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03/04/2008 Reguar City Council Meeting- _,~ CITY OF MONROE REGULAR CITY COUNCIL MEETING ~ 300 W. CROWELL STREET, MONROE, NC 28112 C MARCH 4, 2008 - 6:30 P.M. AGENDA www.monroenc.org 1. Cis A. B. C. D. (~ E. F. ;y Manager Comments Water Supply Update Monroe Rotary Club Western Zone Water Tank Project Old Armory Renovations Tree City USA Award Benefit Dinner for the Family of Firefighter Chuck Porter CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non-controversial and routine. The Consent Agenda is acted upon by one motion and vote .of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen. The Consent Agenda contains the following items: 2. Approval/Acceptance of Minutes A. Minutes of Regular City Council Meeting of February 19, 2008 B. Minutes of Special City Council Meeting of February 29, 2008 C. Minutes of Community Appearance Commission Meeting of December 17, 2007 D. Minutes of Historic District Commission Meeting of January 14, E. Minutes of Public Safety Committee Meeting of February 20, 2008 F. Minutes of Union County Historic Preservation Commission Meeting of February 5, 2008 3. Ordinance to Amend Fees Schedule to Add Fees for T-Hangars at Charlotte-Monroe Executive Airport 4. Consideration of Annexation Request by City of Monroe for 1.016 Acres Located off Rocky River Road and Deer Track Lane A. Resolution Directing Clerk to Investigate Petition Received Under G.S. 160A-31 B. Certificate of Sufficiency C. Resolution to Call for Public Hearing to be Held March 18, 2008 5. Call for Public Hearings to be Held March 18, 2008 A. Initial Zoning request for 1.016 acres located off North Rocky River Road and Deer Track Lane from Union County RA-40 to Conditional District "City of Regular City Council Meeting Mazch 4, 2008 Page 74 Monroe Water Tower" B. Zoning Map Amendment Request from R-20 (Residential Low-Density) to Conditional District "Windy Ridge Phase V" for 22 Single-Family Residential Units on Goldmine Road C. Zoning Text Amendment Request to Adopt Two Flood Insurance Rate Map Panels and to Amend the City's Floodplain Ordinance 6. Summary of Contracts Awarded Pursuant to 0-2001-17, Change Orders Approved Pursuant to R-2000-76, and Authority of City Manager to Settle Certain Claims Pursuant to 0-2004-27 REGULAR AGENDA Public Hearings -Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups. 7. Consideration of Annexation Request by Union County Public Schools for 32.295 Acres Located on Rocky River Road -Rocky River Elementary School A. Public Hearing B. Action -Ordinance to Extend Corporate Limits 8. Initial Zoning Request to R-40 (Residential Low Density) for Rocky River Elementary School on Rocky River Road A. Public Hearing B. Action -Zoning Map Amendment C. Resolution of Land Development Compliance - Initial Zoning of R-40 (Residential-Low Density) for "Rocky River Elementary School" 9. Zoning Map Amendment Request for Property Located at 1707 Morgan Mill Road from GI (General Industrial) to Conditional District "North Square Six" (formerly "Tortilleria 3 Marias") A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "North Square Six" 10. Update on Presbyterian Medical Plaza -Monroe 11. Consideration of Budget Amendment -Utility Billing Service Representative 12. Fee Waiver Request by Operation Reach-Out Regular City Council Meeting Mazch 4, 2008 Page 75 13. Public Comment Period A. Ms. Shirley Kooistra - H.E.L.P. Crisis Pregnancy Center B. Mr. Craven Mangum 14. Closed Session - N.C.G.S. 143-318.11(a)(3) Potential Litigation and N.C.G.S. 143- 318.11(a)(5) (~ Regular City Council Meeting March 4, 2008 Page 76 CITY OF MONROE REGULAR CITY COUNCIL MEETING MARCH 4, 2008 - 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 March 4, 2008 with Mayor Bobby G. Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah, Dottie Nash, Robert J. Smith, City Manager F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Roland Bibeau, Fairy Boyce, Doug Britt, Jason deBruyn, Mark Donham, Debra C. Duncan, Jim Fatland, Ron Fowler, Debbie Greene, Wayne Herron, Modene Howey, Shirley Kooistra, Clint Lawrence, Craven Mangum, Don Mitchell, Tara Quinn, Lisa Stiwinter, and others. __ Mayor Kilgore called the Regular City Council Meeting of March 4, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. City Mana;?er Comments. City Manager Meadows briefed Council on the following items: A. Water Supply Update. The City currently has a 200 day supply in the reservoir which is about 55% of the full capacity. Staff will begin looking at recommending.to Council that they revert from Stage 2A to Stage 2. B. Monroe Rotary Club. City Manager Meadows thanked the Monroe Rotary Club for their assistance on Saturday in helping cleanup the area around Lake Twitty. C. Western Zone Water Tank Protect. The bids for the water tank project on Rocky River Road and Highway 84 will be open on Thursday. The City has acquired the property and is moving ahead with this project. D. Old Armory Renovations. Renovations to the Old Armory facility are underway. Repairs are currently being made to the roof and the interior. Regular City Council Meeting March 4, 2008 Page 77 E. Tree City USA Award. City Manager Meadows advised that the City has received the Tree City USA Award. This is the 27~' year the City has received this award. F. Benefit Dinner for the Family of Firefighter Chuck Porter. The Charlotte Checkers Hockey Team is sponsoring a fundraiser during their "Salute to the Heroes" night on March 8 to help raise funds for City of Monroe Firefighter Chuck Porter and his family. The fundraiser is to help the family with medical and other expenses related to their daughter's medical condition. Medical care for their daughter requires 12 trips to a specialist in New York for treatment. CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if zany member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 2. ApprovaUAcceptance of Minutes. A. Minutes of Regular Citv Council Meeting of February 19, 2008. Council Member Nash moved to approve the Minutes of the Regular City Council Meeting of February 19, 2008. Council Member Smith seconded the motion, which passed unanimously with the following _, votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of Special City Council Meeting of February 29, 2008. Council Member Nash moved to approve the Minutes of the Special City Council Meeting of February 29, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Minutes of Community Appearance Commission Meeting of December 17, 2007. Minutes of the Community Appearance Commission Meeting of December 17, 2007 were received as information by Council. D. Minutes of Historic District Commission Meeting of January 14, 2008. Minutes of the Historic District Commission Meeting of January 14, 2008 were received as information by Council. Regulaz City Council Meeting Mazch 4, 2008 Page 78 E. Minutes of Public Safety Committee Meeting of February 20, 2008. Minutes of the Public Safety Committee Meeting of February 20, 2008 were received as information by Council. F. Minutes of Union County Historic Preservation Commission Meeting of February 5, 2008. Minutes of the Union County Historic Preservation Commission Meeting of February 5, 2008 were received as information by Council. Item No. 3. Ordinance to Amend Fees Schedule to Add Fees for T-Hangars at Charlotte- Monroe Executive Airport. Economic Development and Aviation Director Chris Plate advised by memorandum that in an attempt to increase the taxable value of the aircraft located at the ~-1 Charlotte-Monroe Executive Airport, the City purchased ten existing T-Hangars and built ten new T-Hangars. Mr. Plate advised that now that the purchase and construction prices were confirmed, staff was able to recommend the appropriate pricing to cover debt service and allow the airport to generate revenue. This rate was discussed and was the consensus at the last regularly scheduled meeting of the Airport Commission. Staff recommended that Council adopt an Ordinance to amend the Fees Schedule to add monthly rental rates for the T-Hangars at Charlotte-Monroe Executive Airport. Council Member Nash moved to adopt Ordinance 0-2008-12: ,~'~`~ ORDINANCE TO AMEND t( ` THE CITY OF MONROE FEES SCHEDULE 0-2008-12 BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Fees Schedule be amended as follows: CHAPTER I. ADMINISTRATIVE ARTICLE A. MISCELLANEOUS Section l0..Airport Add: .DESCRIPTION FEE.'.". Monthl T-Han ar Hangar T-A $370 Han ar T-A Corner Unit) $395 Hangar T-B $395 Adopted this 4`" day of March, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting March 4, 2008 Page 79 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Call for Public Hearings to be Held March 18, 2008. A. Initial Zoning request _for 1.016 acres located off North Rockv River Road and Deer Track Lane from Union County RA 40 to Conditional District "Gifu of Monroe Water Tower." Council Member Nash moved to call for a public hearing to be held on March 18, 2008 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 Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Zoning Man Amendment Reauest from R-20 (Residential Low-Densitvl to Conditional District "Windy Ridge Phase V" for 22 Single-Family Residential Units on Goldmine Road. Council Member Nash moved to call for a public hearing to be held on March 18, 2008 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 Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Zoning Text Amendment Request to Adont Two Flood Insurance Rate Man Panels and to Amend the City's Floodplain Ordinance. Council Member Nash moved to call for a public, hearing to be held on March 18, 2008 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 Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Summary of Contracts Awarded Pursuant to 0-2001-17, Change Orders Annroved Pursuant to R-2000-76, and Authority of Citv Manarser to Settle Certain Claims Pursuant to 0-2004-27. City Manager Meadows advised by memorandum the award of contracts pursuant to Ordinance 0-2001-17 (Ordinance Delegating Authority to the City Manager with Respect to Certain Contracts), Change Orders pursuant to Resolution R-2000-76 (Resolution to Delegate Authority to City Manager to Approve Change Orders in the Amount Allowed by N.C. General Statutes), and City Manager Settlement of Claims pursuant to 0-2004-27. The following is a summary of contracts recently awarded under authority of 0-2001-17: Regular City Council Meeting Mazch 4, 2008 Page 82 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 4. Consideration of Annexation Request by City of Monroe for 1.016 Acres Located off Rocky River Road and Deer Track Lane. A. Resolution Directing Clerk to Investigate Petition Received Under G.S. 160A-31. Council Member Nash moved to adopt Resolution R-2008-23: RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 1.016 ACRES OFF ROCKY RIVER ROAD AND DEER TRACK ROAD CITY OF MONROE WATER TOWER ANNEXATION R-2008-23 WHEREAS, a petition requesting annexation of an area describe_ d in said petition was received on February 6, 2008 by the City Council; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Monroe deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe that the City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the City Council the result of her investigation. Adopted this 4`h day of March, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Certificate of Sufficiency. The City Clerk presented the Certificate of Sufficiency by memorandum: I, Bridgette H. Robinson, City Clerk, do hereby certify that I have investigated the petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. 160A-31. /s/Bridgette H. Robinson, City Clerk Said Petition is hereby incorporated as a part of these Minutes as "Exhibit A." Regular City Council Meeting March 4, 2008 Page 80 C. Resolution to Call for Public Hearinil to be Held March 18, 2008. Council Member Nash moved to adopt Resolution R-2008-22: RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 R-2008-22 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition has been made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, North Carolina that: Section 1. A public hearing on the question of annexation of the area described herein will be held at the City Hall Council Chambers at 6:30 p.ln. on March 18, 2008. Section 2. The area proposed for annexation is described as follows: CITY OF MONROE WATER TOWER LEGAL DESCRIPTION OF 1.016 ACRE ANNEXATION THE PROPERTY OF UNION COUNTY BEING A PORTION OF TAX PARCELS 09-378-012E One parcel in Monroe Township, Union County and more particularly described as follows: Commencing at NCGS Monument "EQY A", having North Carolina grid coordinates north 468,168.52 feet, East 1,517,264.68 feet: thence, S02°50'17"W 17,035.20 feet (grid distance); 17,037.62 FEET (GROUND DISTANCE), COMBINED GRID FACTOR 0.99985787, to a set iron rod, having North Carolina grid coordinates north 451,154.22 feet, east 1,516,421.19 feet, said iron lying NOS°02'02"E, a distance of 40.00 feet from the northeastern most corner of Joshua J. and Tracey C. Jolly as recorded in Deed Book 1584 page 24 in the Union County Register of Deeds, and being the POINT OF BEGINNING of the tract herein described; thence N84°57'58"W, a distance OF 276.65 feet to a set iron rod; thence SOS°02'02"W, a distance of 159.97 feet to a found #4 rebar along the northern most boundary of Peter and Renee F. Baretsky as recorded in Deed Book 812 page 129 in said registry, said Baretsky property being lot 128 of Rocky River Estates as recorded in Plat Cabinet C, File 616 and Plat Cabinet C, File 839 in said registry; thence, with the northern most boundaries of lots 128, 129 & 130 of said Rocky River Estates; N84°57'58"W, a distance of 276.64 feet to a found #5 rebar at the northeastern margin of a 50' future right of way as shown on said Rocky River Estates Plates said rebar also marking a southeastern corner of said Jolly property; thence, with the eastern boundary of said Jolly, NOS°02'02"E, a distance of 159.97 feet to the POINT OF BEGINNING. Containing 44,254 square feet or 1.016 acres, more or less. Section 3. Notice of the public hearing shall be published in The Enquirer-Journal, a newspaper having general circulation in the City of Monroe, at least ten (10) days prior to the date of the public hearing. Adopted this 4`h day of March, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting March 4, 2008 Page 81 Date Name Pur ose Amount 02/06/2008 Integra Realty Resources Appraisal of real estate considered for *$4,000 acquisition by the City for use by the Monroe Regional Ai ort 02/07/2008 Tadlock Stump Removal Grind 107 stumps at Monroe Country Club *$1,500 Golf Course 02/08/2008 Booth & Associates, Inc. SCADA U rade $105,000 02/08/2008 Bidencope & Associates Real Estate Appraisal Services for Monroe $5,500 Regional Air ort 02/08/2008 Booth & Associates, Inc. For transmission line rotective rela in $275,000 02/11/2008 TechnoCom For co iers - cit wide $82,500 2/14/08 The Rockefeller Group Proposal for Expansion Application and $50,000 General Consultin Services 02/15/2008 Hobbs, Upchurch, and- Skyway Shopping Center Easement Plat *$2,100 Associates Surveys ~wpprovea by llepartment lluector There were no Change Orders or Settlement Claims. This item was received as information of Council only and no action was required. REGULAR AGENDA Item No. 7. Consideration of Annexation Request by Union County Public Schools for 32.295 Acres Located on Rocky River Road -Rocky River Elementary School. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Assistant Director of Planning and Building Standards Lisa Stiwinter stated that this was a request by the Union County Public Schools (UCPS) for annexation of 32.295 acres located on Rocky River Road, which is the site of Rocky River Elementary School. UCPS is seeking the annexation to gain access to City of Monroe utilities and services. The property is contiguous with the City of Monroe and does not lie within the City's extra-territorial jurisdiction. Staff, Annexation Committee, and Planning Board recommend approval of this annexation. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Ordinance to Extend Corporate Limits. Council Member Keziah moved to adopt Ordinance 0-2008-10: ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF MONROE, NORTH CAROLINA 0-2008-10 WHEREAS, the City Council has been petitioned under G.S. 160A-31 to annex the area described below; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the sufficiency of the petition; and Regulaz City Council Meeting March 4, 2008 Page 83 WHEREAS, the City Clerk has certified the sufficiency of the; petition and a public hearing on the question of this annexation was held at the City Hall Council Chambers at 6:30 p.m. on March 4, 2008, after due notice by publication on February 22 and February 29, 2008; and WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A-31; and WHEREAS, the City Council further finds that the petition has been signed by all the owners of real property in the area who are required by law to sign; and ~ WHEREAS, the City Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the City of Monroe and of the area proposed for annexation will be best served by annexing the area described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the City of Monroe as of March 4, 2008: ROCKY RIVER ELEMENTARY SCHOOL I LEGAL DESCRIPTION OF 32.295 ACRE ANNEXATION THE PROPERTY OF UNION COUNTY HAVING ROAD FRONTAGE ON ROCKY RIVER ROAD AND BEING ALL OF TAX PARCELS 09-348-013 Being in North Carolina, Union County, Monroe Township, BEGINNING at an existing railroad spike in the center of Rocky River Road (SR 1007), said spike being the southwest corner of now or formerly the Earnest L. Rybolt property recorded in Record Book 907, Page 287 in the Union County Registry, and the northwest corner of now or formerly the Union County property recorded in Record Book 4225, Page 389 in the Union County Registry: thence leaving the right-of--way of the said Road and with the said Rybolt property and the said County property N 61° 46' 31" E, 36.09 feet to an existing iron pipe, said pipe being on the eastern right-of--way line of Rocky River Road; thence with the said Rybolt property and the said County property two (2) calls as follows: 1) N 61° 46' 31" E, 1,967.47 feet to an existing iron pipe; 2) S 63° 30' 25" E, 29.14 feet to an existing iron stake, said stake being the northwest corner of now or formerly the Katherine McGee Cox property recorded in Record Book 756, Page 599 in the Union County Registry; thence with the said Cox property and the said County property S18° 18' 03" W, 266.51 feet to an existing iron stake, said stake being the northwest corner of now or formerly the Donald Cox Griggs Revocable Trust property recorded in Record Book 545, Page 805 in the Union County Registry; thence with the said Trust property and the said County property S 18° 18' 03" W, 740.00 feet to an existing iron stake, said stake being the northwest corner of now or formerly the Tommy H. Hinson property recorded in Deed Book 331, Page 214 in the Union County Registry; thence with the said Hinson property and the said County',property S18° 18' 03" W, 350.12 feet to an existing iron stake, said stake being the northwest corner of now'or formerly the William Malcolm Thomas property recorded in Record Book 3915, Page 465 in the Union County Registry; thence with the said Thomas property and the said County property S18° 17' 07" W, 175.02 feet to a existing iron pipe, said pipe being the northeast corner of now or formerly the Harris Teeter Properties, LLC property recorded in Record Book 3830, Page 784 in the Union County Registry and said pipe being on the existing city limits of the City of Monroe; thence with the said LLC property and the said County property and the existing city limits of the City of Monroe two (2) calls as follows: 1) N 87° 03' 44" W, 1,318.49 feet to a new iron pipe on the right-of--way of Rocky River Road; 2) N 87° 03' 44" W, 30.00 feet to a computed point in the center of Rocky River Road (SR 1007); thence leaving the existing city limits of the City of Monroe and with the said County property and with the center line of the said road curving to the right having an arc length of 470.71 ^ `( 1 feet and a radius of 14,220.47 feet and a chord bearing and distance of N 4° 38' 11" E, 470.68 feet, to the Point and Place of Beginning and containing 32.295 acres more or less as .shown and depicted on a play by John W. Willis, Jr., NCPLS and titled: "Annexation Boundary for the Citv,of Monroe the Property of Union Regular City Council Meeting March 4, 2008 Page 84 County Schools New Elementary School "I"" and dated September 7, 2007, last revised January 11, 2008 and recorded in Plat Cabinet ,File in the Union County Registry. Section 2. Upon and after March 4; 2008, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Monroe and shall be entitled to the same privileges and benefits as other parts of the City of Monroe. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the City of Monroe shall cause to be recorded in the office of the Register of Deeds of Union County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Union County Board of Elections, as required by G.S. 163-288.1. ~I, Adopted this 4t" day of March, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 8. Initial Zoning Request to R-40 (Residential-Low Density) for Rockv River Elementary School on Rockv River Road. A. Public Hearing. Mayor Kilgore opened the duly adve ~ ised public hearing. Assistant Director of Planning and Building Standards Stiwinter stated that this was a request to zone 32.295 acres (the site of the Rocky River Elementary School) to R-40 (Residential-Low Density). Staff and Planning Board recommend approval of the zoning request. There being no other speakers, Mayor Kilgore closed the public 'hearing. B. Action -Zoning Map Amendment. Mayor Pro Tem Bazemore moved BE IT ORDANIED that this property be zoned R-40 (Residential-Low Density). Council Member Keziah seconded the motion, which unanimously passed with the following voted AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Action -Resolution of Land Development Compliance -Initial Zoning of R-40 (Residential-Low-Density) for "Rocky River Elementary School." Mayor Pro Tem Bazemore moved to adopt Resolution R-2008-21: i RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE INITIAL ZONING OF R-40 (RESIDENTIAL LOW-DENSITY) FOR "ROCKY RIVER ELEMENTARY S~,CHOOL" R-2008-21 i I~ Regulaz City Council Meeting ~ March 4, 2008 i ' Page 85 I WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Initial Zoning of Rocky River Elementary School and further desct~ibed below is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for the following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, does further the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City (Council of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Number: 09-348- 013. Adopted this 4`" day of March, 2008. ~' Council Member Keziah seconded the motion, which unanimously passed with the following votes: ~i AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 9. Zoning Map Amendment Request for Property Located at 1707 Moran Mill Road from GI (General Industrial) to Conditional District "North Square Six" (formerly "Tortilleria 3 Marias"). Mayor Kilgore opened the duly advertised public hearing. Planner Fairy was a zoning map amendment request bey David McInnis for 0.344 of an Morgan Mill Road from GI (General Industrial) to Conditional District Ms. Boyce advised that the applicant was requesting a conditional district add a small retail operation to the existing tortilla factory. The retail -- A. Public Hearing. Boyce stated that this acre located at 1707 "North Square Six." rezoning in order to operation will be open to the general public. Ms. Boyce stated that adjacent properties are zoned GI (General Industrial) and Conditional District "Stack Business Center." All landscaping requirements including streetscape buffers, parking lot landscaping, and screening buffers will be provided in accordance with the Unified ' Development Ordinance. Staff and Planning Board recommended approval of the request. There being no other speakers, Mayor Kilgore closed the public hearing. B. Zoning Map Amendment. Council Member Keziah moved BE IT ORDANIED that this property be rezoned from GI (General Industrial) to Conditional District Council Member Smith seconded the motion, which unanimously passe votes: ~, AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None II Regular City Council Meeting March 4, 2008 Page 86 "North Square Six." d with the following C. Action -Resolution of Land Development Compliance -Conditional District "North ~'1 Square Six." Council Member Keziah moved to adopt Resolution R-2008-20: i RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "NORTH SQUARE SIX" R-2008-20 '~ WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "North Square Six" and further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. ~ NOW, THEREFORE, BE IT RESOLVED that the City ~iCouncil of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Number: 09-188- 118. Adopted this 4`h day of March, 2008. Council Member Smith seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 10. Update on Presbyterian Medical Plaza - ;Monroe. Mr. Roland Bibeau, Administrator, updated Council on the status of the Presbyterian Medical Plaza. Mr. Bibeau shared with Council pictures of the proposed buildings as well as a listing of the various medical tenants that will be located in this complex. He also shared with Council information on financial accessibility and financial assistance for the uninsured.. /~ 11C111 1\V. 11. 1. V11SlUCi-i111V11 Ul DUU}~'Cl t1lllClllilll Clll - V llllly; Dllllll}~' ~7CCV1l:C ACpI~CSCIILd L1V C. tr ~ City Manager Meadows stated that this matter had been on 'an earlier agenda and had been tabled. The matter was brought up on an additional agenda and staff recommended that the matter be revisited during budget discussions and that the Finance Director review the matter. City Manager Meadows stated that he was reminded after the February 19, 2008 Council Meeting that the Customer Service Committee had brought this forward as a unanimous recommendation that this position be considered. He advised that since the last meeting, Assistant City Manager Mark Donham and Finance Director Jinn Fatland had met and spent time in Utility Billing and in Customer Service to look at the entire operation. City Manager Meadows advised that staff was bringing the matter back for consideration with a ~1 recommendation to move forward. Council Member Keziah moved to adopt Budget Amendment BA-2008-07: i Regular City Council Meeting Mazch 4, 2008 Page 87 BUDGET AMENDMENT BA-2008-07 1. Amendment necessary to fund changing apart-time position in the Billing Division into a fulltime position in the Billing Division: Water and Sewer Fund: Revenues: Appropriation_ of Fund Balance $7,400 Expenses: Transfer to General Fund Billing Division ~ $7,400 Electric Fund: ~"1 Revenues: Appropriation of Fund Balance ~ $6,200 Expenses: Transfer to General Fund Billing Division $6,200 Natural Gas Fund: Revenues: Appropriation of Fund Balance $6,400 Expenses: Transfer to General Fund Billing Division 'i $6,400 ~"'~ General Fund: t( 1 Revenues: Transfers from Water and Sewer, Electric, `- and Natural Gas Funds $20,000 Expenditures: General Government $20,000 Adopted this 4`" day of March, 2008. Mayor Pro Tem Bazemore seconded the motion. Council Member Jordan stated that he was going to vote fors the position; however, the only reason he was voting for it was because it was a recommendation from the Customer Service Committee. The motion unanimously passed with the following votes: i AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 12. Fee Waiver Request by Operation Reach-Out. Assistant City Manager Wayne Herron advised that Operation Reach-Out was anon-profit organization that distributes food to the elderly, disabled and low-income families on a weekly basis. The organization also provides clothing vouchers, furniture and household items and occasional fuel for single parents and low Regulaz City Council Meeting Mazch 4, 2008 Page 88 income families. Mr. Herron advised that Operation Reach-Out was proposing to construct a building to house donations received for distribution to families in need within the City of Monroe and Union County and was requesting a waiver for the building permit fees in the amount of $641. Ms. Modene Howey stated that this warehouse would be to house donations and distribution for Operation Reach-Out. She stated that in addition to providing'. donations, Operation Reach-Out also helped pay utility bills for individuals. She requested that Council approve this request. Mayor Pro Tem Bazemore moved to waive the building permit fees in the amount of $641 for Operation Reach-Out. Council Member Smith seconded the motion, which passed unanimously with the following votes: I AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None Item No. 13. Public Comment Period. A. Nash, >r Kilgore Ms. Shirley Kooistra, Project Coordinator for H.E.L.P. Crisis Pregnancy Center addressed Council advising that the Center would like to construct a family center which would provide a place where community meetings could take place and many sub-cultures could meet and find ways to work together to better the community. Ms. Kooistra provided Council with an overview of items that their agency provided in 2007. Ms. Kooistra requested assistance from the City for waiver of the connection fees for sewer and water for the Helping Hands clothing ministry building and the H.E.L.P. Family Center building. She also requested that Council consider a grant of $100,000 to build the Helping Hands building, which would include paying off the duplex adjacent to the current Crisis Pregnancy Center. B. Mr. Craven Mangum. Mr. Craven Mangum, President of Yorkshire Homeowners' Association, stated that it was his understanding that when the work was completed on Secrest Shortcut Road, the sidewalks would be replaced. He stated that the existing sidewalk was currently being replaced and requested that Council consider extending the sidewalk to the Yorkshire development. I, Consensus of Council was to refer this matter to the Transportation Committee for review. Item No. 14. _Closed Session - N.C.G.S. 143-318.11(a)(3) Potential LitiEation N.C.G.S. 143- 318.11(a)(5). Council Member Nash moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) Potential Litigation and N.C.G.S. 143-318.1~1(a)(5). Council Member Smith seconded the motion, which passed unanimously with the following votes: Regulaz City Council Meeting Mazch 4, 2008 Page 89 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None There being no further business, the Regular City Council Meeting of March 4, 2008 adjourned at 7:45 p.m. 'I i G~L~ Attest: obby G. 'gore, Mayor c~rivf~-etf~ ~'~'; ~]4o~1VISdY1 Bri gette H. Ro inson, City Clerk _~ OF Mn _ 8 :~Y Regular City Council Meeting March 4, 2008 Page 90 Regular City Council Meeting March 4, 2008 Exhibit "A" Page 1 oJl r ' ~"' /- ~ P (opoar~°O ~i F Yi ®~ 1~1~1~~®~. Pe~ti®>~ ~2e~>~aes~ang Anne~at~®>r~ DATE: 1 /29/08 To the City Council of the City of Monroe: i 1. f/1lVe the undersigned owner(s) of real property respectfully request that the area described in Item 2 below be annexed to the City of Monroe. Furthermore, live do declare and certify that all legal owners of real property in the annexation area have signed this petition in Item 3 below. ~ 2. The area to be annexed is (choose one): O Contiguous to the primary corporate limits of the City of Monroe. A complete and accurate legal description of the property and a recently prepared survey map are attached. OR ® ~ Not contiguous to the primary corporate limits of the City of Monroe. A complete and accurate legal description of the property, a recently prepared survey map, and a map showing the area proposed for annexation in relation. to the primary corporate limits of the City are attached. In addition, I/we certify that: (A) The nearest point of the properly to be annexed is no more than three miles from the primary corporate limits of the City of Monroe; and (B) No point of the property to be annexed is closer to the primary corporate limits of another city than to the primary corporate limits of the City of Monroe; and ~ (C) The property to be annexed is not a subdivision as defined by N.C.G.S. 160A-376 or if it is that the entire subdivision as defined by this statute is included in the proposed annexation area. 3. I/V11e acknowledge that any zoning vested rights acquired pursuant to G.S. 160A-385.1 or G.S. 153A-344.1 must be declared and identified on this petition. IIWe further acknowledge that failure to deciare such rights on this petition shall result in a termination of vested rights previously acquired for the property. If zoning vested rights are claimed, indicate below and attach proof (copy of a valid building permit, conditional use permit, etc.) Vested Name lease a or tint Address lease or rint Rights? " es or no Si nature Russell G. Colbath for the PO Box 69 Monroe, NC 28111-0069 No . City of Monroe ~ 1 .... ' .~ E l 6 F~ "Jf IVI~fV rl +~~ 1 i r„_..~.___.----- s ~ 2~~r: ~g n F s ~, a ~~~~~~ *lf you answer yes, you must attach a detailed description off the right yo are clai~6~se yo will forfeit this right within the City. Number and attach additional pages as needed. Indicate here how many pages are attachedd.• 0 0...... ~{ ..f Z ..... ... ....... ...... ... -.... ..... ..... .. - -... .........-..