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06/05/2001 . . e e - CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 June 5, 2001 - 6:30 p.m. AGENDA CONSENT AGENDA 1. Minutes of Regular City Council Meeting of May 15,2001 Minutes of Parks and Recreation Commission Meeting of April 17, 2001 Minutes of Downtown Monroe, Inc. Meeting of March 28,2001 Minutes of Historic District Commission Meeting of February 12,2001 Minutes of Environment & Water Resources Committee Meeting of April 17, 2001 2. Budget Amendments - Planning Department A. Budget Amendment and Agreement· Repair Work on Mary Lee Featherston Home B. Budget Amendment - BFI 3. Call for Public Hearings To Be Held June 19,2001 A. Fiscal Year 2001·2002 Budget B. Project #01·120·00015 Zoning Text Amendment - Section 156.047 - To Add Taxi Stands As a Permitted Use in the G·I (General Industrial) Zoning District - Angela Anderson, Yellow Cab C. Project #01·120-00016 Zoning Text Amendment· Chapter 117· To Change the Reference from "Department of Planning and Development" to "Building Standards Department," Provisional Upon City Council Approval of the Creation of Building Standards Department D. Project #01·120~00017 Zoning Text Amendment· Chapter 153· To Amend the Minimum Housing Ordinance to Reflect Current North Carolina State Building Code Standards 4. Summary of Contracts A warded Pursuant to 0·2001-17 and Change Orders Executed Pursuant to R· 2000· 76 5. Declaration of Additional Surplus Assets 6. Customer Service Policy· Amendment to Definitions REGULAR AGENDA 7. Public Hearings 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) ofthe 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 7 · e e e e 8. Action From Public Hearings 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. Proposed Conditional Use Permit - Project # 01-100-00008 - 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. Proposed Ordinance - Project # 01-120-00012 - Subdivision Text Change Request - Amend Section 15435(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 9 . Award of Contract - 2001 Spring Asphalt Paving Program 10. Other Business A. Appointment B. Five Points C. Union County Library Foundation D. Closed Session - To consult with City Attorney on Matter Requiring Confidentiality and Personnel Issues 11. Local Legislation 06-05-01 8 e e e e e CITY OF MONROE CITY COUNCIL MEETING JUNE 5,2001 - 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 June 5, 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: Mike Keziah, Cheryl Brown, Jimmy Lowery, Paulette Whitley, Kathy Gordon, Charles Norwood, Jill Martin, Don Mitchell, Molly Mitchell, Mark Donham, Vernard Littleton, Stevie Cox, Bob Harvell, Marietta Littleton, Kristie Combs, Larry Parks, Jim Loyd, La Vondra Edwards, Beth Medlin, Dave Eden, Troy Penny, Sonia Vizcaino, Ed Sweeney, Heather Howard and others. Mayor Davis called the Regular City Council Meeting of June 5, 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 Ree:ular Citv Council Meetine: of Mav 15. 2001. Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of May 15, 2001. Mayor Pro Tern Member Bazemore seconded the motion, which passed unanimously with the following votes: 9 e e e e e A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Minutes of the Parks and Recreation Commission Meeting of April 17, 2001, Minutes of the Downtown Monroe, Inc. Meeting of March 28, 2001, Minutes of the Historic District Commission Meeting of February 12,2001, and Minutes of the Environment & Water Resources Committee Meeting of April 17, 2001 were received as information by Council. Item No.2. Budget Amendment - Plannine: Department. A. Bude:et Amendment and Ae:reement - Repair Work on Mary Lee Featherston Home. Planning Director Carol Rhea advised by memorandum that Mary Lee Featherston has requested that the City make repairs to her home located at 605 Carr Street. Ms. Featherston participated in the Winchester IV 1990 Community Development Housing Rehabilitation Program. She filed a verbal complaint with the City in December of last year. Ms. Featherston has complained that her home currently has problems that she believes exist due to improper work during the CDBG program in 1990. She has asked the City to make repairs to her home. The complaint was taken to the Community Development Committee for review. The Committee asked for inspections to be performed. Since it was not clear if the current damages stem from the work done in 1990 or not, the Committee recommended that repair work should be performed. Bob Harvell, Building Standards Manager, noted that repair work could be done for approximately $10,000. The Community Development Committee recommends that the City Council approve a budget amendment and authorize the execution of agreements to make repairs to the Mary Lee Featherston home at 605 Carr Street not to exceed $10,000. Council Member Kilgore moved to adopt Budget Amendment BA-2001-09: Budget Amendment Mary Lee Featherston Rehabilitation Work BA-2001-09 1. Amendment necessary to designate and appropriate funds for repair work to the Mary Lee Featherston home: SPECIAL REVENUE FUND: Revenues: Appropriation of Fund Balance $10,000 Expenditures: Economic and Physical Development This the 5th day of June, 2001. $10,000 10 e e e e e Mayor Pro Tern Bazemore 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 B. Bude:et Amendment - BFI. Planning Director Carol Rhea advised by memorandum that Staff is requesting that an additional $20,000 be added to ensure adequate funds to pay BFI through the end of the fiscal year. The amount budgeted for solid waste expenditures for the 2000-01 budget year was $1,665,000. The current projected amount of expenditures, however, is $1,682,700, which leaves a shortfall of $17,701.96. It appears that one house count from June 1999 through November 2000 was omitted from the calculations that were used to estimate expenditures in the budget process. Projected revenues through the end of this fiscal year are $1,722,886.66. Projected revenues exceed projected expenditures by $40,186.66. Staff recommends that the City Council approve the request for the budget amendment. Council Member Kilgore moved to adopt Budget Amendment BA-2001-08: BUDGET AMENDMENT BA-2001-0S 1. Amendment necessary to appropriate funds for a budget deficit in the Sanitation program: General Fund: Revenues: Sales and Services $20,000 Expenditures: Environmental Services $20,000 This the 5th day of June, 2001. Mayor Pro Tern Bazemore 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 Item No.3. Call for Public Hearine:s To Be Held June 19.2001. A. Fiscal Year 2001 - 2002 Bude:et. Council Member Kilgore moved to call for a public hearing to be held June 19,2001 at 6:30 p.m. to consider this request. Mayor Pro Tern Bazemore seconded this motion, which passed unanimously with the following votes: 11 e e e e . A YES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None B. Project #01-120-00015 Zonine: Text Amendment - Section 156.047 - To Add Taxi Stands As a Permitted Use in the G-I (General Industrial) Zonine: District - An~ela Anderson. Yellow Cab. Council Member Kilgore moved to call for a public hearing to be held June 19, 2001 at 6:30 p.m. to consider this request. Mayor Pro Tern Bazemore seconded this 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 #01-120-00016 Zonine: Text Amendment - Chapter 117 - To Chane:e the Reference from "Department of Planning and Development" to "Building Standards Department." Provisional Upon City Council Approval of the Creation of Buildine: Standards Department. Council Member Kilgore moved to call for a public hearing to be held June 19,2001 at 6:30 p.m. to consider this request. Mayor Pro Tern Bazemore seconded this 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 D. Project #01-120-00017 Zoning Text Amendment - Chapter 153 - To Amend the Minimum Housing Ordinance to Reflect Current North Carolina State Buildine: Code Standards. Council Member Kilgore moved to call for a public hearing to be held June 19, 2001 at 6:30 p.m. to consider this request. Mayor Pro Tern Bazemore seconded this 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 Item No.4. Summary of Contracts Awarded Pursuant to 0-2001~17 and Chane:e Orders Executed Pursuant to R-2000-76. City Manager Spell advised by memorandum the award of recent 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 contract(s) recently awarded under authority of 0-200 1-17. 12 e e e e e Date Name Purpose Amount 5~ 7MO I Tax Consultants, Consulting Contract - Conduct review 25% of any gross refund or Inc. of records for purpose of recapturing credits received by City any North Carolina taxes overpaid to the N.C. Department of Revenue 5·24·01 Classic Enterprises Real Property Auction Contract - To Sellers Fee - None of Locust, Inc., Ned conduct surplus auction on June 9, 2001 Buyers Premium 8% Huneycutt Auction & Realty, Inc. 4·6·0 1 ITRON, INC. End User License and Warranty $34,948.50 Agreement for equipment, licensed Monthly Maintenance Fee software, training and related $393.50 documentation Quarterly Costs After 14 Month Warranty: Equipment $1,180.50 5·23·01 Julius C. Bell Lake Inspector Annual Contract - Lake $375 Monthly Lee Monitor the Lake for public compliance with the Lake Ordinance 5~23·01 Melvin Helms Lake Inspector Annual Contract - Lake $375 Monthly Twitty - Monitor the Lake for public compliance with the Lake Ordinance 5·23·01 James E. Byrd Lake Inspector Annual Contract - Lake $375 Monthly Monroe - Monitor the Lake for public compliance with the Lake Ordinance * Approved by Department Director No Change Orders have been approved recently under authority ofR-2000-76. Item No.5. Declaration of Additional Surplus Assets. Director of Finance and Administration Sonia Vizcaino advised by memorandum that this was a request to declare the following items surplus: Item Description Department Dodge Rampage VIN # IB7EZ44BICD242498 Police Reliant K Car VIN # Police I P3 VB P26D5GF262923 Camaro VIN # IGIFP21F2HNI04355 Police Van # 842 VIN # Police IFMCAIIU7H2AI2277 Crown Vie #771 Fire/Police ***Piekup #392 Parks & Recreation *** Golfcart #1044 Parks & Recreation Various Unclaimed Property Police (Items indicated with an asterisk(*) may not be sold at auction because the replacement item(s) may not arrive by the time of the auction. These items will be sold at a later date.) 13 e e e e e The City of Monroe annual surplus auction will be held on Saturday, June 9, 2001 at 10:00 a.m. at the City of Monroe Operations Center. Staff recommends that Council declare surplus all items listed. Council Member Kilgore moved to declare the items surplus. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Item No.6. Customer Service Policy - Amendment to Definitions. Customer Service Manager Jill Martin advised by memorandum the consideration of a modification in the wording of the current policy that defines "good" and "not good" credit history. City Staff has found a conflict in the Customer Service Policy as to the definitions of "good" and "not good" credit history and wish to reword the policy to eliminate conflicting information. Council Member Kilgore moved to amend the Customer Service Policy to change the wording for the definition of "good" and "not good" credit history. Mayor Pro Tern Bazemore 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 REGULAR AGENDA Item No.7. Public Hearine:s. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. A. Project # 01-130-00008 - Zonine: MaD Chane:e Reauest - B-3 (Highway Business) to R- 20 (Low/Moderate Density Sine:le Family Residential) - ADDroximatelv 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. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that this was a consideration of a zoning request by Marietta Littleton to rezone 3.51 acres located on the south side of Secrest-Price Road near the intersection of Fowler-Secrest Road from B-3 (Highway Business) to R-20 (Low/Moderate Density Single-Family Residential). Planning Director Rhea advised that the petitioner's parcels are adjacent to land zoned B-3 to the south and west that is currently vacant or used for agricultural purposes. A mini-warehouse facility, truck rental business, and telecommunications tower zoned B-3 is also located to the south. Parcels to the east abutting Fowler-Secrest Road are zoned R-40 (Low-Density Single- Family Residential); with the exception of one parcel zoned R-O-SU (Residential Office Special Use) used for a business office. Parcels north of the petitioner's parcels are zoned R-40 and used 14 e e e e e for residential purposes. All three parcels are located in a state designated WS-III Water Supply Watershed. No portion of the petitioner's property is located in a designated flood hazard area. Water and Sewer utilities are available. The petitioner's property is located in an area designated for moderate density residential development. Public utilities are either available now, or are technically feasible to provide in the future. Development considerations include the adequacy of roads, environmental impacts, and urban sprawl. Ms. Rhea advised that the petitioner wishes to rezone their property from B-3 to R-20. With B- 3 zoning already in place, the property is currently zoned for most uses found on Highway 74; Le. car sales lots, fast food restaurants, and convenience stores. The development pattern in this area has been largely residential. Staff has been concerned about what could potentially be built in this area for several years. Many of the uses pennitted in the B-3 zoning district have the potential to significantly alter the residential character of the area by increasing noise, light, and traffic. The petitioner decided to make this request when they discovered single-family residences could not be built on their property. Staff feels a rezoning from B-3 to R-20 would serve as good transitional zoning between B-3 and R-40, and would also protect the existing residential development in the area. Staff and the Planning Board recommended that the rezoning request be approved as submitted. Ms. Marietta Littleton spoke in favor of this request. Ms. Littleton stated she would greatly appreciate it if City Council would consider this request. She decided to sell because her property tax in that area is $5,000 and she felt this was excessive; thus she wanted to downsize some. She further stated that she would love to be able to live across from homes, if possible. Mr. Vemard Littleton also spoke in favor of this request. Mr. Littleton stated he had previously met with City Council about this land being home property/family land and at that time B-3 allowed R-20. Evidently a year or so ago, the decision was made not to allow it - and they were not aware of it. When they went to build, they found out R-20 had been taken out of that area. He requested that the City rezone to R-20. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. B. Proiect # 01-100-00008 - Conditional Use Permit Reauest - Addition of Three Modular Classrooms at Monroe Hie:h School- 1105 Circle Drive - Aooroximatelv 29 Acres - Union County Public Schools - Tax ID# 09-197-048. Mayor Davis opened this duly advertised quasi- judicial public hearing. Mayor Davis swore in the following individuals who planned to give testimony: Carol Rhea, Ed Sweeney and Paulette Whitley. Planning Director Rhea advised that the petitioner's site is approximately 29.6 acres surrounded by property zoned B-5 to the north, including Union Regional Medical Center and the Henry Hall Wilson House. To the south is land zoned R-O currently used for medical offices (Sunset Medical Park). East and west of the site are single-family residential homes zoned R-I0, and there is land zoned B-1 to the southwest at the intersection of Circle Drive and Sunset Drive used as a medical office building. Water and sewer are available. The petitioner's property is located in an area designated for urban residential development. The Land Development Plan states that 15 e e e e e all institutional uses in residential areas should be designed to minimize adverse impacts on adjacent residential properties. The petitioner is proposing to add three (3) new modular classrooms to the Monroe High School site. Two (2) ofthe units will be located on the southwest wing of the property adjacent to Circle Drive, and the other unit will be located at the high school entrance off Neal Street. These modular units will be primarily associated with the Wolfe Vocational Center which fronts Circle Drive. There is an existing modular unit on High School Drive close to the intersection of Forest A venue. Staff does not see that there is any use compatibility issues based on the proposed location of the modular units, however all units must meet the minimum setbacks for schools located in the R- 20 zoning district. A portion of this property lies within the WS-IV Watershed District. The petitioner has submitted calculations which demonstrate compliance with those requirements. No portion ofthe property lies within a floodplain. Should Council chooses to approve this request, staff recommended the following conditions be added to the permit: (1) The development of the tract shall proceed in conformity to all plans and design features submitted as part of the conditional use permit application and kept on file by the City of Monroe Department of Planning and Development, except that the City of Monroe Zoning Administrator may approve minor changes to such plans as required by field conditions as defined in Section 156.185(D)(2); and (2) the applicant shall comply with all zoning and watershed regulations as specified in Sections 155 and 156 of the City of Monroe Code of Ordinances, before a Certificate of Occupancy can be obtained; and (3) The applicant shall submit site plans sealed by a registered engineer or land surveyor, that provides information on required parking (this requirement has been met and this condition can be removed from the permit ~ per Ms. Rhea). They have to submit an "As Built" Survey prior to the issuance of the Certificate of Occupancy which is also embedded in the Section 155 and 156 requirements as stated in Condition #2. Mayor Davis asked the following questions of Mr. Sweeney 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. Sweeney: Yes. Mayor Davis: Mr. Sweeney: In your opinion, does the use meet all required conditions and specifications? Yes. Mayor Davis: In your opinion, will the use not substantially injure the value of adjoining or abutting property? Mr. Sweeney: Yes. Mayor Davis: In your opinion, will the location and character of the use, if developed according to the plan as submitted and approved, be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan? Mr. Sweeney: Yes. 16 e e e e e Mayor Davis: In your opinion, will the proposed use be compatible with the neighborhood in which it is located, with respect to the location of the structures, and the location and design of parking and service areas? Mr. Sweeney: Yes. Mayor Davis: In your opinion, will the streets and driveways as proposed provide adequate circulation for on-site and off-site circulation for vehicular and pedestrian movement consistent with the safety of the students and staff? Mr. Sweeney: Yes. Mayor Davis: In your opinion, will existing infrastructure, including but not limited to streets, water and sewer, be adequate to serve the site and will not be adversely impacted by the proposed use? Mr. Sweeney: Yes. Ms. Paulette Whitley, Principal of Wolfe School spoke in favor of this request. She stated that the request is to assist with the growing population, but also with the program changes they have made to better serve the students at Wolfe School. Currently they have close to 46 students this coming year at this site, operating in classrooms with square footage of 188 sq. ft. to approximately 500 sq. ft. These are individuals who are grown, ages 14 through 21, and they have to maneuver in classrooms that are severely restricted in size and mobility for the size of students and staff, and also various assisted devices such as wheelchairs they need. Ms. Whitley stated that this would greatly enhance the program effectiveness. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. C. Project # 01-120-00012 - Subdivision Text Chanee 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. Mayor Davis opened this duly advertised public hearing. Planning Director Carol Rhea advised that the text change request was initiated by the City Attorney. The City Attorney recently brought a concern to the attention of staff regarding an interpretation of Section 154.35(F) of the City Subdivision Regulations. The current text states that if there is property, such as an easement, that is dedicated for public use, it may be used for any public utility. The concern is that this section may be interpreted that the easement may be limited to one utility or for water and sewer only. The City Attorney discussed the concern with the Technical Review Committee. The Committee recommended that the term "General Public Utility Easement" (GPUE) be added to the text to clarify the City's ability to use these easements for any utility use authorized by the City. The City Attorney is in agreement with the addition of this tenn to clarify the text. Staff recommended that the subdivision text amendment be approved as submitted. Likewise, the Planning Board at their meeting on May 2, 2001 recommended the subdivision text amendment be approved as submitted. Council Member Billy Jordan asked if the width of the easement is the same. Planning Director Carol Rhea stated this doesn't change what the City nonnally requires. But if the City is requesting an easement from a property owner, this gives the property owners some assurance. for example, if the City is negotiating for a Stormwater easement, and that is what is recorded, then the easement cannot be used for any other type of easement. But, it also means that if 17 e . someone gives the City a General Public Utility Easement, or that GPUE is required as part of a subdivision process, then any owner of that property from now on who pulls the recorded plat will see that it can be used for any utility. It is just a clarification. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. D. Community Develo{>ment Block Grant Rehabilitation Pro~ram Closeout. Mayor Davis opened this duly advertised public hearing. Mr. Larry Parks stated that this was the last Public Hearing that was required to close out the 1999 project of CDBG Funds that was granted to the City. The project was for major reconstruction on four (4) homes and to rehabilitate a fifth home. Several problems along the way were encountered regarding title work and also several of the recipients died before the projects were completed. It took quite a bit of time to get this done. Mr. Parks stated they ended up the four major re-constructions; however, the rehab house was not done. The timeframe for this project is very limited in being able to do that so a decision was made to close out this project. In doing so, remaining monies which total approximately $30,000 will not be drawn down. This will close out this project within this fiscal year. Mr. Parks stated that he and staff looked for quite a while trying to find a rehab home, and could not find one in the price range of available funds. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. e Item No.8. Action From Pnblic Hearines A.Proiect # 01-130-00008 - Zonin~ Map Chane:e Request - B-3 (Hi~hway Business) to R- 20 (Low/Moderate Density Sin~le 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 e e Council Member Smith moved BE IT ORDAINED that this property be rezoned from B-3 (Highway Business) to R-20 (Low/Moderate Density Single Family Residential). Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None B. Proposed Conditional Use Permit - Proiect # 01-100-00008 - Addition of Three Modular Classrooms at Monroe Hie:h School - 1105 Circle Drive - Approximatelv 29 acres - Union County Public Schools - Tax ID# 09-197-048. Council Member Kilgore 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 consider the following application: 18 e e 1. 2. e 3. 4. e e Record Owner(s): Union County Board of Education Property Location: 1105 Circle Drive (Monroe Hie:h School) Tax Map & Parcel #'s: 09-194-029.09-197-048.09-194-030 Acreage: 29.60 acres Deed Reference: . PAGE 173 . PAGE 271 .PAGE 113 . PAGE 30 BOOK 147 BOOK 212 BOOK 403 BOOK 150 Type and Intensity of Use: Addition of3 modular classrooms to Monroe High School site. Meeting Date: June 5.2001 Approval Date: June 5. 2001 SECTION 1. FINDINGS: Having heard all of the evidence and arguments presented at the hearing, the City Council, at its regular meeting, finds and determines that the application is complete and, considering compliance with the conditions imposed below, the following findings are made: The use will not materially endanger the public health or safety if located where proposed and developed according to plan; and The use meets all required conditions and specifications; and The use will not substantially injure the value of adjoining or abutting property; and The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan; and 5. The proposed use will be compatible with the neighborhood in which it is located with respect to the location of the structures, and the location and design of parking and service areas; and 6. The streets and driveways as proposed provide adequate circulation for on-site and off-site circulation for vehicular and pedestrian movement consistent with the safety of the students and staff; and 7. The existing infrastructure, including but not limited to streets, water and sewer is adequate to serve the site and will not be adversely impacted by the proposed use. SECTION 2. CONDITIONS: Now, therefore, the application to make use of the above described property for the purpose indicated is hereby approved and granted, subject to all applicable provisions of Chapter 156 of the City of Monroe Code of Ordinances, Section 3 of this permit, and the following special condition(s) which the City Council finds to be in the public interest: 1. The development ofthe tract shall proceed in conformity to all plans and design features submitted as part of the conditional use permit application and kept on file by the City of Monroe Department of Planning and Development except that the City of Monroe Zoning Administrator may approve minor changes to such plans as required by field conditions as defined in Section 156.185 (D) (2); and 2. The petitioner shall comply with all zoning and regulations as specified in Section 156 of the City of Monroe Code of Ordinances before a Certificate of Occupancy can be obtained. 19 e e e e e SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with the type and intensity of use as herein described and as shown on the approved site plan. Development of the property, however, shall be subject to any and all future amendments to Chapters 155 and 156 of the Monroe Code of Ordinances which do not effect type and intensity of use (e.g. landscaping, design standards, screening, etc) as herein approved. SECTION 4. SEVERABILITY AND RECORDATION. Invalidation of anyone or more of these conditions shall not adversely affect the balance of said conditions, which shall remain in full force and effect. This permit shall become null and void if not recorded in the office of the Register of Deeds, Union County, North Carolina, on or before August 6,2001. Adopted this sth day of June, 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 Co Proposed Ordinance - Proiect # 01-120~00012 - Subdivision Text Chane:e Request - Amend Section 154.35(F) of the Code of Ordinances to Clarity Potential Use of General Public Utility Easements Shown as Dedicated for Public Use on Plats: Council Member Keziah moved to adopt Ordinance 0-2001-14: AN ORDINANCE TO AMEND TITLE XV, CHAPTER 154 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-14 Preamble Pursuant to authority conferred by Article 16 of the Chapter 160A and Section l60A-175 ofthe North Carolina General Statues, as amended, and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 154 OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Subsection (F) of § J 54.35 is rewritten as follows: (F) All property shown on the plat as dedicated for a General Public Utility Easement (GPUE) shall be deemed to be dedicated for any public utility use authorized by the city. Section 2. This amendment shall be effective upon adoption date. Adopted this sth day of June, 2001. 20 e e e e e 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 D. Communitv Development Block Grant Rehabilitation Proe:ram Closeout. Council Member Kilgore moved to closeout the CDBG Scattered Sites Housing Rehabilitation Program. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Item No.9. Award of Contract - 2001 8prine: Asphalt Pavine: Proe:ram. Engineering Director Jim Loyd advised by memorandum that on June 1, 2001, the Engineering Department opened sealed bids for the 2001 Spring Asphalt Paving Program project. A total ofthree (3) bids were received for the proposed improvements. Following is the bid tabulation: Contractor Boggs Paving, Inc. Crowder Construction Co. Rea Construction Co. Bid Amount $174,280.42 $145,624.20 $154,949.00 The low bid was submitted by Crowder Construction Company in the amount of $145,624.20. Crowder Construction Company was awarded the contract for the Corporate Center Phase IV Improvements earlier this year. The Engineering Department has worked with Crowder Construction Company on a number of projects in the past including Corporate Center Phase III Roadway and Storm Drainage Improvements, Streetscape Phase III, the Neighborhood Target Area Project and various resurfacing contracts. Crowder Construction Company has the qualifications to complete the work in accordance with the scope and project manual prepared for the proposed improvements. The Engineer's estimate for this project was in the amount of $161,777.30. A 10% contingency of$15,000 was recommended to cover possible change orders during the course of the work. The Contract stipulates a construction period of 45 calendar days with liquidated damages occurring at a rate of $250 per day thereafter. Funds are budgeted in the Powell Bill Fund Paving/Street Maintenance, for the proposed work which includes paving approximately 1.43 miles of roadway. Staff recommended that City Council award the 2001 Spring Asphalt Paving Program project to Crowder Construction Company in the amount of $145,624.20. A 10% contingency of $15,000 is requested to cover possible change orders during the course of the work. Council Member Kilgore moved to award the 2001 Spring Asphalt Paving Program project to Crowder Construction Company in the amount of $145,624.20 with a 10% contingency of $15,000 to cover possible change orders during the course of the work. 21 e e e e e Council Member Keziah 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 Item No.1 0 Other Business. A. Appointment. Mayor Pro Tern Bazemore requested that Mayor Davis appoint Marty Autry and Jane Herr to a full term on the Tree Board. Council Member Keziah 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. Five Points. Council Member Kilgore commented on how good the Five Points intersection looked and encouraged everyone to take a ride through there to see it. He stated it looked great and has received favorable comments as to how good it looked. He requested that City Manager Spell convey to the departments that were involved in that project how good it looks and how much he appreciates it. C. Union County Libran' Foundation. Charles Norwood, Chairman of the Board, of the Union County Library Foundation addressed Council concerning the Library expansion. He explained the way the Library operates and advised that the new Library is priced out by the architect at $2,800,000 plus the architect fee. Union County has allocated $2,530,000. Mr. Norwood expressed his appreciation to the City Council for the commitment of $100,000 from the City plus the wonderful in-kind work. They have also received public contributions of about $200,000. However, they are going to be about $180,000 short. Mr. Norwood stated that they would like to see if there is some way that Council can consider helping fund the $180,000 on a nonrecurring basis. D. Closed Session. Council Member Kilgore made a motion to move into Closed Session to consult with the City Attorney on matters requiring confidentiality and personnel issues. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 11. Local Le~islation. Upon return from Closed Session, Mayor Davis stated that she and City Manager Spell had met with five (5) restaurant owners: Showmars, O'Charleys, Hilltop, Oasis, and Hathaway's, regarding the Prepared Meals Tax. She reported that they were very receptive. All of them said they were in favor of the local bills. They also said they understood 22 e e e e - the situation and a couple of them asked for a sign to put up in their restaurant to show they supported it. It was a very good meeting. City Manager Spell advised that letters of invitation were sent to 87 local restaurants, and no negative responses were received. Mayor Pro Tern Bazemore requested that a letter be sent to the Legislators, advising them of this meeting and a list of those in support of the legislation. There being no further business, Council Member Smith moved to adjourn. Council Member Hargett 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 The Regular City Council Meeting of June 5, 2001 adjourned at 7:40 p.m. Attest: ~m ~-'._. / eanne M. Deese, Ci y Clerk ¿f~ L. Davis, Mayor Minutes transcribed by Sherry Hicks, Administrative Assistant II 06-05-01 23