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06/03/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 JUNE 3, 2008 - 6:30 P.M. AGENDA www.monroenc.orf; 1. City Manager Comments A. Historic Home Tour B. Special City Council Meeting on June 10, 2008 C. Transforming Local Government Conference 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 City Council Strategic Planning Mef;ting of May 6, 2008 B. Minutes of Community Appearance Commission Meeting of February 11, 2008 C. Minutes of Monroe Tourism Development Authority Meetings of March 20, 2008 and April 10, 2008 D. Minutes of Airport Commission Meeting of March 31, 2008 E. Minutes of Economic Development Commission Meeting of Apri13, 2008 F. Minutes of Historic District Commission Meeting of April 14, 2008 3. Consideration of Annexation Request by the City of Monroe and ATI Allvac for 44.46 Acres off Rocky River Road -Aeropointe Parkway A. Resolution Directing Cierk to Investigate Petition Received Under G.S. 160A-31 B. Certificate of Sufficiency ` C. Resolution to Call for Public Hearing to be Held June 17, 2008 4. Call for Public Hearings to be Held June 17, 2008 A. Zoning Map Amendment Request for Property Located off Aeropointe Parkway from Union County HI (Heavy Industrial) to City of "Monroe (GI) General Industrial B. Adoption of Additional Six-Month Moratorium on Residential Subdivision Development C. Zoning Map Amendment Request for Property Located at 2521 Nelda Drive from R20 (Residential Low Density) to Conditional District "Snider Tire" - D. Fiscal Year 2008-2009 Budget 5. Professional Services Contract Award for Reclaimed Water Distribution System Regular City Council Meetin€; June 3, 2008 Page 96 6. Access Easement Across City-Owned Property Adjacent to Lake Twitty 7. Amendment to Customer Service Policy 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. 8. Equipment Installment Financing A. Resolution to Approve Fiscal Year 2008 Equipment Installment Financing B. Authorization to Negotiate 2006 and 2007 Equipment Installment Financings with RBC Bank 9. Intent to Abandon a Portion of Unopened Davis Street (Application Withdrawn) 10. Zoning Map Amendment Request (Amendment 2) for Conditional District "Woodland Creek" Located off Secrest Pric_ e Road A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "Woodland Creek -Amendment 2" 11. Public Comment Period A. Saluda Anthony B. Ora Levingston C. Ravonda Crowder 12. Closed Session Pursuant to N.C.G.S. 143-318.11(a)(6) Regular City Council Meeting; June 3, 2008 Page 97 CITY OF MONROE REGULAR CITY COUNCIL MEETING JUNE 3, 2008 - 6:30 P.M. MINUTES The City Council of the City of 1Vlonroe, North Carolina, rnet in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on June 3, 2008 with Mayor Pro Tem P.E. Bazemore presiding. Present: Mayor Pro Tem P.E. Bazemore, Council rvlembers 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: Mayor Bobby G. Kilgore. Visitors: Saluda Anthony, Brian Borne, Bruce Bounds, Doug Britt, Walter Byrd, Russ Colbath, Revonda Crowder, Roy Crowder, Jason deBruyn, Jim Fatland, Ron Fowler, Bryan Gilliard, Ora Levingston, Jim Loyd, Sheryl Massey, Chris Plate, Lisa Stiwinter, Mike Torralba, and others. Mayor Pro Tem Bazemore called the Regular City Council Meeting of June 3, 2008 to order at ~ 6:30 p.m. A quorum was present. Item No. 1. City Manager Comments. City Manager Meadows briefed Council on the following: A. Historic Home Tour. The Historic Home Tour in downtown Monroe is Saturday, June 7 at 10:00 a.m. B. Special City Council Meeting on June 10, 2008,: City Manager Meadows reminded Council that there will be Special City Council Meeting on June 10, 2008 at 5:30 p.m. at First Baptist Church to introduce the Downtown Master Plan, the new Downtown Director, and members of the Downtown Advisory Board. C. Transforming Local Government Conference. City Manager Meadows advised that he would be attending the Transforming Local Government Conference June 4-6 in Greenville, SC. CONSENT AGENDA Mayor Pro Tem Bazemore 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 Regular City Council Meeting; June 3, 2008 Page 98 in the Council Agenda Packets for each item on the Conseut Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 2. Approval/Acceptance of Minutes. A. Minutes of City Council Strategic Planning Meeting of May 6, 2008. Council Member Nash moved to approve the Minutes of the City Council Strategic Planning Meeting of May 6, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None B. Minutes of Community Appearance Commissia~n Meeting of February 11, 2008. Minutes of the Community Appearance Commission Tvleeting of February 11, 2008 were received as information by Council. C. Minutes of Monroe _Tourism Development Authoriity Meetings of March 20. 2008 and April 10, 2008. Minutes of the Monroe Tourism Development Authority Meetings of March 20, 2008 and April 10, 2008 were received as information by (:ouncil. ~~ D. Minutes of Airport. Comm><ss><on Meeting of March 31, 2008. Minutes of the Airport Commission Meeting of March 31, 2008 were received as information by Council. E. Minutes of Economic Development Commission Meeting of April 3, 2008. Minutes of the Economic Development Commission Meeting of April 3, 2008 were received as information by Council. F. Minutes of Historic District Commission Meeting of April 14, 2008. Minutes of the Historic District Commission Meeting of April 14, 2008 were received as information by Council. Item No. 3. Consideration of Annexation Request by the Citv of Monroe and ATI Allvac for 44.46 Acres off Rocky River Road - Aeropointe Parkway A. Resolution Directing Clerk to Investigate Petition Received Under G.S. 160A-31. Council Member Nash made a motion to adopt Resolution R-2008-33: RESOLUTION DIRECTING THE CLERK: TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 ` 44.46 ACRES ON AEROPOINTE PARKV~VAX-ANNEXATION R-2008-33 Regu]ar City Council Meeting June 3, 2008 Page 99 WHEREAS, a petition requesting annexation of an area described in said petition was received on March 20, 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 3rd day of June, 2008. Council Member Keziah seconded the motion, which .passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None B. Certificate of Sufficiency. 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 B. " C. Resolution to Call for Public Hearing to be Held June 17, 2008. Council Member Nash made a motion to adopt Resolution R-2008-29 to call for the public hearing to be held on June 17, 2008 at 6:30 p.m.: RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S.160A-31 R-2008-29 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: Regular City Council Meeting: June 3, 2008 Page 100 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.m. on June 17, 2008. Section 2. The area proposed for annexation is described as follows: AEROPOINTE PARKWAY Annexation Description of 44:46 Acres the property of the City of Monroe Teledyne Industries, Inc. and TDY Industries, Inc. located east of the Monroe Airport Runway, west of Aeropointe Parkway and Rocky River Road, south of Old Charlotte Highvvay and north of Westwood Industrial Drive and Goldmine Road and being a portion of Tax Parcels 09-369-002A and 09-369-002N Being in North Carolina, Union County, Monroe Township, BEGINNING at a found iron, said iron being the northwest corner of now or formerly the Goldmine Generation, LLC property recorded in Record Book 4492, Page 708, in the Union County Registry, a common corner with now or formerly the Sam Obermiller property recorded in Record Book 3409, Page 778 in the Union County Registry and being on the existing city limit line of the City of Monroe; thence with the existing cir~ limit line and with the said Obermiller property and with now or formerly the R & L Macleod Investments property recorded in Record Book 4404, Page 440 in the Union County Registry S 80° 04' S0" E, 673.04 feet to a found iron pipe, said pipe being on the line of the City of Monroe property recorded in Record Book 3794, Page 492 in the Union County Registry; thence continuing with the existing city limit line and crossing the said City of Monroe property N 10° 43' 47" E, 1,043.41 feet to a found iron, said iron being locatedf S 57° 43' 26" W, 1,916.13 feet from the City of Monroe Control Monument 18, having State Plane Coordinate values of N 466,134.757 and E 1,519,462.525; thence continuing with the existing city limit line and continuing across the said City of Monroe property and with now or formerly the Teledyne Industries, Inc. property recorded in Record Book t 1331, Page 131 in the Union County Registry N 79° 14' 18" W, 678.58 feet to a calculated point; thence ~-' continuing with the existing city limit line and crossing the said Teledyne Industries, Inc. property and crossing now or formerly the City of Monroe property recorded in F;ecord Book 4035, Page 341 in the Union County Registry N 41° 21' 26" W, 1,627.06 feet to a calculated point, said point being on the line of now or formerly the City of Monroe property recorded in Deed Book 217, Page 698 in the Union County Registry; thence continuing with the existing city limit line and with the said City of Monroe property and with now or formerly the City of Monroe property recorded in Deed Book 217, :Page 688 in the Union County Registry S 47° 53' S9" W, 1,381.85 feet to an found iron, said iron being ~t corner of now or formerly the City of Monroe property recorded in Deed Book 438, Page 735 in the Union County Registry; thence continuing with the existing city limit line and with the said City of Monroe property and with now or formerly the City of Monroe properties recorded in Deed Book 456, Page 675, and. in Record Book 1175, Page 388 in the Union County Registry S 79°18' OS" E, passing a found iron at 585.81 feet for a total distance of 967.54 feet to a found iron, said iron being a common corner with now or formerly the City of Monroe property recorded in Record Book 1175, Page 390 in the Union County Registry; thence continuing with the existing city limit line and with the said City of Monroe property two (2) calls as follows: 1) S 79° 17' 09" E, 1,156.74 to a found iron; 2) S 10° 44' 13" W, 952.73 feet to the POINT AND PLACE OF BEGINNING and containing 44.46 acres more or less as shown and depicted on. a plat by Lawrence Associates, P.A. and titled: "Annexation Survey for the Citv of Monroe Property of the Citv of Monroe. Teledyne Industries. Inc. and TDY Industries. Inc." and dated March 3, 2008, last revised April 1, 2008 and recorded in Plat Cabinet File in the Union County Registry. 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 3`d day of June, 2008. Regular City Council Meeting; June 3, 2008 Page 101 Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None Item No. 4. Call for Public Hearings to be Held June 1'7, 2008. A. Zoning Map Amendment Request for Property Located off Aeronointe Parkway from Union County HI (Heave Industrial) to City of Monroe GI (General Industrial). Council Member Nash moved to call for a public hearing to be held on June 17, 2008 at 6:30 p.m. to consider this request. Council Member Keziah seconded 1:he motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None B. Adoption of Additional Six-Month Moratorium on Residential Subdivision Development. Council Member Nash moved to call for a public hearing to be held on June 17, 2008 at 6:30 p.m. to consider this request. Council Member 'Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None C. Zoning Map Amendment Request for Property Located at 2521 Nelda Drive from R20 Residential Low Density) to Conditional District "Snider Tire." Council Member Nash moved to call for a public hearing to be held on June 1.7, 2008 at 6:30 p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None D. Fiscal Year 2008-2009 Budget. Council 1Nlember Nash moved to call for a public hearing to be held on June 17, 2008 at 6:30- p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the :following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None Regular City Council Meeting; June 3, 2008 Page 102 Item No. 5. Professional Services Contract Award for Reclaimed Water Distribution S sy tem. Water Resources Director Russ Colbath advised by memorandum that in 2002, staff developed a Master Plan for the beneficial use of reclaimed water and demonstrated how reclaimed water could be a long-term resource for the City's future water supply. In December 2007, Council authorized funding for the development of a reclaimed water system. Mr. Colbath advised that at the May 6 City Council meeting a contract was awarded for the design of the reclaimed water elevated storage tank. The contract with W.K. Dickson will provide engineering, permitting and design needed to install the distribution system piping to connect the reclaimed water source at the waste water treatment plant: to the elevated storage tank. Also at the May 6 meeting, Council adopted a Reimbursement Resolution for the reclaimed water project, prior to the issuance by the City of tax-exerr~pt obligations, so that the City can reimburse itself for any expenditures that occur before the revenue bond issue Staff recommended that Council award the contract for the permitting, design, and construction inspection of the Reclaimed Water Distribution System to W.K. Dickson Engineers, in the amount of $323,619.50, 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 Nash moved to award the contract for the permitting, design, and construction inspection of the Reclaimed Water Distribution Systems to W.K. Dickson Engineers, in the amount of $323,619.50, 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 Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None Item No. 6. Access Easement Across City-Owned lProperty Adiacent to Lake Twitty. Water Resources Director Colbath advised by memorandum that in May 1970, the City of Monroe agreed to grant an access easement across City property to Donald and Marie Price, to provide access to parcel #09-075-012. He advised that this was related to the property acquisition required to build Lake Twitty so that the Prices would have access to their property after construction of the lake. The details of the easement were never finalized. The Price property has been used for agricultural purposes since 1970. Mr. Colbath advised that Mrs. Price now desires to sell the subject property to Johnny Ray Penegar and wife, Jane Greene Penegar, who desire to builld two single-family homes on the 12.6 acres. Staff feels this low-density residential development is an appropriate land use around the City's drinking water supply. Mr. Colbath advised that staff, in working with the City Attorney, has prepared for Council approval an Access Easement Agreement with safeguards included to protect all City interests. Regular City Council Meeting; June 3, 2008 Page 103 Council Member Nash moved to approve the Access Easement Agreement for City-owned property adjacent to Lake Twitty. Council Member Keziah seconded the motion, which passed unanimously with the following votes: , AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None Said Access Easement Agreement is hereby incorporated' as a part of these Minutes as Exhibit "A. ,~ Item No. 7. Amendment to Customer Service Police. The Customer Service Committee advised by memorandum that the Customer Service Policy currently allowed for athree-year time period to refund overcharges and to collect any undercharges that can be determined. Undercharges and overcharges that cannot be determined are estimated fora 12-month period. The Customer Service Committee recommended that Council approve amending the Customer Service Policy to allow for the refund of overcharges and the collection of undercharges fora 12- monthperiod. Council Member Nash moved to approve amending the Cl.~stomer Service Policy to allow for the refund of overcharges and undercharges and the collection of undercharges fora 12-month period. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None REGULAR AGENDA Item No. 8. Equipment Installment Financing. Finance and Administration Director Jim Fatland stated that on May 23, 2008, proposals were received for the 2008 Equipment Installment Financing. Based on the proposals received, Staff recommended that Council approve the Fiscal Year 2008 Equipment Installment Financing with RBC Bank by adopting a Resolution to incur the indebtedness and authorize the execution of the respective documents. In addition, staff has also contacted RBC Bank about refinancing the 2006 and 2007 equipment loans at the 3.19% rate. The rates for 2006 and 2007- we1-e 3.83% and 3.81% respectively. Mr. Fatland advised that he did not want to extend the life of the payoff just reduce the financing rate which will in turn save the City $35,000 to $40,000. He requested authorization for staff to negotiate the refinancing of the 2006 and 2007 equiprrtent installment financings with RBC Bank. A. Resolution to Approve Fiscal Year 2008 Equipment Installment Financing Council Member Keziah moved to adopt Resolution R-2008-44: Regular City Council Meetin€; June 3, 2008 Page 104 RESOLUTION APPROVING THE INCURRENCE BY THE CITY OF MONROE OF UP TO $1,988,480 INDEBTEDNESS FROM RBC BANK TO FINANCE EQUIPMENT ACQUISITIONS R-2008-44 WHEREAS, the City of Monroe ("City") has previously determined to undertake a project for various vehicles and equipment, and the Director of Finance axld Administration has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED, as follows: 1. The City hereby determines to finance the project through RBC Bank, in accordance with the proposal dated May 23, 2008. The amount financed shall not exceed $1,988,480, the annual interest rate (in the absence of default or change in tai: status) shall not exceed 3.19%, and the financing term shall not exceed 59 months from closing.. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. Bobby G. Kilgore, Mayor; James R. Fatland, Finance and Administration Director; and Bridgette Robinson, City Clerk, are authorized to take all necessary and convenient steps, including executing the Loan Documents and any other documents, to carry out these resolutions. The Financing Documents shall include a Financing Agreement and -an Escrow Agreement as RBC Bank may request. 3. The Director of Finance and Administration is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to sucll officer's satisfaction. The Financing Documents shall be in such fnal forms as the Directtor of Finance and Administration shall approve, with the Director of Finance and Admimistxation's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. All prior actions of City officers in furtherance of the; purposes of this Resolution are hereby ratified, approved and confirmed. All other Resolutions (or parts thereof) in conflict with this Resolution are hereby repealed, to the extent of the conflict. This Resolution shall take effect immediately. ~1 Adopted this 3rd day of June, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None B. Authorization to Negotiate 2006 and 2007 Eauipment Installment Financings with RBC Bank. Council Member Keziah moved to authorize staff to negotiate the refinancing of the 2006 and 2007 equipment installment financings with RBC Bank. Council Member Smith seconded the motion, which passed unanimously with the following votes: Regular City Council Meetrn€; June 3, 2008 Page 105 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None Item No. 9. Intent to Abandon a Portion of Unopened Davis Street. Engineering Director Jim Loyd advised that the applicant had withdrawn this application and it, was no longer on the Agenda for consideration; therefore, no public hearing was'. held. Item No. 10. Zoning Map Amendment Request (Amendment 21 for Conditional District "Woodland Creek" Located off Secrest Price Road. ~--1 A. Public Hearing. Mayor Pro Tem Bazemore opened the duly advertised public hearing. Planner Doug Britt stated that this was a consideration of an amendment of the rear-yard setback for lot #9 of the Conditional District "Woodland Creek" filed by Persis-Nova Construction Company. He advised that the subject property was located within the Woodland Creek subdivision at the intersection of Lucy Drive and Woodland Creek Drive. The "Woodland Creek" conditional district was approved by Council in May 2006 Mr. Britt stated that lot #9 was platted and recorded as part of Phase I of the development. There has been one previous amendment to the conditional district that involved the addition of alleyways and the modification of the phase lines. Mr. Brritt advised that the applicant was now requesting to amend the rear-yard setback for lot #9 located =at 3304 Lucy Drive. The rear-yard setback for the "Woodland Creek" conditional district was approved at ten feet. The applicant is requesting the setback be modified to nine feet for this lot only, in order to accommodate a detached garage that was constructed within the required tf:n foot setback. Staff and the Planning Board recommended approval of the request with the understanding that mistakes are made, but the applicant has been advised that no additional amendments of this nature would be recommended for approval. There being no other speakers, Mayor Pro Tem Bazemore closed the public hearing. B. Action -Zoning Map Amendment. Council Member Keziah moved BE IT ORDAINED that this property be rezoned Conditional District "Woodland Creek Amendment 2." Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None C. Action -Resolution of Land Development Plan Compliance -Conditional District "Woodland Creek -Amendment 2." Council Member Keziah moved to adopt Resolution R- 2008-43: RESOLUTION OF LAND DEVELOPMENT' PLAN COMPLIANCE CONDITIONAL DISTRICT "WOODLAND CREEK AMENDMENT 2" Regular City Council Meeting June 3, 2008 Page 106 R-2008-43 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 "Woodland Creek" further described 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, its furtherance of 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 the property referenced as lot # 9 at 3304 Lucy Drive within the Woodland Creek Subdivision. Adopted this 3rd day of June, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and Mayor Pro Tem Bazemore NAYS: None Item No. 11. Public Comment Period. A. Saluda Anthony. Mrs. Saluda Anthony stated that she was in opposition to the proposed building of a gymnasium in the Maurice Street area. She stated that back in the 1980's the City began an urban renewal project in the Winchester Community. Ms. Anthony stated that the City made a promise to build a park and a library. She advised that these structures have never materialized and felt these were empty promises. Ms. Anthony stated that she, along with 11 other people, served on the City's Steering Committee for the Winchester Community. She advised that the committee met and decided on a plan for the community to be developed both economically and socially. She stated that the principles of the plan were consistent with balancing the economic area and the physical area of the community. She stated that it was anticipated that 17 acres would be developed in the Winchester area. Ms. Anthony read excerpts from the September 30, 2004 meeting outlining the details of the plan. Ms. Anthony stated that single issue planning such as a ,gymnasium instead of revitalizing the entire community did not seem to be a well thought-out plan. She stated that when people in an ethnic community heard the words "renewal and development" they tried to shake off their doubts and fears. However, when the community heard about a single facility with the plans adopted over four years ago that have all of a sudden vanis;hecl, it made the community wonder if they were invisible. She challenged City Council to do vvha.t was promised for the Winchester Community. S. Ora Levin~ston. Mrs. Ora Levingston expressed corlcern with the Winchester Community project. She stated that in 2004, the neighborhood was called to a meeting by City Regular City Council Meeting June 3, 2008 Page 107 representatives. During this meeting, the community was informed of a desire for the City to build Habitat and CDC homes in the area. Mrs. Levingston stated that the community was opposed to this because they had been informed that the area was zoned for small business and small business was what the community continued too request including asuitable-sized community center. Ms. Levingston advised that the Steering Committee was formed which included COG member Bill Duston. She advised that in March 2005, the Steering Committee completed its tasks. She stated that in Spring 2006, Mr. Duston made his presentation to Council and Council approved and accepted the recommendations. Since that time, the neighborhood has heard nothing from Council. Ms. Levingston stated that she appeared before Council in 2007 and reminded them of their promises and requested that money be included in the 2007-2008 budget to begin something on the project and to let the neighborhood know what the intentions of the Council were and what Council was actually doing. Mrs. Levingston stated that when she sat down after addressing Council, she had the feeling she must have become invisible and inaudible. She stated that one person spoke and reassured her that she was visible and audible. She stated that she was deliberately ignored because she received no response. Mrs. Levingson stated that one year later, the people in the neighborhood advised that they had received no response either. She stated that she grew up learning that a person's word was his bond and she was taught to trust what she was told until people prove otherwise. Mrs. Levingson stated that the neighborhood was still waiting for a response and action by Council. She stated that the neighborhood still wanted what was requested in the beginning. Mrs. Levingston requested that if inclusion in the budget and annual plans were necessary, she requested that Council do whatever was necessary to began something on the project and report to the neighborhood on what they are doing and what they intend to do. Mrs. Levingston stated that she was addressing Council as a concerned citizen and that she had not been sent by the Winchester Community or anyone else. C. Revonda Crowder. Mrs. Revonda Crowder stated that she was also on the Steering Committee and concurred with the comments made by Mrs. Saluda and Mrs. Levingston. Council Member Nash stated that she served on the Steering Committee. She stated that the City did adopt the plan. She stated that it took a long time to get the plan formulated and felt the concerns of these citizens were valid. Council Member Nash stated that one of the main things the neighborhood wished to see was a Teen Center. In response to a question concerning a recommendation, Council Member Nash felt that the City needed to set aside funding to say the City is heading in that direction. However, Council just finished a budget work session and this was hard. She felt that if Council set aside some money for the project this would show a good faith effort. Council Member Jordan stated that during a budget work: session, he had asked that monies be set aside as a "project reserve fund" for that property so that as the City moved forward with putting something in the Winchester area, there would be engineering monies, matching monies, Regular City Council Meeting; June 3, 2008 Page i08 and soft cost monies for the development. He advised that one time, Council had set aside $300,000 for the project; however, some of the money ]zas been used for the daycare center. Council Member Jordan stated that until the City makes a commitment in the form of dollars - anything the City said was not going to be perceived as sincere. He hoped that this year, the City made sure that it continued to honor the request that has lbeen presented by the community and move forward with the plan that was adopted by Council. Council Member Jordan stated that as budget options are being looked at he hoped that the City wound continue to view the concerns of the community seriously. Mayor Pro Tem Bazemore -asked Council Member Jordan if he would be able to have specifics for this item available at the June 17 Recessed City Council Strategic Planning Meeting for continued budget discussions. Council Member Jordan advised that he would. Item No. 12. Closed Session Pursuant to N.C.G.S. 143-~318.11(a)(6). Council Member Smith moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(6). Council Member Keziah seconded the motion, which passed. unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, and-Mayor Pro Tem Bazemore NAYS: None Upon return from Closed Session and there being no further business, the Regular City Council Meeting of June 3, 2008 adjourned at 7:00 p.m. Attest: Brid ette H. obinson,~ity Clerk ~~ ~ ~ ~~~~~ E. Bazemore, Mayor Pro Tem Regular City Council Meeting June 3, 2008 Page 109 'r This instrument drafted by: City of Monroe After recording, mail to: Bobby Grin P.O. Box 308 Monroe, NC 28l 11 NORTH CAROLINA) ACCESS EASEMENT UNION COUNTY) _ j~'~ This ACCESS EASEMENT, made• and entered into this ;v~ day of T -+ e , 2008, by and ( between the CITY OF MONROE, a North Carolina municipal corporation, (hereinafter referred \~ to as "C>.ty ), and Johnny Ray Penegar and wife, Jane Greene Penegaz, of Union County, North Carolina, (hereinafter referred to as the "Developer"'); WITNESSETH: THAT WHEREAS, City is the owner of a certain tract or parcel of land known as Lake Twitty, located in, Union County, North Carolina, which adjoins certain land to be purchase by the Developer, more pazticulazly described as Parcel # 09-075-012, and by deed recorded in Book ~ 9/ 3 ,Page Soo ,Union County Registry; and WHEREAS, as part of the property acquisition and construction of Lake Twitty, the City entered into an agreement with Marie P. Price, to grant ac~~ess to the above referenced land for designated use, but no details of the granting were established; ;and WHEREAS, Developer desires to build two (2) residential dwellings on the subject land and use the access easerent for access to the dwellings, thereby expanding the use of the prior easement. NOW, THER>':.FORE, the City, does hereby grant, bargain and convey unto the Developer, their successors and assigns, a perpetual right and easement, across the lands of the City, for the sole purpose of accessing two residential dwellings as desc:ribe:d herein, subject, however, to the following terms and conditions. Regular City Council Meeting June 3, 2008 Exhibit "A" Page 1 of 5 I I I V t I r ~'"~ 1. City does hereby convey to Developer a twenty foot easement for ingress, egress and regress, as shown on attached Exhibit A. The Developer shall have access to said easement, as defined herein, 24 hours per day. 2. Said easement shall be for access only, and not for any other use thereof, accept that the City will allow a single potable water line, not to exceed two (2) inches in diameter, to run within the granted easement along an alignment approved in advance by the City of Monroe. No other utilities, public, or private, will be allowed. Any damages caused by the installation, operation, or breakage of said water line shall be the full responsibility of the Developer. 3. Said easement shall be for accessing two residential dwellings only. Any future subdivision or development of said property will require an alternate access method and route. 4. Improvements shown on Exhibit A, and on the sealed engineering drawings prepazed by Lawrence Associates, shall be constructed. Responsibility for cost, construction and maintenance of said improvements will be as follows: Facility Responsible Party Gate i ** City 50% and Developer 50% Gate 2 Developer Gate 3 Gravel roadway west of Gate 2 Gravel roadway east of Gate 2 Guardrail and Fence I RCP 54-inch Culvert City City Developer (as approved by City) Developer (as approved by City) City ** Gate 1 shall be owned by the City. Cost of installation and maintenance shall be billed to the Developer based on the percentage shown above. Should the Developer acquire an altemate access to the subject property from other adjoining properties at a future date, then the easement shall be declazed null and void. If this occurs, the Developer shall be responsible for removing Gate 2, and the Developer's financial '' ~ obligation for Gate 1 shall expire upon return of all Gate 1 remote opening devices. 5. The Developer agrees to maintain the following operational schedlue of Gates 1, Gate 2, and ~, I Gate 3 as shown on Exhibit A. Lake open and Lake closed season is established annually by the City and will be communicated to the Developer. Gate # _ Lake Open Season #1 Open during Operating Hours #2 Closed {for car access only) Lake Closed Season Closed Open (for car access only) i Regular City Council Meeting ff T nP~ ~nnu _ Exhibit "A" Page 2 of 5 #3 Open during Operating Hours Closed Keys and remote opening devices for Gate 1 shall be provided by the City and copies given to the Developer to facilitate access in and out of the gate. Keys and remote opening devices for Gate 2 shall be provided by the Developer and copies given to the City for access in and out of the gate. 6. The Developer agrees to strictly abide by all City, State and Federal laws related to Lake Twiny, including but not limited to Local Ordinances, Watershed and Vegetative Buffer Rules, etc. ~. The Developer, to the maximum extent allowed by law, shall defend, indemnify, and save harmless the City of Monroe, its agents, officers, and employees, from and against all ~'1 charges that arise in any manner from, in connection with, or out of this agreement as a result of the acts or omissions of the City except for damage or injury caused solely by the negligence of the City its agents, officers, or employees. 8. If Developer fails to comply with any of the requirements set forth in this easement, then the City, after fast giving Developer thirty (30) days' written notice of such violation and a reasonable opportunity to comply with the terms hereof, shall be permitted to declaze this easement to be null and void and of no further force and effect. TO HAVE Al~i]D TO HOLD, the City covenants herein that it is seized of the premises in fee simple and said access easement thereunto belonging to Developer, their successors and assigns as such, it being agreed that the right of access as established herein runs with the land of the Developer as set forth herein above. IN TESTIMONY WI~REOF, City has caused this insUument to be executed, by authority of its City Council, and the Developer as of the day and year i:irst above-written. CITY OF MONROE DEVELOPER ~~ ~ C - .E. Bazemore, Mayor Pro Tem ,- h ~ `~ ~ ~ ~1 ATTEST; C`~1^ 1 1~~~'R 7 VI V( Bri~gette H. Robinson, City Clerk Jane Greene Regular City Council Meetin;; June 3, 2008 Exhibit "A" Page 3 of 5 NORTH CAROLINA UNION COU]~dTY I, Sherry K. Hicks, Notary Public, in and for said County and State, do hereby certify that Bridgette H. Robinson personally appeared before me this day and acknowledged that she is the City Clerk of the City of Monroe, a municipal corporation of said state, and that by virtue of said office is also Clerk to the City Council of said City, and that by authority duly given and as an act of said City, the foregoing instrument was signed in the name of the City and in her presence by its Mayor Pro Tem, sealed with the corporate seal of said City, and attested by herself as its City Clerk. Witness my hand and notarial seal, this ~hGl day of June, 2008. ^ ^ - . -~ She .Hicks, Notary Yu }ic^ My {:ommissioner Expires: ~ 1-~US72-0~.b -~ NORTH CAROLINA UNION COUNTY I, .~ct ra {, Q. S j"a rti es a Notary Public in and for said County and State do ~ hereby certify that Johnny Ray Penegaz and Jane Greene Penegar personally appeared before me ( ` this day and acknowledged the due execution of the foregoing instrument for the purpose and t intents therein expressed. Witness my hand and Official Seal, this the ~__ d.ay of Tu.nc , 2008. ~,;~ ~yOTARy~'L4`n ~k ~k ~k . G'•. PUBLIC U .• •. . 2 ~i~~~/ . ~ ~y ~~~~~ ,~-~. Notary Public Commissioner Expires: .Z f yl1 e/3 Regular City Council Meeting June 3, 2008 Exhibit "A" Page 4 of 5 Exhibit "A" N orle B Pr1 0907S0f2 ,ate' ~~ . \VlL"~ . 'a ~" N 11ra City of Monroe 09075008 .a. ,..n, pe ~'r aw. nonnr~ N/~ Thoma9 N. McCollum 0907501 i!A 3466/128 arror..or sir d ,an.oq Ab a/ AtrN CwWIq uww awr0' t r. taba' ianu+c~ arWi M.t Mi ofat .er awn ewe. w' wp` wind !hN tM pot R p~M , w Pn•Po+ a d rwww+n m/X d 4 naf to M• ~w.wil 1 a1 poP~y N~owa '''~'. CAJto~O4 rp~o~f4,sif w~`9 t t ~ c ,~Aqs ~;~L D ~~1~'jOp 9 ~p ~q 4 GRAPHIC SCALE ~ p o 70 p X30 i~ J ~ _~ (IH FELT) _,~ ~ S 1 lnoh ~ 80 t! ^h ~' d~ R~ Ud (,arA ~~ y 1 ~~ _ 1 f Easement Survey (12,796 Sq Ff) ~D1/ City of Monroe (Cwner) Monroe township Union County orpd .Dolt r : eo' oROt L~ la Nif nMlfnan SO+Mt / PO Bn7 7Wf Asso `°~~ °t~ ~~ Yarrat Abdl tbabn 28It0 idgbaie t7ul Td9-101J Omwino File Peneaor Drive-Esmt Drawirnq na 08/24 /ob no. 1937 j Regular City Council Meeting June 3, 2008 Exhibit "A" Page 5 of 5 Phis instrument drafted by and after recording, mail to: Terry M. Sholar City of Monroe P.O. Box 69 Monroe, NC 28111 NORTH CAROLINA UNION COUNTY DEED OF CORRECTION This Deed of Correction, made and entered into this day of August, 2008, by and between the City of Monroe (City); and Johnny Ray Penegar and wife, Jane Greene Penegar (Developer), all of Union County, North Carolina. WITNESSETH: THAT WHEREAS, said City and Developer entered into azt Access Easement heretofore executed by both the City and Developer a certain Instrument dated June 3, 2008, and recorded in Book 4913, Page 807 in the office; of the Register of Deeds of Union County; and WHEREAS, said instrument contained a description whiich referenced a sketch plat attached as Exhibit A; and WHEREAS, by mutual mistake said Exhibit A erroneously depicted the easement intended to be conveyed; and WHEREAS, said Developer has requested said City to c~orre;ct said error and said Grantors have agreed so to do; and WHEREAS, the correct description intended is attached hereto as Exhibit A which is incorporated herein by reference. Now, therefore, said City, for the purpose of correcting said error does hereby grant, bargain, and convey unto the Developer, their heirs, successors and assigns, a perpetual right and easement, across the lands of the City as described in Exhibit A attached hereto and incorporated by reference for the purpose of and subject to the same terms and conditions set out in the original Access Easement recorded in Book 4913, page 807, Union Public Registry. I, E P R r ~ ~ ~ ~ '~ '~'~" , a Notary Public in and for said County and State do hereby certify that Johnny Ray Penegar and Jane Greene Pe;negar personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purpose and intents therein expressed. Witness my hand and Official Seal, this the aST ~_ day of ~qu5-t- , 20 0 $ . -~ Notary Public My commission expires: 3 -1$ ' o'to I o In Testimony Whereof, said parties have hereunto set their hands and seals the day and year first above written. ATTEST BY: ~~--~ (SEAL) City Manager 1~ Yl~~ie~~ ~ • ~ r~]l ~/IsQ~;I Bridgett -i. Robin on, City Clerk NORTH CAROLINA UNION COUNTY DEVELOPER By: ~ SEAL) J Ray Peneg ,g By R,~,.c-,. ~a f Jane Greene Penegaz I, ~S ~~~ rH K • ~ i GkS ,Notary Public, in and for said County and State, do heresy certify that Bridgette H. Robinson I>ersonally appeared before me this day and acknowledged that she is the City Clerk of the: City of Monroe, a municipal corporation of said state, and that by virtue of said office is also Clerk to the City Council of said City, and that by authority duly given and as an act of said City, the foregoing instrument was signed in the name of the City and in her presence by its City Manager, sealed with the corporate seal of said City, and attested by herself as its City Clerk. Witness my hand and notarial seal, this o'10~' day of _ tt ~ _, 2008. C. , Notary Publ My Corunission Expires: O 10 NORTH CAROLINA UNION COUNTY CITY OF MONROE i seen. N/F Found Mgrie B Price 09075012 ~ ~~ a N1t1:7/ 56•£ 3?.7I' (Told) 27.86' Iron ??.18, _ Found ~~' Ollvt Vicinity Map ~a ~ ~~ ` ~ ~j. y ~,~ ~ ~~ ~~ N r. :eke `"\ Z~~ 'witty '-~`~~ ~&~ i'~i. .~ ~,, 9 Z~ ~ ~ N/F The City of Monroe 09075008 N,~F Thomas H. McCollum 09075 012A 3466,/128 rarNticata aI ~^eY and ~caunxy Stole of Na~Dr Cardhq tln/an Comfy w~ r. ~ ~ ~ 1, Md'rv~ R Lo~raocq cstlfy that thls plot ww dcsn under mY mper- vLvlan and Urot fhs plot na prgoarod for the pwpose o/ ocquLdtkn ,$ and mxsemarta anln and 1s not blended to be a a«mdary survey ~~ + of prgoerty :dram. 1 ~ ~ ~,, ^' . ~ 1 ~_. day of At_h3 l~ AD., 100 ~ ~, `~ Z~ ~a~ der caG hk7L5 L-4495 ~ ~~ ~ ;o~~ oC SR ~/~,y ~ ~, ~ ; ~ m ~ Q,= ~ = y , ~ ~.~a95 _ o '3 s~ ~"3 ~~ ~ m ~^ ~' ~.: s o ~ GRAPHIC SCALE Zw Z$~$y~~ 1 - - ( IN FEET) ~- ~ u 1 inch = 60 ft rt~w ~• ~"` = ~' Oanlderi Road ~ ~;2z7ts O~/~ S1op0oe'~"w ~~ ~_ r ~ ~ 1 Easement Survey (13, 078 Sq Ft~ City of Monroe (Owner) Monroe Township, Union County, NC Qrlgmol scale 1 = 60' Dote: 5/12/QB Asso Lawrence Associates, P. A. Revision: 68/o4/DB !06 Wesf /ellerson Street / f'0 Box 1014 Monroe, North Carolina 28110 Te%phane: (704) 189-1013 _~,~_ Orowinq File Penegar Drive-Esmt Drawin.q no. 08/24 /ob no. 1937