and Change 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 e awarded under authority of 0-2001-17: 201 e Date Name Purpose Amount 5-6-01 Airtite Replacement Install siding at raw water pump station on $ 1,800.00* Windows Lake Lee 5-7 -01 Utility Service Co., Install City logo on Sides of Patton Avenue $3,000.00* Inc. Water Tank 5-7-01 DMG-MAXIMUS, Professional accountings services to develop a $7,000.00 Inc., Consultant central services cost allocation plan for the (Not to exceed) City to support and administer federal programs, prepare indirect cost proposals for federal grants, and negotiate cost allocation plan with State/Federal governments 5-3-01 C & A Masonry, Inc. Build foundation 25 X 32 for construction $1,045.00* crew at Walkup A venue facility 5-7-01 TelWare Corporation Data cabling for City Hall renovations $5,620.54 e * Approved by Department Director e e e No Change Orders have been approved recently under authority ofR-2000-76. Item No.8. Ordinance to Amend Parking Schedules. Engineering Director Jim Loyd advised by memorandum that this was a consideration of amending parking schedules to prohibit parking on both sides of Cotton Street between Charles Street and Thompson Street. Mr. Loyd stated that during practice and events at the soccer field behind Monroe Middle School, vehicles often park along Cotton Street, creating congestion within the immediate area and safety concerns with pedestrians moving among parked cars as they cross the street. In response to these concerns, funds were provided in the Fiscal Year 2000-2001 Budget for the Parks and Recreation Department to build a parking lot off Cotton Street across from the soccer fields. Paving of the lot was completed by the Street Division in May with 74 parking spaces provided. Also, a sidewalk was constructed to provide connectivity to the parking lot at the 1. Ray Shute Center, which has 60 parking spaces. Officer Bengie Mullis of the Police Department advised that vehicles are still being parked along Cotton Street during soccer events, which is continuing the safety concern about children crossing the street between parked vehicles. Officer Mullis requested posting of Cotton Street to "No Parking" to resolve this concern. Mr. Loyd advised that the request to prohibit parking along both sides of Cotton Street from Charles Street to Thompson Street was recommended by the Engineering Department. There is a safety issue with children crossing the street between the parked vehicles when ample off-street parking is provided. Staff recommended that Council adopt an Ordinance that would allow the required signage to be installed by the Street Division and enforcement by the Police Department. Council Member Smith moved to adopt Ordinance 0-2001-23: 202 e e e e e AN ORDINANCE TO AMEND TITLE VII, CHAPTER 76 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-23 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 76 - Parking Schedules, of the City of Monroe Code of Ordinances be amended to add as follows: SCHEDULE I. Parking Prohibited At All Times STREET Cotton Street TO Thompson Street FROM Charles Street Adopted this ~ day of May, 200 I. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.9. Call for Public Hearings to be Held June 5. 2001. A. Project # 01-130-00008 - Zoning Map Change Request - B-3 (Hi~hway Business) to R- 20 (Low/Moderate Density Single Family Residential) - Approximately 3.51 acres on Secrest-Price Road Near Intersection of Fowler-Secrest Road - Marietta Littleton - Tax ID#s 09-298-073A. 09-298-076, 09-298-077. Council Member Smith moved to call for a public hearing to be held June 5, 2001 at 6:30 p.m. to consider this request. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Project # 01-100-00008 - Conditional Use Permit Request - Addition of Three modular Classrooms at Monroe High School - 1105 Circle Drive - Approximately 29 acres - Union County Public Schools - Tax ID# 09-197-048. Council Member Smith moved to call for a public hearing to be held June 5, 2001 at 6:30 p.m. to consider this request. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 203 e e e e e C. Project # 01-120-00012 - Subdivision Text Change Request - Amend Section 154.35(F) of the Code of Ordinances to Clarify Potential Use of General Public Utility Easements Shown as Dedicated for Public Use on Plats. Council Member Smith moved to call for a public hearing to be held June 5, 2001 at 6:30 p.m. to consider this request. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Community Development Block Grant Rehabilitation Program Closeout. Council Member Smith moved to call for a public hearing to be held June 5, 2001 at 6:30 p.m. to consider this request. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: Item No. 10. Award of Contract for Extension of Utility Facilities to the Monroe Corporate Center. Water Resources Director Russ Colbath advised that this was a consideration of a contract award to initiate water and sewer extensions to the expanded City of Monroe Corporate Center. Mr. Colbath stated that the expansion of the City of Monroe Corporate Center required that water and sewer facilities be extended to serve the new areas. N.C.G.S. 158-7.1(c) requires that a public hearing be held prior to approval of expenditures for economic development purposes. The public hearing for this proj ect was held September 19, 2000. At that meeting, City Council approved funding these improvements for economic development purposes. Mr. Colbath advised that the current water and sewer extension design included approximately 5,800 linear feet of new water line, and 1,500 linear feet of sewer line, with all related appurtenances such as fire hydrants, valves, and manholes. The cost estimate for these extensions was $295,000. Mr. Colbath advised that formal bids were received from licensed contractors for the installation of said water and sewer lines on May 1, 2001. The bids were reviewed for proper form and responsiveness. Bid tabulations were as follows: 204 e e e e e Project WROI-07 and SROI-0S Monroe Corporate Center Drive 2001 UNIT PRICE BID BRS,Inc Boggs CMI Crowder Dellinger, R H Price, State Utility Paving, Inc. Construction, Construction Inc. Inc. Contractors Inc. Co. Inc. BID FORM TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL DESCRIPTION BID PlllCE BID PRICE BID PRICE BID PlllCE BID PRICE BID PRICE BID PRICE TOTAL BID: PRO.JECT $251,891.30 $257,026.84 $274,794.47 $189,376.06 $223,178.24 $252,231.72 $215,215.51 WROI-07 TOTAL BID: PROJECT $124,634.05 $108,076.34 $79,285.22 $7\ ,098.03 $95,093.21 $93,410.99 $149,425.51 SROI-08 TOTAL BID: MONROE CORPORATE CTR DR $376,525.35 $365,103.18 $354,079.69 $260,474.09 $318,271.45 $345,642.71 $364.641.02 200] Mr. Colbath stated that the project was designed in-house by the Water Resources Department staff. The engineer's estimate for the project was $400,000. The contract stipulated a contract time of 150 calendar days. Staff recommended that Council award the contract for water and sewer extensions for the expanded Corporate Center to Crowder Construction Company in the amount of $260,474.09. Council Member Smith moved to award the contract for water and sewer extensions for the expanded Corporate Center to Crowder Construction Company in the amount of $260,474.09. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: REGULAR AGENDA Item No. 11. Request of DMI for Promotional Sponsorship of Jaycees - "Main Street Live. " This item was moved from the Consent Agenda to the Regular Agenda for discussion. Council Member Jordan stated that he had reviewed the information provided. In particular, he reviewed the section that said a special tax could be used for promotional types of activities. He felt that when that special tax was adopted and the public hearing was held, it was his recollection that the folks were going along with that more for the purpose of doing the façade grants, etc. He stated that he knew the City had concerns from the Downtown business owners in the past about the "Main Street Live)J events, especially because of the sale of alcohol. Council Member Jordan stated that he did not know what kind of response had been received from the business owners in the downtown area regarding their tax money being used for this purpose. Council Member Jordan made a motion that the Downtown property owners, who are paying this tax, be contacted to see if they are in agreement that this money be used for the stated purpose. 205 e e e e e Council Member Smith questioned how much money the tax created on an annual basis. Economic Development Director Chris Platé advised that it created $28,000. Council Member Smith further questioned if any type of assurance was given that said the amount of the sponsorship would increase. Mr. Platé said that no assurance was given. That was just for this year alone. Council Member Smith confirmed that sponsorship had to be applied for each year. Mr. Platé stated that was correct. Mr. Platé stated that the sponsorship for the Jaycee's only went towards the sponsorship ofthe band and other items. The Jaycee's are also funding the event. Council Member Jordan felt that $5,000 represented roughly 20 percent of the money that was raised through taxes. Council Member Smith questioned how much money the City of Monroe provided the Jaycee's in in-kind help. Mr. Platé advised that the Jaycee's hired off-duty resources officers but the City does provide barricade service in closing the streets and electricity is provided through the street power system. Council Member Smith questioned if Mr. Platé knew the money figure involved. City Manager Doug Spell stated that he would have the respective departments pull together this information and provide it to Council. Council Member Kilgore questioned who did the clean up. Mr. Platé advised that the Jaycee's did the clean up and BFI provided cardboard bins. Council Member Kilgore questioned whether this was a request for $5,000 each time or up to $5,000. Mr. Platé stated that up to $5,000 was what was committed to the Jaycee's with the understanding that funds were to be raised to supplement that. So if $5,000 in private donations were raised, zero dollars would come out of Municipal Service District. Mr. Platé stated that this was a one-time shot for the 2001 concert series. Mr. Platé stated that this was one of the biggest cumulative overall events for bringing folks into the Downtown area. Council Member Kilgore seconded Council Member Jordan's motion that the Downtown property owners be contacted to see if they are in agreement that this money be used for the stated purpose. The motion passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 12. Public Hearings. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. A. Consideration of an Appropriation for the Extension of Utility Facilities to the Monroe Corporate Center. This public hearing regarding this matter was held on September 19, 2000; therefore, no public hearing was held May 15, 2001. 206 e e e . e 8. Project # 01-100-00009 - Conditional Use Permit Request - Improvements to the Monroe Municipal Airport - Approximately 369.89 Acres Located Off Airport Road - City of Monroe - Tax ID#s 09-369-001~ 09-369-003A. 09-369-002D. 09-369-0028. 09-369-005D, 09-369-005E, 09-402-004~ 09-369-002J. 09-372-001~ 09-402-004C, 09-402-005. 09-402-005C. Mayor Davis opened this quasi-judicial public hearing. Mayor Davis swore in the following individuals who planned to give testimony: Larry Simons, Jim Loyd and Carol Rhea. Planning Director Rhea advised that this was a consideration of a request by the City of Monroe for issuance of a conditional use permit to make improvements and modifications to the Monroe Municipal Airport. Ms. Rhea stated that the Airport property itself was not proposed to be expanded; it was the existing property that would be expanded. The petitioner's site was surrounded by light industrial uses to the west, zoned G-I (Monroe Corporate Center). A mixture of institutional, industrial, agricultural, and mining uses, all zoned G-I are located to the north (Union Academy, Allvac, Charlotte Plastics and Martin Marietta). To the east are several light industrial uses located off Rocky River Road (Union Power, Westwood Industrial Park). South of the airport is unincorporated land used for residential and agricultural purposes. The majority of the Airport site lies outside a water supply watershed, and there are no designated flood hazard areas on the site. She stated that this was a 20-year plan. Ms. Rhea advised that the petitioner's property is located in an area designated for light industrial uses. The Land Development Plan strategies relevant to the case included: (1) S-3a: Promote the areas around the Monroe Municipal Airport as the County's primary light industrial center; (2) S-3g: Protect the Monroe Municipal Airport by developing an Airport overlay zone within the City's Zoning Ordinance; and (3) S-3h: Protect existing industries and the Monroe Corporate Center from the encroachment of incompatible land uses. Ms. Rhea stated that the City of Monroe proposed to undertake several projects in the next several years to modify and make improvements to the existing Airport facility. Airports are currently conditional uses in the G-I zoning district. Staff had no knowledge that a conditional use permit has been issued for the site. The improvements and modifications are planned in two phases: Phase I included modifications and improvements planned for the years 2001 through 2005; and Phase II included improvements and modifications planned from 2006 through 2020. All improvements and modifications are dependent on the availability of local, State, and Federal funding. Ms. Rhea reviewed the major improvements within Phase I. These improvements included: (1) Expansion of the general aviation apron in the vicinity of the new terminal for the construction of a maintenance hangar; (2) Construction of an automobile parking lot; (3) Construction of a new vehicular access road; (4) Relocation of approximately 3,500 feet of existing taxiway from 200 feet to 300 feet from the runway centerline and the completion of a parallel taxiway to runway 23; and (5) Installation of a median approach lighting system (MALSR). Other improvements in Phase I included land acquisition, extension of the existing T - Hangar taxilane, localizer antenna and equipment shed relocation, Teledyne area parking lot and access road relocation, and extension of the taxiway, aircraft apron, and access road. 207 e Ms. Rhea then reviewed the major improvements within Phase II. These improvements included the following: (1) Construction of a north hangar area including aircraft apron, access road, and utility extensions; (2) Central corporate area expansion including a large hangar apron and auto parking area; (3) Southwest T-hangar taxilanes (Southwest); and (4) Southeast corporate area expansion including extension of a parallel taxiway, and construction of two new access roads. Ms. Rhea advised that the improvements planned are incorporated in the Monroe Municipal Airport's Airport Layout Plan which serves as a guide for future Airport development and is used by the City of Monroe, consultants, and the North Carolina Department of Transportation's Division of Aviation in making and reviewing funding requests each year for North Carolina Department of Transportation's Transportation Improvement Program. The Airport Commission's input and recommendations have been incorporated in the Airport Layout Plan. e Should Council choose to issue a conditional use permit for this request, staff recommended the following conditions: (1) The development of the tract shall proceed in general 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; and (2) The petitioner shall comply with all zoning regulations as specified in Chapter 156 of the Monroe Code of Ordinances. Ms. Rhea advised that the Planning Board recommended approval as requested with staff recommended conditions. e Engineering Director Jim Loyd stated that what initiated the action was the 2001 Airport Improvement Plan. This program is being implemented with the $3 million received through Representative Robin Hayes. Mayor Davis asked the following questions of Mr. Loyd 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. Loyd The use will not. e Mayor Davis: Mr. Loyd: In your opinion, does the use meet all required conditions and specifications? Yes it does. Mayor Davis: In your opinion, will the use not substantially injure the value of adjoining or abutting property or that the use is a public necessity? Mr. Loyd: The use will not. 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 Monroe Land Development Plan?; Mr. Loyd Yes it will. e Mayor Davis: In your opinion, will the proposed use be compatible with the general characteristics of the area with respect to the location of the structures, and the location, design, and screening of the site? 208 · e e e e Mr. Loyd: Yes it will. Mayor Davis: In your opinion, will the proposed use not create or seriously heighten the congestion on local streets and thoroughfares? Mr. Loyd: The proposed use will not. Economic Development Director Chris Platé addressed Council in favor of the proposal. He stated that he wanted to reiterate the value the property provided for the City. He stated that the assessed value of just the concrete was $52 million that the City had invested. Generation in tax dollars just of the airplanes this year was around $180,000. This value had doubled this year because of the planes that were added. Mr. Platé stated that this was not only a necessity and important item to the City of Monroe and Union County, but also to the Charlotte region. The Monroe Airport is listed in the Department of Commerce as the fifth top regional airport in North Carolina. Mr. Larry Simons who resides on 3114 Sanford Lane spoke in opposition of this proposal. He pointed out his home on the site map. He stated that he currently had blinds on all his windows now so that he could sleep at night. He stated that this was a low lying area and the lights lit up everything. He stated that he counted 29 new proposed lights that werc going to be installed. He stated that he was in "no man's land." He stated that no matter what he did or said he was told "that's in the City, we can't do nothing about that" or "that's in the County we can't do nothing about that." He stated that he was on the end of the runway with the noise, no water and no sewer. He requested some sort of plan as to what was going to happen. He stated that someone mentioned it would not effect the land. He felt that if he had a potential buyer for his home at 8:00 p.m. and every five seconds the lights shine and planes came over his home, who would want to buy the land then. He stated his land was in a weird place. The City was doing the development and they are right on the County line. He stated that he paid County property taxes eaeh year so these things could be done. He stated that his mailbox was in the City limits. He again asked for some type of future plan. Mr. Simons stated that he built his home in 1990. Mayor Davis asked if the Airport was there when he built his home. Mr. Simons stated that at that time it was a small airport with crop planes. He stated that he had two skylights in his kitchen and when planes fly over his home he can see the lights of the planes. Mayor Davis stated that she felt Mr. Simons' biggest complaint was that he did not have water and sewer and this was something that she could not address since this was a Union County problem. He asked if there was a way to get some sort of concrete future plan for this area. Mr. Simons stated that there was land that was just purchased by the City for the Industrial Park. He stated that he felt there would be roads coming onto Airport Road and if not where would they be. Mayor Davis advised that at the present she did not have an answer to that. City Manager Spell stated that a development plan on that property had not been prepared. The City was in the process of purchasing the property but did not have a development plan prepared. Mr. Simons stated that Airport Road was supposed to be widened all the way through. He stated that it would go from Old Charlotte Highway to Goldmine. Mr. Simons stated that since no one could help him, he didn't need any help he reckoned. 209 e There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. Item No. 13. Action from Public Hearing - Project # 01-100-00009 - Proposed Conditional Use Permit - Improvements to the Monroe Municipal Airport - Approximately 369.89 acres Located off Airport Road - City of Monroe - Tax ID#s 09-369-001, 09-369-003A. 09- 369-002D, 09-369-002B. 09-369-005D. 09-369-005E. 09-402-004, 09-369-002.'. 09-372-001. 09-402-004C~ 09-402-005, 09-402-00SC. Council Member Hargett moved BE IT ORDAINED that this Conditional Use Permit be approved in all respects: CONDITIONAL USE PERMIT On the date(s) listed below, the City Council of the City of Monroe met and held a public hearing to e consider the following application: e e e Record Owner(s): City of Monroe Property Location: Monroe Municipal Airport Tax Map & Parcel # 09-369-001. 09-369-002B. 09-369-002D. 09-369-005D, 09-369-005E. 09~369-002J. 09-402-003A. 09-402-004. 09-402-004C. 09-402-005. & 09-402-005D Acreage: 369.89 Deed References: BOOK 418 ,PAGE 127 BOOK 217 . PAGE 688 BOOK 217 . PAGE 698 BOOK 226 . PAGE 237 BOOK 322 . PAGE 020 BOOK 324 , PAGE 241 BOOK 352 ,PAGE 629 BOOK 353 . PAGE 866 BOOK 372 , PAGE 778 BOOK 382 . PAGE 784 BOOK 384 . PAGE 128 BOOK 384 . PAGE 205 BOOK 438 ,PAGE 735 BOOK 456 . PAGE 675 BOOK 1333 . PAGE 693 BOOK 875 , PAGE 682 BOOK 441 ,PAGE 471 BOOK 1298 . PAGE 025 BOOK 1175 . PAGE 388 BOOK 314 . PAGE 296 BOOK 1 . PAGE 553 BOOK 1040 . PAGE 667 BOOK 860 , PAGE 603 BOOK 882 ,PAGE 754 Type and Intensity of Use: Additions and Modifications to Monroe Municipal Airport Meeting Date: Mé\Y 15.2001 Approval Date: May 15.2001 210 · 1. 2. 3. 4. · 5. e e · 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 where proposed and developed according to plan; and -rhe use meets all required conditions and specifications; and The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; 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 general characteristics of the area with respect to the location of the structures, and the location, design, and screening of the site; and 6. The proposed use will not create or seriously heighten the congestion on local streets and thoroughfares. 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 general 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; and 2. The petitioner shall comply with all zoning regulations specified in Section 156 of the City of Monroe Code of Ordinances. 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 July 16, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 211 e e e e e Item No. 14. Other Business. A. DMI Board. Mayor Davis stated that she presently served on the DMI Board and asked Mayor Pro Tern Bazemore to relieve her and serve in her absence. City Manager Spell will so advise the DMI Board. B. Angela Anderson - Yellow Cab. Ms. Angela Anderson stated that according to the agreement between Yellow Cab and the City they had to move to a B-4 area. She advised that there were no B-4 areas available. She asked what paperwork she needed to have together to put it in front of City Council and the Planning and Zoning Committee to have the area she had located for the new building to be added as a taxi stand onto the G-l zoning. Mayor Davis advised that she was contacted about that this afternoon and was told that Ms. Anderson had contacted the City and they had given the appropriate information to her. Mayor Davis stated that she went through the process and that this item could be fast tracked as much as possible and could have a decision for Ms. Anderson by June 20, 2001. Mayor Davis stated that this would be the absolute earliest and that was with fast tracking and calling for a public hearing before it had been heard before the Planning Board. Ms. Anderson asked if there was a temporary zoning until then. Mayor Davis stated that they would not even give her a temporary zoning. Mayor Davis stated that the hearing could be called for June 5, 2001 and be heard on June 19, 2001. Ms. Anderson asked what she should do in the meantime. Ms. Rhea stated that one of her staff members had gone over the text amendment procedures with Mr. Closser today on the phone. Ms. Rhea told Ms. Anderson that she needed to: 1) File for a text amendment by filing out the appropriate form (staff will assist if necessary); 2) Pay the $100 fee for this process. Ms. Rhea will meet with Ms. Anderson at 11:30 a.m. on May 16, 2001 to complete the above procedures and to see if there are any additional procedures that need to be addressed. Mayor Davis and Ms. Rhea recommended that Ms. Anderson began all her paperwork as soon as possible. Ms. Rhea provided Ms. Anderson with her business card and phone number. Ms. Anderson requested a statement that there would not be a problem if they were in their building after the May 24, 2001. City Attorney John Milliken stated that he and Ms. Anderson had a discussion regarding this statement earlier today. Mr. Milliken stated that sincc Attorney Anthony Fox drafted the contract it would need to be approved by him. Council Member Hargett made a motion that if Mr. Fox stated it was legal, that the period be extended for 30 days. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 15. Closed Session - Property Acquisition. Council Member Hargett 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: 212 e e e e - AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Upon return from Closed Session and there being no further business, Council Member Kilgore moved to adjourn. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: /!4~ dy L. Davis, Mayor Attest: Minutes transcribed by Bridgette Robinson, Administrative Assistant II 05-15-01 213