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04/15/2008 Regular City Council Meeting.~ ~ -~ CITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 APRIL 15, 2008 - 6:30 P.M. AGENDA www.monroenc.or~ 1. Recognition -March 2008 Citizen Recycling Incentive Program Awards 2. City Manager Comments A. "Pigs in the Park" Second Annual BBQ B. Water Supply Update C. Project Updates on City Facilities D. Police Firing Range E. "Customer Service Appreciation Day" at Charlotte-Monroe Executive Airport F. Dedication Ceremony for Fire Station #5 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: 3. Approval/Acceptance of Minutes A. Minutes of Annexation Committee Meeting of September 20, 2007 B. Minutes of Union County Historic Preservation Commission Meeting of March 4, 2008 C. Minutes of Public Safety Committee Meeting of March 19, 2008 D. Minutes of Airport Commission Meetings of January 7, 2008, February 4, 2008, and March 3, 2008 E. Minutes of Planning Board Meeting of April 2, 2008 (Draft) F. Minutes of Economic Development Commission Meeting of February 7, 2008 G. Minutes of Customer Service Committee Meeting of January 14, 2008 and February 18, 2008 H. Minutes of Tourism Development Authority Meeting of February 14, 2008 I. Minutes of Finance Committee Meeting of March 19, 2008 4. Ordinances • A. Adopting the Thirteenth Supplement to the City of Monroe Code of Ordinances B. Amending Code of Ordinances - Chapter 32: Boards, Commissions and Departments -Downtown Advisory Board 5. Resolutions Regulaz City Council Meeting April I, 2008 Page 148 A. Endorsing the Turnpike Authority Decision to Eliminate US 74 from Further Consideration as Alternative and Reiterating Support for Monroe Bypass Connector B. Authorizing Acquisition of Property at 329 East Franklin Street by Condemnation 6. Budget Amendment -Roof Replacement for Winchester Head Start Building <` 7. Budget Ordinance for Aquatics & Fitness Center Improvements 8. Call For Public Hearing to be Held May 6, 2008 to Consider Zoning Map Amendment Request by Stegall Oil Company for Property Located at the Corner of Morgan Mill Road and Stafford Street Extension from General Industrial to Conditional District "Stegall Petroleum" 9. Call for Special City Council Legislative Breakfast Meeting to be Held Apri129, 2008 at 7:30 a.m. at Hilltop Restaurant 10. Adoption of Policy for Economic Development Aircraft Incentive Grant 11. Request for Sewer Easement for Braswell Property Development 12. Fiscal Impact of Agenda Items 13. Monthly Report from Finance and Administration Department 14. Summary of Contracts Awarded, Approved Change Orders, Settlement of Claims 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. 15. Award of a Level I-a Grant for American Wick Drain Corporation A. Public Hearing B. Action 16. Recommendation of Appointments from Citizens Appointment Committee 17. Public Comment Period 18. Budget Appropriate for Police Athletic League 19. Closed Session-N.C.G.S. 143-318.11(a)(3) Regulaz City Council Meeting April 1, 2008 Page 149 CITY OF MONROE REGULAR CITY COUNCIL MEETING APRIL 15, 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 15, 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, City Manager F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: Council Member Robert J. Smith. Visitors: Jan Ball, Gerald Buckalew, Mike Courtney, Mark Donham, Jim Fatland, Bryan Gilliard, Todd Hedgepeth, Vickie Hedgepeth, Wayne Herron, James Kerr, Debra Korb, Ron Mahle, David McCallister, Jr., Bob Meadows, Chris Plate, Robert Semrad, Gary Taylor, Duane Wingo, and others. Mayor Kilgore called the Regular City Council Meeting of April 15, 2008 to order at 6:30 p.m. _ A quorum was present. Item No. 1. Recognition -March 2008 Citizen Recvclin~ Incentive Pro>iram Awards. Mayor Kilgore recognized the winners of the Citizen Recycling Program Awards for February 2008: First Place -Gerald R. Buckalew ($200) and Second Place -Bob Meadows ($100). Mr. Buckalew will compete with future monthly winners for the annual grand prize of $500 which is being provided by Allied Waste Industries in June 2008. Item No. 2. City Mana;?er Comments. A. "Pigs in the Park" Second Annual BBQ. City Manager Meadows advised that the second annual "Pigs in the Park" BBQ was very successful. He commended the Parks and Recreation Department for their hard work on this event. Mayor Kilgore and Council thanked all City staff who participated in making this event successful. B. Water Supply Update. City Manager Meadows advised that water was coming over the dam at Lake Twitty. He commended the citizens for their efforts made in conservation and encouraged them to continue to be conscious of conservation efforts. Regular City Council Meeting April I5, 2008 Page 150 C. Proiect Updates on City Facilities. City Manager Meadows reported that the flooring was being replaced at the Dickerson Gym this week. There are additional projects at the other ~ recreation facilities to be completed and they are moving forward. D. Police Firing Range. City Manager Meadows stated that the Police Firing Range building had its final inspection on April 14 and should be ready for use in approximately 40 days. An "Open House" will be held at the Police Firing Range within the next couple of weeks. E. "Customer Service Appreciation Day" at Charlotte-Monroe Executive Airport. A "Customer Service Appreciation Day" will be held at the Charlotte-Monroe Executive Airport on April 19 from 11 a.m. to 1 p.m. This event will involve the presentation of the name change, expansion projects, and open house of the FlyCarolina's facility. F. Dedication Ceremony for Fire Station #5. On May 18, there will be a dedication of Fire Station #5. Additional details regarding the dedication will be forthcoming. CONSENT AGENDA 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. 3. ApprovaVAcceptance of Minutes. A. Minutes of Annexation Committee Meeting of September 20, 2007. Minutes of the Annexation Committee Meeting of September 20, 2007 were received as information by Council. B. Minutes of Union County Historic Preservation Commission Meeting of March 4, 2008. Minutes of the Union County Historic Preservation Commission Meeting of March 4, 2008 were received as information by Council. C. Minutes of Public Safety Committee Meeting of March 19; 2008. Minutes of the Public Safety Committee Meeting of March 19, 2008 were received as information by Council. D. Minutes of Airport Commission Meetings of January 7, 2008, February 4, 2008, and March 3, 2008. Minutes of the Airport Commission Meetings of January 7, 2008, February 4, 2008, and March 3, 2008 were received as information by Council. E. Minutes of Planning Board Meeting of April 2, 2008 (Draft). Minutes of the Planning Board Meeting of Apri12, 2008 (Draft) were received as information by Council. Regular City Council Meeting April 15, 2008 Page 151 F. Minutes of Economic Development Commission Meeting of February 7, 2008. Minutes of the Economic Development Commission Meeting of February 7, 2008 were received as ~1 information by Council. G. Minutes of Customer Service Committee Meeting of January 14, 2008 and February 18, 2008. Minutes of the Customer Service Committee Meetings of January 14, 2008 and February 18, 2008 were received as information by Council. H. Minutes of Tourism Development Authority Meeting of February 14, 2008. Minutes of the Tourism Development Authority Meeting of February 14, 2008 were received as information by Council. I. Minutes of Finance Committee Meeting of March 19, 2008. Minutes of the Finance Committee Meeting of March 19, 2008 were received as information by Council. Item No. 4. Ordinances. A. Adopting the Thirteenth Supplement to the City of Monroe Code of Ordinances. City Clerk Bridgette Robinson advised by memorandum that American Legal Publishing Corporation had completed the Thirteenth Supplement to the City Code. This Supplement includes all Ordinances adopted by City Council through December 31, 2007. Staff recommended that Council adopt an Ordinance accepting the Thirteenth Supplement to the City of Monroe Code of Ordinances. Council Member Nash moved to adopt Ordinance 0-2008-17: ORDINANCE ENACTING AND ADOPTING THE THIRTEENTH SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MONROE, NORTH CAROLINA 0-2008-17 WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the thirteenth supplement to the Code of Ordinances of the City of Monroe, North Carolina, which supplement contains all Ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Municipal Corporation; and WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the North Carolina General Statutes; and WHEREAS, it is the intent of the City Council to accept these updated sections in accordance with the changes of the laws of the State of North Carolina; and WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this Ordinance take effect at an early date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE, STATE OF NORTH CAROLINA: Regulaz City Council Meeting April 15, 2008 Page 152 Section 1. That the thirteenth supplement to the Code of Ordinances of the City of Monroe, North Carolina as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety. Section 2. Such supplement shall be deemed published as of the day of its adoption and approval by the City Council and the City Clerk is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk. Section 3. This Ordinance shall be in full force and effect on and from the date of its adoption. PASSED AND ADOPTED by the Monroe City Council on this 15~h day of April, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. AmendinE Code of Ordinances -Chapter 32: Boards, Commissions and Departments - Downtown Advisory Board. Assistant City Manager Wayne Herron advised by memorandum that the Citizens Appointment Committee met to appoint the members to the Downtown Advisory Board. The Committee recommended that the Downtown Advisory Board Ordinance be amended to change the membership from ten to 14 and that a Chair and Vice-Chair be appointed by Council for the first term. The Board will elect a Chair and Vice-Chair for all subsequent terms on an annual basis at the first regular meeting of each calendar year. Staff recommended that Council adopt an Ordinance approving the text amendment. Council Member Nash moved to adopt Ordinance 0-2008-19: ORDINANCE TO AMEND TITLE III, CHAPTER 32 OF THE CITY OF MONROE CODE OF ORDINANCES ' 0-2008-19 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE III, CHAPTER 32 OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Regular City Council Meeting April 15, 2008 Page 153 TEXT AMENDMENT Section 1. Amend Chapter 32 "Boards, Commissions and Departments" by adding the following: DOWNTOWN ADVISORY BOARD §32.130 CREATED. The Monroe Downtown Advisory Board having been created by the City of Monroe City Council shall be hereafter referred to as the "Downtown Advisory Board". The Downtown Advisory Board shall be considered a "public body" and is subject to all rules and regulations for public bodies contained in the North Carolina's Open Meetings regulation (i.e. Law, G.S. 143-318.10 et seq). §32.131 MEMBERSHIP, TERMS OF OFFICE, AND ELECTION OF OFFICERS. A. Membership. The Downtown Advisory Board shall consist of fourteen (14) members. B. Terms of office. Members of this board shall serve staggered, three-year terms with no limit on the number of terms a member may serve. C. Election of Officers. A Chair and Vice-Chair will be appointed by the City Council for the first term. The board will elected a Chair and Vice-Chair all subsequent terms on an annual basis at the first regular meeting of the calendar year. §32.132 MEETINGS, ATTENDANCE, AND COMPENSATION. A. Meetings. The board shall establish its meeting schedule. Special meetings may be called by the chair or, in her/his absence, by the vice-chair, and special meetings shall be called upon the request of a majority of members of the board. B. Attendance. If any member of the Downtown Advisory Board is absent for three (3) consecutive regular meetings without an excused absence being approved by the chair or fails to attend thirty (30) percent or more of the regular meetings within atwelve-month period, such member shall be removed and a replacement made for the unexpired portion of the term. C. Compensation. Members of the Downtown Advisory Board shall receive compensation in the amount of $75 per month for the Chairman and $50 per member, per meeting attended, and is reimbursed for all expenses incurred by them in the course of their duties. §32.133 QUORUM AND VOTING. A quorum shall be constituted by a simple majority of board members, excluding vacancies. The chair or the presiding member of the board shall vote on all matters of business considered by the board. A quorum shall be required before any vote is taken. Regular City Council Meeting April 15, 2008 Page 154 §32.134 GENERAL DUTIES AND POWERS. ~ The general purpose of the Downtown Advisory Board is to serve as an advisory board to the City Council subject to such limitations as may be imposed by state law or by ordinances of the city, the board shall be embodied for the following purposes: 1. Advise, deliberate and make recommendations to the City Council to help facilitate the implementation of the Downtown Master Plan. 2. Serve to support economic development efforts, and the marketing and promotion of downtown. 3. Identify appropriate uses for downtown and identify developers/investors for downtown development. 4. Recommend to City Council an overall policy for the continued development and sustainability of downtown. 5. Develop financial tools for downtown development. 6. Promote and facilitate the improvement of downtown infrastructure, including water, public safety, parks, parking, transportation, utilities sidewalks, sewer, and streetscape. 7. Promote and facilitate a program to assist in business retention in the downtown. 8. Promote and facilitate a marketing program to increase sales, visitors, and awareness of downtown. 9. Provide City Council with representative community participation in preparing and implementing plans and reports concerning development of downtown. 10. Promote, facilitate, and act as liaison to catalytic developments significantly affecting the downtown area. Adopted this I5`h day of April, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Resolutions. A. Endorsing the Turnpike Authority _ Decision to Eliminate US 74 from Further Consideration as Alternative and Reiterating Support for Monroe Bypass Connector. Assistant City Manager Herron stated that the North Carolina Turnpike Authority was continuing its study of the Monroe Bypass/Connector and was looking to select a preferred alternative route this year. He advised that there were a number of agencies that participated in the route selection process. A number of these agencies have requested that the existing Highway 74 continue to be studied as a possible toll facility. Mr. Herron reported that the Turnpike Authority believed it had adequately shown that the existing Highway 74 was not a feasible alternative for a toll facility and would like to eliminate it from consideration so that they can concentrate their efforts on the routes that are planned for new alignment to the north. Staff and the Transportation _ Committee recommended that Council adopt a Resolution endorsing the Turnpike Authority's decision to eliminate US 74 from further consideration as alternative and reiterating support for the Monroe Bypass Connector. Regulaz City Council Meeting April 15, 2008 Page 155 Council Member Nash moved to adopt Resolution R-2008-31: RESOLUTION ENDORSING THE TURNPIKE AUTHORITY DECISION TO ELIMINATE US 74 FROM FURTHER CONSIDERATION AS AN ALTERNATIVE AND REITERATING SUPPORT FOR THE MONROE BYPASS CONNECTOR R-2008-31 WHEREAS, the North Carolina Turnpike Authority is engaged in a detailed study analysis of human and environmental impacts for a reduced list of 16 alternatives for the location of the Monroe Bypass Connector; and WHEREAS, the purpose of the proposed action is to improve mobility and capacity within the US 74 corridor that bypasses Monroe and allows for high-speed regional travel consistent with the designations of the NC Strategic Highway Corridor system and the NC Intrastate System, while maintaining access to properties along existing US 74; and WHEREAS, selecting alternatives E, F, G, E1, Fl, E2, F2, E3, and F3 will have significant adverse impact to the approximately 500 businesses along US 74 in Union County; and WHEREAS, the alignments the Turnpike Authority have selected for detail study satisfy the purpose and need for the project; and WHEREAS, upgrading the existing facility would not provide relief to the existing traffic safety concerns relative to the high speed traffic. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Monroe hereby supports eliminating US 74 and reiterates its support for new location alternatives for the Monroe Bypass Connector. Adopted this 15`" day of April, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Authorizing Acauisition of Property at 329 East Franklin Street by__Condemnation. City Attorney Terry Sholar advised by memorandum that the real property located at 329 East Franklin Street was currently owned by Freddy Lara and wife, Walkiria Hidalgo Lara. He advised that the City was interested in acquiring the property to create and maintain a public park and open space at a critical gateway into the City. City staff has attempted unsuccessfully to acquire the property from the owners for some time. The initial step in the condemnation process is for Council to adopt a resolution authorizing the initiation of condemnation to acquire the property by eminent domain. Staff recommended that Council adopt a Resolution authorizing the property located at 329 East Franklin Street be acquired by condemnation. . Regulaz City Council Meeting April 15, 2008 Page 156 Council Member Nash moved to adopt Resolution R-2008-36: ~ RESOLUTION AUTHORIZING CONDEMNATION TO ACQUII2E REAL PROPETY FOR PUBLIC PARK AND OPEN SPACE R-2008-36 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire the real property owned by Freddy Lara and wife Walkiria Hidalgo Lara for development of a public park and open space which is a public purpose pursuant to North Carolina General Statute §§ 160A-351 and 40l et seq.; and WHEREAS, the City of Monroe has not been able to acquire the needed interest in this property by a negotiated conveyance from Freddie Lara and wife, Walkiria Hidalgo Lara, owner of Parcel No. 09-231-239; and, WHEREAS, the Monroe City Council hereby determines that it is necessary and in the public interest to acquire said property as authorized by N.C. General Statute Section 160A-240.1 and pursuant to Chapter 40A, Eminent.Domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The City of Monroe shall acquire by condemnation that certain parcel of land situated in the City of Monroe, Union County, State of North Carolina and more fully described in an instrument conveying the property described therein to Freddy Lara and .wife, Walkiria Hidalgo Lara, recorded in Deed Book 1715, page 567, Union Public Registry, on which to construct and maintain a public park and open space thereon for the purposes stated above. Said property to be acquired by eminent domain is located at 329 East Franklin Street containing 19,166 square feet, more or less along with all improvements located thereon. B. The attorney representing the City of Monroe is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest herein described. Adopted this 15th day of April, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Budget Amendment -Roof Replacement for Winchester .Head Start Building. Parks and Recreation Director Mike Courtney advised by memorandum that the roof on the original Head Start Building had deteriorated to a point that it was beyond repair and needed to be replaced. The Parks and Recreation Department has received three bids to replace the roof: Weathergard, Inc. $135,000; EnviroShield Roofing Services LLD, $64,419; and WaynCo Roofing Company, $63,500. Mr. Courtney reported that in conversation with WaynCo Roofing, the low bidder, they would be able to start the job in two to three weeks after the contract was signed. Staff recommended that Council adopt a Budget Amendment appropriating $63,500 Regulaz City Council Meeting April I5, 2008 Page 157 from General Fund Unappropriated Fund Balance to replace the roof on the Winchester Head Start Building. Council Member Nash moved to adopt Budget Amendment BA-2008-10: BUDGET AMENDMENT BA-2008-10 1. Amendment necessary to appropriate funds to replace the roof on the Winchester Head Start Building. General Fund: Revenues: Appropriation of Fund Balance $63,500 Expenditures: Cultural & Recreation $63;500 Adopted this 15`h day of April, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 7. Budget Ordinance for Aquatics & Fitness Center Improvements. Parks and Recreation Director Courtney advised by memorandum that with this being the tenth year of operation for the Aquatics & Fitness Center, it was important to begin making major facility and equipment improvements in order to ensure the ability for the facility to remain competitive and attractive to members. Mr. Courtney advised that the improvements and equipment requests included replacement of the lockers in both locker rooms ($65,000), locker room floor covering, mats and counters ($25,000); 18 treadmills, 10 cross trainers and 10 bikes ($167,000); new ~~ strength circuit ($71,000); indoor pool resurfacing ($65,000); parking lot resurfacing ($13,000); and, indoor pool HVAC condenser coil replacement ($18,000) for a total of $424,000. Mr. Courtney advised that this was the fourth year since opening the fitness room expansion where large equipment purchases were made. He advised that the cardio equipment was replaced every four years. He advised that the locker rooms were the number one complaint from members. Staff felt that getting larger lockers and reducing the number of lockers to open up the locker rooms will be a major improvement the members will enjoy. Mr. Courtney advised that the pool resurfacing, parking lot resurfacing, and HVAC were items that needed to be addressed as soon as possible. Regulaz City Council Meeting April 15, 2008 Page 158 Staff recommended that Council adopt a Budget Amendment approving funds from the Aquatics & Fitness Center Fund Balance for facility upgrades and equipment replacement in the amount of $424,000. ~~ Council Member Nash moved to adopt Ordinance BO-2008-06: CAPITAL PROJECT BUDGET ORDINANCE MONROE AQUATICS AND FITNESS CENTER BO-2008-06 WHEREAS, the Monroe Aquatics & Fitness Center desires to renovate the locker rooms, resurface the indoor pool, resurface the parking lot, repair the HVAC system and replace equipment for the Fitness Room. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe establishes a capital project entitled "Monroe Aquatics and Fitness Center Upgrades and Equipment Replacement" and appropriates the following revenues and expenses: Revenues: Transfer from the Aquatics and Fitness Center Fund Balance $424,000 Expenditures: Project Costs $424,000 Adopted this 15t" day of April, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 8. Call For Public Hearing to be Held May 6, 2008 to Consider Zoning Man Amendment Reauest by Stegall Oil Company for Property Located at the Corner of Morgan Mill Road and Stafford Street Extension from General Industrial to Conditional District "Stegall Petroleum." Council Member Nash moved to call for a public hearing to be held on May 6, 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, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 9. Call for Special City Council Legislative Breakfast Meeting to be Held April 29, 2008 at 7:30 a.m. at Hilltop Restaurant. Council Member Nash moved to call for a Special City Council Legislative Breakfast Meeting to be held April 29, 2008 at 7:30 a.m. at Hilltop Restaurant, 1602 Roosevelt Boulevard, Monroe, North Carolina to meet with local legislators to Regulaz City Council Meeting April 15, 2008 Page 159 discuss concerns and need for the betterment of the City of Monroe. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 10. Adoption of Policy for Economic Development Aircraft Incentive Grant Economic Development and Aviation Director Chris Plate advised by memorandum that the Monroe Economic Development Commission and staff of the Economic Development and Aviation Department were requesting that Council adopt a Policy for Economic Development Aircraft Incentive Grant for the recruitment of aircraft to the Charlotte-Monroe Executive Airport. The new Economic Development Grant has many attributes that are similar to the current Economic Development grants, but is substantially less than those incentives for industry. Mr. Plate advised that the new guidelines have a qualifying threshold of $20 million. The grant will be established upon the Registered Value of the aircraft with the Union County Tax Office and distributed over athree-year period. The amount for each year of the grant will be according to the following percentages: Year 1 = 45%; Year 2 = 30%; and, Year 3 = 25%. Mr. Plate advised that the company, individual or flight department applying for the grant must be in good standing with the City and the incentive is based on the applying party meeting all the performance measures in the grant agreement. One provision that was the recommendation of staff was that the incentive "sunset" automatically on December 31, 2010. Council Member Nash moved to adopt the Policy for Economic Development Aircraft Incentive Grant: ECONOMIC DEVELOPMENT AII2CRAFT INCENTIVE GRANT (CHARLOTTE-MONROE AIRPORT ONLY) (Sunsets December 31, 2010) The Monroe Economic Development Aircraft Incentive Grant Program is a set of guidelines for the administration of City resources in the in the recruitment of aircraft and aviation investment. The program created by the City Council are based in North Carolina General Statutes (NCGS §158 and § 160A). The intention of the Grant program is to maintain the flexibility to change with the particular needs and issues that arise on aproject-to-project basis; therefore, City Council may apply variances to the Grant program, as they deem necessary. Also, all grant awards are solely at the discretion of the City Council and this policy does not guarantee award. Nothing in this grant program is intended to be a pledge of the full faith and credit of the taxing power of the City of Monroe. ualification for Grant Consideration 1. To qualify for consideration for an Economic Development Aircraft Incentive Grant, a company, individual, or flight department must complete the Aircraft Incentive Grant Application. A letter of request, addressed to the City's Director of Economic Development and Aviation, must accompany the application. 2. To qualify for consideration for an Economic Development Aircraft Incentive Grant, an applicant must create a minimum capital investment new aircraft. Regular City Council Meeting April 15, 2008 Page 160 • The minimum capital investment threshold to qualify for consideration for an Economic ~~ Development Aircraft Incentive Grant shall be no less than Twenty-Million Dollars ($20,000,000). The investment must be put in place during the agreed time period established with the Grant Agreement 3. To qualify for consideration for an Economic Development Aircraft Incentive Grant, an applicant must be the principal employer of persons associated with the considered capital investment. 4. To qualify for consideration for an Economic Development Aircraft Incentive Grant, the company, individual or flight department must be the owner of record in the Union County Courthouse or demonstrate through contractual means that they are the payer of any and all fees, taxes, fuel, and utilities to the City of Monroe. ~'~} Calculation of the Grant Funding The Maximum Grant Amount is calculated by City staff prior to Monroe City Council approval and appropriation of grant monies. The amount awarded is based on the taxable capital investment over the Grant Period. The amount awarded is the maximum amount of assistance that can be received by the applicant for that specific grant. The Grant Period lasts three (3) years, beginning upon the submission of the Request for Funds Form and confirmation of all qualifying criteria. The Maximum Grant Amount will be paid in stepped amounts over the Grant Period (see example below). Grant Value = 0.5% (0.005) of the Registered Value Grant Payment given over a 3-year period Payment Schedule: Year 1 = 45% t Year 2 = 30% Year 3 = 25% Example: 0 $30, 000, 000 Aircraft Value = $1 S0, 000 over 3 years YI = $67, 500 Y2 = $45, 000 Y3 = $37,500 Qualification for Grant Pam 1. Only one (1) grant will be awarded and funded per qualifying''aircraft, including all associated hangars and land improvements, machinery and equipment purchased or relocated, and jobs created or relocated. 2. To receive any grant monies, a recipient company must be in' good standing with the City of Monroe in regards to all taxes, fees, utilities, ordinances, etc. 3. Grant payments will only be made when the minimum investment of new aircraft has been met and the recipient company has agreed to the assessed value of the qualifying aircraft, unless variances were agreed to by the Monroe City Council. Council Member Keziah seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting April 15, 2008 Page 161 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore ~~ NAYS: None Item No. 11. Request for Sewer Easement for Braswell Property Development Water Resources Director Russ Colbath advised by memorandum that Mr. James Braswell was requesting the City grant a private easement through City of Monroe property identified as the "Liquid Propane Facility" located at 1911Morgan Mill Road. He advised that the purpose of the easement was for sanitary sewer service laterals to provide service to two proposed businesses. The businesses will be a heating and air company and a vehicle towing company. Mr. Colbath advised that the 20 foot easement would run adjacent to an existing public storm drainage easement through the City's liquid propane facility property and to the City of Monroe's Bearskin Creek sewer outfall. The private easement will not 'interfere with present and future operation of the existing liquid propane facility, and shall be located outside the fenced area of the facility. The Planning Department has previously approved the subdivision plat and the Energy Services Department has also approved granting this easement. The Water Resources Department and Energy Services Department recommend approval of the proposed easement. Council Member Nash moved to approve the sewer easement request for the Braswell property development. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 12. Fiscal Impact of Agenda Items. Finance and Administration Director James Fatland advised by memorandum that the Finance Committee met on April 10, 2008 and recommended that when department heads and City committees make reports to Council, that the fiscal impact of their recommendations be added to the reports, in order to allow the Council to fully evaluate the request. Staff and the Finance Committee recommended that Council establish as policy a requirement that reports made to Council by department heads and City committees include the fiscal impact on agenda items. 1 Council Member Nash moved to establish a policy requiring that reports made to Council by department heads and City committees include the fiscal impact on agenda items. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 13. Monthly Report from Finance and Administration Department. Finance and ~ Administration Director Fatland provided Council with financial reports approved by the M Finance Committee on April 10. This item was received as information of Council only and no action was required. Regulaz City Council Meeting April 15, 2008 Page 162 ,~ Item No. 14. Summary of Contracts Awarded, Approved Change Orders, and Settlement of Cla><ms. City Manager Meadows advised by memorandum the award of contracts pursuant to Ordinance 0-2001-17, Change Orders approved pursuant to Resolution R-2000-76, and Settlement of Claims pursuant to Ordinance 0-2004-27. The following is a summary of contracts recently awarded under authority of 0-2001-17: rDate Name , ~ Pur"~ose:_ ~ Amount . 3/20/08 The S orts Floorin Grou To install new wood in Winchester G m $107,000 3/20/08 Booth & Associates, Inc. For consulting Services for the review of $25,000 electric rates 3/20/08 C & A Masonry, Inc. To construct fencing around 200 South Pump $12,343 Station 3/27/08 ARM Environmental To determine if asbestos'remediation will be *$1,075 Services, PLLC necessary before demolition of property located at 302 S. Washington Street "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 AGENDA Item No. 15. Award of a Level I-a Grant for American Wick Drain Corporation. A. Public Hearin. Mayor Kilgore opened this duly advertised public hearing. Project Manager/Existing Industry Coordinator Ron Mahle stated that this was a request from American Wick Drain Corporation for a Level I-a Economic Development Incentive Grant under the City of Monroe's Economic Development Grant Program. He advised that American Wick Drain Corporation began conversations with the City's Economic Development and Aviation Department in March 2008. The company is considering a 35,Ob0 square-foot expansion of their ~ existing manufacturing facility located in the Monroe Corporate Center. The City is in a ~ competitive situation with the company's Reno, Nevada location. The company's projected investment is approximately $4 million in new taxable building, machinery, and equipment. Mr. Mahle stated that American Wick Drain Corporation was America's largest producer of prefabricated sheet and strip drain material used in commercial, residential, and sports field applications. This proposed expansion will enable the company to broaden its product offering and increase production capacity. The Level I-a Incentive Grant amount is not to exceed $55,000 over afive-year period. There will be approximately $110,000 generated in new ad valorem taxes over the same five-year grant period. He advised that the Economic Development Commission was in unanimous favor of this grant. Regulaz City Council Meeting April 15, 2008 Page 163 Staff and the Economic Development Commission recommended that Council adopt a Resolution awarding American Wick Drain Corporation a L'`evel I-a Economic Development ~"~ Incentive Grant not to exceed $55,000. ij Mr. Robert Semrad, General Manager for American Wick, thanked Council for their consideration of this grant and requested approval of the same. it There being no other speakers, Mayor Kilgore closed the public, hearing. it B. Action -Resolution to Award Level I-a Grant for American Wick Drain Corporation. Council Member Keziah moved to adopt Resolution R-2008-32 RESOLUTION OF THE MONROE CITY COUNCIL ~~ TO AWARD A LEVEL I-A INCENTIVE GRANT TO AMERICAN WICK DRAIN CORPORATION R-2008-32 iM WHEREAS, the City of Monroe has adopted an Economiil Development Grant Program, hereinafter "Program"; and, WHEREAS, American Wick Drain Corporation., has duly applied for a Level I-a incentive grant under said program; and, WHEREAS, a public hearing was conducted by the City Council on April 15, 2008, at which hearing testimony was given by Mr. Ron Mahle, Project Manager/Existing Industry Coordinator for the City of Monroe, and company representative Mr. Robert Semrad; hand, ~, WHEREAS, the City Council makes the following findings with respect to said application: If 1. All facilities, if Monroe is the selected location, are proposed to be built and/or improved by the applicant will be on property currently within the corporate limits of the City of Monroe. it 2. The applicant will be the principal employer of persons with respect to the grant application under the Program. ,I 3. The applicant is a manufacturing business, which will have a minimum new investment of ~~ $4,000,000 in new taxable building and equipment. I` 4. No other grant from the Program has been awarded to the applicant for this project. 5. The applicant is not in the retail or the construction trade. ~E 6. That the applicant meets all other applicable requirements of the Grant Program set forth by the City Council. WHEREAS, based on the above findings and other documentation in the file, the City Council concludes that the applicant qualifies for a Level I-a Grant under the Program for an amount not to exceed Fifty-Five Thousand Dollars ($55,000.00) and paid over afive-year grant period beginning in 2010. With qualification for the grant established and the economic benefits accrued to the City in the form of new employment, increased tax base and increased City utility revenues, the grant application ti, should be approved subject to compliance with the Program and subject to appropriation; and, Regular City Council Meeting April 15, 2008 Page 164 WHEREAS, the City of Monroe anticipates entering into.' an Economic Incentive Grant ~-~ Agreement with American Wick Drain Corporation if Monroe is the selected location and pursuant to the City of Monroe Economic Incentive Grant Policy. NOW THEREFORE BE IT RESOLVED THAT the grant application of American Wick Drain Corporation for a Level I-a Grant be approved subject to compliance with the requirements and provisions of the Program and subject to appropriation. Staff is hereby authorized to negotiate an Economic Incentive Grant Agreement and the Mayor is hereby authorized to execute on behalf of the City an Economic Incentive Grant Agreement with American Wick Drain Corporation under the terms stated above and pursuant to the City of Monroe Economic Incentive Grant Policy. Adopted this 15t" day of April, 2008. '~ Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: ,~ AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 16. Recommendation of Appointments from Citizens Appointment Committee. Council Member Nash advised that the Citizens Appointment Committee met on March 31, 2008 to consider appointments to the Downtown Advisory Board. ~ Following the consideration of applications and discussion, unanimous action was taken to recommend appointment as follows: ~~ BoardlCommssiov ~~.,~ ~~~ '~' ~ ;~ s ~ `~ ~ k {.~.ct-on;~. 2 E ~ ~ ` ~F_ ' ~~~ ~ ,...e. k:` ~ 'Effective Date Date Term ~toiExpire Downtown Advisor Board A oint Renn Farmer 4/15/2008 4/15/2009 Downtown Advisor Board A oint Debra Farnum ,i 4/15/2008 4/15/2009 Downtown Adviso Board A oint Gail Privette 4/15/2008 4/15/2009 Downtown Advisor Board A oint Pam Sanders 4/15/2008 4/15/2009 Downtown Advisor Board A oint Nanc Ste hen '! 4/15/2008 4/15/2009 Downtown Advisor Board A oint Joe Beeson 4/15/2008 4/15/2010 Downtown Advisory Board A oint W. Frank Helms ,i 4/15/2008 4/15/2010 Downtown Advisor Board A oint James Kerr 4/15/2008 4/15/2010 Downtown Advisor Board A oint Tamara Wilson 4/15/2008 4/15/2010 Downtown Advisor Board A oint Jaime Wise ~~ 4/15/2008 4/15/2010 Downtown Advisor Board A oint Sheila Crunkleton as Chair 4/15/2008 4/15/2011 Downtown Adviso Board A oint John Dickerson ;, 4/15/2008 4/15/2011 Downtown Advisor Board A oint James Alleri Lee asVice-Chair 4/15/2008 4/15/2011 Downtown Advisor Board A oint Brenda Lemmonds 4/15/2008 4/15/2011 Council Member Nash moved to approve the recommended appointments as outlined above. Council Member Jordan seconded the motion, which passed unanimously with the following votes: ,E Regular City Council Meeting April 15, 2008 Page 165 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 17. Public Comment Period. There were no speakers. Item No. 18. Budget Appropriation for Police Athletic League. Council Member Keziah made a motion to appropriate $5,000 to the Police Athletic League to help start three new soccer teams, three-on-three basketball, and purchase uniforms. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None City Manager Meadows, with concurrence from Finance Director Jim Fatland, reported that funds would be available in this current year budget for the $5,000 appropriation. Staff will prepare a Budget Amendment for this Council action. ~~ ~i Item No. 19. Closed Session - N.C.G.S. 143-318.11(a)(3). Council Member Nash moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(3). Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~~ Upon return from Closed Session and there being no further business, the Regular City Council Meeting of April 15, 2008 adjourned at 7:20 p.m. ~i~ r Attest: B by G. i ore, Mayor Regular City Council Meeting April 15, 2008 Page 166