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04/01/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 APRIL 1, 2008 - 6:30 P.M. AGENDA www.monroenc.or;? 1. Police Department Recognitions A. Police Officer II Advancement- Detective Javier Villarreal B. Master Police Officer I -Officer Renee Hower C. Promotion -Lieutenant Charles Mark Coan 2. Naming of Facilities A. Richard M. Helms Public Safety Center B. Carle Wolfe Range C. Bobby Kilgore Law Enforcement Training Center 3. Moment of Silence. 4. Resolution for Veteran Government Bond, Stamp, and Coin Program 5. City Manager Comment - "Pigs in the Park" Barbeque 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: . 6. Approval/Acceptance of Minutes (~ A. Minutes of Historic District Commission Meeting of February 11, 2008 B. Minutes of Land Development Committee Meeting of February 28, 2008 C. Minutes of Environment and Water Resources Committee Meeting of January 29, 2008 7. Reimbursement Resolution for Capital Improvements at Charlotte-Monroe Executive Airport 8. Budget Amendments A. Appropriate Funds for Asbestos Abatement for 302 South Washington Street B. Appropriate Funds for Demolition and Removal for 902 East Franklin Street 9. Award of Bid for Electric Department Bucket Truck Regular City Council Meeting April 1, 2008 Page 126 10. Award of Contracts A. Lake Lee Pump Equipment Replacement B. Fiscal Year 2008 Audit Contract .__ 11. Self-Contained Breathing Apparatus A. Request to Waive Formal Bid Process B. Approval of Piggyback Purchase 12. Call for Public Hearing to be Held April 15, 2008 for an Economic Development Incentive Grant for a Confidential Company 13. 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. /~'~ 14. Capital Project Budget Ordinance for Airport Improvement Projects 15. Zoning Map Amendment Request by Couchell Investment Company for Property Located at 386 East Roosevelt Boulevard from GB (General Business) to Conditional District "GB Couchell" (Tabled to May 6, 2008) A. Public Hearing B. Action 16. Zoning Text Amendment Request for Standardized Zoning Regulations for Union County Public Schools to Amend Section 156.110 of the Unified Development Ordinance Titled "Table of Permissible Uses" to Allow "Public Schools by Right" and to Add Section 156.04 to the Land Development Plan Titled "Institutional Uses" to Add - the Actual Design Regulations A. Public Hearing B. Action 17. Public Comment Period Regulaz City Council Meeting April 1, 2008 Page 127 CITY OF MONROE REGULAR CITY COUNCIL MEETING APRIL 1, 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 April 1, 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: Craig Bradshaw, Mike Fain, Javier Villarreal, Richard Hutchinson, Gail Hicks, Cecil Hodge, Jeff Furr, Dennis Nash, Davey Plyler, Jeff Pressley, Kenny Hower, Ronnie Horne, Christopher Couchell, Chris Helms, Todd Sherwood, T.J. Goforth, Bobby Manus, Michelle Shoultes, Norma Kilgore, Kenneth Hower, Jaycee ,~'"~ Hower, Makenna Hower ,Jim Garwood, Ann Garwood, Wanda Wolfe, P.D. (\ , Caskey, DeAnne Coan, Shirley Secrest, Allyssa Coan, David Settlemyer, Charles _ Denny, Garland Denny, Russ Colbath, Chris Plate, Mark Donham, Bruce Bounds, Debra C. Reed, Lisa Stiwinter, Jan Ball, Debra C.. Duncan, Ron Fowler, Wayne Herron, Jim Fatland, Debra Korb, and others. Mayor Kilgore called the Regular City Council Meeting of April 1, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Police Department Reco:rnitions. A. Police Officer II Advancement -Detective Javier Villarreal. Police Chief Debra Duncan recognized Detective Javier Villarreal for receiving his Police Officer II advancement. B. Master Police Officer I -Officer Renee Hower. Police. Chief Debra Duncan recognized Officer Renee Hower for receiving her Master Police Officer I advancement. C. Promotion -Lieutenant Charles Mark Coan. Mayor Kilgore administered the Oath of Office to Charles Mark Coan: I; Charles Mark Coan, solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge Regular Ciry Council Meeting April 1, 2008 Page 128 and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/ Charles Mark Coan Item No. 2. Naming of Facilities. A. Richard M. Helms Public Safety Center. Chief Duncan stated that the range and building were located at the Fire and Police Training Complex located on Quarry Road. She provided a brief history on the complex advising that in October 1993, Council adopted a Resolution honoring Captain Richard Helms for his 23 years service to the Public Safety Department and naming the facility the "Richard M. Helms Public Safety Law Enforcement Center." She advised that Captain Helms was the Administration Captain who was responsible for all of the training for the members of the Monroe Public Safety Department. Chief Duncan stated that the Public Safety Committee was proposing that the whole facility, both Police and Fire, be named the "Richard M. Helms Public Safety Center." B. Carl Wolfe Range. Chief Duncan stated that last year Council mandated that the firing range be updated and a classroom be added. She stated that a lot of work had gone into the firing range. She thanked Council Member Nash for taking the initiative to move the project forward and the Street Department for the exceptional job in constructing the range. Chief Duncan stated that Mayor Kilgore asked if there was any objection to naming the firing range after Sgt. Carl Wolfe who was a longtime range master for the Monroe Public Safety Department. She stated that Sgt. Wolfe was instrumental in the improvements of the firing range ~- and maintaining all of the training and qualifications for the Public Safety Department. As the Mayor requested, Chief Duncan recommended that that the Range be named the "Carl Wolfe Range." C. Bobby Kilgore Law Enforcement Training Center. Chief Duncan stated that Mayor Kilgore retired as the Chief of the Monroe Public Safety Department after 30 years of service with the City. Chief Kilgore was a strong advocate of training and the further education of all law enforcement personnel. She stated that Chief Kilgore's vision for training allowed for hundreds of law enforcement officers in this region to be trained. Chief Duncan stated that the range and training center had been used for and will continue to be used by over 20 law enforcement agencies and two community colleges. She stated that this facility will greatly impact the future of law enforcement. Council Member Jordan made a motion to approve the naming of the Carl Wolf Range, Richard M. Helms Public Safety Center, and the Bobby Kilgore Law Enforcement Training Center. Council Member Nash 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 Regular City Council Meeting April 1, 2008 Page 129 Item No. 3. Moment of Silence. In recognition of the one-year anniversary of the shootings of Charlotte Police Officers Sean Clark and Jeff Shelton, Council held a moment of silence to honor all fallen officers. Item No. 4. Resolution for Veteran Government Bond, Stamn, and Coin Program Mr. Garland Denny requested that Council adopt a Resolution for support of the Veteran Government Bond, Stamp, and Coin Program. Council Member Nash moved to adopt Resolution R-2008-30: RESOLUTION BY THE MONROE CITY COUNCIL FOR VETERAN GOVERNMENT BOND, STAMP, AND COIN PROGRAM R-2008-30 WHEREAS, the nation is blessed with men and women who voluntarily swear an oath to defend the Constitution of the United States of America against all enemies, foreign and domestic; WHEREAS, these men and women make great personal sacrifices in the name of our Constitution thereby ensuring the perpetuation of our individual liberties; WHEREAS, these same men and women voluntarily make great personal sacrifices to carry democracy and extend the freedoms we enjoy to the underprivileged of the world; WHEREAS, some of these men and women will incur great personal hardships and catastrophic /~ injury in the performance of their duties; (` 1 WHEREAS, we feel duty bound to honor, support, and provide relief to these warriors, and thetr families. NOW, THEREFORE, the Monroe City Council does hereby resolve its total and unequivocal support of an initiative implementing a new government bond, stamp, and coin program, the proceeds from which shall be used exclusively for those warriors and their families who have born the brunt of preserving our freedoms and extending those freedoms throughout the world. Adopted this 1 S` day of April, 2008. Council Member Ashcraft 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. 5. City Manager Comment - "Pigs in the Park" Barbegue. City Manager Meadows extended an invitation to the "Pigs in the Park" barbeque being held April 11 and 12 at Belk Tonawanda Park. Regulaz City Council Meeting April 1, 2008 Page 130 CONSENT AGENDA ~1 Mayor Kilgore reviewed the Consent Agenda and asked if any 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. 6. ApprovaVAcceptance of Minutes. A. Minutes of Historic District Commission Meeting of February 11, 2008. Minutes of the Historic District Commission Meeting of February 11, 2008 were received as information by Council. B. Minutes of Land Development Committee MeetinS of February 28, 2008. Minutes of the Land Development Committee Meeting of February 28, 2008 were received as information by Council. C. Minutes of Environment and Water Resources Committee Meeting of January 29, 2008. Minutes of the Environment and Water Resources Committee Meeting of January 29, 2008 were received as information by Council. Item No. 7. Reimbursement Resolution for Capital Improvements at Charlotte-Monroe Executive Airport. Economic Development and Aviation Director Chris Plate advised by memorandum that the City was embarking on major capital improvement projects at the Charlotte-Monroe Executive Airport that are estimated to cost approximately $42,000,000. Staff recommended that Council adopt a Reimbursement Resolution to receive bond funding and future reimbursements for any part of the project. Council Member Smith moved to adopt Resolution R-2008-28: REIMBURSEMENT RESOLUTION WITH REGARD TO TAX-EXEMPT OBLIGATIONS R-2008-28 AUTHORIZING THE CITY OF MONROE, NORTH CAROLIINA TO UNDERTAKE CERTAIN EXPENDITURES WITH RESPECT TO A CAPITAL PROJECT PRIOR TO THE ISSUANCE BY THE CITY TAX EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $42,000,000. WHEREAS, the Internal Revenue Service and U.S. Treasury Department have published regulations that govern when a political subdivision such as the City of Monroe, North Carolina (the City), can issue or execute tax-exempt obligations to reimburse itself or any agency or division thereof for expenditures on projects prior to the issuance of tax-exempt obligations for such projects; and WHEREAS, the regulations require that the governing body of the political subdivision adopt a Resolution reciting certain facts and intentions prior to the incurrence of the expenditures; and Regulaz City Council Meeting April 1, 2008 Page 131 WHEREAS, the City anticipates incurring certain expenditures in an approximate amount of not exceeding $42,000,000 (the "Expenditures") with respect to construction and land purchase related to the extension of the runway, improvements to the Safety Area at the 23 end of the Runway, expansion of the Terminal Building, rehabilitation of Aprons A & C, issuance of debt, and construction of hangars at the Charlotte-Monroe Executive Airport (the "Project") prior to the issuance by the City of tax-exempt obligations for such purpose in an amount not to exceed $42,000,000. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monroe as follows: Section 1. The City Council hereby declares a reasonable "official intent" pursuant to Regulation 1.103-18 to the Internal Revenue Code of 1986, as amended, to reimburse the City from proceeds of tax-exempt obligations for such Expenditures with respect to the Project. Such Expenditures must be incurred not later than two years from the date hereof in order to be eligible for reimbursement from the proceeds of the issuance of tax-exempt obligations or such date as may be applicable in the regulations. The City anticipates incurring Expenditures in an approximate amount of not exceeding $42,000,000 with respect to the Project prior to the issuance of tax-exempt obligations by the City for o such purpose in an amount not to exceed $42,000,000. Section 2. The Expenditures are incurred solely to acquire, construct, or rehabilitate property and facilities having a reasonable expected economic life of at least one year. Section 3. The source of funds will be reimbursements from restricted intergovernmental revenues, sales and services, and Ad Valorem Taxes. Adopted this 1 S` day of April, 2008. Council Member Ashcraft 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. Budget Amendments. A. Appropriate Funds for Asbestos Abatement for 302 South Washington Street. Assistant - City Manager Wayne Herron advised by memorandum that Council previously declared the property at 302 South Washington Street unfit for human habitation and ordered the dwelling demolished and removed. Staff requested that Council adopt a Budget Amendment in the amount of $6,000 for asbestos testing, removal, and disposal of any asbestos containing materials. Council Member Smith moved to adopt Budget Amendment BA-2008-05: BUDGET AMENDMENT BA-2008-OS Regular City Council Meeting April 1, 2008 Page 132 1. Amendment necessary to designate and appropriate funds for the asbestos testing, removal and disposal of any asbestos containing materials for the property located at 302 South Washington Street, Monroe, North Carolina. General Fund: Revenues: Miscellaneous $6,000 Expenditures: Public Safety $6,000 Adopted this 1 S` day of April, 2008. Council Member Ashcraft 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. Appropriate Funds for Demolition _and Removal for 902 East Franklin Street. Assistant City Manager Herron requested by memorandum that Council -adopt a Budget Amendment in the amount of $11,250 for E&E Commercial Services, Inc. to demolish the structure, remove debris, and provide fill dirt for the property located at 902 East Franklin Street. Mr. Herron advised that Council had previously declared the property unfit for human habitation, and ordered the dwelling demolished. All costs incurred will be billed to the property owner and assessed as a lien against the property. Council Member Smith moved to adopt Budget Amendment BA-2008-08: BUDGET AMENDMENT BA-2008-08 1. Amendment necessary to designate and appropriate funds for the demolition and removal of the structure located at 902 East Franklin Street, Monroe, North Carolina. General Fund: Revenues: Miscellaneous $11,250 Expenditures: Public Safety $11,250 Adopted this 1 S` day of April, 2008. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting April 1, 2008 Page 133 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 9. Award of Bid for Electric Department Bucket Truck. Energy Services Director Don Mitchell advised by memorandum that bids were received for a bucket truck for the Electric Department. Mr. Mitchell stated that although the specifications were not restrictive, only one quote was received. He advised that the original budget for this item was $150,000 and there were sufficient surplus funds remaining in the budget for this item. Staff recommended that Council award this bid to Terex Utilities for the sum of $172,285. Council Member Smith moved to award the bid for the bucket truck to Terex Utilities for the sum of $172,285. Council Member Ashcraft 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. 10. Award of Contracts. A. Lake Lee Pump Equipment Replacement. Water Resources Director Russ Colbath /~'"~ advised by memorandum that formal bids were received for the replacement of the Lake Lee ( pump station equipment. Council established funding for the replacement of the Lake Lee raw -.- water transmission main and pumping equipment in the amount of $1,100,000. Mr. Colbath advised that the design of the transmission main replacement was nearing completion and the contract award of the transmission main component of the project would be brought to Council in June 2008, along with any required budget amendment. Mr. Colbath advised that the new pumping equipment would replace the existing pumps with a skid mounted package pumping system, and replace pumps that are at the end of their useful life. The new pumps will also greatly enhance reliability and increase the capacity to transfer raw water from Lake Lee to Lake Twitty. Staff recommended that Council award the contract bid for the Lake Lee pump station equipment to Engineered Fluids, Inc. in the amount of $138,899, authorize a 5% contingency allowance for this project, authorize the City Manager to make contract changes up to this amount if needed, and also authorize the City Manager to execute the contract on behalf of the City. Council Member Smith moved to award the contract bid for the Lake Lee pump station equipment to Engineered Fluids, Inc. in the amount of $138,899, authorize a 5% contingency allowance for this project, authorize the City Manager to make contract changes up to this amount if needed, and also authorize the City Manager to execute the contract on behalf of the City. Council Member Ashcraft seconded the motion, which passed. unanimously with the following votes: Regulaz City Council Meeting April 1, 2008 Page 134 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore ('~ NAYS: None B. Fiscal Year 2008 Audit Contract. Finance Director Jim Fatland advised by memorandum that the proposed contract for audit services for the City for the fiscal year ending June 30, 2008 was $61,000. The proposed fee is up from last year's fee of $54,000. He advised that this reflected increased audit standards to improve the quality and effectiveness of audits and to enhance the auditors' application of the risk-based audit monitoring by requiring a more in-depth understanding of the entity and its environment, including internal control, to identify risks of material misstatement in the financial statements and what the entity is doing to mitigate them; more rigorous assessment of the risks of material misstatement of the financial statements based on that understanding; and, improved linkage between assessed risks and the nature, timing and extent of audit procedures in response to those risks. The Finance Committee recommended approval of the audit contract with Potter & Company. Council Member Smith moved to approve the audit contract with Potter & Company, P.A. for $61,000. Council Member Ashcraft 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. 11. Self-Contained Breathing Annaratus. Flre Chief Ron Fowler advised by memorandum that the City had received a $210,000 Federal Fire Act Grant to purchase 46 self- contained breathing apparatus (SCBA) to replace those currently used by the Fire Department. He advised that MES Carolinas of Charlotte has agreed to allow the City to piggyback on a bid award to the Town of Cary and had agreed to sell Scott SCBAs to the City of Monroe at the same or more favorable prices than those offered to the Town of Cary. Chief Fowler advised that by continuing to use the same manufacturer, the department could continue to utilize existing spare SCBA air bottles that are currently in use instead of purchasing additional SCBA bottles. Y Staff recommended that Council waive the formal bid process in accordance with N.C.G.S. §143-129(g) and approve a piggyback purchase of 46 SCBAs from MES Carolinas for the same or more favorable prices than those offered to the Town of Cary. A. Request to Waive Formal Bid Process. Council Member Smith moved to waive the formal bid process in accordance with N.C.G.S. §143-129(g). Council Member Ashcraft 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 Regular City Council Meeting April 1, 2008 Page 135 B. Approval of Piggyback Purchase. Council Member Smith moved to approve a piggyback purchase of 46 SCBAs from MES Carolinas for the same or more favorable prices than those ~'1 offered to the Town of -Cary. Council Member Ashcraft 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. 12. Call for Public Hearing to be Held April 15, 2008 for an Economic Development Incentive Grant for a Confidential Company. Council Member Smith moved to call for a public hearing to be held on April 15, 2008 at 6:30 p.m. to consider this request. Council Member Ashcraft 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. 13. 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. 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: Date Name Pur ose Amount 3/11/08 Ar Engineerin Scott Building Renovation Assessment *$1,200 2/28/08 CGI Communications For Communit Movie Tour Book A reement $0 3/12/08 VentureSum To administer Pole Attachment Agreements in place with Verizon, Time Warner Cable, and Alltel *$4,740 3/13/08 Cox Door Com any To install trolle o erators in arage $4,374 3/13/08 R.J. Fisher Construction Co. Addition to Monroe Count Club Pro Sho $144,341 3/18/08 Propst Construction Co., Inc. To provide reclamation with cement services on Westwood Industrial Drive $33,500 *Approved by Department Director There were no Change Orders or Settlement Claims. This item was received as information of Council only and no action was required. Regular City Council Meeting April 1, 2008 Page 136 REGULAR AGENDA Item No. 14. Capital Project Budget Ordinance for Airport Improvement Proiects Economic Development and Aviation Director Plate stated that this was a request for a Capital Project Budget Ordinance to establish the budget for the projects included in the improvements for the Charlotte-Monroe Executive Airport. These projects will include: design of the Runway Lengthening; design of the Runway Strengthening; design of Goldmine Road Realignment - Phase 2; and Terminal Building Improvements. Mr. Plate stated that the entire amount of the expenses would be taken from the bond funds received in January 2008. This action allocates those funds for the purposes intended. Staff recommended that Council adopt a Capital Project Budget Ordinance in the amount of $1,480,000 to allocate bond funds for the Airport Improvement Projects. Council Member Smith moved to adopt Capital Project Budget Ordinance BO-2008-05: CAPITAL PROJECT BUDGET ORDINANCE AHtPORT EXPANSION PROJECTS BO-2008-OS WHEREAS, the City desires to develop the airport to attract commuting and newly based aircraft to the airfield; and WHEREAS, the City plans to lengthen the runway to approximately 7,000 feet and strengthen the runway to 95,000 pounds per dual, wheel; and WHEREAS, to accomplish this runway build-out, the existing Goldmine Road will need to be relocated; and WHEREAS, also as a part of this endeavor, the City must make structure and internal improvement to the airport terminal; and WHEREAS, it is now in the City's best interest to use Bond financing proceeds to fund the design and construction of these projects. ii NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe approve a capital project budget for the project entitled "Airport Expansion Projects" and appropriates the following revenues and expenses: Revenue: Proceeds From Financing $1,480,000 Expense: Project -Runway Lengthening (Design) $730,000 Project -Runway Strengthening (Design) $360,000 Project -Goldmine Road (Phase 2) (Design) $340,000 Project -Terminal Facility Improvements $ 50,000 Total Project Expenses $1,480,000 E Adopted this 1 S` day of April, 2008. Regulaz City Council Meeting April 1, 2008 Page 137 Council Member Nash 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. 15. Zoning Map Amendment Request by Couchell Investment Company for Property Located at 386 East Roosevelt Boulevard from GB (General Business) to Conditional District "GB Couchell." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Assistant Director of Planning and Building Standards Lisa Stiwinter advised that this was a zoning map amendment request by Couchell Investment Company from General Business to Conditional District "GB Couchell." Ms. Stiwinter stated that the subject property was located within the General Business zoning district and consisted of 2.025 acres. Adjacent properties are zoned General Business, General Industrial, R-10 (Single Family Residential -High Density) and Office Transitional. The petitioner proposed two multi-tenant buildings that total 17,000 square feet and 57 parking spaces. The proposed buildings will maintain all uses that generally fall within the General Business zoning district with Napa Auto Parts as the anchor store. Ms. Stiwinter stated that the applicant was requesting a zoning map amendment to add a second driveway onto Curtis Street. Ms. Stiwinter advised that the Planning Board made a recommendation in support of the elevation that consisted of red and natural color brick. The Planning Board also requested modifications to the elevation. A revised elevation has been submitted to the Planning Department that portrays the modifications requested, which includes windows on all four sides and awnings. All required landscaping requirements have been provided as well. Staff, Land Development Committee, and Planning Board recommend approval of the request. Council Member Ashcraft asked what the policy was for allowing back entrance ways off of Highway 74. Ms. Stiwinter stated that staff recommended approval of an alternate access when it was felt there would not be a negative impact on an adjacent neighborhood. She stated that staff felt the majority of the traffic would exit on Curtis Street and travel to Sutherland Avenue as opposed to going back into the adjoining neighborhood. Mr. Christopher Couchell, General Contractor, stated that if the second driveway were not approved, the delivery trucks for Napa would have to use the Rite Aid entrance and it would not be easily accessible for emergency vehicles. He felt that if the driveway was approved, it would help the flow of traffic. Insofar as impact to the neighborhood, Mr. Couchell did not feel that this would be a very large impact. He advised that the remainder of the property would be a small retail. As for aesthetics of the building, it will be a split face block and red brick masonry wrapping the entire building. Regular City Council Meeting April 1, 2008 Page 138 Council Member Smith asked if Rite Aid agreed with the use of the right-of--way. Mr. Couchell stated that the property was purchased from the City and the City already had an easement agreement with Rite Aid. Council Member Smith questioned where the heavy industrial traffic came from. Mr. Couchell stated that he assumed it came from Sutherland Avenue. Mr. Herron stated that some traffic came off Walkup Avenue but it depended on where the industry was located on Curtis Street. Council Member Nash stated that there was also a daycare located across the street and since the daycare did not have a parking lot, the parents picked the children up from the street. She expressed safety concerns with the driveway coming out as proposed. Mr. Herron stated that there was a concern and staff respected the concern; however, the traffic would be coming out of ,r~ the commercial development. A traffic study was not required because the square footage does t ~ not mandate it, but if a traffic study were completed it would show the majority of the traffic going to Sutherland Avenue. Mr. Herron advised that staff could not guarantee that traffic would not go through the neighborhood but in staff's opinion, this would not add any unsafe conditions than what already existed with the industrial traffic that goes through there now. Council Member Jordan stated that his concern was not primarily with the truck traffic that would be going in and out, but rather with people going in and out to visit the stores. He asked for clarification on how this particular location differed from the location where Ty-Par wanted to develop some type of restaurant that exited out into one of the streets and at that time, the City did not look favorably upon that. Mr. Herron explained that if a traffic engineer looked at this matter, there were certain characteristics that drivers have when they are exiting from a driveway. The only choice with Ty-Par was to go into a neighborhood. Whether you went right or left, you were in a neighborhood. In this situation, you already have anon-residential street that abuts the development. Mr. Herron stated that a driver exiting this site has a choice to enter into a neighborhood, but they also have a choice to enter into an industrial area or to the office and out to the commercial area. He stated that given those choices, in normal situations, the reason for the driveway is to get to the easiest point to get to the stop light and this is the driver's primary goal when exiting. Mr. Herron stated that staff could not guarantee this and there would be traffic that would go through the neighborhood and the industrial area but primarily when drivers have a choice, there is a percentage of choices they make and the greater percentage in this situation would most likely be to Sutherland to get to the stoplight. Mr. Peter Couchell, developer, stated that Napa did have a few large units that would be making deliveries. He stated that the unfortunate part about this site was that there is no direct access to Highway 74. He advised that Napa was going to have an aesthetically desirable upscale store in lieu of their traditional blue and gray building. Council Member Smith asked if there was a deceleration lane for Rite Aid and would this be used for the property. Mr. David Settlemyer, Engineer for the project, stated that the deceleration lane was built by the State as part of Highway 74 as long as they physically could due to the guard rail, other grading issues, and storm drainage issues that exist along the northwest corner. He stated that the driveway that was there for Rite Aid had what would be considered a short and modified version but again it was as much as could physically be Regular City Council Meeting April 1, 2008 Page 139 installed. He felt that the Couchells have gone above and beyond to make everyone happy. He stated that if the applicant had not requested a second driveway, a public hearing would not have (`~ been necessary. Mr. Settlemyer stated that the applicant had in-hand approval for the design that had been brought forth. He stated that they were looking at a safety issue and this opened the applicant up to having to do more design to the building. Mr. Cecil Hodge stated that he owned property across Curtis Street from the site. He expressed concerns with safety issues. He stated that the driveway on Highway 74 almost makes a U-turn. He stated that a 53 foot trailer with its tractor could not make this turn. He stated that when he received the petition he read it several times. He noticed that there were no truck driveways on the plan. He stated that you could almost discount people coming in off Highway 74. Mr. Hodge stated that in front of First Care, there was afour-tiered bird bath and it had a seat. He stated that around this complex was concrete filled columns to prevent anyone from running into it. He stated that this was an impairment and he had witnessed it many times. He stated that the trucks come and wait on each other to make the decision who was going to go first to make the trip back to be repaired or check in at the truck depot or to go onto Sutherland. Mr. Hodge stated that the clients for First Care perpendicular park to Curtis Street and a lot of them do not pull all the way off the street. He stated that there were times when half of the car was in Curtis Street which impedes the flow of traffic. He suggested that there be parallel parking. In addition, he stated that as you leave Curtis Street to go to Sutherland Avenue, there were hedges that impaired your vision. He stated when the shift from the hospital turns out around 3-4 p.m. you wait because they have the right-of--way. He stated that if this petition was approved, he was going to request a left turn signal on Highway 74 because traffic is backing up to the hospital. Mr. Hodge requested that if the driveway was approved, that the radius be on the petitioner's property. He stated that a 53 foot truck was going to be turning across Curtis Street on his property or his neighbor's property. He stated that a big impairment where this driveway comes out was a tall hill that if they pull out of the second driveway a car could see maybe the top of the truck. Mr. Vance Goodman stated that the driveway for the development would be within 40 feet of his driveway. He stated that they already had a lot of traffic trouble with the daycare, hospital, and industrial traffic. Council Member Jordan asked how much time lapsed between the approval to do this with just the one entrance and if the original submittal only had one driveway entrance. Mr. Herron advised that when they purchased the property there were discussions immediately about a second driveway in the rear, but staff clearly went over the regulations with them that only one driveway was allowed if you go over 24% impervious surface. Mr. Herron clarified that if the applicant stayed under 24% impervious surface, the regulations say that they can put the driveway in without any Council approval. It just states that they cannot have the second driveway when you are over the 24% threshold because the increased square footage generates increased traffic. Mr. Herron stated that this was a decision the applicant had to make as to what Regular City Council Meeting April 1, 2008 Page 140 their desired square footage would be and the chances of getting this approved through Council. Council Member Jordan asked how much the applicant was over the 24% mark. Mr. Herron stated that they were at 49%. Council Member Ashcraft asked if it was practical to approve the radius as recommended by Mr. Hodge. Mr. Christopher Couchell stated that this had been addressed. He stated that with the suggestion of City staff, the plan was drawn to reduce the square footage of the second building and the driveway is wider than on the original plan. Council Member Ashcraft asked if the parking issue on Curtis Street was something the City should be addressing as being unsafe. Mr. Herron stated that Police and Engineering could look at this situation. Mr. Settlemyer stated that the radius issue was going to have to happen inside Curtis Street one way or the other because they had to tie back into Curtis. He stated that the distance for the sight visibility from the top of the hill down to the driveway was acceptable and the driveway had already been approved by the City's Engineering Department. He stated that the radius is the proper width for a transfer truck of any size to make the turn. All design standards were done and met to proper highway and residential design. Council Member Nash stated that Council had a concern with any development going in and she liked for the applicant to meet with the neighborhood to settle some of the issues. She strongly encouraged the applicant to have a neighborhood meeting to discuss the various concerns. Council Member Ashcraft agreed with the suggestion to have a neighborhood meeting. B. Motion to Table. Council Member Nash made a motion to table this matter until May 6, 2008 to allow the applicant time to address some of the concerns and meet with the neighborhood. 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. 16. Zoning Text Amendment Reauest for Standardized Zoning Regulations for Union County Public Schools to Amend Section 156.110 of the Unified Development Ordinance Titled "Table of Permissible Uses" to Allow "Public Schools by Right" and to Add Section 156.04 to the Land Development Plan Titled "Institutional Uses" to Add the Actual Design Regulations. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Assistant City Manager Herron stated that this was a zoning text amendment for Section 156.110 of the Unified Development Ordinance titled "Table of Permissible Uses" to allow "Public Schools by Right" and to add Section 156.04 to the Land Development Plan titled "Institutional Uses." Regular City Council Meeting April 1, 2008 Page 141 Mr. Herron advised that Council adopted a Memorandum of Understanding (MOU) with Union County Public Schools (UCPS) on September 4, 2007. 3'he MOU requested the City's ('~1 cooperation and partnership in developing standardized zoning regulations with 13 jurisdictions in Union County. Such standardizations would assist in achieving 1) equitable school facilities throughout the County; 2) more efficient permitting of school facilities; and 3) cost savings for the benefit of the taxpayers of Union County. Mr. Herron reviewed the proposed final draft standardized zoning regulations: 1) UCPS will involve local municipalities early in the site selection process; 2) Allow all new schools, additions, or renovation uses by right with supplemental standards; 3) Jurisdictions may consider an optional Conditional District rezoning process if unique conditions exist and the Planning Director will have the authority to make that determination; and 4) Supplemental standards which shall include: (` Re uirements Pro osed Current Ci Re ulations Recommendation Exterior Limited to Masonry Brick, natural All masonry materials Approval Building or synthetic stucco, pre-finished shall be brick, stone, Materials insulated metal anel s stem. stucco or fiber cement. Mobile Placement location: primarily Shall be located in the side Encourage Classrooms in the rear-yard, then side-yard, or rear-yard. placement in rear and the front-yard as a last or side-yard resort. locations. • Underpinning and screening required. • Landsca in Sidewalks Construct if providing According to the City's Staff's and Land connectivity to an existing design manual all Arterial Developments sidewalk system on adjacent and Collector Streets. recommendation properties. is to require • If not constructing: sidewalks be Will participate in grant; design provided. on plans, grade area, and dedicate any required area for future sidewalks. Exterior Driveway and Parking Area No requirements for Approval Illumination lighting restricted to 10 foot- exterior illumination candles. • Spill Over limited to 1-foot candle. • Li htin fixture shieldin . Signs Material-Match primary Currently signs are Approval building material of school. viewed on a case by • Maximum of 40 square feet. case basis during the Conditional District Rezoning process. • On average are allowed 50 square feet for monument si ns. Parking Elementary: lsp/staff member Staffs general policy is to Approval plus 1.6 per classroom or 1 review the plan on a case s /for each 3 seats used for b case basis to determine Regular City Council Meeting April 1, 2008 Page 142 { ' assembly purposes. • High School: 5/classroom or 1 sp/each 3 seats use for assembl if adequate parking is available. Normally what is being proposed exceeds the desired amount. Landscaping Species-refer to jurisdiction 1 large canopy tree and Approval and Screening regulations. 6 shrubs per each 12 • Parking Area-1 large or two parking spaces. small trees for each 12 parking A tree shall be spaces. provided within a 65' • Parking area shall be screened radius of every parking from ROW. space. • Detention ponds shall be fenced 8 foot streetscape and screened. buffer. • Screening: opaque • Tree Preservation Ordinance- will observed. Staff supported the requested regulations except for allowing all new schools, additions, or renovation uses by right with supplemental standards. Mr. Herron advised that the City believed that all new schools, additions, or renovation uses shall be allowed by right within all zoning districts except the Central Business District and General Industrial District because schools have an affect on the Central Business District by restricting the location of restaurant uses serving alcohol. All restaurants serving alcohol are restricted from being located within approximately 50 feet of schools or churches and this would result in a negative impact on the Downtown area. Staff would also prefer that schools not be located within the General Industrial District considering that this district provides large tax base revenue with industrial uses, therefore we want to preserve those sites. Staff, Land Development Committee, and Planning Board recommend approval of the standardized zoning regulations with modifications. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Ordinance Amending Chapter 156 - Zoning Code and Chanter 157 -Land Development Plan: Mayor Pro Tem Bazemore moved to adopt Ordinance 0-2008-15: ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE AND 157: LAND DEVELOPMENT PLAN OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-15 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, Regulaz City Council Meeting April 1, 2008 Page 143 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE AND CHAPTER 157 LAND DEVELOPMENT PLAN OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Amend Section § 156.110 "Table of Permissible Uses" as follows: Description. R-40/ R-20 R-10 R-MF R-MH OT CBD GB GI C Educational, Cultural, Religious, Philanthropic, Social, Fraternal Uses Schools * Z Z Z Z Z Z :, ZS * See Chapter 157.04 for supplementary standards for schools. Section 2. Add Section § 157.04 "Institutional Uses." Supplementary Standards for Schools (A) Exterior of buildings. 1. Exterior building materials shall be limited to masonry brick (brick or pre-finished block), natural or synthetic stucco, pre-finished insulated or non-insulated metal panel systems, pre-finished metal fascia and wall coping, standing seam metal roof (for sloped roof only), painted hollow metal and/or pre-finished aluminum door and window frames, glass, painted or pre-finished steel. 2. Exterior of buildings will be articulated to enhance the area of the site. (B) Mobile classrooms (MCR): 1. All MCRs shall be located in rear yards. In cases where placement of the structures in rear yard cannot be reasonably accommodated, the MCRs may be placed in the side yard with approval by the Land Use Administrator. Placement of MCRs within in front setbacks may be granted in rare cases when they cannot be accommodated in the rear or side yards. 2. MCR underpinning acid crawl spaces shall be screened. 3. Landscaping/planting shall be provided between the MCR and any adjacent roads from which the MCR's are visible. (C) Sidewalks: 1. Sidewalks shall be required consistent with the City's adopted Design Standards Manual. (D) Exterior Illumination: 1. Driveway and parking area lighting shall be no more than 10 foot candles. Spill over to adjacent properties will not be permitted. Lighting fixtures shall be shielding type (to protect, hide to prevent disturbing adjacent property owners and reduce light pollution). 2. Lighting fixtures located on the building exterior shall not emit more Regulaz City Council Meeting April 1, 2008 Page 144 than 5 foot candles and shall be shielding type, which is any attachment which interrupts and blocks the path of light emitted from a luminaries or fixture. 3. Lighting for athletic fields shall follow the current standards as set forth by the North Carolina High School Athletic Association Lighting Standard. Alighting control package shall be included and lights shall be shut-off no later than one hour after the end of the event. (E) Signs: 1. Materials for sign base and structure shall match the primary building materials. 2. Sign face shall not exceed 40 square feet and does not include the sign support structure. The bottom of the sign face shall be no less than 24" above nor more than 72" above the ground surface. The sign support structure can include columns and walls on either side of and below the sign face and shall not be more than 16" taller that the sign face. 3. One sign shall be permitted per school. Alternatively, if multiple schools use the same driveway access, then the allowable square footage may be increased by 10 square feet for each additional school. 4. One wall sign per school shall be permitted and only for the name of the school and shall be reviewed by the administrator. 5. External illumination is allowed. (F) Parking for schools shall be provided as follows: 1. Elementary and middle schools provide 1 space per staff member plus 1.6 spaces per classroom or 1 space for each 3 seats used for assembly purposes whichever is greater. 2. High schools provide 5 spaces per instructional classroom or 1 space for each 3 seats used for assembly purposes whichever is greater. 3. No more than 20% of the required spaces can be compact spaces. 4. Minimum size of spaces shall be 9' wide by 19' long for regular, 7.5' wide by 15' long for compact, and accessible spaces shall meet current accessibility codes. (G) Student Drop Off Stacking: 1. On-site vehicle stacking for student drop-off shall be based on NCDOT requirements using the NCDOT required calculator. (H) Landscaping and Screening buffering: 1. Trees and shrubs shall be as indicated within the municipality species list. 2. Parking Area: 1 large or 2 small trees shall be provided for each 12 parking spaces. Each parking space shall be located within 65' of a tree. Rows of parking spaces shall be terminated with a landscaped island and shall be the same size as a parking space. 3. Parking areas shall be screened from adjacent public roads with shrubs based on the municipality's species list. 4. Storm Detention Basins shall be screened with fencing and/or shrubs as determined by the administrator and shall be dependant upon the size, location, and use of the basin. ~'1 5. Land berms will not be ,permitted between school facilities and roads. 6. Land berms can be used in conjunction with required screening buffering to adjacent uses as determined by the local regulations. Regulaz City Council Meeting April 1, 2008 Page 145 ~` 7. Screening/buffering from adjacent uses will be opaque and shall consist of: a) Small trees planted at a rate of 3 per 100' and 6' high evergreen shrubs planted at a rate of 25 per 100', or b) Large trees planted at a rate of 2.5 per 100' and a 6' high solid wood fence, or c) Tall evergreen trees with branches touching the ground planted in a stagger. 8. If the adjoining property is of similar or compatible use the Administrator may reduce or eliminate the screening buffer. 9. Screening/buffering requirements may be waived when screening/buffering is already provided. There may be cases where the unusual topography or elevation of a site or the size of the parcel involved, or the presence of screening on adjacent property would make the strict adherence to the regulation serve no useful purpose. In those cases, the Administrator is empowered to waive the requirements for screening so long as the spirit and intent of this section and the general provisions of this section pertaining to screening are adhered to. This section does not negate the necessity for establishing screening for uses adjacent to vacant property. 10. UCPS will adhere to all Tree Preservation ordinances of the municipalities and shall preserve natural buffets between the school facility and adjacent properties as much as practical. 11. UCPS will retain as much existing trees and vegetation on school sites as practical and will re-introduce common local species into the project as possible. UCPS will abide by the Tree Preservation Standards of Chapter 156. , (I) In the event any provisions of the supplemental regulations conflict with any other provisions of this ordinance, then the provisions of these supplemental regulations shall control. Other ordinance provisions not in conflict with these supplemental regulations remain in effect. (J) In instances where the Land Use Administrator deems the potential effects of a proposed school construction may constitute review and/or standards beyond what it listed above, the City may require the school site to be rezoned to a Conditional District in which additional requirements may be requested by staff or City Council. Adopted this l5c day of April, 2008. Council Member Ashcraft 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. 17. Public Comment Period. There were no speakers. Regular City Council Meeting April 1, 2008 Page 146 There being no further business, the Regular City Council Meeting of April 1, 2008 adjourned at 8:50 p.m. Attest: 1 Bri tte H. Robinson, ity Clerk ~6 obby G. Ki g e, Mayor Regular City Council Meeting April 1, 2008 Page 147