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09/18/2001 e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 September 18, 2001 - 6:30 p.m. AGENDA 1. Special Resolutions A. Condemning Terrorist Actions and To Support the President of the United States B. To Honor Retiring Employee - James C. Pope, Water Resources Maintenance Superintendent e CONSENT AGENDA e e e 2. Minutes of Regular City Council Meeting of September 4,2001 Minutes of Planning Board Meeting of September 5,2001 (Draft) Minutes of Historic District Commission Meeting of August 13,2001 Minutes of Land Development Committee Meeting, July 26,2001 Minutes of Public Safety Committee Meeting of August 29,2001 3. Budget Amendments A. Purchase of Used Elgin Street Sweeper B. Union County Public Library/Stonn Drain Materials C. Local Law Enforcement Block Grant 4. Customer Service Policy A. Credit/Debt Card Payments B. Proof ofIdentification (Moved to Regular Agenda as Item No.9) 5. Call for Public Hearing to be Held October 2, 2001 A. Project # 02-130-00002 - Zoning Map Change Request - G-I (General Industrial) to B-4 (General Business) - 113 Winchester Avenue - 0.22 acres - Ross Montgomery - Tax Parcel # 09-229-018 B. Project # 02-130-00003 - Zoning Map Change Request - B-3 (Highway Business), R-8 (High Density Residential) and R-P1 (Planned Multi-Family Residential) to B-3-SU (Highway Business Special Use) - Comer of LaSalle Street and West Roosevelt Boulevard - 1.465 acres - Henry B. Smith, Jr. on behalf of the Monroe Eight - Tax Parcel # 09-189-209 C. Project # 02-110-00002 - Special Use Pennit Request - Request to construct a 5000 square foot commercial building - Comer of LaSalle Street and West Roosevelt Boulevard - 1.465 acres - Monroe Eight - Tax Parcel # 09~ 189-209 D. Project # 01-130-00010 - Zoning Map Change Request - R-40 (Low Density Single- Family Residential) to R-20-SU (Low/Moderate Density Residential Special Use)- Secrest Shortcut Road - 48.49 acres - Walt Perry Realty, Inc. on behalf of Robert M. 33 e e e . e Powell, Arthur K. Cates, lW. Burchfield, and Tommy L. Broome - Tax Parcel #'s 09- 256-165 and 09-265-167 E. Project # 01-110-00006 - Special Use Permit Request - Request to develop a 70-10t residential cluster subdivision - Secrest Shortcut Road - 48.49 acres - Walt Perry Realty, Inc. on behalf of Robert M. Powell, Arthur K. Cates, J.W. Burchfield, and Tommy L. Broome - Tax Parcel #'s 09-256-165 and 09-256-167 F. Project # 02-110-00001 - Special Use Permit Request - Request to develop a 19.38 acre business park (Morgan Mills Business Park) consisting oftwo (2) multi-tenant office/retail buildings totaling 50,400 square feet and office/warehouse buildings totaling approximately 94,500 square feet on Morgan Mill Road south of Bearskin Creek - Craft Builders, Inc. - Tax Parcel # 09-185-004 G. Resolution- Level V Economic Development Grant - Confidential Company 6. Resolution to Call for Public Hearing to be Held October 16,2001 to Consider Closing an Unopened Street off Icemorlee Street 7. Ordinance to Repeal Chapter 116, Massage/Bodywork Therapists 8. Summary of Contracts Awarded Pursuant to 0-2001-17 and Change Orders Executed Pursuant to R-2000-76 REGULAR AGENDA 9. Customer Service Policy - Proof of Identification 10. Public Hearing - (Continued from September 4, 2001) - Project # 01-100-00012-· Conditional Use Permit Request - Child Day Treatment Center - 410 John Street - 6,969 Square Feet - Agape Youth & Family (William Massey) - Tax 10# 09-228-136 11. Request for Fee Waiver, 1. C. Tyson Construction, Nottingham Apartments 12. Action from Public Hearing - Proposed Conditional Use Permit - Project # 01-100-00012- Child Day Treatment Center - 410 John Street - 6,969 Square Feet - Agape Youth & Family (William Massey) - Tax ID# 09-228-136 13. Designation of Voting Delegate for 2001 North Carolina League of Municipalities Annual Business Meeting 14. Parking Area Concern 15. Closed Session - Property Acquisition 09-18-01 34 e e e e . CITY OF MONROE CITY COUNCIL MEETING SEPTEMBER 18, 2001 - 6:30 p.m. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hal1 Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on September 18, 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, and City Clerk Jeanne M. Deese. Absent: City Attorney John Milliken Visitors: Mark Donham, Sonia Vizcaino, Marc Haney, Randy Griffin, William Massey, BilI Reule, Sf., Billie Billingsley, John D. BilIingsley, Larry Pope, Steven Morton, Ann Morton, Wayne Herron, Jim Loyd, David Fencl, La Vondra Edwards, Jess Perry, Don Hawkins, Ron Parker, B. H. Mullis, Ron Fowler, Vicki Pope, Chanda Thomas, Steve McCorkle, Cathey Geo, Rich Haslett, Holly Haslett, and others. Mayor Davis called the Regular City Council Meeting of September 18, 2001 to order at 6:30 p.m. A quorum was present. Item No. 1. Special Resolutions. A. Condemnine Terrorist Actions and To Support the President of the United States. Mayor Davis opened the meeting with prayer. Mayor Pro Tern Bazemore moved to adopt Resolution R-2001-47 condemning the terrorist actions that occurred on September 11,2001 and expressing support for the President of the United States: RESOLUTION CONDEMNING TERRORISTS ACTIONS AND SUPPORT FOR THE PRESIDENT OF THE UNITED STATES R-2001-47 WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists; and WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, DC; and 35 e e e e e WHEREAS, thousands of innocent Americans were killed or injured as a result of these attacks, including the passengers and crew of the four aircraft, workers in the World Trade Center and in the Pentagon, police and fire personnel, rescue workers, and bystanders; and WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve; and WHEREAS, even these horrific events have affected all Americans, it is important that we carryon with the regular activities of our lives. Terrorism cannot be allowed to break the spirit of the American people, and the best way to show the perpetrators of these evil acts that they have truly failed is for the people of the United States and their municipalities to stand tall and proud. NOW, THEREFORE, BE IT RESOLVED THAT 1. The City Council of the City of Monroe, North Carolina condemns the cowardly and deadly actions of these terrorists; and 2. The City Council of the City of Monroe, North Carolina supports the President of the United States, as he works with his national security team to defend against additional attacks, and find the perpetrators and bring them to justice; and 3. The City Council of the City of Monroe, North Carolina salutes the uncommon valor of the police and fire personnel of the City of New York in the manner in which they responded to this unbelievable disaster. 4. The City Council of the City of Monroe, North Carolina recommends to its citizens that they support relief efforts by giving blood at the nearest available blood donation center. Adopted this the 18th day of September, 2001. Council Members Hargett, Jordan, Keziah, Kilgore, and 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: Mayor Pro Tern Bazemore requested that staff research and identify a system or relief fund for the New York City Fire and Police Departments whereby the City could provide assistance to their city government during this time of tragic loss of life and property. Mayor Pro Tern Bazemore asked staff to return a report to Council so that consideration could be made regarding how the City of Monroe could assist another local government as part of this disaster. Mayor Davis referred this request to City Manager Spell. B. To Honor Retirin2; Emplovee - James C. Pope. Water Resources Maintenance Superintendent. Water Resour¡;;es Director Colbath announced that James Pope, Water Resources Maintenance Superintendent, retired September 1, 2001. Mayor Davis presented and read a Resolution in honor of Mr. Pope on the occasion of his retirement. 36 . e e e Council Member Kilgore moved to adopt Resolution R-2001-40: RESOLUTION OF THE MONROE CITY COUNCIL HONORING JAMES CALVIN POPE ON THE OCCASION OF HIS RETIREMENT R-2001-40 WHEREAS, on the occasion of his retirement on August 31, 2001, it is fitting and proper for the City Council to express its sincere appreciation to James Calvin Pope for his loyal and dedicated service in the Water Resources Department for 28 years; and WHEREAS, James Calvin Pope first joined the City of Monroe as a Water System Maintenance Worker on January 10, 1973, and through hard work and dedication advanced to the position of Water Resources Maintenance Superintendent; and WHEREAS, for 28 years James Calvin Pope has been an exemplary employee of the City of Monroe, working for the bettennent of the City, and has been an outstanding exan1ple of the caliber of employee necessary to serve Monroe's citizens; and WHEREAS, James Calvin Pope's professionalism, tireless work effort, and devotion to duty has created a "can do" attitude within the Water Resources Maintenance Division; and WHEREAS, the City of Monroe is most grateful for the professional and personal contributions James Calvin Pope has given to all departments within the City; and WHEREAS, the City Council of the City of Monroe wishes to acknowledge and express its appreciation to him for his years of dedicated and distinguished service to the citizens of Monroe as Water Resources Maintenance Superintendent, noting that James Calvin Pope will be missed both professionally and as a friend. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council publicly express their sincere appreciation for his outstanding perfonnance of duty to the City of Monroe over the past 28 years, and extend very best wishes for a long and happy retirement. BE IT FURTHER RESOLVED that this Resolution be entered upon the pet111anent Minutes of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 18th day of September, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 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 37 e e e e e discussion. Council Member Jordan requested that Item 4. B. be removed from the Consent Agenda to the Regular Agenda for discussion. 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, with the exception of Item 4. B. Item No.2. Minutes of Ree:ular City Council Meetin2; of September 4, 2001. Council Member Kilgore moved to approve the Minutes of the Regular City Council Meeting of September 4, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Planning Board Meeting of September 5, 2001 (Draft), Minutes of the Historic District Commission Meeting of August 13, 2001, Minutes of the Land Development Committee Meeting of July 26, 2001, and Minutes of the Public Safety Committee Meeting of August 29, 2001 were received as information of Council. Item No.3. Budl!et Amendments. A. Purchase of Used Ell!in Street Sweeper. Engineering Director Loyd advised by memorandum that the Street Division assumed responsibility for street sweeping on July 1, 2001 from the Parks and Recreation Department in exchange for their assuming ground maintenance of the cemeteries. As part of developing a comprehensive street-sweeping program, the goal has been to operate two street sweepers on a full time basis. Progress has been delayed due to the poor maintenance record for both the existing 1995 Elgin Sweeper and the 1989 Johnson Sweeper (which was previously used as the spare). Public Works Equipment and Supply, Inc. has just recently overhauled and repaired the Elgin Sweeper to enhance its operation. The cost for this repair work was $2,857. An additional $5,000 has been estimated to replace the bearings and possibly the propeller, located on the back engine, which creates the suction power for the unit. Once this work is complete, the Elgin should be in "top notch" working order. Staff still has a problem finding parts for the repair of the Johnson Sweeper. Estimated cost for the repair work to the Johnson Sweeper is also approximately $10,000. Compounding the problem with keeping the Johnson Sweeper operational is that the authorized dealership for the sweeper has recently changed hands. The new dealership will not be in a position to provide parts until later this year. Effective August 2, 2001, House Bill 1169 gave authority to municipalities through N. C. General Statute 143.129 to buy used equipment without bidding, regardless of price. The cost for a new street sweeper is approximately $150,000. Staff recommended that City Council approve the purchase of the 1995 Elgin Whirlwind LE from Public Works Equipment and Supply, Inc. in the amount of $50,000 to replace the existing 1989 Johnson Sweeper. It was requested that $25,000 be appropriated from the General Fund balance and $25,000 from the General Fund balance Powell Bill Reserve Funds. The full 38 e e e e . amount was not requested from the Powell Bill Reserve funds since the sweeper would be used at times on State roadways. Powell Bill Reserve funds cannot be used for maintenance of State roadways. It was also requested that an additional $10,000 be appropriated to cover the costs to repair the existing Elgin Sweeper. Only nonnal, not extensive repairs, were planned for during the budget preparation for fiscal year 2001-2002. Council Member Kilgore moved to approve Budget Amendment BA-2001-13: BUDGET AMENDMENT BA- 2001-13 1. Amendment necessary to designate and appropriate funds for the purchase of a 1995 Elgin Whirlwind LE and maintenance of the existing Elgin Street Sweeper. General Fund: Revenues: Appropriation of Fund Balance - Unreserved $35,000 Powell Bill Reserve $25,000 Expenditures: Transportation $60,000 Adopted this 18th day of September, 2001. Council Member Smith seconded the motion, which passed unanimously with the fol1owing votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Union County Public Ubrary/Storm Drain Materials. Engineering Director Loyd advised by memorandum that a budget amendment should be considered for the material costs of stonn drainage improvements to be provided by the City of Monroe Street Division forces in conjunction with the proposed public library improvements. Staff recommended that City Council appropriate $13,400 from the General Fund balance for the material costs of the stonn drainage relocation and to continue the Windsor Street cross drain across the library property. The costs for manpower and equipment were provided for in the current operating budget. Council Member Kilgore moved to approve Budget Amendment BA-2001-14: BUDGET AMENDMENT BA-2001-14 1. Amendment necessary to designate and appropriate funds for the material costs of the stonn drainage improvements at the Union County Public Library: General Fund: 39 e e e e e Revenues: Appropriation of Fund Balance $13,400 Expenditures: Transportation $13,400 Adopted this 18th day of September, 2001. Council Member Smith seconded the motion, which passed unanimously with the fol1owing votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Local Law Enforcement Block Grant. Police Chief Haulk reported by memorandum that the Police Department has been awarded a grant from the U.S. Department of Justice/Bureau of Justice Assistance. The grant is for equipment for the Police Department. Some examples of the equipment to be purchased are in-car video cameras, laptop computers, and two-way radios. The amount awarded from the Federal Government is $47,029. The City of Monroe's match would be 10 percent, or $5,225. Staff requested a Budget Amendment to transfer funds ftom the General Fund balance and appropriate the matching funds in the amount of $5,225. The total cost of the grant would be $52,254. Staff requested Council's authorization to accept this grant and to designate and appropriate the funds in a Budget Amendment. Council Member Kilgore moved to approve Budget Amendment BA-2001-15: BUDGET AMENDMENT BA-2001-15 1. Amendment necessary to designate and appropriate funds for a grant to purchase equipment from the U. S. Department of Justice/Bureau of Justice Assistance: General Fund: Revenues: Restricted Intergovernmental Appropriation of Fund Balance $47,029 5,225 Expenditures: Public Safety $52,254 Adopted this the 18th day of September. 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: 40 - e e e e Item No.4. Customer Service Policy. A. Credit/Debit Card Payments. Customer Service Manager Martin reported by memorandum that City staff has identified a need to add to the Customer Service Policy a definition to include credit/debit card as an additional alternate form of payment. This item was presented to the Customer Service Committee at its meeting on September 10, 2001. The Committee concurred with the changes recommended by staff. City staff recommended that the Customer Service Policy be amended as follows to add: CreditlDebit Card The City provides a convenient program to allow for a customer's utility bill to be charged to his/her credit/debit card. This relieves the customer from having the possibility of lost or late payments or the cost of an envelope and stamp. At the customer's option, the City will charge his/her credit/debit card for the amount of his bill. The customer still receives a copy of the bill for his review. By allowing the credit/debit card to be charged, a customer does not forego his right to contest a bill or to have a correction jor a billing error. The correction would be made in the form of a refund, a credit, or a charge to the account. If the credit/debit card charge is revoked for any reason, the same remedies the City has under Section 11 regarding returned checks shall apply. Council Member Kilgore moved to approve the amended Customer Service Policy pertaining to credit/debit card payments. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Proof of Identification. Moved to Regular Agenda as Item No.9. Item No.5. Call for Public Hearine to be Held October 2. 2001. A. Proiect # 02-130-00002 - Zonine MaD Chanee Request - G-I (General Industrial) to B-4 (General Business) -113 Winchester Avenue - 0.22 acres - Ross Monteomery - Tax Parcel # 09-229-018. Council Member Kilgore moved to call for a public hearing to be held October 2, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 41 e e e e e B. Proiect # 02-130-00003 - Zonine Map Chanee Request - B-3 (Hiehwav Business). R-8 (Hi2h Densitv Residential) and R-Pl (Planned' Multi-Familv Residential) to B-3-SU (Hi2hwav Business Special Use) - Corner of LaSalle Street and West Roosevelt Boulevard - 1.465 acres - Henrv B. Smith. Jr. on behalf of the Monroe Eieht - Tax Parcel # 09-189- 209. Council Member Kilgore moved to call for a public hearing to be held October 2, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Proiect # 02-110-00002 - Special Use Permit Request - Request to construct a 5000 square foot commercial buildine - Corner of LaSalle Street and West Roosevelt Boulevard - 1.465 acres - Monroe Eieht - Tax Parcel # 09-189-209. Council Member Kilgore moved to call for a public hearing to be held October 2,2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Proiect # 01-130-00010 - Zonine Map Chanee Request - R-40 (Low Densitv Sinele- Familv Residential) to R-20-SU (Low/Moderate Densitv Residential Special Use ) ~ Secrest Shortcut Road - 48.49 acres - Walt Perry Realtv. Inc. on behalf of Robert M. Powell. Arthur K Cates. J.W. Burchfield. and Tommv L. Broome - Tax Parcel #'s 09-256-165 and 09-265-167. Council Member Kilgore moved to call for a public hearing to be held October 2, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: E. Proiect # 01-110-00006 - Special Use Permit Request - Request to develop a 70-lot residential cluster subdivision - Secrest Shortcut Road - 48.49 acres - Walt Perry Realty. Inc. on behalf of Robert M. Powell. Arthur K. Cates. J.W. Burchfield. and Tommv L. Broome - Tax Parcel #'s 09-256-165 and 09-256-167. Council Member Kilgore moved to call for a public hearing to be held October 2, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 42 - - e - - F. Proiect # 02-110-00001 - Special Use Permit Request - Request to develop a 19.38 acre business park (Morean Mills Business Park) consistine: of two (2) multi-tenant office/retail buildine:s totaline: 50.400 square feet and office/warehouse buildines totaline approximatelv 94.500 square feet on More:an Mill Road south of Bearskin Creek - Craft Builders. Inc. ~ Tax Parcel # 09-185-004. Council Member Kilgore moved to call for a public hearing to be held October 2, 2001 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: G. Resolution to Call for Public Hearine - Level V Economic Development Grant - Confidential Company. Council Member Kilgore moved to adopt Resolution R-2001-48 to call for a public hearing to be held October 2,2001 at 6:30 p.m. to consider this request: RESOLUTION OF INTENTION TO ENTER INTO AN AGREEMENT TO PROVIDE ECONOMIC INCENTIVES AND TO CALL FOR A PUBLIC HEARING R-200l-48 THAT WHEREAS, the City of Monroe has adopted an Economic Development Grant Program to attract and retain new and existing industry for the purpose of creating jobs and investment to enhance the long-term economic well being of its Citizens; and, WHEREAS, a company has requested from the Monroe Business and Economic Development Commission (EDe) a Level V Grant and the EDC has recommended such request; and WHEREAS, the Company has provided information in a written request to the City Manager providing a description of the business, the jobs to be created, its investment level, and its utility needs, and WHEREAS, the City Council finds that the information submitted qualifies this company for consideration of a Level V Grant. NOW, THEREFORE, BE IT RESOLVED that a public hearing is called for at the regular City Council Meeting on October 2,2001, at 6:30 p.m. to consider the award of said Grant and the City Clerk is directed to publish notice of said hearing as required by law. Adopted this 18th day of September, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 43 e . e 1. e 2. 3. 4. e Item No.6. Resolution to call for Public Hearine to be Held October 16. 2001 to Consider Closine an Unopened Street off Icemorlee Street. Council Member Kilgore moved to adopt Resolution R-2001-45 to call for a public hearing to be held October 16, 2001 at 6:30 p.m. to consider this request: RESOLUTION OF INTENT TO CLOSE UNOPENED STREET ON THE SOUTH SIDE OF ICEMORLEE STREET R-2001-45 THAT WHEREAS, the City of Monroe proposes to permanently close an unopened street on the south side of Icemorlee Street between Engleside Street and Guild Street pursuant to Section 299 of Chapter 160A of the General Statutes of North Carolina. NOW, THEREFORE, BE IT RESOLVED that the Monroe City Council declares its intent to permanently close an unopened street bounded on the north by the southern right-of-way of Icemorlee Street, said right-of-way being 35' in width; bounded on the east side by Tax Parcel 09-270-044; on the south side by Tax Parcel 09-270-037; on the west side by Tax Parcel 09-270-043 described as follows: Beginning at an iron set in southern right-of-way line of Icemorlee Street (35' RlW), the northeastern comer of Homer B. & Mary H. Love property Deed Book 350 Page 696, said point being located S 78° 56' 43" E 358.61' from centerline of intersection of Icemorlee Street and Engleside Street and running thence with the southern right-of-way of lcemorlee Street S 81 ° IT 46" E 43.79' to an iron found, said iron being the northwest comer of Homer B. & Mary H. Love property Deed Book 413 Page 457; thence with his line S 08° 45' 00" W 180.00' to an axle found, said axle being the southwestern comer of Homer B. & Mary H. Love property Deed Book 413 Page 457, also being in the property line of the City of Monroe, Record Book 658 Page 136; thence with the City of Monroe property line N 8ID IT 46" W 43.79' to an axle found, said axle being the southeastern comer of Homer B. & Mary H. Love property Deed Book 350 Page 696; thence with his line N 08° 45' 00" E 180.00' to the point and place of Begil111ing containing 7,883 square feet (0.18 acre) as surveyed By Walter L. Gordon NCPLS #1372, Dated: June 8, 2001 and revised September 3, 2001. The City Council orders that a public hearing be called on the question at 6:30 p.m., Tuesday, October 16, 2001. The City Clerk is hereby directed: To publish a copy of this resolution in a newspaper authorized to publish legal ads in the City of Monroe as required by statute. To send a copy of this resolution by certified or registered mail to all owners of the property adjoining the street as shown on the tax records. To cause a notice of the closing and public hearing to be prominently posted in at least two places along said street. To mail a copy of this resolution to the Department of Transportation if said street is under the authority and control of the Department of Transportation. Adopted this 18th day of September, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: 44 e e e . e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.7. Ordinance to Repeal Chapter 116. Massaee/Bodywork Therapists. City Attorney Milliken advised by memorandum that the State of North Carolina now has a statute (Article 36 of Chapter 90 of the General Statutes) that requires a State license for the practice of massage and bodywork therapy. When the City's Ordinance was adopted, there was no state statute. Staff recommended Council repeal the City Ordinance since the purpose of the Ordinance was to regulate an otherwise unregulated activity. The loss in revenue would be minimal. Council Member Kilgore moved to adopt Ordinance 0-2001-11: AN ORDINANCE TO REPEAL CHAPTER 116: MASSAGE/BODYWORK THERAPISTS OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT CHAPTER 116: MASSAGE/BODY WORK THERAPISTS, OF THE CITY OF MONROE CODE OF ORDINANCES BE REPEALED. This ordinance shall become effective upon adoption. ADOPTED this 18th day of September, 2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.8. Summary of Contracts Awarded Pursuant to 0-2001-17 and Chanl!e Orders Executed Pursuant to R-2000-76. City Manager Spell informed City Council by memorandum of the award of contracts pursuant to Ordinance 0-2001-17: Date Name Purpose Amount 8-28-01 NES Group, Inc. Engineering Design Services for East Correll St. $1,020 Est. Parking Lot, Finalizing the Final Layout and Setting Elevations 8-31-01 Tenninix Service, Inc Tenninix Service for Two City Properties $1,125* 9-04-01 Melrose South Fireworks Display for $5,000* Pyrotechnics, Inc. July 4, 2002 Celebration 9-06-01 The Moser Group, Inc. Limited Appraisal- 3.4 Acres Teledyne Road $1,500* 9-11-01 Jones Grading & Demolition of Nesbit Building at Monroe Airport 26,500.00 Fencing Inc. * Approved by Department Director 45 e e e e . No Change Orders have been approved recently under authority of R-2000-76. SlUllmary of contracts and change orders was received as infonnation of Council only and no action was required. REGULAR AGENDA Item No.9. Proof of Identification. Customer Service Manager Martin advised by memorandlUll that City staff has identified a need to modify the current guidelines in the Customer Service Policy defining proof of identification for utility service applicants. Applicants may be required to furnish current North Carolina Driver's License or North Carolina Identification Card as proof of identification when applying for utility service. This item was presented to the Customer Service Committee at its meeting on September 10, 2001. The Committee concurred with the changes recommended by staff. Staff recommended that Section 4.a. of the Customer Service Policy be amended as follows: a. Anyone desiring utility services with the City must make application to the City for desired services and provide two forms of identification. The City, as a part of the application process, may require that the applicant provide a North Carolina Identification Card or a current North Carolina Driver's License. In addition, the applicant may be required to provide a Social Security card, tax ident!fìcation number, Resident Alien card, insurance card, Medicare card or computer generated paystub from their employer. Applications may also be accepted by telephone or facsimile in a fonnat detennined by the City. Council Member Jordan advised that he requested this item be moved to the Regular Agenda for discussion because he could not support it. Council Member Kilgore moved to approve the reVlSlon to the Customer Service Policy pertaining to proof of identification for utility service applicants. Mayor Pro Tern Bazemore seconded the motion, which passed with the following votes: AYES: Council Members Hargett, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis Council Member Jordan NAYS: Item No. 10. Public Hearin ! - Proiect # 01-100-00012 - Conditional Use Permit ReQuest- Child Day Treatment Center - 410 John Street - 6.969 Square Feet - Al!ape Youth & Family (William Massey) - Tax ID# 09-228-136. Mayor Davis opened this duly advertised quasi-judicial public hearing continued from the September 4, 2001 Council meeting. Mayor Davis reminded speakers that they were sti\1 under oath having been sworn in on September 4, 2001. Planning Director Herron advised Council that this request is for a Conditional Use Pennit for William Massey with the Agape Youth & Family. The request is to operate a child day treatment center for 10 children, and Mr. Massey has amended the application since the public hearing on September 4, 2001 to include the afterschool program, which was noted to be for 26 46 children. Both programs will operate at 410 John Street. A series of questions were provided to Mr. Massey on September 11,2001 requiring written response. Council was provided with Mr. e Massey's responses to the questions. Mr. Herron advised that staff has noted several issues with regard to the child day treatment facility and has additional concerns with the afterschool program for 26 children, which include traffic, congestion, and parking. The facility has five parking spaces, and staff has noted a series of questions regarding parking: (1) Will five spaces be adequate to serve the afterschool program? (2) Will there be a safe drop-off and pick-up situation for children? (3) Where will the employees be parking? (4) Will drop~offs or pick-ups be pennitted at the front door? Planning Director Herron noted that he posed these questions to Mr. Massey, and his responses would be made during his presentation to Council. e e e . Planning Director Herron recommended the following conditions if Council chooses to approve this request: (1) The development oj the tract shall proceed in conformity to all development plans and design features submitted as part of the Conditional Use Permit application and kept on file by the City of Monroe, Department of Planning and Development; (2) The petitioner shall comply with all zoning regulations as specified in Chapter 156 of the Monroe Code of Ordinances before a Certificate of Occupancy can be obtained; (3) The child day treatment and afterschool program facility shall be limited to operate between the hours of 7:00 a.m. and 7:00 p.m. only; and (4) The petitioner shall provide the City of Monroe, Department of Planning and Development. with a copy of the license issued by the State of North Carolina Division of Facility Services. Mayor Pro Tern Bazemore inquired about the time period that the child day treatment children would be at the facility. According to the information provided by Mr. Massey, Planning Director Herron responded that the child day treatment children would be at the facility from 8:00 a.m. until 2:30 p.m., and the afterschool children would be there from 3:30 p.m. until 6:45 p.m. Mayor Pro Tern Bazemore requested whether measures would be taken to prevent the child day treatment children from mingling with the children attending the afterschool program. Planning Director Herron noted that there was nothing staff could attach conditionally or legally to address this issue. However, Planning Director Herron advised that Mr. Massey could agree to a condition if Council recommended, and Mr. Massey could also control this through his own operational procedures. Mayor Pro Tern Bazemore inquired about what recourse Council would have if Mr. Massey agreed to the conditions at the public hearing, but then changed his mind. Planning Director Herron advised that if Mr. Massey agreed to the condition at the public hearing and then changed his mind, the City would have grounds to revoke the Conditional Use Pelluit. In addition, Planning Director Herron reported that if Mr. Massey voluntarily agreed to the condition, then it would become a legally binding part of the Conditional Use Permit. Council Member Jordan asked if the portion of the permit pertaining to the 2:30 p.m. departure time for child day treatment children had been removed from the permit process. Planning Director Herron advised that staff did not have this as a condition in their part of the Conditional Use Permit request, but had noted that it was stated in the responses provided by Mr. Massey. 47 e e e e e Council Member Jordan requested clarification regarding if Council's acceptance of the three conditions would mean that the child day treatment children could stay at the facility until 7:00 p.m. Planning Director Herron affinned this statement. Council Member Jordan noted that if Council desires to insure that Mr. Massey abides by what he has stated, then Council would need to include a condition that the child day treatment portion of the program would end at 2:30 p.m. Planning Director Herron advised, "That type of condition is getting away from the land use portion of the pennit. With any Conditional Use Pennit, you need to be looking at how it affects the surrounding uses and the land use in general as allowed by State law. Any additional conditions that might be applied that may dictate who participates in a program and if you are wanting to dictate that children from the morning session cannot participate in the afternoon session, then you are venturing away from the land use portion. You could present that condition as a possibility to the applicant. Ifhe was to agree to it, then it would become part of the pennit. He would have to agree to it, and we could not impose that condition without his agreement." William Massey spoke in favor of this request. To clarify one of Mr. Massey's responses to the questions, Mayor Davis asked if the children in the child day treatment facility would go home or would have the option of staying for the afterschool program. Mr. Massey replied, "99 percent of the kids in the child day treatment program will go home. There may be one 9-year- old child. The afterschool program is geared around kids who are in the public schools." Mayor Davis expressed a concern that the ratio in the child day treatment was said to be 1:5 and the ratio in the afterschool was to be 1: 13. Mr. Massey replied, "If they are in a public school, then they will be eligible for the afterschool program. If they are in the child day treatment program, they will not be eligible for the afterschool program because it deals with tutoring and handling other troubles in the public school." Mayor Davis confinned with Mr. Massey that he would be agreeable to including the condition that all child day treatment children must leave the facility at 2:30 p.m. Mayor Pro Tem Bazemore requested clarification that all children in the child day treatment program, with the exception of one 9-year-old child, would leave the facility by 2:30 p.m. Mr. Massey noted, "Our program is a short-tenn program that could be from six weeks or longer, depending on the progress of the child. If the child returns to public school and that is where he is at all the time, then he will come to the afterschool program for tutoring. He will not be in the child day treatment program." Mayor Davis clarified that a child day treatment student would not be a part of the afterschool program according to Mr. Massey. Council Member Keziah asked if any of the children participating in the child day treatment program would have criminal records. Mr. Massey replied, "I can't really say because they will be coming from the Union County Public School system. They will be coming from home. Some of them may, and some of them may not. In the school system, if you have a felony, then the school system does not have to take you. Our children will come mainly from the public school system. If I have a child who comes into our program, then I will take him in and he will start at child day treatment. I will then work him into the regular school system. It really is a transition period. I can't really tell you ifthey will have a record, but I know that usually a child with a felony is not in our program because they have locked facilities for them." 48 e e e e e Mayor Pro Tern Bazemore requested the exact time when the child day treatment students would be off the property. Mr. Massey responded that school would be out at 2:30 p.m., and from 2:30 p.m. - 3:00 p.m., these children would be either sent home or picked up. Mayor Pro Tern Bazemore reiterated that aU child day treatment students would be off the premises by 3:00 p.m. In addition, Mayor Pro Tern Bazemore requested clarification that Mr. Massey would voluntarily make this one of the conditions. Mr. Massey replied that he did not have a problem with making this a condition. Mayor Pro Tern Bazemore advised that the City has had an unpleasant experience on Icemorlee Street in the past, and expressed his concern that he does not desire to do anything to cause another unpleasant experience. Mayor Pro Tern Bazemore stated that the proposed area has a lot of senior citizens, and he has concerns regarding their reduced mobility. Mayor Pro Tern Bazemore cited that these are the reasons why it is important to him that the condition regarding the departure time for the child day treatment students be included as a condition. Mr. Massey responded, "I don't have a problem making it a condition. When one says special children, I want you to understand that a11 children you deal with are specia1. I respect what you are saying, and my goal is to be able to protect our community. I wouldn't just stick anything in our community. Our ministry and church are there. Weare there a11 week long, and I am familiar with the surroundings. Our goal is to be able to do something for the community, to help the community." Mayor Pro Tern Bazemore advised that he feels Mr. Massey has a quality and useful program, however, he is fearful that some child day treatment students may cause hann to themselves or to the neighbors without having complete control of themselves at a given moment. Mayor Pro Tem Bazemore restated that Mr. Massey would voluntarily agree to make it a condition that child day treatment students would be off the property by 3 :00 p.m. Furthermore, Mayor Pro Tern Bazemore noted that these children need help, and it is honorable of Mr. Massey to help them, but he hopes the help will not come at the expense of the senior citizens. Mayor Pro Tern Bazemore asked Planning Director Herron how this condition could be included before adopting the Conditional Use Permit. Planning Director Herron advised that Council has the choice of either adopting the Conditional Use Permit tonight and advising staff to draft the condition with the City Attorney, or Council could wait until the condition was written in the permit. Planning Director Herron reported that the proposed change would read as follows: The applicant voluntarily agrees that the child day treatment facility and all of its participants will be off the premises by 3:00 p.m. The condition would be drafted to ensure that it is legally binding. Planning Director Herron noted that the word "voluntary" would definitely be in the condition, and the Minutes would be attached to the permit. Mayor Pro Tern Bazemore asked Mr. Massey if it would be possible to put in writing that this issue be tabled until the next Council meeting. Mr. Massey replied, "If I say I'm going to do something, I'm going to do it. I am trying to have a business, and I am trying to get things up and running. If Council does approve this tonight, I still have to go through a four to six-week process for licenses and inspections, including the Health Department. This would run me into 49 . . e e e next year. I welcome the Council to come see my operation any time, but I don't want to keep prolonging this process." Council Member Jordan suggested that the voluntary condition be written on paper so that it can be incorporated as a part of the process. Mayor Davis advised that the third condition on the Conditional Use Permit stated, "The child day treatment afterschool program facility shall be limited to operate between the hours of 7:00 a.m. and 7:00 p.m. only." Mayor Davis asked Planning Director Herron if this condition could be separated to read, "The child day treatment facility shall be limited to operate between the hours of 7:00 a.m. and 3:00 p.m. " and "The afterschool program shall be limited to operate between the hours of 3:00 p.m. and 7:00 p.m. " Council Member Keziah suggested that Mr. Massey and Planning Director Herron amend the application at that time so Council could adopt at the current meeting. Council Member Jordan stated that the original application was for 10 youth, while the present application was raised to 26 youth. Council Member Jordan inquired whether a maximum number of youth allowed to participate would be included. Mayor Davis clarified that the 10 youth is for the child day treatment program, and the 26 youth is for the afterschool program. Mr. Massey responded, "The 26 is the maximum we can have because the lady from the afterschool program visited and said, based on the space and playground area, 26 was the maximum amount. The 10 youth is what I chose for the child day treatment program because we want to deal with a small group instead ofa larger group of kids." In keeping with the required findings of fact for a Conditional Use Permit, Mayor Davis asked the following questions of Mr. Massey: 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 plan? Mr. Massey: Yes. Mayor Davis: Is it your op1111On that the use meets all required conditions and specifications? Mr. Massey: Yes. Mayor Davis: Is it your opinion that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity? Mr. Massey: Yes. Mayor Davis: 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 hannony with the area in which it is to be located and will be in general confonnity with Monroe Land Development Plan? Mr. Massey: Yes. Mayor Davis: Is it your opinion that the relationship to and impacts upon adjoining and nearby properties are minimal and the proposed measures to minimize any adverse impacts are sufficient? Mr. Massey: Yes. 50 e e e e Mayor Davis: Is it your opmlOn that the neighborhood character is reasonably safeguarded? Mr. Massey: Yes. Mayor Davis: Is it your opinion that the proposed use will not seriously heighten the congestion on local streets and thoroughfares? Mr. Massey: Yes. Mayor Davis requested that Planning Director Herron and Mr. Massey meet in Mr. Herron's office to modify the document to ensure that it is agreeable to Mr. Massey and staff. The modified document would be presented to Council for consideration. Upon return to Council Chambers, PlannIng Director Herron and Mr. Massey proposed to change Condition No.3 to read as follows: The applicant voluntarily agrees to limit the hours of operation of the day treatment to the hours of 7:00 a.m. to 3:00 p.m. The applicant also voluntarily agrees to limit the hours of operation for the afterschool program to 3:30 p.m. to 7:00 p.m. Council unanimously agreed with the wording of Condition No.3. Mr. Brown spoke in opposition. Mr. Brown stated that his neighborhood has been "through the fire" already in regards to dealing with special people. In addition, Mr. Brown noted that he does not like the daycare nor the proposed hours of operation as he feels 8:00 a.m. until 3:00 p.m. is long enough. Mr. Brown further advised that what one says and intends to do is not always what happens, regardless of what is put in writing. Mr. Brown cited a concern regarding traffic, as well as the change from the original number of youth (10) to the present request of 26 youth participating in the afterschool program. Mr. Brown concluded by stating that there have been several other exceptional children who have lived in their neighborhood in the past, and they just want peace. Mrs. Brown spoke in opposition and stated that she agreed with what Mr. Brown said. In addition, Mrs. Brown noted that she will be 89 on December 23, and she has seen a lot more of it than Mr. Brown. Mayor Davis affiffi1ed Mary Massey to give testimony during this public hearing. Mary Massey spoke in favor of the request. Ms. Massey requested to know of any problems that Mr. Brown had noted in the past as the ministry program had been operating at the facility since April. Mr. Brown replied that there have not been any problems, however, there will be a problem with traffic. Mr. Brown stated that they have heard music corning from the building as well, and the tutoring needs to include civic responsibility. Mr. Brown also reiterated his concern regarding the lengthy hours of operation. Mayor Davis clarified to Mr. Brown that the child day treatment children would be leaving by 3:00 p.m., and it would only be the children in the afterschool program that would be there until 7:00 p.m. e Planning Director Herron reread Condition No.3: The applicant voluntarily agrees to limit the hours of operation of the day treatment center to the hours of 7:00 a.m. to 3:00 p.m. All students 51 e e e e e associated with the day treatmentfacility will be off the premises before 3:00 p.m. each day. The applicant also voluntarily agrees to limit the hours of operation for the afterschool program to the hours of 3:30 p.m. to 7:00 p.m. Mr. Brown stated that he felt the permit should be reviewed periodically. Mayor Davis advised that it could be reviewed anytime if there was a question. Mr. Massey expressed his disagreement with the periodic review. Mayor Davis advised that if Mr. Brown experienced a problem with the facility, then he needed to contact Council for their review. Council Member Jordan advised that Council has no responsibility for excessive noise or similar problems if Council approves the permit. It is, however, acceptable for staff to visit the facility to view the program in operation as part of this Conditional Use Permit. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. Item No. 11. Request for Fee Waiver. L. C. Tyson Construction. Nottineham Apartments. Council Member Smith moved to hold the required availability fee at the 1999 amount of $96,660. Council Member Kilgore seconded the motion. Council Member Jordan asked if this was the only customer Council was aware of that would be eligible for this kind of waiver. Water Resources Director Colbath advised that other projects that have bridged fiscal years where fee increases occurred would be eligible, however, no other requests such as this have been received. Council Member Jordan expressed a precedent concern in that acceptance of this waiver request would mean other people may come forward with similar requests. Water Resources Director Colbath reported that any residential lots that currently exist are identical. Some subdivisions that were built and approved two years ago still come under the current fee schedule. Mayor Davis restated the motion by Council Member Smith to hold the required availability fee at the 1999 amount of $96,660. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 12. Action from Public "earine ~ Proposed Conditional Use Permit - Project # 01- 100-00012 - Child Day Treatment Center - 410 John Street - 6.969 Square Feet - Aeape Youth & Family (William Massey) - Tax ID# 09-228-136. Mayor Pro Tern Bazemore moved BE IT ORDAINED that this Conditional Use Permit be granted with the substitution of Condition No.3. The Conditional Use Permit as Revised is as follows: 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: 52 · e e e e Record Owner(s): Agape Youth and Familv Services. Inc. Property Location: 410 Jolm Street Tax Map & Parcel # 09-228-136 Acreage: 0.16 Deed Reference: BOOK 1432 ,PAGE 592 Type and Intensity of Use: Child Dav Treatment Center for up to 10 children and Afterschool Program for UP to 26 children. Meeting Dates: September 4.2001 and September 18. 2001 Approval Date: September 18.2001 SECTION 1. FINDINGS: Having heard all of the evidence and arguments presented at the hearing, the City Council, at its regular meeting, finds and determines that the application is complete, and subject to the conditions imposed below, the following findings are made: I. 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 or that the use is a public necessity; and 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 confonnity with Monroe Land Development Plan; and 5. The relationship to and impacts upon adjoining and nearby properties are minimal and the proposed measures to minimize any adverse impacts are sufficient; and 6. The neighborhood character is reasonably safeguarded; and 7. The proposed use will not 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 ofthis permit, and the following special condition(s) which the City Council finds to be in the public interest: I. 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; and 2. The petitioner shall comply with all zoning regulations as specified in Chapter 156 of the Monroe Code of Ordinances before a Certificate of Occupancy can be obtained; and 3. The petitioner voluntarily agrees to limit the operation of the day treatment center to the hours of 7:00 a.m. to 3:00 p.m., and all students associated with the day treatment center will be off the premises 53 e e e e e before 3 :00 p.m. each day. The petitioner voluntarily agrees to limit the operations of the after school program to the hours of3:30 p.m. to 7:00 p.m.; and 4. The petitioner shall provide the City of Monroe Department of Planning and Development with a copy of the license issued by the State of North Carolina Division of Facility Services. 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 pennit shall become null and void if not recorded in the office of the Register of Deeds, Union County, North Carolina, on or before November 19,2001. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 13. Desienation of Votinl! Delel!ate for 2001 North Carolina Leal!ue of Municipalities Annual Business Meetinl!. Council Member Keziah moved to designate Mayor Pro Tem Bazemore as the City's voting delegate and Council Member Kilgore as the alternate. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 14. Parkin ! Area Concern. Council Member Kilgore reported that several residents on Valley Drive, just off Highway 74 behind a rental business on Fowler Secrest Road, have expressed a concern regarding a "dust bowl" atmosphere that is being produced [rom the parking area. Council Member Kilgore suggested possibly watering the parking area to help with the dust situation. Mayor Davis requested that City Manager Spell research the situation to determine possible solutions. Item No. 15. Closed Session - Property Acquisition. Council Member Smith moved to go into Closed Session to discuss property acquisition. Council Member Keziah 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: 54 e e e . - Upon return from Closed Session and there being no further business, Council Member Smith moved to adjourn. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Regular City Council Meeting of September 18, 2001 adjourned at 7:50 p.m. 1?~ Judy L. Davis, Mayor Attest: ~Yì7~ eanne M. Deese, Ci Clerk Minutes transcribed by Donna Helms, Office Administration Contractor 09-18-01 55