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05/06/2008 Regular City Council Meeting CITY OF MONROE REGULAR CITY COUNCIL MEETING ~ 300 W. CROWELL STREET, MONROE, NC 28112 MAY 6, 2008 - 6:30 P.M. AGENDA www.monroenc.org 1. City Manager Comments A. Open Air Market B. Movies on Main C. Notification from Government Finance Officers Association of Certificate of Achievement for Excellence in Financial Reporting D. New Police Vehicles and Digital Recording System 1~' 2. Proclamation - Neurofibromatosis (NF) Awareness Month 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 City Council Strategic Meeting of March 4, 2008, Regular City Council Meeting of March 4, 2008, Regular City Council Meeting of March 18, 2008, Special City Council Strategic Planning Meeting of March 27, 2008, City Council Strategic Planning Meeting of April 1, 2008, Regular City Council Meeting of April 1, 2008, Regular City Council Meeting of April 15, 2008, and Special City Council Legislative Breakfast Meeting of Apri129, 2008 B. Minutes of Facilities Committee Meeting of January 14, 2008 C. Minutes of Citizens Appointment Committee Meetings of January 14, 2008, February 18, 2008, March 17, 2008, and March 31, 2008 D. Minutes of Insurance Committee Meeting of March 31, 2008 E. Minutes of Public Safety Committee Meeting of April 16, 2008 4. Budget Amendments A. Monroe Country Club Greens Renovation and Fairway Sprigging B. John Glenn Water Treatment Plant -Drought Related Expenses C. Police Athletic League 5. Budget Ordinance -Corporate Center Phase III Water and Sewer Mains 6. Reclaimed Water Elevated Storage Tank A. Award of Professional Services Contract Regulaz City Council Meeting May 6, 2008 Page 7 B. Reimbursement Resolution 7. Resolution of Intent to Abandon a Portion of Unopened Davis Street and to Call for a Public Hearing to be Held June 3, 2008 8. Call for Special City Council Meetings A. Budget Work Session to be Held May 13, 2008 at 8:30 a.m. at Sutton Park Recreation Center, 2303 Brooks Street, Monroe, North Carolina B. Meeting with Quality Hill Neighborhood to be Held May 13, 2008 at 7:00 p.m. at Langford Chapel CME Church, 113 South Johnson Street, Monroe, North Carolina 9. Revisions to Policy for Installation and Placement of Speed Humps in Residential Neighborhoods 10. Advertisement of Unpaid Real Estate Property Taxes i 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. 11. Zoning Map Amendment Request by Couchell Investment Company for Property Located at 386 East Roosevelt Boulevard from General Business to Conditional District "GB Couchell" (Tabled from April 1, 2008) A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "GB Couchell" 12. 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" A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "Stegall Petroleum" 13. Recommendations from Citizens Appointment Committee I 14. Proposed Cost Projections for the City's Medical and Dental Plans 15. ABC License for Blu Moon Cafe and Proposed Billiard Hall A. Blu Moon Cafe Regular City Council Meeting May 6, 2008 Page 8 i B. Proposed Billiard Hall 16. Update on Transportation Funding Issues 17. Public Comment Period 18. Closed Session - N.C.G.S. 143-318.11.(a)(6) i Regular City Council Meeting May 6, 2008 Page 9 I CITY OF MONROE REGULAR CITY COUNCIL MEETING MAY 6, 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 May 6, 2008 with Mayor Bobby Cr. Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah, Dottie Nash, Robert J. Smith, City • Manager F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Jan Ball, Bruce Bounds, Doug Britt, Mark Browder, Russ Colbath, Christopher Couchell, Peter Couchell, Mike Courtney, Mark Donham, Debra C. Duncan, Jim Fatland, Vance Goodman, Jim Gray, Wayne Herron, Jim Loyd, William Medlin, Chris Plate, Debra C. Reed, David Settlemyer, Danny Stegall, Mike Torralba, and /~~ others. Mayor Kilgore called the Regular City Council Meeting of May 6, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. City Manager Comments. City Manager Meadows advised Council of the following events: A. Open Air Market. The Open Air Market has opened in downtown on Thursdays from 4:30 p.m. to 7:00 p.m. B. Movies on Main. The first "Movie on Main" event will be held on May 16 at 7:00 p.m. C. Notification from Government Finance Officers Association of Certificate of Achievement for Excellence in Financial Reporting. The City has received the Government Finance Officers Association's Certificate of Achievement for Financial Reporting for the 2007 Comprehensive Annual Financial Report. This is the 15th consecutive year the City has received this certificate. City Manager Meadows commended the Finance Department for receiving this award. 1 Regular City Council Meeting May 6, 2008 Page 10 i I i D. New Police Vehicles and Digital Recording System The City has purchased new police vehicles with a different color scheme. Also, seventeen police cars now have a new digital video i ~"1 recording system that is connected to the Police Department through a wireless set up. Item No. 2. Proclamation - Neurofbromatosis (NF) Awareness Month Council Member ! Nash read the following Proclamation for the record: PROCLAMATION NEUROFIBROMATOSIS (NF) AWARENESS MONTH P-2008-08 WHEREAS, the Children's Tumor Foundation is observing May as National Neurofibromatosis (NF) Awareness Month nationally to inform the public about this common genetic disorder; and WHEREAS, NF is more prevalent than Cystic Fibrosis, Duchenne Muscular Dystrophy, Tay Sachs, and Huntington's Disease combined; and WHEREAS, NF is worldwide in distribution and affects both sexes equally and has no particular racial, geographic or ethnic distribution. Therefore, NF can appear in,any family; and WHEREAS, while over 120,000 Americans have NF and one of every 3,000 newborns will develop the disorder, it still is relatively unknown to the public; and WHEREAS, NF causes tumors to grow on nerves anywhere in the body, and can cause cafe au Tait spots on the skin, bone and skin tumors, bone deformities such as spine scoliosis; leg bowing or twisting, deafness, blindness; learning disabilities; debilitating pain, heart defects and other issues; and WHEREAS, the Children's Tumor Foundation (www.ctf.org, 800-323-7938) leads the efforts to fund critical research aimed at finding the causes of the disorder and developing treatments and a ~ cure, and to provide support to people and families affected by NF; and WHEREAS, much remains to be done to raise awareness of the disease and the need for funding for research to prevent, treat and cure NF. NOW, THEREFORE, I, Bobby G. Kilgore, Mayor of the City of Monroe do hereby proclaim May 2008 as i ~ "NEUROFIBROMATOSIS AWARENESS MONTH" in Monroe, North Carolina, and urge all citizens awareness of the disease and the need for funding for ~ research to prevent, treat, and cure NF. ~ IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of i Monroe to be affixed this the 6t" day of May, 2008. t Council Member Nash made a motion to adopt Proclamation P-2008-08. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regulaz City Council Meeting May 6, 2008 Page 11 i i CONSENT AGENDA ~ I 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. ApprovaUAcceptance of Minutes. A. Minutes of City Council Strategic Meeting of March 4, 2008, Regular City Council Meeting of March 4, 2008, Regular City Council Meeting of March 18, 2008, Special City Council Strategic Planning Meeting of March 27, 2008, City Council Strategic Planning Meeting of April 1, 2008, Regular City Council Meeting of April 1, 2008, Regular City Council Meeting of April 15, 2008, and Special City Council Legislative Breakfast Meeting of April 29, 2008. Council Member Ashcraft moved to approve the Minutes of the City Council Strategic Meeting of March 4, 2008, Regular City Council Meeting of March 4, 2008, Regular City Council Meeting of March 18, 2008, Special City Council Strategic Planning Meeting of March 27, 2008, City Council Strategic Planning Meeting of April 1, 2008, Regular City Council Meeting of April 1, 2008, Regular City Council Meeting of .April 15, 2008, and Special City Council Legislative Breakfast Meeting of Apri129, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of Facilities Committee Meeting of January 14,, 2008. Minutes of the Facilities Committee Meeting of January 14, 2008 were received as information by Council. C. Minutes of Citizens Appointment Committee Meetings of January 14, 2008, February 18, 2008, March 17, 2008, and March 31, 2008. Minutes of the Citizens Appointment j i Committee Meetings of January 14, 2008, February 18, 2008, March 17, 2008, and March 3 L-, 2008 were received as information by Council. D. Minutes of Insurance Committee Meeting of March 31, 2008. Minutes of the Insurance Committee Meeting of March 31, 2008 were received as information by Council. j I ~ E. Minutes of Public Safety Committee Meeting of April 16, 2008. Minutes of the Public ~ Safety Committee Meeting of April 16, 2008 were received as information by Council. Item No. 4. Budget Amendments. i Regular City Council Meeting May 6, 2008 Page 12 i i i ' A. Monroe Country Club Greens Renovation and Fairway Spri~~in~ Parks and Recreation Director Mike Courtney advised by memorandum that in the ,current year budget, funds were budgeted to sprig the front nine greens with Champion Bermuda, as was done to the back nine greens this past year. Due to the poor soil condition of the front nine greens, Mr. Courtney advised that there was a need to remove the top four inches ofd soil and replace it with a greens mix that will be tilled into the soil. There are a number of green',s that need to be re-contoured for better pin placements and playability. He reported that there was also the need to sprig the front nine fairways with a hybrid Bermuda similar to what is on the back nine and having the front ' nine closed for the greens renovation makes it the best time to do the sprigging and not affect play in the future. This will be the first time there will be the same type of grass on the front and back of the golf course. Mr. Courtney advised that the costs of the greens renovation and the fairway sprigging will be $130,885. There is $50,000 in the Golf Course Budget this year for the greens renovation and with transfers from other budget lines within the Parks and Recreation Budget this would provide a total of $99,885 which leaves $30,000 needed to complete the project. Staff recommended that Council adopt a Budget Amendment approving funds in the amount of $30,000 from General Fund Investment Earnings for the front nine greens renovation and sprigging of the fairways at Monroe Country Club. Council Member Ashcraft moved to adopt Budget Amendment BA-2008-12: BUDGET AMENDMENT BA-2008-12 ~i 1. Amendment necessary to appropriate funds for the front nine greens renovation and fairway sprigging for Monroe County Club. i General Fund: Revenues: Appropriation from Investment Earnings $30,000 Expenditures: Cultural and Recreation/Go1fGourse $30,000 Adopted this 6"' day of May, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following Ili votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. John Glenn Water Treatment Plant -Drought-Related Expenses. Water Resources II Director Russ Colbath advised by memorandum that the 2007 drought was the drought of record in the Piedmont region of North Carolina. As part of staff updates to Council in October, i Regulaz City Council Meeting 16 May 6, 2008 Page 13 I I i November, and December 2007, staff outlined areas where operating expenses were increasing beyond budgeted amounts. Staff has quantified the needed additional funds necessary to pay for these added costs. Mr. Colbath advised that as part of the water shortage, staff also examined ways to reduce expenditures. Several water main replacement projects were deferred at a savings of approximately $175,000. These deferred replacements will beycompleted using FY2009 funds. Additionally, revenues for the Water and Sewer Fund are currently running above projections. This is in part due to the $140,000 collected during the water shortage in excessive use surcharges. Other revenue items, including interest income, are lalso running above projections. Staff recommended that Council adopt a Budget Amendment to appropriate the additional funds needed to cover expenses incurred as part of the 2007 drought and water shortage. Council Member Ashcraft moved to adopt Budget Amendment BA-2008-09: BUDGET AMENDMENT ~, BA-2008-09 1. Amendment necessary to appropriate funds for additional operating costs at the John Glenn Water Treatment Plant due to the 2007 water shortage. Water & Sewer Fund: Revenues: Appropriation of Revenues Exceeding Projections Water Shortage Surcharges $140,000 Investment Earnings $173,000 Total $313,000 Expenses: Operating Expenses Exceeding Budget ' 510-8030-441.61.55 Treatment Chemicals $80,000 510-8030-441.62.01 Utilities (Lake Lee pumping) $68,000 510-8030-441.82.01 Union County Water Purchases $165,000 Total $313,000 ''I i Adopted this 6~' day of May, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: ' 4 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, ~ Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regulaz City Council Meeting May 6, 2008 Page 14 i C. Police Athletic League. At the April 15 City Council meeting, Council took action to appropriate funds to the Police Athletic League. Council Member Ashcraft moved to adopt Budget Amendment BA-2008-11 to formally approve the action: BUDGET AMENDMENT BA-2008-11 ~ 1. Amendment necessary to appropriate funds to the Police Athletic League, due to prior action by ,; City Council. General Fund: Revenues: Appropriation from Investment Earnings $5,000 Expenditures: Special Appropriations $5,000 Adopted this 6~' day of May, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Budget Ordinance -Corporate Center Phase; III Water and Sewer Mains. Water Resources Director Colbath advised by memorandum that Council previously approved $570,000 for the Corporate Center Phase III Water and Sewer Mains to serve the Turbomeca , facility. Project costs have increased due to changes in encasement pipe quantities required by NCDOT to cross state roadways. All work on the project is complete and the final cost for all I construction and engineering is $595;453. Mr. Colbath ad~ised that the original project appropriation was $500,000 and was subsequently amended to $570,000 at the time of the bid award. Staff recommended that Council adopt a Budget Ordinance Amendment in the amount of $25,453 to complete this project and pay all final bills to the contractor and the engineering design firm. Council Member Ashcraft moved to adopt Budget Ordinance BO-2008-04: CAPITAL PROJECT BUDGET ORDINANCE ~ CORPORATE CENTER PHA5E III WATER AND SEWER EXTENSIONS BO-2008-04 ' WHEREAS, the City desires to provide reliable, quality water land sewer service for economic development; and Regular City Council Meeting j May 6, 2008 ' Page 15 i ~i I ~ WHEREAS, the Corporate Center Phase III and Turbomeca industrial development will be ~1 beneficial to Monroe; and i WHEREAS, the City has been awarded an economic development grant from the Rural Center ' that will reimburse project costs up to $500,000; and 1 WHEREAS, $570,000 was previously transferred from the General Fund to the Water and Sewer Capital Fund for this project; and WHEREAS, $25,453 is needed to complete the project pursuant to bids received. ' NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe amends the capital project budget for the project entitled "Corporate Center Phase III Water and Sewer Extensions" and appropriates the following additional revenues and expenses: , As Amended I Revenue: Transfer From General Fund Balance $25,453 Expense: Project Costs $25,453 ,i BE IT FURTHER ORDAINED that an amendment to the General Fund budget for FY 2007- 2008 is approved to appropriate General Fund unappropriated fund balance to transfer $25,453 to the "Corporate Center Phase III Water and Sewer Extensions" Project Fund. Adopted this 6~' day of May, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Reclaimed Water Elevated Storage Tank. Water Resources Director Colbath advised by memorandum that in 2002 staff, working with the engineering firm Camp, Dresser, and McKee, 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 March and April 2008 meetings of the Environment and Water Resources Committee, staff presented multiple options for the location of the elevated storage tank that will be required to implement the reclaimed water system. The Committee directed staff to pursue a fee simple purchase of the site and the City Attorney is handling the purchase and closing. The site provides excellent location and hydraulics; as well as a very good forested buffer to mitigate visual impacts. Mr. Colbath reported that staff would begin project design as soon as the site was owned by the City. i Regulaz City Council Meeting May 6, 2008 Page 16 F I i' Staff recommended that Council award the contract for the perrmitting, design, and construction inspection of the Reclaimed Water Elevated Storage Tank to Camp, Dresser, and McKee in the amount of $155,000 and that Council adopt a Resolution to allow reimbursement of expenditures 1 by future revenue bond proceeds. E A. Award of Professional Services Contract. Council Member Ashcraft moved to award the professional services contract for the permitting, design, and construction inspection of the ~ Reclaimed Water Elevated Storage Tank to Camp, Dresser and McKee in the amount of $155,000. Council Member Keziah seconded the motion, which passed unanimously with the following votes: ~ ! AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Reimbursement Resolution. Council Member Ashcraft moved to adopt Resolution R-2008- 38: REIMBURSEMENT RESOLUTION WITH REGARD TO TAX-EXEMPT OBLIGATIONS R-2008-38 AUTHORIZING CITY OF MONROE, NORTH CAROLINA PTO UNDERTAKE CERTAIN EXPENDITURES WITH RESPECT TO CAPITAL PROJECTS PRIOR TO THE ISSUANCE BY THE CITY OF TAX EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $11,800,000 WHEREAS, the Internal Revenue Service and U.S. Treasury Department have published regulations that govern when a political subdivision such as the City of Monroe, North Carolina (the City), can issue or execute tax-exempt obligations to reimburse itself or any agency or division thereof for expenditures on projects prior to the issuance oftax-exempt obligations for such projects; and WHEREAS, the regulations require that the governing body of'~the political subdivision adopt a resolution reciting certain facts and intentions prior to the incurrence of the expenditures; and ~ WHEREAS, the City anticipates incurring certain expenditures in an approximate amount of not I ~ exceeding $11,800,000 (the "Expenditures") with respect to the development of a Reclaimed Water System (the "Project") prior to the issuance by the City of tax-exempt obligations for such purpose in an amount not to exceed $11,800,000; ~ NOW, THEREFORE, BE IT RESOLVED, by the City Co I ncil of the City of Monroe as follows: f Section 1. The City Council hereby declares a reasonable "official intent" pursuant to Regulation 1.103-18 to the Internal Revenue Code of 1986, as amended, to reimburse the City from the proceeds oftax-exempt obligations for such Expenditures with respect to the Projects. Such Expenditures must be incurred not later than two years from the date hereof in order to be eligible for reimbursement from the proceeds of the issuance oftax-exempt obligations or such other date as may be applicable in the regulations. The City anticipates incurring Expenditures in an approximate amount of not exceeding $11,800,000 with respect to the Project prior to the issuance of tax-exempt obligations by the City for such purpose in an amount not to exceed $11,800,000. Regulaz City Council Meeting i May 6, 2008 ~ Page 17 r { E i l Section 2. The Expenditures are incurred solely to acquire, construct or rehabilitate property ~ having a reasonably expected economic life of at least one year. i Section 3. The source of funds will be charges for water and sewer services. Done in meeting duly assembled this 6`l' day of May, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mi yor Kilgore NAYS: None i Item No. 7. Resolution of Intent to Abandon a Portion of (Unopened Davis Street and to Call for a Public Hearing to be Held June 3, 2008. Engineering Director Jim Loyd advised by memorandum that Mr. Jeff Camiener with Keywell, LLC was requesting the abandonment of approximately 1,010 feet of unopened right-of--way of Davis Street which is located off Cuthbertson Street. Keywell is interested in building across the unopened right-of--way as part of their site development plan. Staff recommended that Council adopt a Resolution of Intent to abandon a portion of unopened Davis Street and to call for a public hearing to be held June 3, 2008. Council Member Ashcraft moved to adopt Resolution R-2008-37 and to call for a public hearing to be held June 3, 2008 at 6:30 p.m.: RESOLUTION OF INTENT TO ABANDON A PORTION OF THE UNOPENED RIGHT-OF-WAY OF DAMS STREET R-2008-37 THAT WHEREAS, the Monroe City Council proposes to permanently abandon approximately 1,010 feet of unopened right-of--way of Davis Street which is located off Cuthbertson Street pursuant to Section 299 of Chapter 160A of the General Statutes of North Carolina. NOW, THEREFORE, BE IT RESOLVED that the Monroe City Council declares its intent to permanently abandon the maintained public right-of--way as described above for Davis Street and will ~ not reserve any existing public or private utility easements contained therein. The City Council orders that a Public Hearing be called on the question at 6:30 p.m., Tuesday, ' June 3, 2008. The City Clerk is hereby directed: 1. To publish a copy of this Resolution in a newspaper authorized to publish legal ads in the City of Monroe as required by statute. I 2. To send a copy of this Resolution by certified or registered mail to all owners of the property ~ adjoining the street as shown on the tax records. 3. To cause a Notice of the closing and Public Hearing to be prominently posted in at least two places along said street. ~I Regular City Council Meeting May 6, 2008 Page 18 ~ i l 4. To mail a copy of this Resolution to the Department of Transportation if said street is under the authority and control of the Department of Transportation. Adopted this 6`h day of May, 2008. Council Member Keziah seconded the motion, which passed ;unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None I Item No. 8. Call for Special City Council Meetings. A. Budget Work Session to be Held May 13, 2008 at 8:30 a.m. at Sutton Park Recreation Center, 2303 Brooks Street, Monroe, .North Carolina. Council Member Ashcraft moved to call for Special City Council Meeting to be held on May 13, ,2008 at 8:30 a.m. for a Budget Work Session to be held at the Sutton Park Recreation Center located at 2303 Brooks Street in Monroe. Council Member Keziah seconded the motion, which passed unanimously with the following votes: ~ AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Meeting with Quality Hill Neighborhood to be Held 1VIay 13, 2008 at 7:00 p.m. at Langford Chapel CME Church, 113 South Johnson Street, Monroe, North Carolina. ~ Council Member Ashcraft moved to call for Special City Council Meeting to be held on May 13, 2008 at 7:00 p.m. to listen to comments and concerns from the Quality Hill Neighborhood. The meeting will be held at the Langford Chapel CME Church located at 113 South Johnson Street in Monroe. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and M lyor Kilgore NAYS: None Item No 9. Revisions to Policy for Installation and Pl cement of Speed Humps in ~ Residential Neighborhoods. Engineering Director Loyd advised by memorandum that at the G July 9, 2007 Transportation Committee Meeting, the Engineering staff was instructed to suspend all new traffic calming requests until the policy could be reviewed. A report on traffic calming ! devices was submitted to the Transportation Committee at the December 3, 2007 meeting. ~ Based on the concerns raised by several of the citizens in the Rolling Hills neighborhood and review of other policies, the Engineering Department recommended modifying the current policy to include a process for having traffic calming devices removed from a street. Mr. Loyd advised that it was recommended that once installed, the speed cushions should not be eligible for Regular City Council Meeting May 6, 2008 Page 19 I i I _ ~ removal for at least five years. Exceptions to this would include removal for public safety reasons or consensus of the affected residents as evidenced through a petition process in which the residents pay for the total cost of removal. Once five years have passed, the affected residents could request removal of the devices through the petitioning process in which at least 51% percent would have to agree on the removal, and 75% would have to acknowledge that they are aware of the request. Once removed, the Engineering Department would not process any new requests for that particular street for at least another five years. Staff also recommended the current policy name be amended from "Policy for Installation and Placement of Speed Humps in Residential Neighborhoods" to "Policy for Traffic Calming in Residential Neighborhoods." Mr. Loyd advised that at the March 3, 2008 Transportation; Committee Meeting, staff was instructed to proceed with the revisions to the Policy. Changes recommended in the traffic calming report were made with a few additional revisions. The words "speed hump" were replaced with "traffic calming" to provide a generic term for the devices since speed humps may be preferred in certain situations over the speed cushion. He advised that the Transportation Committee met on April 7, 2008 and recommended the revisions to the policy for approval by Council. Staff and the Transportation Committee recommend that Council approve the revisions to the "Policy for Installation and Placement of Speed Humps in Residential Neighborhoods" and that the title of the policy be changed to "Policy for Traffic Calming in Residential Neighborhoods." Council Member Ashcraft moved to approve the revisions to 'the "Policy for Installation and Placement of Speed Humps in Residential Neighborhoods" and that the title of the policy be changed to "Policy for Traffic Calming in Residential Neighborhoods:" TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS A traffic calming device is a physical device used along city-maintained streets to calm traffic within residential neighborhoods. A speed hump/cushion is a raised area of pavement that extends transversely across a roadway surface. Speed humps normally have ~a height of 5 inches and a travel length of 22 feet. Speed cushions are typically 13 feet long and 3.75 inches high, installed as three separate panels across the width of the roadway, leaving a separation~between panels to accommodate ~ the wheel path of emergency response vehicles which are wider than) typical passenger vehicles. The speed cushion reduces speeds for normal vehicles, but allows vehicles with a broader wheelbase, such as fire trucks, to straddle the speed cushion without slowing and is the primary design installed. l Traffic calming is typically installed in sets of three and serves as a~ deterrent and physical reminder that the speed limit is 25-mph. The following policy is to govern the installation and placement of traffic calming within residential neighborhoods. Policy Creation Creation of a Policy for Traffic Calming in Residential Neighborhoods is the responsibility of the City of Monroe Engineering Department. The Transportation Committee shall oversee preparation and I I implementation of the traffic calming policy. Once the policy has been drafted, it is the responsibility of the City Council to review and approve/disapprove said policy. ~In the event of disapproval, the City Council will recommend policy changes and direct the Transportation Committee to revise and resubmit. This process shall continue until a policy is approved. Execution of Policy Regular City Council Meeting May 6, 2008 i ` Page 20 l i Once the Traffic Calming Policy has been approved by the City Council, it is the responsibility of the ' Engineering Department to execute and enforce the policy. Orily in cases where the Engineering Director has determined special circumstances to exist shall the Transportation Committee be asked to evaluate individual traffic calming requests. Traffic Calming Process The process is initiated when the Engineering Department receives a request for installations. A preliminary investigation into the Pre-Study Qualifying Criteria, including horizontal and vertical alignment and roadway classification, will be completed. Roadway ~iclassifications will be determined in accordance with Section 02.01.01, Street Classifications, of; the City of Monroe Standard Specifications and Detail Manual. For qualified streets that are not posted at 25-mph, the Engineering Director shall submit the street for inclusion in the City of Monroe Traffic Schedules as a designated 25-mph street and post upon approval of the Ordinance amending the Traffic Schedules by the City ~, Council. Traffic Studies shall only be completed after the residential street has been posted at 25-mph , for a period exceeding six (6) months. If these criteria are met, the Engineering Department will conduct a field investigation. The Engineering Department will use traffic monitoring devices to determine average daily traffic, vehicle speeds, and vehicle types. If the street's Post-Study results meet the Post-Study Qualifying Criteria, a map will then be prepared detailing the best possible locations for installations. A standard petition package containing a petition form, maps, and brochures on traffic calming devices will be mailed to the requesting party. The requesting party is responsible for obtaining signatures on the petition form and returning it to the Engineering Department. If the petition requirements have been satisfied, the Engineering Department will generate and execute a work order to install the traffic calming devices. If the Pre/Post Study Qualifying Criteria have not been satisfied, the Engineering Department shall issue a letter to the applicant identifying disqualifying criteria. The En ineerin De artment will a rove or disa rove installations based on the "findin s of fact" g g P Pp PP g report generated by the traffic study. Pre-Study Qualifying Criteria , In order for a street to be considered eligible for traffic calming devices, the following criteria must be met: ,j 1. The street must be classified as a two-lane residential street. 2. The street must be amunicipally-maintained roadway that receives Powell Bill funding. State J ' roadways are excluded under this policy. , 3. Streets in subdivisions must be at 90% lot build-out. ~ 4. A minor residential street such as a cul-de-sac that has one end open to traffic and the other end permanently closed does not qualify due to low traffic volumes. 5. The grade of the street should not be greater than 8 percent. 6. The horizontal radius of the street must be equal to or greater than 300 feet. 7. The speed limit must be posted 25-mph. All traffic calming devices will be posted at a traverse speed of 15-mph. 8. The street should not be used as a primary emergency vehicle access route. A positive recommendation for installation must be received from Police, Fire and EMS. i If the street does not meet the above criteria, a letter will be issued defining why the street is not l eligible for the traffic calming program. ` Post-Study Ouali ~in~ Criteria Regular City Council Meeting May 6, 2008 Page 21 I I i i , Once a street has met all of the Pre-Study Qualifying Criteria, the Engineering Department will conduct a traffic study. The street's study results must indicate that the 85` percentile speed is greater ~ than or equal to five (5) miles per hour over the posted speed limit. If the street does not meet this requirement, a letter will be issued defining why the street is not eligible for the traffic calming program. If the street has been determined qualified, the petition process will be initiated. Petition Process Once a request has been determined valid by meeting both the Pre/Post Study Qualifying Criteria, a standard petition packet will be mailed to the individual initiating the traffic calming request. The following requirements shall be used to administer the petition process: 1. Petitions must be completed and returned to the Engineering Department no later than 90 days (3 months) from the date the petition packet was mailed. Petitions! received after this period will be considered invalid and will require reinitiating the petition process. 2. Signatures must be obtained on the standard Petition for Traffic Calming Devices provided by the City. 3. Only one signature per household can be obtained. 4. Signatures must be of the current residents within the Engineering Department defined study area. 5. Residents must provide their address in the space allotted. 6. The requesting party must distribute the provided maps and brochures while obtaining signatures. 7. Residents must acknowledge receipt of a map and brochure. 8. Signatures will be checked by Engineering using utility billing records. 9. The number of valid signatures either for or against installation !must meet or exceed 75% of the total number of households within the study area. The number of valid signatures for installation must exceed 50%. The study area limits will be determined by the Engineering Department. 10. Signatures/Petitions that do not satisfy requirements 1-9 will be considered invalid. If all of the petition requirements have been met, the street will be scheduled for traffic calming installation and the petitioner will be notified by mail of the installation date. If the requirements have not been met, the petitioner will be issued a letter clearly defining any petition deficiencies and given the opportunity to resubmit. rlaccment Goals i i ? Traffic calming devices should be placed at least 200 feet apart. ? The stopping sight distance should be greater than or equal to 200 feet. ? Traffic calming devices should be located at least 200 feet from an intersection. ? Traffic calming devices should be located on or adjacent to proprty lines and at least 5 to 10 feet from driveways. ? When possible, traffic calming devices should be placed under street lighting for greater visibility. Every attempt will be made to adhere to the placement goals. However, some streets will have special ~ circumstances that will not allow the goals to be met. i Funding/Reports Traffic calming devices shall be installed at no costs to the citizens aking the request. Installations will be paid for using Powell Bill funds. The Engineering Department will monitor expenditure of funds and prepare a written report on a bi-annual basis for review by the Transportation Committee. The Engineering Department will provide the Transportation Committee with a status report of current requests, studies, and installations on a quarterly basis. Regular City Council Meeting May 6, 2008 Page 22 E I f Special Circumstances Special Circumstances are defined as any pertinent information or situations that the Engineering Director feels should be addressed by the Transportation Committee. The following criteria has been outlined to serve as a general guide in determining whether or not Special Circumstances exist when considering a request for traffic calming devices that does not meet ill of the eligibility criteria: i - Street does not meet Pre-Study Qualifying Criteria and the Petitioner continues to pursue installation. Engineering Department asks Transportation Committee to hear citizen's request. - Street does not meet Post-Study Qualifying criteria and Petitioner continues to pursue installation. Engineering Department issues petition with the special requirement that 75% of the residents are in favor of installation and the petition contains the required signatures. ~ The Engineering Director will be the determining authority and is not limited to the general criteria listed above. If Special Circumstances have been determined to exist, the Transportation Committee will be asked to hear testimony from the petitioner and any residents (living within the study area. The ~ ' Transportation Committee will consider the testimony, review the traffic study data, and consider the Engineering Department's recommendation. Once all pertinent information has been considered, the Transportation Committee will make the final decision as to whether or not traffic calming devices shall be installed on the requested street. ' Special Provisions The Transportation Committee can waive the petition requirement and can order installations based on a public need to protect the general welfare and safety of Monroe Citizens. This action is limited to requests concerning facilities opened to the general public, including but not limited to churches, schools, and recreational facilities. Post Installation Once installed, the traffic calming devices will not be eligible for removal for five years from the date of installation. Exceptions to this will include removal for public safety reasons or consensus of the affected residents as evidenced through a petition process in which the residents pay for the total cost of removal. Once five years have passed, the affected residents will be able to request removal of the ' devices through the petitioning process in which at least 51% will have to agree on the removal and 75% will have to acknowledge that they are aware of the request. iOnce removed, the Engineering , ' Department will not process any new requests for that particular street for five years from the date of removal. i ~ Summary ~ As with any measure implemented to reduce.or calm traffic, success is directly related to the level of acceptance by the residences being affected. All traffic calming locations will be monitored by Public Safety to determine their effectiveness and to identify any safety concerns or accidents arising from their installation. The Engineering Department will be responsible for reviewing the reports, implementing corrective measures, and maintaining records for use o I future installations. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, i Regular City Council Meeting ~ May 6, 2008 Page 23 . j J Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~ Item No. 10. Advertisement of Unpaid Real Estate Property Taxes Tax Collector Jill ~ Martin advised by memorandum that N.C.G.S. 105-369(a) required municipal tax collectors to report to their governing boards the total amount of unpaid taxes for the current year that are liens on real property. Ms. Martin reported that the City's ut'Spaid balance of real estate taxes was $389,084.22. Upon receipt of the report, the governing board must order the tax collector to advertise a list of unpaid real estate taxes. She advised that a list of unpaid real estate taxes was ~ available in the tax office. The purpose of the advertisement would allow the use of in-rem foreclosure procedures as provided by N.C.G.S. 105-375 as ~a means of enforcement actions against the collection of unpaid real estate property tax. Staff recommended that Council authorize the Tax Collector to advertise the unpaid real estate taxes on May 11, 2008 in The Union Observer section of The Charlotte Observer pursuant to N.C.G.S. 105-369. Funds are included in current year budget for tax delinquency advertisement. ~ Council Member Ashcraft moved to approve the advertisement of unpaid real estate property taxes. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 11. Zoning Map Amendment Request by Couchell Investment Company for Property Located at 386 East Roosevelt Boulevard from General Business to Conditional District "GB Couchell" (Tabled from April 1, 2008). A. Public Hearing. Mayor Kilgore continued with the public hearing that was tabled from i ~ April 1, 2008. Assistant Director of Planning and Building Sta>idards Lisa Stiwinter provided a ~ brief recap of the information provided during the April 1 public hearing. Ms. Stiwinter advised ~ that this matter was tabled to allow the applicant to hold a neighborhood meeting and to receive input from adjoining property owners. She advised that a neighborhood meeting was held on April 16. Since that time, staff has had conversations with the applicant and Mr. Cecil Hodge. Both the applicant and Mr. Hodge provided positive comments with regard to the changes that were agreed upon and displayed in a revised site plan. Mr. Stiwinter indicated that she also spoke with Mr. Vance Goodman before this meeting was called too order. i Ms. Stiwinter advised that the turn-in radius for the Curtis Street driveway was increased from 25 feet to 35 feet. A pipe was also installed underneath the Curtis Street driveway for i stormwater runoff purposes. She advised that in addition to the changes that were agreed upon, Assistant City Manager Wayne Herron, Engineering Director Loyd, and Police Sgt. Bengie Mullis had evaluated the safety issues with regard to the sight distance and the hill along Curtis Regular City Council Meeting May 6, 2008 h Page 24 { _ t Street as well as the illegal parking situation. Sgt. Mullis also reported that there had only been I two accidents within the past 15 years along Curtis Street and these accidents were caused by ~'1 failure to stop at the stop sign. Ms. Stiwinter that based on this information, everyone had come to a conclusion and determined there were no safety issues with regard to the sight distance and j parking situation. She stated that this appeared to be a low ,traffic volume area along Curtis Street. Based on this information, staff recommended approval of the zoning map amendment ` request. Mr. Christopher Couchell of Couchell Investment Company advised that a neighborhood meeting was held on April 1. He advised that a total of eight property owners were invited to attend the meeting; however, Mr. Hodge and Mr. Goodman werle the only two in attendance. He felt that the discussions were good and that they were able to work out a good compromise. Mr. ~ ~ Couchell stated that his father, the property owner, had sent a letter to Mr. Goodman advising t that if any delivery vehicle off of their property damages his property in any way, they would repair the damage. Mr. Couchell stated that they would also be willing to put up a six foot wood or chain-link fence along the property line if this would help alleviate some of the concerns. Mr. Couchell stated that he had laid out the driveway entrance as per the request of Mr. Hodge and Mr. Goodman so that they could both see exactly where the entr jance would be located. Mr. Peter Couchell, owner, stated that he had listened to the concerns of the neighbors and hoped that their concerns had been addressed. He assured Council that the development would be a first-class development and requested that Council approve the request. Council Member Smith asked how the illegal parking had been mitigated. Assistant City Manager Herron stated that staff had determined that the park>ng was not illegal. He advised that there was no prohibition of parking and it was within the right-of--way. He stated that the sight distance was good and with regard to the volume of traffic, there were certain hours of the day where traffic is heavier than others and the volume is nowhere near the volume that would create a safety hazard. If the traffic volume becomes a concern, jstaff could revisit and reevaluate the situation. I Mr. Vance Goodman stated that he did not want a fence around his property nor did he want trucks on his property. He asked if the City would be placing a "No Trucks" sign on East Park Drive. Council Member Smith advised that this was a request that could be reviewed by the i Transportation Committee. Mr. Goodman confirmed that he did receive a letter from the Couchells, however it had not been notarized and it was his un ~ erstanding that if the document were not notarized in would hold no value. City Attorney Sholar stated that this would be a separate agreement between Mr. Goodman and the Couchells. Mr. Peter Couchell advised that the letter was going to be notarized. He further pointed out that they were not trying to dictate what to put on Mr. Goodman's property; they were just offering the wood or chain-link fence in case Mr. ,Goodman felt this would add additional protection. There being no other speakers, Mayor Kilgore closed the public Bearing. Regular City Council Meeting May 6, 2008 Page 25 i B. Action -Zoning Map Amendment. Council Member Keziah moved BE IT ORDANIED that this property be rezoned from General Business to Conditional District "GB Couchell" based upon the letter (to be notarized) from the Couchells to Mr. Vance Goodman. Council Member Nash seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan,1~e2;iah, Nash, Smith, Mayor Pro Tem Bazemore, and lvlayor Kilgore NAYS: None C. Action -Resolution of Land Development Compliance -Conditional District "GB Couchell." Council Member Keziah moved to adopt Reso]~uti~on R-2008-26: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "GB C'OLICHELL" R-2008-26 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 "GB Couchell" further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Uniorl County Tax Parcel Number: 09-191- 006. Adopted this 6`h day of May, 2008. Council Member Nash seconded the motion, which una~ninnously passed with the following votes: AYES: Council Members Ashcraft, Jordan, ]{eziah, Nash, Smith, Mayor Pro Tem Bazemore, and 1Vlayor Kilgore NAYS: None ` Item No. 12. Zoning Map Amendment Request by Stegall Oil Company for Property Located at the Corner of Morgan Mill Road and Stafi'ord Street Extension from General Industrial to Conditional District "Stegall Petroleum." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Doug Britt stated that this was a zoning map amendment request by Stegall Oil Company for 1.29 acres located at the corner of Morgan Mill Road and Stafford Street from General Industrial to Conditional District "Stegall Petroleum" in order to add retail as an allowable use to the property in order to construct and operate a convenience store/gas sltation. Mr. Britt advised that the applicant would like to retain all General Industrial uses a.s well. All landscaping requirements including streetscape buffers, parking lot landscaping, and screening buffers will be provided in Regular City Council Meeting May 6, 2008 Page 26 { C accordance with the Unified Develo ment Ordinance. (Staff and the P ~ Planning Board i recommended approval of the zoning map amendment request. ' There being no other speakers, Mayor Kilgore closed the public. hearing. i B. Action - Zoning Map Amendment. Council Member Ashcraft moved BE IT ORDANIED f that this property be rezoned from General Industrial to Conditional District "Stegall Petroleum." Council Member Keziah seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and MCI yor Kilgore NAYS: None S C. Action -Resolution of Land Development Compliance -Conditional District "Stegall Petroleum." Council Member Ashcraft moved to adopt Resolution R-2008-35: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "STEGALL PETROLEUM" R-2008-35 WHEREAS, in accordance with the provisions of North Caroli a General Statute 160A-383, the City Council does hereby find and determine that the adoption of'the zoning map amendment for Conditional District "Stegall Petroleum" further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Union Cou~tty Tax Parcel Number 09-143- 007Q. Adopted this 6`h day of May, 2008. i Council Member Keziah seconded the motion, which passed ~ animously with the following i ~ votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~ Item No 13 Recommendation of Appointments from Citizens Appointment Committee. Council Member Nash advised that the Citizens Appointment Committee met on April 21, 2008 to consider various appointments. Following the considerations of applications and discussion, unanimous action was taken to recommend appointments as follo'Iws: I Regulaz City Council Meeting May 6, 2008 Page 27 i h, Lt~ard/Commiss~o ~ , Action , r ..Effective D t Term Date. to;Ex ire Ai ort Commission A oint Kenneth W. Hai ler 05/06/08 05/06/11 Ai ort Commission A oint Frank Jennings ~ 05/06/08 05/06/11 Ai ort Commission A oint J. Edward Shirle ~ 05/06/08 05/06/11 Economic Develo ment Commission A oint Michael F. Zimmer 05/06/08 05/06/11 ~ Public Safe Committee A oint Anna Morrison ~ 05/06/08 05/06/10 Council Member Nash moved to approve the recommended appointments as outlined above. M Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and MCI yor Kilgore NAYS: None Item No. 14. Proposed Cost Projections for'the City's Medical and Dental Plans. Mr. Mark Browder with Mark III addressed Council concerning the p oposed cost projections for the City's medical and dental plans. He advised that the City's medical and dental plans cost projections for the July 1, 2008 to June 30, 2009 plan year will increase the City's current annual cost from $2,943,440.64 to $3,414,390.84, which equals an additional $470,950.20 that will need to be funded. The new plan year will require a 16% increase in funding for medical and dental premiums. hat the consensus of the Cit 's Insurance Committee was that because Mr. Browder advised t y employees were asked to make changes on a personal level with respect to their health that would improve their health status and flatten out future costs ~ that the goal was to leave the current employee contribution strategy the same. He advised that there was atwo-tier rate structure whereby employees that elect to participate in the Health risk assessment receive a I discounted rate. He advised that they anticipated that to cover the entire 13% increase going into I 2008-2009, the City would need to increase its funding in total by approximately 16% so that benefits are left the same and the employee contribution is the same. Mr. Browder stated that the reciprocation on the employees' part was that they were going through the wellness strategy and ~ employees are working diligently to improve their health status. Therefore, the Insurance ~ Committee and Mark III felt that the City absorbing this funding increase for the health plan was the right step to take. Mr. Browder stated that it was staff's recommendation that Council review the proposed rate structure for the medical and dental plans and that the City pay the proposed contribution to offset the additional cost. Council Member Smith expressed concern with the City continually covering the increased costs. He stated that he did not know how the City could contin~e funding at the same rate every year and absorb the money. Council Member Ashcraft, Insurance Committee Chairman, stated that the Insurance Committee discussed the contribution issue but because of the Wellness rogram, consensus was for the Regular City Council Meeting May 6, 2008 Page 28 I City to absorb this cost but let employees know that the City ~ ould not be able to continue this and the increases were going to have to be split in the future. ` Council Member Smith stated that there was no way he could support continuing to fund this. ' Mayor Kilgore asked when the City would see benefits from the Wellness Program. Mr. Browder advised that the plan was a three to five year strategy. He said that the dilemma was that the City could not perform the health risk assessments, blood draws, and biometric measures and not work to improve the health of the population and the City would see a rise in cost and escalation of covering those employees. Mr. Browder stated that it was in the City's best interest and the employees' best interest to have their health status improved. Mayor Kilgore stated that regardless of the health of employees, the cost of insurance was continually increasing. However, he did feel that the health assessments were very important. Council Member Smith stated that he was not saying the City should not have a health program, ' he just felt the employees should help bear the cost. Council Member Jordan reminded Council that the Wellness Program was started with the intention to get employees to look at their health at a time when they could change health patterns and monitor potential health risks. He stated that if the issues were not addressed early on in life and employees reach the age of 50-55 and they are still on the City's health plan, then the health condition becomes more expensive to treat the ailment than it would be to give employees some type of incentive to correct their living patterr4s. Council Member Jordan felt that the 92% of employees who participated in the health assessment were very excited about trying to maintain their health. He hoped at the end of the five year strategy, the City would look back at the health assessment program and see that the City was experiencing insurance claims that were reflective of the healthy employee force the City curre tly had. Mr. Browder stated that the logic behind the Insurance Committee's supporting the absorption of the increase was that there was a " uid ro uo." He advised that in the private sector q p q environment there was not this type of action on behalf of the employer to work hard to improve the health of the population. Mr. Browder stated that last ,year was a stressful event for employees to know that not only do you have to do a health) risk assessment, not only is it positive for you, but there are going to be thresholds and accountability on the back side. He stated that going forward, employees were going to have to perform and change their health status or they would not be getting the financial incentive. Mr. Browder stated that this year was f as much a good faith effort on the Insurance Committee's part to try to let employees know that r the City is trying to maintain course so that employees cari get full benefit of the items ~ implemented last year. Council Member Jordan stated that one of the reasons the City decided to forego the increase this year without taking into consideration whether or not employees improved their status was because the employees have not had the benefit of participating in the program for a full year and had an opportunity to improve their numbers. He stated that the health assessments were completed in August 2007 and employees only had seven to eight months' history. This time Regular City Council Meeting May 6, 2008 Page 29 period also included winter months and holidays. Council Member Jordan stated that the City was trying to be as fair as possible but at the same time acknowledge to the employees that the ~ ~1 City appreciated them working with the City. He stated that the City had experienced a $5 million windfall and the employees are a part of the reason that the City was able to experience the windfall. Council Member Jordan stated that he believed that you should share the good fortune with employees whenever they are able to enable the City to have such a good fortune. He stated that he understood the concerns of Mayor Kilgore and Council Member Smith and if at some point in time the City determines that the employees need to pick up a greater share then . they will need to do that. He stated that it was still his hope and wish that the employees be in , the process of becoming healthier as they pick up the greater share. Council Member Smith stated that the public sector did not have a monopoly on wellness programs. He stated that he was confident that the City Managed would find the funding to cover this increase and he was not going to vote against the employees of the City of Monroe. He stated that it was very unusual for employees to continue to pay the same premiums with increased benefits and costs. Council Member Ashcraft stated that it was discussed at the Insurance Committee meeting that the City Manager would direct in his comments to the employees that future contributions on their behalf would increase in the years to come. Council Member Keziah made a motion that the City pay $470,931.44 to offset the additional health and dental insurance costs for the July 1, 2008 to June 30, 2009 plan year. Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 15. ABC License for Blu Moon Cafe and Proposed Billiard Hall. i i A. Blu Moon Cafe. Council Member Nash stated that she had been contacted by the newspaper regarding the courtyard area at the Police Department. She felt that Council needed to provide ~ closure on this matter. She stated that it was her understanding that a compromise had been ~ ~ reached to leave the shrubs where the Police Department had the~ni located. However, the shrubs ~ have been,moved from the agreed upon location and this made'a big gap and you could see the tables. Council Member Nash stated that it was also her understanding that there was a billiard ! hall being located on the bottom level of the Police Department building. Council Member Nash + stated that the compromise was agreed upon in order for the business to get an alcohol license ` not expand the business. In response to a question regarding location of the shrubbery, City Manager Meadows advised that he had advised the building owner, Scott Vickery, that if any slight adjustments needed to be made to the agreed upon barricade, that he was to call and have the proposed adjustments reviewed and approved before any shrubs were to be moved. Regulaz City Council Meeting May 6, 2008 ~ Page 30 I i Council Member Keziah stated that there was an understanding. He felt that if the restaurant j wanted beer and wine, the plants needed to be moved to the original location that was agreed ~ upon. However, if they do not want to sell beer and wine, then 'the area can be left as it is. Council Member Jordan stated that all of this came about because Chief Duncan had to give ' approval to the Alcohol Board before a liquor license could be issued. He asked what statutorily the Chief has to look at whenever she is trying to make the determination of whether or not she is going to approve or not approve a liquor license being issued. ~ City Attorney Sholar stated that there was really nothing in the statute that sets standards or criteria for the Chief to make that ' decision. He advised that if someone applied for an ABC license, it came to the local government and in this case it is the City and the City Council has delegated that responsibility to the Chief of Police. He advised that it stated that the Chief h d an opportunity to object to the issuances of the permit on whatever grounds. Council Member Jordan asked if it could be subjective reasons. City Attorney Sholar advised that the g~ounds had to be stated for the objection. i Council Member Jordan stated that he was not convinced that there had been agood-faith effort to work with the Police Department on the courtyard issue. He stated that if the same property owner had properties that were in other areas of downtown that they might be wanting liquor licenses for, then he felt that the actions taken needed to be looked at in trying to determine if liquor licenses that were going to be all over downtown were going to be in the best interest of the City of Monroe and the downtown image the City wanted to portray. He felt that the City had done everything it could to be in agreement with the proper~y owner. He stated that the City had a judiciary responsibility to the people who elect Council. Council Member Jordan stated that the City had put a tremendous investment in a Downtown Master Plan and the City was getting ready to hire a director for downtown and he felt the City needed to do everything possible to ensure that the people who are going to be walking around in the downtown area were not in an environment in which they felt threatened. Council Member Jordan said that ~ Council needed to do what was in the best interest of the citizens, of the City Monroe. Council Member Keziah stated that the accountability of the Police Department came first on ~ this issue, not beer and wine. He stated that the Chief and the ~ ity Attorney made agood-faith effort to resolve the situation. Council Member Nash stated that the concern was not with the business expansion but solely I with the alcohol issue. Council Member Keziah made a motion that the plants"be replaced in the original location or the beer and wine permit will not be approved. Council Member Jordan seconded the motion. Police Chief Duncan asked what the effective date would be. he stated that this situation had created controversy and she would like to see the matter resoled as soon as possible. Mayor ~ Kilgore advised if the motion carried, the owner would be notified Wednesday, May 7. The motion passed unanimously with the following votes: Regular City Council Meeting May 6, 2008 Page 31 ~, ~ I AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Proposed Billiard Hall. Council Member Nash asked if the issue regarding the proposed billiard hall needed to be addressed since the establishment would also be applying for an alcohol permit. City Attorney Sholar advised Council that they could provide direction to the ~ Police Chief. Council Member Jordan stated that it was his understanding that this was the same property owner and he felt that if the property owner did not want to work with Council any better than the prior situation, then he did not see why an ABC license to se~lrve alcohol needed to be issued. Chief Duncan stated that if it were up to her, she would not ~Illow alcohol anywhere near the Police Department just because it was an image problem and because it looked bad. However, she stated that she wanted businesses to come to downtown and she fully supported that. Chief Duncan explained when this first started, the Blu Moon Cafe asked for an alcohol permit without consulting her and she advised that she stopped it. Chief Duncan stated that she had a meeting , and during the meeting she advised the Blu Moon Cafe that she wanted them to have the h business and that she was willing to compromise. She stated that the compromise was that they were going to have the alcohol inside. She stated that she approved the alcohol permit and this happened for a few weeks. She advised that they then wanted to go outside and she was against that; however, in the interest of business, she said that if a small area were closed off, she would be willing to do that. A compromise was reached and Chief Duncan advised that the Blu Moon Cafe did not adhere to the compromise. Chief Duncan stated that she then moved the plants after contac ing the owner of the restaurant. , She stated that she again tried to reach a compromise. On May 2, the owner of the Blu Moon ~ Cafe came to the Police Department after she applied for an alcohol permit and it was denied. Chief Duncan advised that the owner asked her if this could be worked out. Chief Duncan stated that the matter had gotten out of hand. She advised that an agreement was reached that the restaurant owner would leave the plants where they were, not tale in the fountain, and would not obstruct the view of the Police Department. She said if the agreed area could be barricaded off, she would be willing to compromise. The Blu Moon Cafe owne~ called the landlord and all three met on Saturday, May 3 to discuss the matter. Chief Duncan advised that the plants were moved on Sunday because they did not have the people to move them She said that she advised that they could have a small walkway; however, when she saw what had happened, she realized that 4 the walkway was going to be too big. Chief Duncan advised that at the point, the landlord said a billiard hall was going to be open downstairs and they would be applying for an alcohol permit. Chief Duncan stated that she was supportive of business do town, wanted to see business downtown but when the Council hired her as Chief, they anted the Police Department's ~ reputation and integrity improved. She stated that the billiard ihall was approximately 20 feet from police vehicles and tactical equipment. Chief Duncan requested direction from Council and advised that she would do whatever Council directed. Regulaz City Council Meeting a May 6, 2008 Page 32 1 i Council Member Jordan made a motion to recommend to th~ ABC Commission that an ABC ' ~ license not be issued for the proposed billiard hall. Counciil Member Keziah seconded the , motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and 1Vlayor Kilgore NAYS: None Item No. 16. Update on Transportation Fundin>? Issues. Assistant City Manager Herron ~ stated that DOT Division 10 had made a proposal to remove some funding from a Monroe project, Highway 601, in order to cover part of the funding for improvement to Highway 218. He provided a brief background on the MPO. Mr. Herron stated that he did not know if Highway 218 would make it into the long-range plan but he knew that it would not go into the TIP, which are the top 20 projects. He stated that Monroe already had several projects in the TIP, including Hiighway 601 North. Mr. Herron reported that funding was noted in years 2011 and 2013 for $12 million. Mr. Herron stated that Division Engineer Barry Moose had been approaching the staff committee of the MPO (TCC) for approximately eight months advising that he was very concerned about Highway 218 and felt the need to push it into the TIP in the adoption of the 2009-2015 TIP. He advised that it was on the May 1 agenda to adopt the new TIP ar Id make a recommendation to the full MPO Board. Highway 218 was not on the agenda for discussion but DOT did approach the TCC and asked to make an amendment to the TIP recommendati~,on. Mr. Herron advised that the amendment did state that they would like to bump Highway 218 up I into the TIP in the later years (2014) because it was falling apart and the reason it needed to be improved was to be able to get trucks from Polkton to I-485. He advised that in order to cover the funding, DOT's proposal was to take $12 million from I~ighway 601 and then take the balance of the necessary funds from a project out of the Rocky Rive RPO around Polkton. Mr. Herron stated that the Rocky River RPO was in full support and the reason for support was because it was of great benefit to them. Mr. Herron stated that he MPO s comments were that they ranked Highway 218 rather low and if trucks needed to get to I-485, they could use Highway 74 which is a perfectly good facility. Mr. Herron advised that part of the rationale for taking the money from Highway 601 was that it was only included in the TIP when the bypass was originally planned in a segment and that it was needed to widen Highway 601 because of the traffic that would have been dumped off from segmenting the bypass. Mr. Herron reported that this was disagreed upon and he felt that the widening of Highway 601 was necessary regardless of the length) of the bypass. He said it was a necessary entrance way and there was still going to be a large volume of traffic that will exit the bypass to get to Highway 601 South even when the full road is complete. Mr. Herron advised that the recommendation from the TCC wall to leave Highway 601 in and this would go to the full MPO Board to leave it as is but they will be advised that the Division's Regulaz City Council Meeting May 6, 2008 Page 33 - ~ i i request is to take that money away. Mr. Herron stated that the question was asked if this was a borrowing and the reply was "No, this was a taking." Council Member Smith made a motion to not support the proposal to remove funding from the Highway 601 project in order to cover part of the funding for improvement to Highway 218. j Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 17. Public Comment Period. There were no speakers. Item No. 18. Closed Session - 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). ~ICouncil Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None There being no further business, the Regular City Council Meeting of May 6, 2008 adjourned at 8:15 p.m. ', ~ r i Attest: bby G. 1 ayor e ~YlS~l Bri ette H. Robinson, rty Clerk ~ M ~~'Q OCR V 18 ',~ 44 ~Q- CA Regular City Council Meeting May 6, 2008 Page 34