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11/06/2001 e e e e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 November 6, 2001- 6:30 p.m. AGENDA 1. Recognition - Retirement of Mickey Bullington, RN, United Way Community Health Services CONSENT AGENDA 2. Minutes of Regular City Council Meeting of October 16,2001 Minutes of Monroe-Union Historic Properties Commission Meeting of October 2,2001 Minutes of Environmental & Water Resources Committee Meetings of July 17 and August 21, 2001 Minutes of Land Development Committee Meeting of August 23,2001 Minutes of Transportation Committee Meeting of September 13, 2001 Minutes of Tree Board Meeting of August 20,2001 3. Budget Amendments A. Industry Appreciation Funds B. Celebration of Trees Funds C. Purchase of Public Safety Equipment 4. Call for Public Hearings A. New Downtown Incentive Programs B. Project # 02-12000004 - Zoning Text Change Request - Addition of Planned Unit Development District Regulations - City of Monroe C. Project # 02-13000006 - Zoning Map Change Request - R-20 (Low/Moderate Single-Family Residential) to PUD-SU (Planned Unit Development Special Use) District - 291.30 acres on the south side of Highway 75 (Waxhaw Highway) between New Town Road and Highway 84(Weddington Road) - City of Monroe - Tax ill # 09-321-004,09-321-002 (portion), 09-321- 005, and 09-321-001 D. Project # 02-10000002 - Conditional Use Permit Request - New Walter Bickett Elementary School- 25 Acres on South Side of Highway 75 (Waxhaw Highway) Between New Town Road and Highway 84 (Weddington Road) - Union County Public Schools - Tax ill # 09-321-004 (portion) 5. Land Acquisition for Airport - LN Aero Ventures, LLC A. Budget Amendment B. Land Acquisition 6. Approval of Charities for DMI Donations 7. Resolutions A. Opposing Federal Senate Bill 952 B. Honoring Monroe Middle School 8. Ordinances A. To Amend Traffic Schedules B. To Amend Chapter 55: Public Works - Collection of Bulky Items, Appliances, and Debris 9. Proclamation for Arbor Week 91 e e e e e 10. Notification of Award of Bid for Bucket Truck - Engineering Department 11. Award of Contract sIB ids A. HTE Software - Fire Department B. Professional Services - Wastewater System Master Plan C. Spec Building (Moved to Regular Agenda as Item No. 16) 12. Monroe Municipal Airport A. Budget Amendment B. Revised Agreement with LP A Group for Monroe Municipal Airport Runway Extension C. Resolution to Approve Block Grant Agreement to Expand Apron 13. Abstract of Votes - October 9, 2001 Municipal Election 14. Summary of Contracts Awarded Pursuant to 0-2001-17 and Change Orders Executed Pursuant to R- 2000-76 15. Reschedule of December 4,2001 City Council Meeting to December 3,2001 REGULAR AGENDA 16. Award of ContractslBids - Spec Building 17. Public Hearing - Project # 01-100-00014 - Conditional Use Permit Request - New Walter Bickett Elementary School- Lancaster Avenue between Kingswood and Oak Hill Drive - 24.89 Acres- Union County Public Schools - Tax ill # 09-279-043 & 044 (Continued from October 16,2001) 18. Action from Public Hearings A. Public Hearing - Project # 01-100-00014 - Conditional Use Permit Request - New Walter Bickett Elementary School- Lancaster Avenue between Kingswood and Oak Hill Drive - 24.89 Acres- Union County Public Schools - Tax ill # 09-279-043 & 044 B. Project # 01-100-00011 - Conditional Use Permit Request - Accessory Structure With a Home Occupation - 936 Secrest Hill Drive - .923 acres - James Marlow - Tax ill# 09-216-014 (Public Hearing Completed on October 2,2001) 19. Presentation of Proposed Transportation Improvement Program (TIP) Priorities for 2004-2010 and Schedule for Public Input Meeting 20. Budget Amendments A. NCDOT Landscape Agreement B. Monroe High School Band Booster Club C. Camp Thunderbird Field Trip 21. Other Business A. Parking on Leawood Drive B. Tree Removal on Hayes Property 22. Closed Session - Property Acquisition 23. Monroe Country Club - Golf Privileges 11-06-01 92 e e e e e CITY OF MONROE CITY COUNCIL MEETING NOVEMBER 6, 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 November 6,2001, 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: Ray Payne, Vicki Payne, Patrick Griffin, Deanna Griffin, John Tarleton, Twan Dubose, Shawn Dubose, Sonia Vizcaino, David Fencl, La Vondra Edwards, Larry Helms, Margie Jennette, Marshall Jennette, Bob Glendy, Bengie Mullis, K. Goodson, C. Waddell, M. Bullington, Russ Colbath, Wilma Walewski, Henry Browning, Mark Donham, Mike Courtney, Ron Fowler, Parker Nash Jr., Joyce Nash, Dale Hargett, Mary Marshall Nash, Carol Baker, Lori Hayes, James Hayes, Marshall Jennette, Gary Noles, Nancy Noles, Lynda Keziah, Troy Penny, and others. Mayor Davis called the Regular City Council Meeting of November 6, 2001 to order at 6:30 p.m. A quorum was present. Item No.1. Reco1!nition - Retirement of Mickev Bullin1!ton. RN. United Way Community Health Services. Mayor Davis recognized Mickey Bullington, Director of the United Way Community Health Services in Union County, who will be retiring on November 30, 2001 after serving in this position for the past 17 years. Ms. Bullington received a standing ovation. Council Member Hargett moved to approve Proclamation P-2001-11 to honor Ms. Bullington: PROCLAMATION TO HONOR MS. MICKEY BULLINGTON, RN P-2001-11 WHEREAS, Ms. Mickey Bullington, RN, is retiring on November 30, 2001, having served as Director of The United Way Community Health Services in Union County for 17 years; and WHEREAS, Mickey has long promoted causes that have greatly benefited the citizens of Monroe and positively impacted their lives for good; and WHEREAS, Mickey is well known in the health care community, having developed a network of help for those citizens unable to afford or to find the help they needed; and 93 e e e e e WHEREAS, Mickey has been an advocate for many, working diligently until she found answers to their health needs, often when those citizens had nowhere else to turn; and WHEREAS, among her many contributions to this community, Mickey conducted the first drive- through flu clinic in the community, spent countless hours going above and beyond the call of duty in serving City Employees, the Monroe Police and Fire Departments, the Community Shelter, the Winchester and Icemorlee Neighborhoods, and Senior Citizens throughout the community; and WHEREAS, the City Council of the City of Monroe wishes to acknowledge and express its sincere appreciation to Mickey Bullington for her many contributions and selfless dedication to the citizens of this community. NOW, THEREFORE, I, Judy L. Davis, by virtue of the authority vested in me as Mayor of the City of Monroe, do hereby proclaim Friday, November 9, 2001 as "MICKEY BULLINGTON DAY" in our community and extending sincere congratulations and best wishes to one who has worked so faithfully and given so generously of her time and talents to make this a better place to live. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 6th day of November, 2001. 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: 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 Keziah requested that Item 11. C. be removed from the Consent Agenda and placed on 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, with the exception of Item 11. C. Item No.2. Minutes of Re2:ular City Council Meetin2: of October 16. 2001. Council Member Hargett moved to approve the Minutes of the Regular City Council Meeting of October 16, 2001. 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: 94 e e e e e Minutes of the Monroe-Union Historic Properties Commission Meeting of October 2, 2001, Minutes of the Environmental & Water Resources Committee Meetings of July 17 and August 21, 2001, Minutes of the Land Development Committee Meeting of August 23, 2001, Minutes of the Transportation Committee Meeting of September 13, 2001, and Minutes of the Tree Board Meeting of August 20,2001 were received as information of Council. Item No.3. Bud2:et Amendments. A. Industrv Appreciation Funds. Economic Development Director Platé advised by memorandum that Industry Appreciation is an annual event that occurs in September. The event entails golf, lunch, banquet with a keynote speaker, and award ceremony. Each year, the event has grown with added participation from the local industries and Economic Development allies across the state. This year, the City EDC invited Union County EDC to join the celebration as a natural progression of the event. The event was moved to Rolling Hills Country Club due to the anticipated increase in attendance. To cover the cost associated with Rolling Hills, staff solicited sponsorships for holes, lunch, golf, dinner, etc. Industry Appreciation Day is the only event that is held in the community to recognize the impact of local industries on the City's economy. Staff recommended that Council recognize these revenues and appropriate funds to an expenditure account for the Industry Appreciation Event. Council Member Hargett moved to approve Budget Amendment BA-2001-21: BUDGET AMENDMENT BA-2001-21 1. Amendment necessary to designate and appropriate funds received from donations for the Industry Appreciation Event: General Fund: Revenues: Donations $11,500 Expenditures: General Government $11 ,500 ADOPTED this 6th day of November, 2001. 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: B. Celebration of Trees Funds. Economic Development Director Platé reported by memorandum that in an effort to have events of interest to everyone, Downtown Monroe, Inc. is planning the First Annual Celebration of Trees Event. This event will be a holiday celebration, which will include a silent auction of decorated Christmas trees, wreaths, and arrangements. The 95 e e e e e function is meant to be of the highest quality; therefore, it will be semi-formal, coat and tie required, and will be held at the Fred Astaire Dance Studio on Main Street. There is currently over $3,000 in financial sponsorships; 26 trees, wreaths, and arrangements; and 7 food sponsors. The hope is that this will become an annual event in which many people look forward to and therefore grow in attendance to fill the proposed Civic Center. The Downtown Monroe, Inc. staff recommended that Council recognize these revenues and appropriate funds to an expenditure account for the Celebration of Trees Event. Council Member Hargett moved to approve Budget Amendment BA-2001-23: BUDGET AMENDMENT BA-2001-23 1. Amendment necessary to designate and appropriate funds received from donations for the Celebration of Trees: General Fund: Revenues: Donations $3,500 Expenditures: Economic & Physical Development $3,500 ADOPTED this 6th day of November, 2001. 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: Co Purchase of Public Safety Equipment. Fire Chief Fowler advised by memorandum that staff has identified a need to purchase additional equipment to enhance hazardous materials response capabilities that was not budgeted as part of this fiscal year's budget. Staff recommended that Council approve a budget amendment to purchase the public safety equipment. Council Member Hargett moved to approve Budget Amendment BA-2001-25: BUDGET AMENDMENT BA-2001-25 1. Amendment necessary to appropriate funds fÌ'om General Fund - Fund Balance to purchase Public Safety Equipment: From: General Fund - Fund Balance: $ 46,500.00 To: 96 e e e e e Public Safety Expenditures $ 46,500.00 ADOPTED this 6th day of November, 2001. 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.4. Call for Public Hearines. A. New Downtown Incentive Proerams. Council Member Hargett moved to call for a public hearing to be held on November 20,2001 at 6:30 p.m. to consider two new incentive programs for the Central Business District that are designed to induce (1) new construction and (2) residential development in Downtown Monroe. 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: B. Project # 02-12000004 - Zonine Text Chanee Request - Addition of Planned Unit Development District Reeulations - City of Monroe. Council Member Hargett moved to call for a public hearing to be held on November 20, 2001 at 6:30 p.m. to consider this request. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Project # 02-13000006 - Zonine Map Chanee Request - R-20 (Low/Moderate Sinele- Family Residential) to PUD-SU (Planned Unit Development Special Use) District - 291.30 acres on the south side of Hiehway 75 (Waxhaw Hiehway) between New Town Road and Hiehway 84(Weddineton Road) - City of Monroe - Tax ID # 09-321-004. 09-321-002 (portion). 09-321-005. and 09-321-001. Council Member Hargett moved to call for a public hearing to be held on November 20,2001 at 6:30 p.m. to consider this request. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Project # 02-10000002 - Conditional Use Permit Request - New Walter Bickett Elementary School- 25 Acres on South Side of Hiehway 75 (Waxhaw Hiehway) Between 97 e e e e e New Town Road and Hif!hwav 84 (Weddinf!ton Road) - Union County Public Schools - Tax ID # 09-321-004 (portion). Council Member Hargett moved to call for a public hearing to be held on November 20, 2001 at 6:30 p.m. to consider this request. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None I NAYS: Item No.5. Land Acquisition for Airport - LN Aero Ventures. LLC. Economic Development Director Platé advised by memorandum that the City of Monroe has a future plan for development of the Monroe Municipal Airport. The property in question has been identified on the master plan for future hanger development. The current ownership, LN Aero Ventures, LLC, has submitted plans to the City of Monroe Planning and Development Department for a retail development. Staff felt that it would be in the best interest of the City to acquire the property prior to this retail development as it will only become more valuable after such development has occurred. The negotiated purchase price for the 5.787 ± acres is $285,000. The property has been surveyed, and an environmental assessment was completed for the property in the last 12 months; therefore, staff found the finding acceptable for acquisition. Staff recommended that Council approve the purchase of the 5.787± acres known as the LN Aero Ventures, LLC property for a total sum of $285,000 for the future expansion of the Monroe Municipal Airport. A. Budf!et Amendment. Council Member Hargett moved to approve Budget Amendment BA-2001-24: BUDGET AMENDMENT BA-2001-24 1. Amendment necessary to designate and appropriate additional funds for the acquisition of land within the approach to Runway 5 and the approach to Runway 23. Airport Fund: Revenues: Transfer from Airport Capital Reserve Fund Expenditures: Land Acquisition $ 125,000 $ 125,000 Airport Capital Reserve Fund Revenues: Appropriation of Fund Balance Expenditures: Transfer to Airport Fund $ 125,000 $ 125,000 ADOPTED this 6th day of November, 2001. Council Member Kilgore seconded the motion, which passed unanimously with the following votes: 98 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Land Acquisition. Council Member Hargett moved to acquire the 5.767± acres known as the LN Aero Ventures, LLC property for a total sum of $285,000 for the future expansion of the Monroe Municipal Airport. 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.6. Approval of Charities for DMI Donations. Economic Development Director Platé reported by memorandum that the Susan G. Komen Foundation is a non-profit, non- religious affiliated organization dedicated to the cure of breast cancer. The DMI Board and staff requested that Council adopt the Susan G. Komen Foundation as an acceptable charity for funds generated by the First Annual Celebration of Trees Event. The funds would be given to the local chapter of the organization, and this designation would be for this year alone. Council Member Hargett moved to adopt the Susan G. Komen Foundation as an acceptable charity for funds generated by the First Annual Celebration of Trees Event. 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.7. Resolutions. A. Qpposin{! Federal Senate Bill 952. Human Resources Director Brown advised by memorandum that Senate Bill 952 has been introduced in the 10ih Congress. The Bill would provide collective bargaining rights for public safety officers employed by States or their political subdivisions. The adoption of this Bill would: (1) grant public safety officers the right to form and join a labor organization, which may exclude management and supervisory employees; (2) require the City of Monroe to recognize and bargain with the labor organization, and commit any agreements to writing in a contract or memorandum of understanding; (3) permit bargaining over hours, wages, and terms and conditions of employment; (4) require an interest impasse resolution mechanism; and (5) require enforcement through State courts of all rights, responsibilities, and protections and any written contract or memorandum of understanding. Adoption of this Bill would override longstanding North Carolina law, specifically N.C.G.S. 95- 98, which currently prohibits any city from entering into binding collective bargaining agreements with public employee labor unions. In addition to the Bill representing a direct 99 e e e e e violation of State law, if passed, the scope of this Bill would only represent law enforcement officers, firefighters, and emergency medical services personnel. It would not apply to all City employees. Staff believes the Bill is an unwarranted intrusion into the sovereignty of the State of North Carolina and would be divisive in its effect on City and Departmental management and police and fire employees, as well as among the various classifications of employees. Therefore, staff recommended that Council adopt a Resolution opposing Senate Bill 952. Council Member Hargett moved to adopt Resolution R-2001-52: RESOLUTION TO OPPOSE SENATE BILL 952 PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT OF 2001 R-2001-52 WHEREAS, Senate Bill 952 has been introduced in the 107th United States Congress. WHEREAS, Senate Bill 952 has as its intent to provide collective bargaining rights for public safety officers employed by States or their political subdivisions, specifically the right to form and join a labor organization, the right to bargain over wages, hours, and conditions of employment, the right to sign an enforceable contract, and availability of some form of mechanism to break an impasse, such as arbitration, mediation, or fact finding. WHEREAS, North Carolina General Statute 95-98 makes contracts between any city and any labor organization illegal, unlawful, void and of no effect. WHEREAS, the City of Monroe, North Carolina believes that ALL employer-employee relationships should willingly be based on trust, mutual respect, open communication, bilateral consensual problem solving, and shared accountability. NOW THEREFORE, BE AND IT IS RESOLVED THAT the Mayor and City Council of the City of Monroe oppose the adoption of Senate Bill 952 with its intent to mandate special rights and privileges to a few classifications of employees and to the exclusion of the majority of public employees, and in violation of the current laws of the State of North Carolina. ADOPTED this 6th day of November, 2001. 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: B. Honorin2: Monroe Middle School. City Manager Spell reported by memorandum that Mayor Davis recently presented a Resolution to Monroe Middle School in recognition of their commendable demonstration with regard to the relief efforts in raising money for the American Red Cross following the national tragedy on September 11, 2001. Mayor Davis presented this 100 e e e e e Resolution at Monroe Middle School on September 20, 2001. Staff recommended that Council formally adopt Resolution R-2001-50. Council Member Hargett moved to adopt Resolution R-2001-50: RESOLUTION HONORING MONROE MIDDLE SCHOOL FOR THEIR OUTSTANDING SUPPORT OF RELIEF EFFORTS DURING OUR NATION'S TRAGEDY R-2001-50 WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists and thousands of innocent Americans were killed or injured as a result of these attacks; and WHEREAS, these cowardly acts were by far the deadliest ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate onr nation; and WHEREAS, even though these horrific events have affected all Americans, terrorism cannot be allowed to break the spirit of the American people. It is important that we carry on with the regular activities of our daily lives and continue to reach out and help our fellow Americans. NOW, THEREFORE, BE IT RESOLVED THAT I, Judy L. Davis, Mayor of the City of Monroe, on behalf of the Monroe City Council and the citizens of Monroe hereby acknowledge Monroe Middle School for their exemplary and commendable demonstration with regards to the relief efforts in raising money for the American Red Cross. The City of Monroe salutes Monroe Middle School for its outpouring of generosity during our nation's tragedy. Presented on the 20th day of September, 2001. ADOPTED this 6th day of November, 2001. 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.8. Ordinances. A. To Amend Traffic Schedules. Engineering Director Loyd advised by memorandum that during the research of street names and block numbers in the vicinity of High School Drive, it was determined that Forest Avenue and Neal Street were wrongly listed in the Through Streets Schedule. The streets were listed as stop streets for Houston Street in lieu of High School Drive. The amendment to the Through Streets Schedule is to correct the traffic schedules and identify High School Drive as the through street, with Forest Avenue and Neal Street as the stop streets. Staff recommended that Council approve an Ordinance to identify High School Drive as the 101 e e e e e through street and Forest Avenue and Neal Street as stop streets, and to delete the listing of Houston Street as the through street for Forest Avenue and Neal Street. Council Member Hargett moved to approve Ordinance 0-2001-49: AN ORDINANCE TO AMEND TITLE VII, CHAPTER 75 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-49 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 is amended as follows: Schedule II, Through Streets Add: THROUGH STREETS Through Street Stop Streets Houston Street Beasley Street High School Drive Forest Avenue High School Drive Neal Street Delete: THROUGH STREETS Through Street Stop Streets Houston Street Parker Street Houston Street Beasley Street Houston Street Forest Avenue Houston Street Neal Street ADOPTED this 6th day of November, 2001. 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: B. To Amend Chapter 55: Public Works - Collection of Bulkv Items. Appliances. and Debris. Planning Director Herron advised by memorandum that a number of changes were recommended to make the City's Solid Waste Ordinance consistent with the City's Solid Waste Contract and Solid Waste Plan. The issues addressed by the amendments include: . The Ordinance states that citizens must call in all requests for bulky item collection, but the new contract stipulates that BFI pick up solid waste on a routed weekly schedule. (Section 55.07 A) 102 e e e · The Ordinance does not prohibit co-mingling yard waste with other waste items, however, BFI will not collect co-mingled waste and such cannot be counted towards our recycling/reuse goals stated in our adopted Solid Waste Plan. (Section 55.08 D) · The Ordinance does not state that the City will not pick up automobile parts, such as tires and batteries from the curb. It does state that the 90-gallon carts will not be picked up if these items are inside the cart. Automobile parts are a special type of waste that cannot be disposed of in a sanitary landfill and BFI will not collect it as part of our contract. (Section 55.07 D) · Language to clarifY that the City does not pick up yard waste and bulky items from commercial businesses. Commercial businesses with carts pay only for trash and recycling removal. (Sections 55.07 C and 55.08 G) · The Ordinance does not have a clear definition of debris resulting from the construction, demolition, or repair of buildings. (Section 55.09) Planning Director Herron advised that the discrepancies in the City's Ordinance need to be resolved to allow staff the ability to enforce these issues within the community. The Environment & Water Resources Committee approved the adoption of the proposed amendments at their meeting on October 17, 2001 and recommended that City Council adopt the proposed amendments to Chapter 55 Solid Waste Ordinance. Council Member Hargett moved to adopt Ordinance 0-2001-44: AN ORDINANCE TO AMEND TITLE V, CHAPTER 55: SOLID WASTE CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-44 Preamble Pursuant to authority conferred by G.S. 160A-392, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE V, CHAPTER 55: PUBLIC WORKS, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Text Amendment e Amend Section 55.07 as follows: e 55.07(A) COLLECTION OF BULKY ITEMS, APPLIANCES AND WHITE GOODS (A) Residents may place discarded furniture, junk, appliances, and similar items on the front corner of their premises nearest to the public street or alley for collection. This service is provided to the resident of Monroe, who is paying for garbage service at the location, with the following limits. The City will provide four (4) pick ups per year, limited to one (1) cubic yard of items per pick up (1 cubic yard equates to the bed of a Yz ton pick up truck.). Residents must make private arrangements to dispose of bulky items on a more frequent basis or to dispose oflarger amounts of bulky items. (B) Any appliance accepted for collection must be empty of its contents. The City must be contacted to schedule pick up of appliances. ADD SECTION 103 e e e e (D) Bulky items must not be co-mingled with solid waste or yard waste. (E) The City will not be responsible for the removal of automobile parts, including but not limited to tires and batteries. The proper disposal of these items will be the responsibility of the property owner. ADD SECTION(S) (F) No materials such as trees, shrubbery or underbrush resulting from land clearing will be picked up by the city or its contractor. (G) Commercial businesses are required to make private arrangements to dispose of their yard waste. There will be no collection of yard waste by the City or its Contractor. Commercial yardwaste is prohibited from staying on the curb more than five (5) days. Amend Section 55.09 as follows: § 55.09 REMOVAL OF DEBRIS RESULTING FROM CONSTRUCTION, DEMOLITION OR REPAIR OF BUILDINGS. It shall be the duty of the property owner to dispose of debris resulting from the construction, demolition, or repair of buildings. These items include but are not limited to brick, stone, plumbing materials, plaster, concrete, asphalt, roofing, floor coverings, gutters and shingles. (Ord. 0-1999-86, passed 12-7-99) Penalty, see §1O.99. ADOPTED this 6th day of November, 2001. 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.9. Proclamation for Arbor Week. Planning Director Herron requested by memorandum that Council adopt a Proclamation to recognize November 11-17, 2001 as Arbor Week. Council Member Hargett moved to adopt Proclamation P-2001-13: PROCLAMATION FALL ARBOR WEEK - NOVEMBER 11-17, 2001 P -2001-13 WHEREAS, the City of Monroe and its citizens are aware of the many benefits to the community of maintaining a healthy urban forest; and WHEREAS, the City has declared its commitment to establishment and maintenance of a healthy tree cover through adoption of an ordinance to encourage planting, growth and protection of appropriate street trees e throughout the City; and 104 WHEREAS, the Monroe Tree Board has been actively promoting the development of the community forest; and e WHEREAS, designation and observance of ARBOR WEEK is an excellent means of drawing public attention to the benefits of trees and the means of obtaining a healthy tree cover; and e e e e WHEREAS, the Monroe Tree Board has been traditionally involved in tree planting activities. NOW, THEREFORE, BE IT PROCLAIMED that I, Judy L. Davis, Mayor of the City of Monroe, do hereby proclaim November 11 - 17,2001 to be "ARBOR WEEK" and authorize appropriate observing of this occasion, including the planting of a commemorative tree, said observance to be organized and carried out by the Monroe Tree Board and the City of Monroe, North Carolina. ADOPTED this 6th day of November, 2001. 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. 10. Notification of Award of Bid for Bucket Truck - En2:ineerin2: Department. Administration Services Manager Keziah reported by memorandum that on October 11, 2001, staff received bids for a Bucket Truck for the Engineering Department - Street Division. Pursuant to City of Monroe Ordinance 0-1999-11, the Purchasing Division infonned Council of the bid tabulations as follows: VENDOR COST DELIVERY WARRANTY Altec Industries, Inc. $58,300.00 150-180 90 Baker Equipment Engineering Co. $56,466.00 120-150 90 Duke Energy Fleet Services $56,782.73 120 120 FontaineTruck Equipment Co. $56,855.00 90-120 3/5 Map Enterprises $53,764.00 120-150 1 O. G. Hughes & Sons, Inc. $52,407.00 120-1540 1 Telelect East $61,232.00 180-200 Multiple No action was required of City Council. Item No. 11. Award of Contracts/Bids. A. HTE Software - Fire Department. IS Director Jones recommended by memorandum that Council award a contract in the amount of $64,500 to H.T.E., Inc. for acquisition of software, training, and annual support as a sole source vendor. H.T.E. was previously selected to provide all of the application software for the City of Monroe, including Police records and dispatch, since compatibility in providing this vital public safety software is important to the health and 105 · e e e e safety of the citizens. Funds for this application were included in the FY 2002 budget for the Fire Department. Council Member Hargett moved to award a contract in the amount of $64,500 to H.T.E., Inc. for acquisition, training, and annual support of Fire Management software for the Fire Department. Council Member Kilgore 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: B. Professional Services - Wastewater System Master Plan. Water Resources Director Colbath advised by memorandum that the City's Water Resources Department solicited fonnal proposals from four qualified engineering finns to provide professional services in developing a Wastewater System Master Plan for the City's Wastewater Collection System. This project will provide long-range planning for extensions of the City's wastewater system and ensure orderly and cost-effective system development. The project will also provide a hydraulic model of the system, as well as improvements to the City's collection system mapping. The base contract amount for this project is $94,720, which has been authorized by the City Manager via delegated Council authority. However, with the contract add alternate to provide map-scanning services, it is anticipated that the total contract amount will be $105,220. Therefore, Council authorization is required. Budgeted funds are available to complete this project. Council Member Hargett moved to award the contract to Hobbs, Upchurch, and Associates, P.A. in the amount of $105,220, to authorize a 10% contingency allowance for this project, and to authorize the City Manager to make contract changes up to this amount if needed. Council Member Kilgore 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: c. Spec BuildiD1!. Moved to the Regular Agenda as Item No. 16. Item No. 12. Monroe Municipal Airport. Engineering Director Loyd reported by memorandum that on June 19, 2001, the City Council approved an Agreement for Professional Services with The LPA Group of North Carolina, P.A., in the amount of$39,410 for completing an environmental overview, along with a feasibility study and update to the Airport Layout Plan for extending the runway at the Monroe Municipal Airport. On July 10, 2001, Economic Development Director Platé and Engineering Director Loyd met with Division of Aviation personnel in Raleigh to review the possible runway extension. In August, comments were received from the Division of Aviation advising that the Environmental Overview should be converted to a full-blown Environmental Assessment. The Environmental Overview was designed to provide direction and identify areas that would need to be addressed by the Environmental Assessment. Instead, the Division of Aviation indicated that they preferred to 106 e e e e e move directly to the Environmental Assessment phase and issue amendments to the Agreement as needed. Both approaches accomplish the same tasks in the end. Due to the delay in receiving concurrence from the Division of Aviation, the Airport Consultant was directed to proceed with the work in early August while the details were resolved with the Division of Aviation. The final revised copy of the Agreement was submitted to the Division of Aviation on September 12, 2001. A verbal concurrence from the State was received on October 19, 2001. A copy of the Agreement for Professional Services submitted by The LP A Group was included in Council Agenda Packets. A summary of the proposed fees is as follows: Work Item Fee Comment Environmental Assessment $71,889.00 $39,895 increase Airport Layout Plan Update 7,416.00 No Change Cultural Resources Field Survey 14,500.00 New Fee Total Fee: $93,805.00 The Cultural Resources Field Survey is necessary to identify historical and archaeological sites within the project limits. It should also be noted that by converting from the Environmental Overview to the Environmental Assessment, one month is actually saved due to less time for governmental reviews. A preliminary timeline showing the Environmental Assessment completed by August 1, 2002 was included in Council Agenda Packets. Assuming funding for the construction is available, the runway improvements could be completed by December 2003. The professional services are eligible for future reimbursement from the State with 10 percent local participation and 90 percent State/Federal participation. The Engineering Department recommended that City Council approve the Agreement for Professional Services with The LP A Group of North Carolina, P.A., in the amount of $93,805. It was also requested that Council appropriate from the Airport Fund Balance for Department Service Reserved Fund, in addition to the previously approved $39,410, an additional amount of $54,395 required for the total fee of $93,805 and that the City Manager be authorized to sign the agreement on behalf of the City of Monroe. A. Bud2:et Amendment. Council Member Hargett moved to approve Budget Amendment BA-2001-22: BUDGET AMENDMENT BA-2001-22 1. Amendment necessary to designate and appropriate funds for Professional Services to complete Environmental Assessment for Runway Extension, Airport Layout Plan Update and Cultural Resources Field Survey. Airport Fund: Revenues: Transfer from Airport Capital Reserve Fund Expenditures: Engineering $ 54,395 $ 54,395 Airport Capital Reserve Fund Revenues: 107 e e e e e Appropriation of Fund Balance Expenditures: Transfer to Airport Fund $ 54,395 $ 54,395 ADOPTED this 6th day of November, 2001. 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: B. Revised A2reement with LP A Group for Monroe Municipal Airport Runwav Extension. Council Member Hargett moved to approve the Agreement for Professional Services with The LPA Group of North Carolina, P.A., in the amount of $93,805. 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: c. Resolution to Approve Block Grant A2reement to Expand Apron. Engineering Director Loyd advised by memorandum that the Block Grant Agreement that was included in the Agenda Packets is to "expand the apron" at the Monroe Municipal Airport and is a part of the funding proposed for 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 hangar; (2) Construction of an automobile parking lot; (3) Vehicular access road; and (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 grant provides for the City of Monroe to receive $150,000 in Federal Funds under the Federal Aviation Investment Refonn Act (AIR 21). With the City of Monroe's 10% share previously approved under BO-2001-06, the total project funding is $166,667. These funds are to be used in conjunction with the established project funding of $2,222,222 for the 2001 Airport Improvement Project. The AIR 21 grant plus the previously approved grant to expand the apron will bring the total project funding for the 2001 Airport Improvements to $2,388,889. The 2001 Airport Improvement Project is estimated at $2,375,000. The Engineering Department recommended that City Council approve the State Block Grant Agreement-AIR 21 Project No. 9.9269011 to expand the apron at the Monroe Municipal Airport and that City Council authorize the Mayor to enter into the Grant Agreement on behalf of the City of Monroe. Council Member Hargett moved to approve Resolution R-2001-38: 108 e e e e e RESOLUTION TO APPROVE BLOCK GRANT AGREEMENT EXPAND APRON, 2001 AIRPORT IMPROVEMENT PROJECT R-2001-38 A motion was made by Council Member Hargett and seconded by Council Member Kilgore for the adoption of the following resolution, and being put to a vote was duly accepted: WHEREAS, a Grant in the amount of $150,000 has been approved by the Department based on total estimated cost of$166,667; 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 6th day of November, 2001. 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. 13. Abstract of Votes - October 9. 2001 Municipal Election. City Manager Spell advised by memorandum that the Union County Board of Elections has provided the Abstract of Votes for the October 9, 2001 Municipal Election for the City of Monroe. The Board of Elections certified that the results, as indicated on the Abstract, are true and contain the number of legal ballots cast in each precinct for each office named, the name of each person voted for, and the number of votes given for each person. Council Member Hargett moved to accept the Abstract of Votes as written. 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: The Abstract of Votes is hereby incorporated as a part of these Minutes as Exhibit A. Item No. 14. 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: 109 . DATE NAME PURPOSE AMOUNT 10-25-01 Kinetics Noise Control, Inc. Noise Curtail Wall Panels for Noise Reduction for $8,660 City Hall in the Accounting Division 10-10-01 Carolina Appraisal Co., Inc. Review Appraisals for Airport Area Properties: $1,775* 3.465 Acre Unimproved Tract; 5.787 Acre Unimproved Tract; The Village at Wesley Chapel 10-22-01 Resolve Environmental Phase I Environmental Site Assessment $1,200* Services 32 Acre Parcel - Airport Road 10-16-01 L. B. Smith & Associates, Civil Engineering Design Services for Spec $8,500 P.A. Building II 10-18-01 Fencing Contractor Installation of 6' High Metal Hurricane Fence at $7,231 Three Sites: Dry Fork Pump Station, Stitt Street Pump Station, Yale Norton Pump Station e * Approved by Department Director e No Change Orders have been approved recently under authority of R-2000-76. Summary of contracts and change orders were received as infonnation of Council only and no action was required. Item No. 15. Reschedule of December 4, 2001 City Council Meetin!! to December 3, 2001. City Manager Spell advised by memorandum that the National League of Cities Congress of Cities meeting will be held in Atlanta on December 4-8, 2001, in which several Council members will be attending. In order to accommodate travel schedules, staff requested that City Council· consider changing the date for the regularly scheduled City Council Meeting of December 4,2001 to meet on Monday, December 3,2001 at 6:30 p.m. Council Member Hargett moved to change the date of the December 4, 2001 City Council Meeting to Monday, December 3, 2001 at 6:30 p.m. 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: e REGULAR AGENDA Item No. 16. Award of Contracts/Bids - Spec Buildin!!. Council Member Keziah made a motion that this Item be placed on the Agenda for the November 20,2001 Regular City Council Meeting. 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: 110 e e e e Item No. 17. Public Hearin2 - Project # 01-100-00014 - Conditional Use Permit ReQuest- New Walter Bickett Elementary School- Lancaster Avenue between Kin2swood and Oak Hill Drive - 24.89 Acres - Union County Public Schools - Tax ID # 09-279-043 & 044 (Continued from October 16. 2001). Mayor Davis advised that Union County Public Schools requested that this public hearing be continued until the December 3, 2001 City Council Meeting. Council Member Keziah moved to continue this public hearing to December 3, 2001 at 6:30 p.m. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 18. Action from Public Hearin2s. A. Public Hearin2 - Project # 01-100-00014 - Conditional Use Permit Request - New Walter Bickett Elementary School - Lancaster Avenue between Kin2swood and Oak Hill Drive - 24.89 Acres - Union County Public Schools - Tax ID # 09-279-043 & 044. No action taken as the public hearing was continued until December 3,2001. B. Project # 01-100-00011 - Conditional Use Permit Request - Accessory Structure With a Home Occupation - 936 Secrest Hill Drive - .923 acres - James Marlow - Tax ID# 09-216- 014 (Public HearinJ! Completed on October 2, 2001). Council Member Keziah moved to continue the public hearing until November 20,2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 19. Presentation of Proposed Transportation Improvement Pro2ram (TIP) Priorities for 2004-2010 and Schedule for Public Input Meetin2. Planning Director Herron reported that staff had presented the proposed priorities for the 2004-2010 NCDOT TIP hearings to the Transportation Committee, and the recommendations from staff and the Transportation Committee were included in the Agenda Packets. Planning Director Herron provided Council with an overview of the proposed TIP priorities and noted that a more detailed overview would be presented at the November 20, 2001 meeting should Council agree to hold a public comment session on the proposed TIP priorities. Planning Director Herron advised Council that the seven proposed highway improvements have not changed since the last TIP request; however, the changes center around the status of each project. . Planning Director Herron reported that the seven highway improvements for TIP as follows: (1) The Western Loop (M. L. King, Jr., Boulevard), (2) Secrest Avenue Extension, (3) Charles 111 Street, (4) Charlotte Avenue, (5a) Airport Road/Goldmine Road, (5b) Rocky River Road, (6) U.S. 601 North, and (7) Northern Loop. Aviation improvements for TIP consisted of the e Monroe Airport, and the Allen Street Connector was identified as a future need. Planning Director Herron noted that there was a list at the end of the packet consisting of several items from the Union County Thoroughfare Plan that benefit the City of Monroe and advised that the Council had chosen to include these items and extend support to the County in their request for TIP funding. Planning Director Herron welcomed questions regarding this issue. e e e e Council Member Kilgore moved to schedule a public comment session on November 20,2001 at 6:30 p.m. Mayor Pro Tem Bazemore 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: Item No. 20. Bud2et Amendments. A. NCDOT Landscape A2reement. City Manager Spell advised that several staff members had met with NCDOT, and following the Council retreat in February, Council forwarded a letter to Board Member Helms requesting landscape improvements along US 74 at the intersections of Concord Avenue and Skyway Drive. City Manager Spell reported that NCDOT staff prepared a plan to do this landscaping with an estimated total cost of $50,000. The NCDOT staffhas asked the City of Monroe to participate in half of the cost, and the NCDOT would participate in the other half. According to the agreement, the City of Monroe would then maintain the landscaped areas upon completion. Staff recommended in favor of this request since the landscaping would enhance these major gateways into the City of Monroe. City Manager Spell recommended that Council authorize staff to send a letter with the City's half participation in the amount of $25,000 and to authorize staff to enter into a municipal agreement pertaining to the maintenance of the landscaping. Council Member Hargett moved to appropriate $25,000 from General Fund Fund Balance for the City's half participation in the landscaping agreement. Council Member Keziah 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: B. Monroe Hh!h School Band Booster Club. Council Member Keziah moved to appropriate $50,000 from the General Fund Fund Balance for the Monroe High School Booster Club and to further consider appropriation of $30,000 from the Fiscal Year 2003 budget to assist Monroe High School with specific expenditures such as unifonns and instruments. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: 112 AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None e NAYS: C. Camp Thunderbird Field Trip. Mayor Pro Tern Bazemore introduced Mr. John Tarlton and asked him to address Council. Mr. Tarlton, a Monroe resident and tutor at Walter Bickett Elementary School, informed Council that the fourth grade class is proposing a three-day trip to Camp Thunderbird for the purpose of educational experiences in such areas as ecology and astronomy. Several methods of fundraising and financial commitments have previously been sought; however, Mr. Tarlton requested that Council contribute the remaining $3,215 needed to participate in this trip. e Mayor Pro Tern Bazemore concurred with Mr. Tarlton's statement and further reported that this kind of educational experience lasts a lifetime for the children involved and is therefore well worth the investment by the City of Monroe. Mayor Pro Tern Bazemore moved to appropriate $3,215 from the General Fund Fund Balance to complete funding for this field trip. 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 e NAYS: Item No. 21. Other Business. Á. Parkin!! on Leawood Drive. Council Member Kilgore advised that several complaints had been received regarding overnight parking on Leawood Drive, which is a dead-end street. Council Member Kilgore requested that the Street Department investigate this situation and consider installing a No Parking sign on the street for late afternoon and night. City Manager Spell will handle with staff. e B. Tree Removal on Haves Property. Ms. Lori Hayes, 1110 Keswick Place, reported that she had previously spoken with City Manager Spell in reference to trees that were cut down in her yard. Ms. Hayes stated that she had returned from work on August 21, 2001 to find that approximately 25 trees in her yard had been cut down, and she briefed Council regarding the details of the situation with Pike Electric Company. Ms. Hayes referenced a letter from Mr. Lucore stating that the utility company would replace the trees that were removed. Ms. Hayes referenced an additional letter dated August 24, 2001 whereby Mr. Lucore stated that they would install plants in her yard not to exceed $300; however, her estimates revealed that these funds would cover only 16 new crepe myrtle trees, which would not sufficiently cover the 230-foot area where the trees were removed. e 113 e e e e e Mayor Pro Tem Bazemore advised that Ms. Hayes' property was a beautiful site before the trees were removed and questioned whether the monetary limit should be a part of the tree replacement. City Manager Spell expressed his understanding for Ms. Hayes' concern; however, he noted that the easement rights and easement trees were acquired at the time the utility company acquired the easement to put the power line through this area. City Manager Spell advised that the tree removal benefits both the utility company and other people served by the distribution line, especially during ice storms. City Manager Spell noted a concern regarding the method used by the subcontractor to trim the trees and expressed staff's desire to work with Ms. Hayes to achieve an acceptable solution to this situation. Mayor Davis confirmed with Ms. Hayes that, according to her estimation, it would take 29 crepe myrtles to satisfactorily replace the trees that were cut down. Mayor Davis therefore suggested that this be done. Council Member Kilgore asked how it was determined that 29 crepe myrtle trees would be sufficient to replace the removed trees. Ms. Hayes responded that they had measured it using an 8- foot separation. Council Member Smith inquired if the 29 crepe myrtles would be satisfactory to Ms. Hayes. Ms. Hayes answered in the affirmative. Council Member Jordan questioned what had been done with the stumps from the removed trees. Ms. Hayes responded that she requested the stumps be removed; however, Mr. Lucore informed her that the stumps would not be removed, and the new crepe myrtle trees would be planted around the stumps. Council Member Keziah expressed a concern that the tree replacement is done in the right manner. City Manager Spell advised that they were attempting to work around the existing stumps in planting the proposed crepe myrtle trees and by mulching the area. Council Member Jordan stated that he did not have a problem if a stump had to be removed ever so often in order to space out the trees properly. City Manager Spell reiterated his concern that a monetary value was set for the tree replacement and cautioned against setting a precedent whereby a utility company would be responsible for the replacement landscaping costs of maintaining a distribution line. Council Member Jordan stated that the method being used to accomplish the work is the primary concern in this case. City Manager Spell reported that there was an issue with the size of the trees and their incompatibility within 10-20 feet of the power line. Furthermore, City Manager Spell advised 114 e e e e e that the best solution to the situation was a low-story tree such as the crepe myrtle and noted that it was difficult to meet the needs of both the utility company and the homeowner. Council Member Jordan asked whether the trees or the utility lines were there first. Mayor Pro Tem Bazemore responded that the trees were there first. Council Member Jordan further noted that if the utility lines were put there at a time when the trees were manageable, then perhaps the trimming should have occurred on a more regular basis to keep them from getting to a point where they were unmanageable. Mayor Pro Tem Bazemore recommended that this issue be resolved by making the needed corrections and not worrying about a monetary value for replacement. Council Member Smith recommended removing stumps if they are in the way of planting replacement trees. City Manager Spell expressed understanding of the direction of Council and suggested that guidelines be established to address such situations. Council Member Keziah recommended referring this Issue to the Environment and Water Resources Committee to detennine policy. Council Member Hargett recommended a letter be written to Pike Electric Company expressing displeasure for the method in which this issue was handled. Council Member Smith asked if this satisfied Ms. Hayes. Ms. Hayes confinned that this solution was acceptable. Item No. 22. Closed Session - Property ACQuisition. Council Member Keziah moved to go into Closed Session to discuss property acquisition. Mayor Pro Tem Bazemore 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: Item No. 23. Monroe Country Club - Golf Privile2:es. Council Member Kilgore made a motion that retired City employees be able to play golf at Monroe Country without paying a fee. Mayor Pro Tem Bazemore second 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: 115 e e e e e City Manager Spell will have staff advise retirees of this new benefit. There being no further business, Council Member Keziah moved to adjourn. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Regular City Council Meeting of November 6,2001 adjourned at 7:40 p.m. Attest: ~-M~ ~--'- Jeanne M. De e, City Clerk Minutes transcribed by Donna Helms, Office Administration Contractor 11-06-01 116 cf4tJ7vV L. Davis, Mayor <c: ABSTRACT OF VOTES MUNICIPAL ELECTION October 9, 2001 THE UNION COUNTY BOARD OF ELECTIONS HAVING OPENED, CANVASSED, AND JUDICIALLY DETERMINED THE ORIGINAL RETURNS OF THE( MUNICIPAL) ELECTION IN THE PRECINCTS IN THE COUNTY, HELD AS ABOVE STATED, DO HEREBY CERTIFY THAT THE ATTACHED RESULTS IS A TRUE ABSTRACT THEREOF, AND CONTAINS THE NUMBER OF LEGAL BALLOTS CAST IN EACH PRECINCT FOR EACH OFFICE NAMED, THE NAME OF EACH PERSON VOTED FOR, AND THE NUMBER OF VOTES GIVEN FOR EACH PERSON FOR THE OFFICE NAMED. E-< H ¡:Q H ::x:: Þ<: ~ THIS 12TH DAY OF OCTOBER, 2001 STATE OF NORTH CAROLINA COUNTY OF UNION IN TESTIMONY WHEREOF,I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARY SEAL, THIS 12, DAY OF OCTOBER, 2001. L)~ ~ ~ NOTARY MY COMMISSION EXPIRES () f' WuA' '"J) -¿ooS- e e e e e w 0.... D:o Zo o~ ~~ u. CD o.g >ü 1-0 Õ (\ C\l0 C\I 0 ~ ~ (0) 0 ~ 0 (0)0 0 "'"0 ~ 0 (0) ~ 0 0 ~ ~ C\l0 CO "'"~ (0) .... "'" CO .... 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CO') "'" - e N "'" - en CO') - o CO') - III N - CO') N - e o ;; ,... - CO - III - "'" - e CO') - N - ~ - ...I c( I- o I- e e ABSTRACT OF VOTES CITY OF MONROE We the members of the Union County Board of Elections, do hereby certify that we met in the Union County Board of Elections on October 12, 2001 and did canvass the original returns of the votes cast for MAYOR AND COUNCIL at the regular municipal elections on October 9,2001 and the abstract is a true and correct tabulation thereof: , Chairman ~~A () ~dsecreta~ ~~€ _____ . Memb" e e e -