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07/17/2001 · e e e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 July 17,2001 - 6:30 p.m. AGENDA CONSENT AGENDA 1. Minutes of Regular City Council Meeting of June 19, 2001 Minutes of Special City Council Meeting of June 29, 2001 Minutes of Board of Adjustment Meetings of March 22 and April 26, 2001 Minutes of Monroe-Union Historic Properties Commission Meeting of May 1,2001 Minutes of Economic Development Commission Meetings of May 3 and June 7, 2001 Minutes of Airport Commission Meeting of May 7,2001 Minutes of Historic District Commission Meeting of May 14,2001 Minutes of Parks and Recreation Commission Meeting of May 15,2001 Minutes of Land Development Committee Meeting of May 24, 2001 Minutes of Planning Board Meeting of June 6, 2001 Minutes of Dowotowo Monroe Inc. Board Meeting of May 29, 2001 Minutes of Public Safety Committee Meeting of June 27,2001 2. Request ofDMI for Promotional Sponsorship of Jaycees - "Main Street Live" 3. Annual Certification of Firemen 4. Amendments to 1997 Municipal Records Retention and Disposition Schedule 5. 10/70 Watershed Option Request - Highway 74 West and Timberlane Drive ~ Hilltop Partners, LLC- Tax ID# 09~298-093 6. Proclamation - Industry Appreciation Week 7. Ordinances to Amend Traffic Code A. Chapter 75 - Traffic Schedule V. Turns Restricted B. Chapter 75 - Traffic Schedule I. Speed Limits- City Maintained Streets ~ Stevens Road C. Chapter 76- Parking Schedule I. Parking Prohibited at al1 Times 8. Approval of Block Grant Agreement with the NC Department of Transportation to Expand Apron at the Monroe Municipal Airport 9. Summary of Contracts Awarded Pursuant to O~2001-17 and Change Orders Executed Pursuant to R~ 2000-76 10. Adoption of Travel Policy for City of Monroe - Moved to Regular Agenda as Item No. 12 11. Cal1 for Public Hearing to be Held August 7, 2001 A. City of Monroe Standard Specifications and Detail Manual 71 e e e e e B. Project # 01-130~00011 - Zoning Map Change Request - G-I (General Industrial) to B-3 (Highway Business) and B-5 (Medical Facility) - 402 S. Sutherland Ave. - Approximately 4.05 acres - on the S.W. Corner of Roosevelt Blvd. and S. Sutherland Ave. - City of Monroe - Tax ID# 09-191- 006 C. Project # 01-120-00018 ~ Subdivision Text Change - Delete Sections of the Subdivision Ordinance that are to be Included in the Design and Specifications Manual REGULAR AGENDA 12. Adoption of Travel Policy for City of Monroe 13. Public Hearings A. Project # 01-120-00016 - Rental of Dwelling and Dwelling Units - Chapter 117 - To Amend the Ordinance to Reflect Moving the Code Enforcement Division ITom the Department of Planning and Development to the Building Standards Department - City of Monroe (Continued from June 19,2001 Council Meeting) B. Project # 01-120-00013 - Zoning Text Amendment - Addition of Requirement to Obtain a Zoning Permit for any Development Activity or Use of Land (Section 156.180(C)) - City of Monroe C. Project # 01-120-00014 - Zoning Text Amendment - Additions to Temporary Use Requirements- Temporary Use to be a Maximum of 60 Days Two Times Per Year (Section 156.062(A)) - City of Monroe D. Project # 01-100-00010 - Conditional Use Permit - Addition of One Modular Classroom to East Elementary Site ~ 515 Elizabeth Avenue - Union County Public Schools 14. Action from Public Hearings A. Ordinance - Project # 01-120-00016 - Rental of Dwelling and Dwelling Units - Chapter 117 - To Reflect Moving the Code Enforcement Division ITom the Department of Planning and Development to the Building Standards Department - City of Monroe (Continued from June 19, 2001 Council Meeting) B. Ordinance - Project # 01-120-00013 - Addition of Requirement to Obtain a Zoning Permit for any Development Activity or Use of Land (Section 156.180(C)) ~ City of Monroe C. Ordinance - Project # 01-120-00014 - Additions to Temporary Use Requirements - Temporary Use to be a Maximum of60 Days Two Times Per Year (Section 156.062(A)) - City of Monroe D. Proposed Conditional Use Permit - Project # 01-100-00010 - Addition of One Modular Classroom to East Elementary Site - 515 Elizabeth Avenue - Union County Public Schools 15. Other Business A. Appointment - Board of Adjustment B. Summer Intern 07-17-01 72 e e e e e CITY OF MONROE CITY COUNCIL MEETING JULY 17, 2001 - 6:30 p.m. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on July 17, 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 A. Keziah. Visitors: LaVondra Edwards, Jim Loyd, Chris Plate', Wayne Herron, Bob Harvell, Heather Howard, David Fencl, and Ed Sweeney, and others. Mayor Davis called the Regular City Council Meeting of July 17,2001 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 Councilor the public would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Council Member Kilgore requested that Item "No. 10 - Adoption of Travel Policy for City of Monroe" be moved to the Regular Agenda. Written background infonnation 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, as well as moving Item No. 10 (Adoption of Travel Policy for City of Monroe) to the Regular Agenda. Item No.1. Minutes of Reg:ular City Council Meeting: of June 19. 2001. Council Member Jordan noted that the reference to LaSalle Street should be Sowell Street in the Minutes of the Regular City Council Meeting of June 29, 2001. 73 Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of June 19, 2001. Council Member Smith seconded the motion, which passed unanimously with e the following votes: e e . e AYES: Council Members Hargett, Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Special City Council Meeting of June 29, 2001, Minutes of the Board of Adjustment Meetings of March 22 and April 26, 2001, Minutes of the Monroe~Union Historic Properties Commission Meeting of May 1, 2001, Minutes of the Economic Development Commission Meetings of May 3 and June 7, 2001, Minutes of the Airport Commission Meeting of May 7,2001, Minutes of the Historic District Commission Meeting of May 14,2001, Minutes of the Parks and Recreation Commission Meeting of May 15, 2001, Minutes of the Land Development Committee Meeting of May 24, 2001, Minutes of the Planning Board Meeting of June 6, 2001, Minutes of the Downtown Monroe Inc. Board Meeting of May 29, 2001, and Minutes ofthe Public Safety Committee Meeting of June 27,2001 were received as information of Counci1. Item No.2. Request of DMI for Promotional Sponsorship of Javcees - "Main Street Live. " DMI requested that the Monroe City Council al10w the al1ocation of Municipal Service District (MSD) Funds for the sponsorship of the Monroe Jaycees' Main Street Live Concert Series up to a maximum level of $5,000. After being directed by City Council to survey the property owners and tenants, DMI found the results of the survey to be an almost unanimous support of this event. The DMI Board and staff of the DMI Office recommended that the City Council approve the expenditure of no more than $5,000 of MSD Funds for sponsorship of the Main Street Live Concert Series for the 2001 season. Council Member Kilgore moved to approve the request of DMI for promotional sponsorship of the Jaycees' Main Street Live Concert Series. 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.3. Annual Certification of Firemen. North Carolina General Statute 58-86-25 requires that all certified fire departments submit a complete roster of its eligible firemen annually to the Pension Fund. This certified list determines eligibility for the $25,000 line of duty death benefit, as well as eligibility for Pension Fund credit. State statute also requires certification of the Fire Department roster by the Governing Board of the Fire Department. Staff recommended that City Council certify the roster as presented. Council Member Kilgore moved to approve the certification of eligible firemen as presented. Council Member Smith seconded the motion, which passed unanimously with the following votes: 74 e . e e e AYES: Council Members Hargett, Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.4. Amendments to 1997 Municipal Records Retention and Disposition Schedule. The North Carolina Department of Cultural Resources, Division of Archives and History, has introduced two statewide amendments to the 1997 Municipal Records Retention and Disposition Schedule. The first amendment is to "Standard-3 Budget and Fiscal Records" and changes the retention period to 1 0 years for the Escheat and Unclaimed Property File. The second amendment to "Standard-IS Police Department Records" clarifies the minimum retention period for items in the Communications Records File to 30 days, if not made part of a case file. Staff requested that City Council approve the two amendments to the Municipal Records Retention and Disposition Schedule. Council Member Kilgore moved to approve the two amendments to the Municipal Records Retention and Disposition Schedule. 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.5. 10/70 Watershed Option Request - Hiehway 74 West and Timberlane Drive- Hilltop Partners. LLC - Tax ID# 09-298-093. Hilltop Partners, LLC requested City Council to consider allocating 0.77 acres of a 0.77 acre tract for the 10/70 high-density watershed option. Approval of this request would allow the petitioner to develop the entire parcel to a maximum of 70% impervious coverage. The petitioner's property meets the requirements for the 10/70 high- density option due to the property abutting Highway 74 West, the acreage requested being less than 10 acres, and a stonn water management control plan being designed for the development. The petitioner's property lies in the WS-III watershed, which has a total of 440 acres available for the 10/70 option. As of July 17, 2001, 153.23 acres have been allocated. Staff recommended that the City Council approve the petitioner's 10/70 high-density watershed option request as submitted. Council Member Kilgore moved to approve the 10/70 high-density watershed option request of Hilltop Partners, LLC. 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.6. Proclamation - Industry Appreciation Week. The City of Monroe's Economic Development Commission (EDC) and staff are proposing to have their 3rd Annual Industry Appreciation Week in the month of September from Monday the 10th to Friday the 14th. This year, the EDC also plans to have their 3rd Annual Industry Appreciation Day on September 13, 75 e e e e . 2001. The EDC has secured some financial sponsors for the event to help with the overall costs. Monroe EDC and the staff recommended that the City Council adopt Proclamation P-2001-08. Council Member Kilgore moved to adopt Proclamation P-2001-08 to declare September 10 through September 14,2001 as "Industry Appreciation Week": PROCLAMATION INDUSTRY APPRECIATION WEEK P-2001-08 WHEREAS, industries in the City of Monroe are vital to our community's and state's economic health; and WHEREAS, the City of Monroe's existing industries are producing some of the highest quality products sold throughout the state, nation, and world; and WHEREAS, the citizens of Monroe manufacture these products; and WHEREAS, the City of Monroe's existing industries are leaders in continuing economic development for the City and help sustain our high quality of life. NOW, THEREFORE, I, Judy L. Davis, Mayor of the City of Monroe, do hereby proclaim September 10 through September 14,2001 as "INDUSTRY APPRECIA nON WEEK" in the City of Monroe, and call upon all citizens to salute our industries and their employees for their many contributions to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the City of Monroe this the 17th day of Julv, 2001. 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.7. Ordinances to Amend Traffic Code. A. Chapter 75 - Traffic Schedule V. Turns Restricted. Engineering Director James Loyd requested by memorandum that consideration be made to amend Schedule V. Turns Restricted, to add section (C) No Right Turn for Trucks, from Charlotte Avenue onto Icemorlee Street. Mr. Loyd reviewed various options considered by staff and the NC Department of Transportation. The Engineering Staff recommended adoption of an Ordinance to amend Schedule V. Turns Restricted, of the Traffic Schedules, to add Section (C) No Right Turns for Trucks, and to identify the Charlotte Avenue approach onto Icemorlee Street to prohibit right turns for trucks and to authorize staff to pursue improvements to the turn radius on both sides of the intersection as a Small Urban Project with the Department of Transportation. The approval will allow the 76 e e e e e required signage to be installed by the Street Division and enforcement by the Police Department. Council Member Kilgore moved to adopt Ordinance 0-2001-31 to amend Title VII, Chapter 75 - Traffic Schedule V. Turns Restricted: AN ORDINANCE TO AMEND TITLE VII, CHAPTER 75 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-31 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 - Traffic Schedules, of the City of Monroe Code of Ordinances be amended as follows: Schedule V: Turns Restricted Add: (C) No Right Turns for Trucks at the following Intersections. Intersection Approach Charlotte A venue and Icemorlee Street North approach of Charlotte Avenue onto Icemorlee Street Adopted this 17th day of July. 2001. 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: B. Chapter 75 - Traffic Schedule I. Speed Limits-City Maintained Streets-Stevens Road. Engineering Director Loyd advised by memorandum that at the Transportation Committee meeting on June 14, 2001, a petition was presented by the residents to have speed humps installed along Stevens Road. The Engineering Report recommended against installation because the 85th percentile is equal to the posted speed limit of 35 mph. After considering staff findings and the comments of those present, the Transportation Committee voted to reduce the speed limit to 25 mph, to request a greater police presence, and to monitor vehicular speed again in six months to determine if the humps are warranted. Staff recommended that Council approve an Ordinance to reduce the speed limit on Stevens Road from 35 mph to 25 mph. Council Member Kilgore moved to adopt Ordinance 0-2001-29 to reduce the speed limit on Stevens Road from 35 mph to 25 mph: 77 e e e e e AN ORDINANCE TO AMEND TITLE VII, CHAPTER 75 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-29 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 - Traffic Schedules, of the City of Monroe Code of Ordinances be amended as follows: Schedule I: (B) Speed Limits - City Maintained Streets STREET DESCRIPTION SPEED LIMIT Stevens Road Entire Length 25 MPH Adopted this 17th day of July, 2001. 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: C. Chauter 76 - Parkine: Schedule I. Parkin!!: Prohibited at All Times. Engineering Director Loyd advised by memorandum that the Engineering Department received two requests that parking be restricted on both sides of Faulk Street from Sunset Drive to end of maintenance and on both sides of Bovender Drive from Bonanza Road to US Highway 74. Staff agreed that there are safety concerns with motorists parking along the identified roadways and staff recommended approval of an Ordinance. Council Member Kilgore moved to adopt Ordinance 0-2001-30 to prohibit parking on both sides of Faulk Street from Sunset Drive to end of maintenance and on both sides of Bovender Drive from Bonanza Road to US Highway 74: AN ORDINANCE TO AMEND TITLE VII, CHAPTER 76 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-30 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 SIDE FROM TO Faulk Street Both Sunset Drive End of Maintenance Bovender Drive Both Bonanza Road US Highway 74 Adopted this 17th day of July, 2001. 78 · e e e e 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 8. Approval of Block Grant Aereement with the NC Department of Transportation to Expand Apron at the Monroe Municipal Airport. Engineering Director Loyd advised by memorandum that the Block Grant Agreement is to "expand the apron" at the Monroe Municipal Airport and was secured with the assistance of Representative Robin Hayes. The project is officially described by the City of Monroe as the 2001 Airport Improvement Project. Airfield improvements planned as part of this project include: (1) Expansion of the general aviation apron in the vicinity of the new tenninal for the construction of a maintenance hanger; (2) Construction of an automobile parking lot; (3) Vehicular access road; (4) The relocation of approximately 3,500 feet of existing taxiway from 200 feet to 300 feet from the runway centerline and the completion of the parallel taxiway to Runway 23. The project requires a 10 percent match ($222,222) from the City of Monroe, which will provide for a total project funding of $2,222,222. The City Council approved the funding previously under Budget Ordinance BO-2001-01 on February 6, 2001. The Engineering Department recommended adoption of Resolution R-2001-38 to approve the Block Grant Agreement to expand the apron at the Monroe Municipal Airport. Council Member Kilgore moved to adopt Resolution R-2001-38 to approve the Block Grant Agreement to expand the apron at the Monroe Municipal Airport: RESOLUTION TO APPROVE BLOCK GRANT AGREEMENT EXPAND APRON, 2001 AIRPORT IMPROVEMENT PROJECT R-2001-38 WHEREAS, A Grant in the amount of $2,000,000 has been approved by the Department based on total estimated cost of $2,222,222; and WHEREAS, an amount equal to or greater than ten percent (10%) of the total estimated project cost has been appropriated by the Sponsor for this Project. NOW THEREFORE, BE AND IT IS RESOLVED THAT the Mayor of the Sponsor be and she hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. Adopted this 17th day of Julv, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: 79 e e e e AYES: Council Members Hargett, Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item 9. Summary of Contracts Awarded Pursuant to 0-2001-17 and Chanee Orders Executed Pursuant to R-2000-76. City Manager Spell infonned City Council by memorandum of the award of contracts pursuant to Ordinance 0-2001-17 and change orders adopted pursuant to R-2000-76: Date Name Purpose Amount 6-28-01 Wachovia Corporate Agreement to provide all present Proforma . . for vanous pncmg Services, Inc. operational services to the City of services Monroe for an additional three (3) year period, to expire June 30, 2004 6-27-01 HTE Contract Upgrading Work Order application, Contract 1 - $6,495 contract management and web enabling Contract 2 - $27,390 software for Building Permits and Utility accounts 7-2-01 KAM Electric Electrical contract for Construction $1,900* Division Crew Building for Water Resources Department 7-2-01 Love Plumbing & Mechanical Contract for Construction $3,237* Air Conditioning Co., Division Crew Building for Water Inc. Resources Department 7-10-01 MilerTronics Maintenance Agreement for Localizer, $5,000 Glide Slope, Remote Communications outlet at Monroe Airport * Approved by Department Director Date Name Purpose Amount 6-8-01 Hall Contracting Change Order for Sedimentation $10,783.90 Corporation Basin, Focculators and Miscellaneous Items 6~12-01 W. G. Holden Change Order for Interior $3,028.00 Construction Co. Renovations - City Hall - Five telephone/data stub-ups, closet, box in pipe, repair broken valve 6-21-01 Concord Builders Change Order for Gold Mine Road $7,876.48 Booster Pumping Station - Required by numerous unforeseen field conditions that needed attention Summary of contracts and change orders was received as infonnation of Council only and no action was required. e Item No. 10. Adoution of Travel Policv for City of Monroe. This item was moved to the Regular Agenda as Item No. 12 per request of Council Member Kilgore. 80 e e e e e Item No. 11. Call for Public Hearine to be Held Aueust 7. 2001. A. City of Monroe Standard Specifications and Detail Manual. Council Member Kilgore moved to call for a public hearing to be held on August 7, 2001 at 6:30 p.m. to discuss the proposed City of Monroe Standard Specifications and Detail Manual, and receive citizen's input. 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: B. Proiect # 01-130-00011- Zonine Map Chanee Reauest - G-I (General Industrial) to B-3 (Hiehwav Business) and B-5 (Medical Facilitv) - 402 S. Sutherland Ave. - Approximatelv 4.05 acres - on the S.W. Corner of Roosevelt Blvd. and S. Sutherland Ave. - City of Monroe - Tax ID# 09-191-006. Council Member Kilgore moved to call for a public hearing to be held on August 7, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Co Proiect # 01-120-00018 - Subdivision Text Chanee - Delete Sections of the Subdivision Ordinance that are to be Included in the Desien and Specifications Manual. Council Member Kilgore moved to call for a public hearing to be held on August 7, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: REGULAR AGENDA Item No. 12. Adoption of Travel Policv for City of Monroe. Council Member Kilgore moved to table this item. 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: Item No. 13. Public Hearines. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. 81 e e e e e A. Project # 01-120-00016 - Rental of Dwellin!! and Dwellin!! Units - Chapter 117 - To Amend the Ordinance to Reflect Movin£! the Code Enforcement Division from the Department of Plannin£! and Development to the BuiIdin£! Standards Department - City of Monroe. Mayor Davis opened this duly advertised public hearing; continued from the June 19, 2001 Council Meeting. Bob Harvell, Director of Building Standards, addressed Council with background infonnation pertaining to the Ordinance to change the text of Title XI, Chapter 117 of the City of Monroe Code of Ordinances. The Ordinance addresses dwelling and rental dwelling units and reflects that all references to the Department of Planning and Development be changed to the Building Standards Department. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. B. Proiect # 01-120-00013 - Zonin£! Text Amendment - Addition of ReQuirement to Obtain a Zonin!! Permit for anv Development Activity or Use of Land (Section 156.180(C))- City of Monroe. Mayor Davis opened this duly advertised public hearing. Wayne Herron, Planning Services Manager, briefed Council regarding the fact that the current Zoning Ordinance requires a zoning pennit be obtained for any structure or building that is erected, moved, altered, or expanded. Mr. Herron added that the current Ordinance does not require a zoning pennit for a change of use or the establishment of a new use when there is no building or structural work involved. The proposed text addresses this issue by stating that any development or use of land shall obtain a zoning pennit. The proposed text would further allow staff to insure that all uses are legal in the locations that they are established within the City's planning jurisdiction. He advised that the Land Development Committee and the Planning Board have reviewed the proposed text amendment and have recommended approval. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. C. Project # 01-120-00014 - ZOniDl! Text Amendment - Additions to Temporary Use ReQuirements - Temporary Use to be a Maximum of 60 Days Two Times Per Year (Section 156.06UA)) - City of Monroe. Mayor Davis opened this duly advertised public hearing. Wayne Herron, Planning Services Manager, infonned Council that temporary uses and structures are currently allowed upon the issuance of a Temporary Use Permit. The City's policy has been to limit temporary uses to a period of 30 days, which coincides with the 30-day requirement for temporary signs. Mr. Herron further advised that there have been several requests made for Temporary Use Pennits that exceed 30 days. Staff received multiple complaints from the business community regarding several temporary uses, with the primary complaints being the fairness of allowing such temporary uses when other businesses have provided required parking and met watershed requirements and building codes. The Land Development Committee requested staff to prepare an Ordinance that allowed temporary uses for up to 60 days and no more than two times per year at any particular location. The Land Development Committee also requested staffto research the possibility of having a period of separation between the two events that would be allowed during a year. After research of other Ordinances from across the country, 82 e e e e e staff proposed a 30-day period of separation between temporary pennits. The Planning Board and staff recommended this Ordinance be approved as submitted. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. D. Proiect # Ol~lOO-OOOlO - Conditional Use Permit - Addition of One Modular Classroom to East Elementarv Site - 515 Elizabeth Avenue - Union County Public Schools. Mayor Davis opened this duly advertised quasi-judicial public hearing and swore in the following individuals who planned to give testimony: Wayne Herron, David Fencl, and Ed Sweeney. Wayne Herron, Planning Services Manager, advised Council that the Conditional Use Pennit request is for the addition of one 864-square foot modular classroom to East Elementary School and to enlarge and make improvements to an existing parking lot on the site. The petitioner is Union County Public Schools and the site is located on 515 Elizabeth Avenue, which is approximately a 10.665-acre site, zoned R-lO. David Fencl, Senior Planner, illustrated on a map the location of the proposed modular classroom. The proposed modular classroom will meet setback requirements, and no other site improvements or modifications were proposed. Several nonconfonning situations have been noted by staff and were provided as infonnation to Council. Mr. Herron noted a change in reference to parking that required 87 parking spaces, and stated that 96 spaces are being provided, which would meet the parking requirement as stated on the site plan provided for the Conditional Use Pennit. Staff recommended approval of the Conditional Use Pennit with two conditions. First, the development ofthe tract shall proceed in confonnity with all development plans and design features submitted as part of the Conditional Use Pennit Application and kept on file by the City of Monroe Department of Planning. Second, Union County Public Schools shall comply with all zoning regulations for the new modular classroom and parking lot as specified in Chapter 156 of the Monroe Code of Ordinances. The Planning Board recommended approval of this request on July 11, 2001, with the conditions noted on the Planning Action Summary Sheet that was distributed as infonnation to Council. Ed Sweeney, Director of Maintenance for Union County Public Schools, infonned Council that East Elementary School has increased enrollment from last year by 24 students and an additional classroom is needed to adequately serve these children. Mayor Davis asked the following questions of Mr. Sweeney in keeping with the required finding of fact: Mayor Davis: Is it your opinion that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan? It will not. Mr. Sweeney: Mayor Davis: Mr. Sweeney: Is it your opinion that the use meets all required conditions and specifications? Yes. Mayor Davis: Is it your opinion that the use will not substantially injure the value of adjoining or abutting property? Mr. Sweeney: Yes. 83 Mayor Davis: e Mr. Sweeney: Mayor Davis: Mr. Sweeney: Mayor Davis: e Mr. Sweeney: Mayor Davis: Mr. Sweeney: e e e Is it your opinion that 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? Yes. Is it your opmlOn that the proposed use will be compatible with the neighborhood in which it is to be located with respect to the location of the structures and the location and design of parking and service areas? Yes. Is it your opinion that the streets and driveways as proposed provide adequate circulation for onsite and offsite vehicular and pedestrian movement consistent with the safety of the students and staff? Yes. Is it your opinion that 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? Yes. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. Item No. 14. Action from Public Hearin!!s. A. Ordinance ~ Project # 01-120-00016 - Rental of Dwellin!! and Dwellin!! Units - Chapter 117 - To Reflect Movin!! the Code Enforcement Division from the Department of Plannine and Development to the Buildine Standards Department - City of Monroe (Continued from June 19. 2001 Council Meetine). Council Member Hargett moved to adopt Ordinance 0-2001-26: AN ORDINANCE TO AMEND TITLE VXI, CHAPTER 117 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-26 Preamble Pursuant to the authority conferred by G.S. § 160A-174 and G.S. § 160A-I94 as amended and for the purpose of regulating acts, omissions or conditions detrimental to the health, safety or welfare of its citizens and the peace and dignity of the city and for the purpose of regulating and licensing occupations, businesses, trade and professions, and prohibiting those that may be inimical to the public health, welfare, and safety, order or convemence, BE IT ORDAINED BY THE MONROE CITY COUNCIL THAT TITLE XI OF THE CITY OF MONROE CODE OF ORDINANCES IS HEREBY REWRITTEN TO READ AS FOLLOWS: Section 1. TEXT AMENDMENT AMEND Title XI, Chapter 117, of the Monroe City Code to change all reference of "Department of Planning and Development" to "Building Standards Department." 84 e e e e e Section 2. This Ordinance shall become effective immediately July 1 2001, provisional upon the City Council approval of the creation of the Building Standards Department. Adopted this the 17th day of July, 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: B. Ordinance - Proiect # 01-120-00013 - Addition of Requirement to Obtain a Zonine Permit for any Development Activity or Use of Land (Section 156.180(C)) - City of Monroe. Mayor Pro Tern Bazemore moved to adopt Ordinance 0-2001-21: AN ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-21 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. REPLACE SectionI56.180(C): ZONING PERMIT as follows: (C) No person shall undertake any development activity or use of land that is subject to this Ordinance without obtaining a valid zoning permit. No building, sign or other structure shall be erected, moved, extended, enlarged or structurally altered; nor shall there be a change in principal use; nor shall any excavation or filling of any lot for the construction of any building be started until a zoning pennit has been issued in accordance with the procedures established by the Department of Planning and Development. (1) Expiration a/zoning pennit. Any zoning pennit shall become invalid unless the work authorized by it shall have been substantially begun within a period of six months of the date of issue of the pennit. Once a zoning permit has expired, construction work on the lot(s) in question cannot proceed until a new zoning permit has been issued. (2) Records. The Zoning Officer shall maintain a record of all zoning pennits on file at his/her office, and copies shall be made available on request to interested parties. 85 e e e e e (3) Conditions for approval. Zoning permits issued on the basis of dimensional plans approved by the Zoning Officer authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, and construction that differ from the authorized shall be deemed a violation and is punishable as indicated under § 156.999 (Ord. passed 11-17-87) Penalty, see § 156.999 Section 3. This ordinance shall become effective on the date of its adoption. Adopted 17Ù1 day of July, 2001. 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: c. Ordinance - Proiect # 01-120-00014 - Additions to Temporarv Use Requirements - Temporarv Use to be a Maximum of 60 Davs Two Times Per Year (Section 156.062(A)) - City of Monroe. Council Member Smith moved to adopt Ordinance 0-2001-22: AN ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-22 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. REPLACE Section 156.062(A): TEMPORARY STRUCTURES AND USES as follows: (A) Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the city shall be allowed for a period of less than sixty (60) days and held no more than two (2) times per year at any particular location and provided that a period of at least thirty (30) days shall intervene between the termination of one (1) period and the issuance of another permit for the same location. Festivals, parades, live entertainment and other 86 e e e e e community events in the Municipal Service District may be permitted more than two (2) times per year. Section 3. This ordinance shall become effective on the date of its adoption. Adopted 17th day of July, 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: D. Proposed Conditional Use Permit - Project # 01-100-00010 - Addition of One Modular Classroom to East Elementary Site - 515 Elizabeth Avenue - Union County Public Schools. Council Member Kilgore moved BE IT ORDAINED that the Conditional Use Pennit be adopted with the modification to the expansion of parking area for East Elementary School: CONDITIONAL USE PERMIT On the date(s) listed below, the City Council of the City of Monroe met and held a public hearing to consider the following application: Record Owner(s): Union County Board of Education Property Location: 515 Elizabeth Avenue (East Elementary School) Tax Map & Parcel #'s: Deed Reference: 09-195-138 Acreage: 10.655 acres BOOK 245 , PAGE 767 BOOK 110 ,PAGE 541 BOOK 253 ,PAGE 142 Type and Intensity of Use: existing parkin!:!: area. Addition of one modular classroom and expansion and improvements to an Meeting Date: Julv 17.2001 Approval Date: July 17.2001 SECTION 1. FINDINGS: Having heard all of the evidence and arguments presented at the hearing, the City Council, at its regular meeting, finds and determines that the application is complete and, considering compliance with the conditions imposed below, the following findings are made: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan; and 2. The use meets all required conditions and specifications; and 3. The use will not substantially injure the value of adjoining or abutting property; and 87 e e e e e 4. 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 of the tract shall proceed in conformity to all plans and design features submitted as part of the conditional use permit application and kept on file by the City of Monroe Department of Planning and Development except that the City of Monroe Zoning Administrator may approve minor changes to such plans as required by field conditions as defined in Section 156.185 (D) (2); and 2. The petitioner shall comply with all zoning and regulations as specified in Section 156 of the City of Monroe Code of Ordinances before a Certificate of Occupancy can be obtained. SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with the type and intensity of use as herein described and as shown on the approved site plan. Development of the property, however, shall be subject to any and all future amendments to Chapters 155 and 156 of the Monroe Code of Ordinances which do not effect type and intensity of use (e.g. landscaping, design standards, screening, etc) as herein approved. 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 September 17, 2001. 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. Other Business. A. Appointment - Board of Adjustment. Mayor Pro Tern Bazemore moved to appoint Sharon Poston, 512 Evergreen Place, to the Board of Adjustment to complete the tenn for Kimberly Mobley, who has resigned. Council Member Hargett seconded the motion, which passed unanimously with the following votes: 88 e . e e e AYES: Council Members Hargett, Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Summer Intern. Council Member Jordan requested that City Manager Spell recognize Jamie Dineen, a student at Wingate University who has been working as an intern with the City of Monroe. City Manager Spell advised that her primary focus throughout the summer has been working with Parks and Recreation to plan the Hispanic Day Camp in August and to detemline ways that the City can work with the Hispanic community to obtain infonnation. Staff plans to broaden her focus to work with several departments to review and develop business contacts. There being no further business, Council Member Kilgore moved to adjourn. 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: The Regular City Council Meeting of July 17,2001 adjourned at 6:50 p.m. ,"", '~ ' .',~,,~-_.-=--:~.. ,,-,~ - - " ~Æf~ Ju y L. Davis, Mayor '~ -- --. ..~-> Attest: ~'n1~ Jeanne M. Deese, Ity Clerk Minutes prepared and transcribed by Donna Helms, Office Administration Contractor 07-17-01 89