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07/15/2008 Regular City Council Meeting CITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 JULY 15, 2008 - 6:30 P.M. AGENDA www.monroenc.org 1. Recognitions A. Officer of the Quarter - Watinia Jan Goforth B. Oath of Office -Police Officer Andrew Boyd Greene C. Oath of Office -Police Officer Tina Loraine Harkey D. Oath of Office -Police Officer Vivian Nieves 2. City Manager Comments A. Pro Shop B. Old Armory C. Open Air Market D. Weary Clyburn Day E. Water Supply Update F. City Logo 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 and Staff Reports A. Minutes of City Council Strategic Planning Meeting of June 3, 2008 B. Minutes of Regular City Council Meeting of June 17, 2408 C. Minutes of Public Safety Committee Meeting of June 18, 2008 D. Minutes of Charlotte-Monroe Executive Airport Commission Meeting of May S, 2008 E. Summary of Contracts Awarded, Change Orders Approved, and City Manager Settlement of Claims 4. Resolutions A. Designation of Certain Individuals to Perform Financial Transactions B. Designation of Authorized Signatories C. Amending Condemnation Resolution R-2008-36 to Acquire Property at 329 East Franklin Street . D. Acquiring Praperty by Condemnation to Relocate Galdmine Road E. Reimbursement Resolution for Runway Lighting Rehabilitation F. Intent to Close the At-Grade Railroad Crossing. at Normand Street and Call for Regular City Council Meeting ]uly l5, 2008 Page l Public Hearing to be Held August 14, 2008 G. Condemnations for Natural Gas and Fiber Optic Line Easements 1) Hurley Campbell 2) John W. Hill, III 3} Dewitt Partners 4) Jerry L. Tomberlin 5) Ira Hollis Helms 6) Ira Hollis Helrns 7) Jack Melvin Griffin 8} Joe G. Cuthbertson 9} Bethlehem Presbyterian Church 10) Belk Family Land, LLP 11) C&P Holdings of Monroe, LLP 12) Ronnie Dale Starnes 13) Paul Andrew Scoggins 14) Paul Andrew Scoggins 15) Anthony E. Marez 16) D.L. Furr 17) D.L. Furr 18) Loyd Lamar Price 14) Lea Enterprises, LLC H. Reclaimed Water Elevated Tank Site Land Purchase 5. Ordinances A. Amending the Standard Specifications and Detail Manual B. Amending Fees Schedule -Planning and Zoning -Sanitation Services 6. Budget Amendment A. Walmart Donation to Youth Program B. Transferring Self-Insurance Funds Budget 7. Call for Special Joint Meeting with Union County Board of Commissioners to be Held July 21, 2008 at 5:30 p.m. in the Personnel Training Room of the Union County Government Center Located at 500 North Main Street to Discuss General Issues of Mutual Concern 8. City Facilities Cleaning Contract 9. Promissory Note for Startup of Stormwater Utility REGULAR AGENDA Public Hearings _ Please adhere to the fallowing guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; Iimit comments to three (3} minutes or less; • Designate a spokesperson for large groups. Regular City Council Meeting July I5, 200$ Page 2 10. Adoption of Additional Six-Month Moratorium on Residential Subdivision Development (Continued from June 17, 2x08 City Council Meetfng) A. A. Public Hearing B. Action -Ordinance Approving Six-Month Moratorium on Residential Subdivision Development k~ 11. Zoning Map Amendment Request by Gary Frankenburg for Property Located at 819 North Charlotte Avenue from GB {General Business} to Conditional District "All Pro Transmission" A. Public Hearing B. Action -Zoning Map Amendment A. Action -Resolution of Land Development Compliance -Conditional District "All Pro Transmission" 12. Zoning Map Amendment Request by the City of Monroe for Property Located at 400, 402, 404, and 406 South Church Street from OT (Office Transition) to R10 (Residential High-Density} A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance - R10 {Residential High Density} 13. Public Comment Period A. Mr. John Crowder 14. Closed Session Pursuant to N.C.G.S. 143-318.11(a)(5) Regu{ar Ciry Council Meeting July 15, 2008 Page 3 CITY OF MONROE REGULAR CITY COUNCIL MEETING JULY 15, 2008 - b: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 6:34 p.m. on July 15, 2008 with Mayor Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcroft, 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 3. Smith. Visitors: Fran Caldwell, Joe Caldwell, Ryan Caldwell, Frank Yarbrough, Shelley O'Neil, Courtni Barrett, Breanna Barrett, Eric Barrett, Lisa Barrett, Iris Nieves, Margarita Montanoz, Dale Ledbetter, Jason deBruyn, Vivian Nieves, Perry Caskey, Jahn Crowder, Eric Hill, Robby Wright, Tina Harkey, Joyce Harkey, Fred Ross, Beth Ross, Boyd Greene, Jessica Greene, Brian Funderburke, Cristina Sheridan, Michele Shoultes, Taylor Shoultes, Bobby Manus, Dan Mitchell, Chris Helms, Brian DeBois, Kyle Purser, Alex Garcia, Wanda Greene, Anna Greene, Joel Pressley, Bradley Evans, Travis Furr, Beth Greene, T.J. Goforth, Tommy ~` Burgess, Joe Beeson, Bryan Gilliard, Kevin Ashley, Jennifer Yates, Andrew Greene, Joe Plyler, Jason Frankenberg, Gary Frankenberg, Renee Hower, Ann Rushing, Mike Courtney, Sarah McAllister, Russ Colbath, Pete Hovanec, Jan Ball, Chris Plate, Lisa Stiwinter, and others. Mayor Kilgore called the Regular City Council Meeting of July 15, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognitions. A. Officer of the Quarter -Watinia Jan Goforth. Police Chief Debra Duncan recognized Watinia Jan Goforth as the Officer of the Quarter. B. Oath of Office -Police Officer Andrew Boyd Greene. Mayor Kilgore administered the Oath of Office to Police Officer Andrew Boyd Greene: I, Andrew Boyd Greene, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter an account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that 1 will faithfully and impartially Regular City Council Meeting .iuly 15, 20D8 Page 4 discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. Isl Andrew Boyd Greene C. Oath of Office -Police Officer Tina Loraine Harke . Mayor Kilgore administered the Oath of Office to Police Officer Tina Loraine Harkey; 1, Tina Loraine Harkey, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that 1 will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. 2'-' /sl Tina Loraine Harkey D. Oath of Office -Police Officer Vivian Nieves. Mayor Kilgore administered the Oath of Office to Police Officer Vivian Nieves: I, Vivian Nieves, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. ~~ Isl Vivian Nieves Item No. 2. Ci Mana er Comments. City Manager Meadows briefed Council on the following: A. Pro Shop. The Pro Shop is nearing completion. Staff anticipates the project will be completed within the next 30 days. B. Old Armo Renovations are still underway on the Old Armory. Staff will keep Council apprised as this project moves forward. C. Open Air Market. Due to the heat, the potential for summertime inclement weather, and a drop in vendor participation, the Open Air Market will only be held on the first and third Thursdays For July and August. D. Weary Clyburn Day. The "Weary Clyburn Day" celebration will be held on Friday, July 18, at 3:30 p.m. at Hillcrest Cemetery. This celebration will involve the dedication of the headstone for Confederate Soldier Weary Clyburn. ~ E. Water Supply Update. Water Resources Director Russ Colbath advised that based on Lam, demand and stored water, the City had approximately 260 days of water supply. He advised that water demand was running l0% below the July 2007 demand. Based on this information, staff Regular City Council Meeting July 15, 2008 Page S recommended that the City continue with Stage I water restrictions and continue to ask citizens to voluntarily conserve water. l~ F. Rock uar Water Resources Director Colbath stated that staff was currently fallowing the steps outlined by the State Land Department for the acquisition of the old rock quarry, which included hiring a local appraiser. Staff will also work towards mediation efforts in becoming the property owner. G. City Logo. Economic Development and Aviation Director Chris Plate unveiled the new City logo: crrsr or ___. MorvK~r a heNtgge oJyragnss Mr. Plate stated that a style guide will be provided to staff for use of the logo. In addition, if the public wishes to use the logo, they, too, must adhere to the style guide. He stated that this logo represented the City's services and ideals as well as the motto "a heritage of progress" for the City. The three flags represent the past, present, and future. The flag in the middle drops below the foundation line and represents that the City is anchored into its heritage. The bottom half of the flags provide an "M" formation within the logo. 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. No further discussion was held. One motion and vote was taken, which included approval of alI items on the Consent Agenda. Item No. 3. A rovaVAcce Lance of Minutes. A. Minutes of City Council Strategic Planning Meeting of June 3,_2008 Council Member Keziah moved to approve the Minutes of the City Council Strategic Planning Meeting of June 3, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: . AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting Tiny 15, 200$ Page 6 B. Minutes of Re ular Ci Council Meetin of June a7 2008. Council Member Keziah moved to approve the Minutes of the Regular City Council Meeting of June 17, 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 C. Minutes of Pu61ic Safe Committee Meetin of June 18 2008. Minutes of the Public Safety Committee Meeting of Tune 1$, 2008 were received as information by Council. D. Minutes of Charlotte-Monroe Executive Air ort Commission Meetin of Ma 5 2008. Minutes of the Charlotte-Monroe Executive Airport Commission Meeting of May 5, 2008 were received as information by Council. (~ c E. Summary of Contracts Awarded, Approved Change mrders, and Settlement of Claims. City Manager Meadows reported by memorandum for informational purposes only the award of contracts pursuant to Ordinance 0-2001-17 and Change Orders approved pursuant to Resolution R-2000-76. There were no settlement of claims. Date Name Purpose FiscalIm act Fund Amount 6/3/08 Newcon Construction Relocation Goldmine Road - General Fund $16,1 l5 Chan a Order Phase I 6110/08 Camp Dresser & McKee Stormwater Feasibility Study $134,915 - Step 3 (Implementation General Fund Phase 6110/08 In-Water Services Co., inc. Lake Lee Intake Repair Water $27,168 Resources 6111108 Leflers Electronics To replace the emergency Monroe Aquatic *$3,356 call system (includes & Fitness removal of old s stem Center 6116/08 Heath & Associates, Inc. On-site inspection for North $76,500 Loop/Ridge Road Natural Natural Gas Gas Fro'ect 6118108 Furmanite America, inc. Lake Lee Raw Water Pump Water *$3,375 Pro~ect Resources 6/1814$ C & A Masonry, Inc. To install fence with brick $22,000 columns around Suckhill Water Pump Station and Lake Lee Resources Raw Water Transfer Station b/18108 R. Joe Harris & Assoc., To provide professional Genera] Fund *$3,700 LLC services for Elm Street culvert design and Washington Street drainage i e s stem desi n 6126108 Camp Dresser & McKee To provide professional General Fund $31,000 services for Elm Street Culvert Design and Washin on Street Drain e Regular City Council Meeting July t5, 2008 Page 7 Date Name Purpose Fiscat Im act Fund Amount Pi e S stem Desi 6126108 Wiggins Construction Co. Walter Bickett Bleacher Renovation Pro'ect Parks & Recreation $30,600 b/26/08 Maxco, Inc. To replace windows in Lake Lee BoatHouse Water Resources *$3,500 *Approved by Department Director Item No. ~. Resolutions. Total $352,229 A. Designation of Certain Individuals to Perform Financial Transactions. Finance and Administration Director Jim Fatland advised by memorandum that certain designations were required by N.C. General Statutes in order to authorize individuals to perform financial transactions on behalf of the City of Monroe. Staff recommended that Council adapt a Resolution updating the Designation of Individuals Authorized to Perform Investment Securities Transactions on behalf of the City. Council Member Keziah moved to adopt Resolution R-200$-50: RESOLUTION DESIGNATING INDNIDUALS AUTHORIZED TO PERFORM INVESTMENT SECURITIES TRANSACTIONS R-2008-50 r WHEREAS, General Statute 159-25(a)(6) of the North Carolina Government Fiscal Control Act specifies that the Finance Officer shall supervise the investment of idle funds of the local government. _~. NOW, THEREFORE, BE IT RESOLVED that the following individuals are authorized by the Monroe City Council to buy, sell, sign, endorse, transfer and enter into investment securities transactions on behalf of the City of Monroe. Mr. F. Craig Meadows, City Manager Mr. H. Wayne Herron, Assistant City Manager Nlr. James R. Fatland, Director of Finance and Administration ~ Adopted this 15th day of July, 2008. ~~- . Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Desi nation of Autf~orized Si notaries. Finance and advised by memorandum that certain authorized signatorie Statutes in order to sign all checks and drafts on behalf recommended that Council adopt a Resolution updating Signatories. Administration Director Fatland s are xequired by N.C. General of the City of Monroe_ Staff the Designation of Authorized Regular City Council Meeting July 15, 2008 Page 8 Council Member Keziah moved to adopt Resolution R-2008-51: RESOLUTION DESIGNATING AUTHORIZED SIGNATORIES R-2008-5 I WHEREAS, General Statute 159-25(b) of the North Carolina Government Fiscal Control Act specifies that the Finance Officer or properly designated Deputy Finance Officer and another municipal official must sign al! checks and drafts issued by a local government; and WHEREAS, the City Council desires that new designations be made with regard to authorized signatories on the City's bank accounts. NOW, THEREFORE, BE IT RESOLVED that the following individuals are hereby designated ~l as authorized signatories for the City's bank accounts effective July 1S, 2008: The Honorable Bobby G. Kilgore, Mayor Mr. F. Craig Meadows, City Manager Mr. H. Wayne Herron, Assistant City Manager Mr. James R. Fatland, Director of Finance and Administration Adopted this 15'h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, ~~- Mayor Fro Tem Bazemore, and Mayor Kilgore NAYS: None C. Amending Condemnation. Resolution R-2008-36 fo Acquire Property at 329 East Franklin Street. City Attorney Terry Sholar advised by memorandum that on April 15, 2008, Council adopted Resolution R-2008-36 authorizing condemnation to acquire property located at 329 East Franklin Street owned by Freddy Laxa and wife, Walkiria Hidalgo Lara. The purpose of acquiring the property stated in the Resolution was for a public park and open space. Mr. Sholar advised that the newly adopted Downtown Master Plan called for a number of street improvements in the downtown area including recommending traffic improvements and possibly a circlelround-about at the intersection of East Jefferson and Franklin Streets. The location of the street improvements will be located on, the property authorized for condemnation. Mr. Sholar recommended that Council adopt a Resolution amending the stated purpose for the condemnation of the property located at 329 East Franklin Street to be for the purpose of street improvements. Council Member Keziah moved to adopt Resolution R-200$-53: RESOLUTION AMENDING R-2008-36 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE REAL PROPERTY R-2008-53 Regular City Council Meeting July 15, 2008 Page 9 WHEREAS, the governing body of the City of Monroe adopted Resolution R-2008-36 on April ~--~ 15, 2008 authorizing the acquisition of real property owned by Freddy Lara and wife, Waikiria ~ Hidalgo Lara located at 329 East Franklin Street by condemnation; and WHEREAS, the stated purpose identified in the Resolution for acquiring the property was far public park and open space; and WHEREAS, the City of Monroe has prepared and adopted a Downtown Master Plan which makes recommendations regarding street and traffic improvements in Downtown Monroe including such improvements and possibly a traffic circle/round about at the intersection of East Jefferson Street and East .Franklin Street; and WHEREAS, the location of such recommended street improvements are to be located on the property previously authorized for condemnation by R-2008-36 and it is the intent of the City of Monroe by action of its governing body khat such street improvements be made requiring acquisition of the identified property by condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The purpose for acquiring the property identified in R-2008-36 is hereby amended to include acquiring property for street improvements as authorized by North Carolina General Statute Section 160A-296. B. Resolution R-2008-36 is hereby ratified and affirmed in all respects save and except amending the purpose as identified herein and other matters expressly stated herein which are inconsistent with R-2008-36. :~~ C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina Genera] Statutes to acquire the property interest herein described and to use the quick take provisions of G. S. 40A-42 (a}. Adopted this 15`h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. Ae uirin Pra e b Condemnation to Relocate Goldmine Road. City Attorney Sholar advised by memorandum that in order to extend the Charlotte-Monroe Executive Airport runway to 7,000 feet as planned, it was necessary to relocate Goldmine Road. This will require obtaining property on which to locate the relocated road long with slope and construction easements. Mr. Sholar advised that Goldmine Generation, LLC was the owner of the property on which to road is to be located. City staff has attempted unsuccessfully to acquire the property from the owner for some time. Staff recommended that Council take the initial step in the - condemnation process by adopting a Resolution authorizing the initiation of condemnation to Regular City Council Meeting 3uly 15, 2008 Page 10 acduire the property by eminent domain on which to relocate Goldmine Road for the extension of the airport runway. Council Member K.eziah moved to adopt Resolution R-200$-52: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE REAL PROPERTY AND EASMENTS ON TO RELOCATE GOLDMINE ROAD OVER CERTAIN PROPERTY OF GOLDMINE GENERATION, LLC R-200$-52 WHEREAS, the governing body of the City of Monroe hereby determines that i# is necessary and in the public interest to acquire aright-of--way over which to relocate Goldmine Road over certain property owned by Goldmine Generation, LLC, as recorded in Deed .Book 4492, Page 708, llnion Public Registry, for the following public purposes: Ta relocate Goldmine Road to allow for the extension of the Charlotte-Monroe Executive Airport runway to a length of 7,000 feet as authorized by North Carolina General Statutes 160A-296 and G.S. 63-50. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the right-of way hereinafter described are the most direct, practical and cost-effective areas to accommodate the needed relocation of Goldmine Road for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: Fee Simple: A portion of that certain parcel or tract of ]and {hereinafter "premises) situated in Union County, North Carolina and more fully described as Tract 11 in a deed recorded in Book 4492, page 708, Union Public Registry, and being 4.4988 acres, more or less, the located and description of which is shown and depicted on a preliminary attached hereto as Exhibit A and incorporated herein by reference. Easements: in addition to the above described fee simple property, an additional 4.6139 acres, more or less will be acquired for a perpetual right, privilege, and slope easement and sight triangles over and upon the above described property along with temporary construction easements, the particular location and description of the slope, sight triangles, and temporary construction easements are shown and depicted on a map attached hereto as Exhibit "A" and incorporated herein by reference. The temporary construction easements shall end and terminate upon completion of construction and the opening for use by the public the relocated Goldmine Road. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Article 9 of Chapter 136 of the North Carolina General Statutes and Chapter 40A of the Regular City Couneil Meeting July 15, 2008 Page I1 North Carolina General Statutes where Article 9 of Chapter 136 conflicts with Chapter 40A including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of G.S. 136-104 and G. S. 40A-42 (a). Adopted this 15`h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None E. Reimbursement Resolution for Runway, Ll~htin~ Rehabilitation. Engineering Director Jim Loyd advised by memorandum that in May 2002, Council adopted Capital Project Budget Ordinance BO-2002-04 to upgrade the existing runway lighting system to a high intensity .runway lighting system with the cables placed in conduit due to ongoing maintenance concerns with the current system. The work was completed in September 2004 for a total cost of $171,393.83, including engineering and construction. Mr. Loyd advised that the grant reimbursed the City of Monroe the amount of $154,255, not to exceed 90% of the non-federal share of the final, eligible project costs. The remaining 10% cost of $17,139 is the local share for the project. Staff recommended that Council adapt a Reimbursement Resolution approving the Grant Agreement for the runway lighting rehabilitation and authorizing the Mayor to enter into the Grant Agreement on behalf of the City of Monroe. _ ~ Council Member Keziah moved to adopt Resolution R-2008-75: RESOLUTION TO APPROVE GRANT AGREEMENT FOR STATE AIRPORT AID PROJECT 36244.24.3.1 (RUNWAY LIGHTING REHABILITATION -REIMBURSEMENT} R-2©OS-75 WHEREAS, a Grant in the amount of $154,255 has been approved by the Department based on total estimated cost of $171,394; and, WHEREAS, an amount equal to or greater than ten percent (10%) of the total estimated project cost has been appropriated by the Sponsor for this Project. NOW, THEREFORE, BE AND IT IS RESOLVED THAT the Mayor of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. Adopted this 15th day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: Regulaz Ciry Council Meeting July 15, 2008 Page 12 AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore ~'1 NAYS: None F. Intent to Close the At-Grade Railroad Crossint=_ at_ Normand Street and Call for Public Hearin to be Held Au ust 19 2008. Engineering Director Loyd advised by memorandum that the City had been in discussion with CSX Transportation, Inc. since March 2007 regarding the closing of the at-grade railroad crossing at Normand Street. With the expansion of their Charlotte Intermodal Terminal, Monroe will be experiencing longer trains passing through the corporate limits on their way to and from Charlotte. Mr. Loyd advised that trains taming through Monroe will increase from their current lengths of 5,000 feet to 7,000 feet, up to 10,000 feet. The trains currently come through in the middle of` the night and this should not change with the increase in length. Mr. Loyd advised that with the longer trains and due to its proximity to the CSX rail yard, the Normand Street at-grade crossing will be blocked far periods of time and CSX was requesting to close the crossing to increase the safety and efficiency of their operations. Staff recommended that Council adopt a Resolution of Intent to close the at-grade railroad crossing at Norman Street and call far a public hearing to be held on August 19, 2008 at 6:30 p.m. Council Member Keziah moved to adopt Resolution R-2008-76 and call for a public hearing to be held August 19, 2008 at 6:30 p.m.: RESOLUTION OF INTENT TO CLOSE THE AT-GRADE RAILROAD CROSSING ~---" AT NORMAND STREET R-2008-76 THAT WHEREAS, the Monroe City Council proposes to permanently close the at-grade railroad crossing at Normand Street pursuant to Section 299 of Chapter 160A of the General Statutes of North Carolina. NOW, THEREFORE, BE TI' RESOLVED that the Monroe City Council declares its intent to permanently close the at-grade railroad crossing at Normand Street. 1. The City Council orders that a Public Hearing be called on the question at 6:30 p.m., Tuesday, August 19, 200$. The City Clerk is hereby directed: 2. To publish a copy of this Resolution in a newspaper authorized to publish legal ads in the City of Monroe as required by statute. 3. 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. 4. Ta cause a Notice of the closing and Public Hearing to be prominently posted in at least two places along said street. 5. 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. Regular City Council Meeting July 15, 2008 Page 13 Adopted this 15'h day of July, 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 G. Condemnations for Natural Gas and Fiber Optic Line ,Easements. Energy Services Director Don Mitchell advised by memorandum that Council previously approved the Natural Gas Transmission Line anal Northern Loop projects. The Transmission Line project involves construction of 43 miles of 12-inch steel gas line and fiber optic line to provide a direct connection to the transcontinental pipeline and to secure a long term supply for Manroe's natural gas utility. The Northern Loop project involves about 11 miles of 8-inch natural gas pipe to complete an east-west connection across the existing natural gas distribution system; thus ensuring adequate natural gas supply to the western side of the system. Mr. Mitchell advised that both projects were, for the mast part, being built on private easements. To date, negotiations with several property owners for the required easements have been unsuccessful. He advised that these easements were required to complete the subject natural gas projects. Staff recommended that Council adopt Condemnation Resolutions to allow completion of the Natural Gas Transmission Line and Northern Laog projects. In the meantime, staff will continue to negotiate in good faith with the property owners in an effort to resolve this issue. ~f 1) Hurley Campbell Council Member Keziah moved to adapt Resolution R-2008-54: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF HURLEY W. CAMPBELL R-2008-54 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned -` by Hurley W. Campbell, as recorded in Deed Book 2086, Page 884, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system,, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. Regular City Council Meeting July 15, 2008 Page 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: [ A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 2086, Page 884 Union County Registry, and #o construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a .map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict ar prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said Iand shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a}. Adopted this 1S`h day of July, 2008. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: Regular Ciiy Council Meeting July 15, 2D08 Page I S AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None 2 John W. Hill, III. Council Member Keziah moved to adopt Resolution R-2008-55: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF JOHN W. HILL, III R-2448-55 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by John W. Hill, III, as recorded in Deed Book 3784, Page 96, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specilically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. ' WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 3784, Page 96 Union County~Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the righk-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. Regular City Council Meeting July 15, 2008 Page 16 6. To regulate, restrict or prohibit any future building {construction or structure} within the ^ easement. (~ - 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15`t' day of July, 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 3) Dewitt Partners. Council Member Keziah moved to adopt Resolution R-2008-5G: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUH2E NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF DEWITT PARTNERS R-2008-56 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Dewitt Partners, as recorded in Deed Book 258, Page 448, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. Regular CiEy Council Meeting July 15, 2D08 Page 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 258, Page 448 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown an the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be aver the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15`x' day of July, 2008. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting July l5, 2008 Page 18 AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None 4) Jerry L. Tomberlin. Council Member Keziah moved to adopt Resolution R-2008-57: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF JERRY L. TOMBERLIN R-2008-57 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and /'~ in the public interest to acquire natural gas and fiber optic line easements over certain property owned l ~ by .Terry L. Tomberlin, as recorded in Deed Book 401, Page 526, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina.General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the mast direct, practical and cast-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 401, Page 526 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions there#o. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. Regular City Council Meeting July 15, 2008 Page 19 6. To regulate, restrict or prohibit any future building {construction or structure) within the easemen#. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City`s right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings _ under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.GG.S. 40A-42 (a). Adopted this 15th day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~~ 5~ Ira Hollis Helms. Council Member Keziah moved to adapt Resolution R-2008-58: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIItE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF HtA HOLLIS HELMS R-2Q08-58 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Ira Hollis Helms, as recorded in Deed Book 1228, Page 311, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. `- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: Regular Gity Council Meeting July 15, 2008 Page 20 A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 1228, Page 31 l Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the" right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and "when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest mast practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation -- to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15~h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore _~ NAYS: None Regular City Council Meeting July l5, 2008 Page 21 6 Ira Hollis Helms, Council Member Keziah moved to adopt Resolution R-2008-59: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF IRA HOLLIS HELMS R-2008-59 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by lra Hollis Helms, as recorded in Deed Book 340, Page 436, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 340, Page 436 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by,condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure} within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. Regu]ar City Council Meeting July 15, 200$ Page 22 8. The easements shall be located and have the dimensions as shown on the above referenced map. ~ The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they da not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 {a). Adopted this 15`h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following Votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None 71 Jack Melvin Griffin. Council Member Keziah moved to adopt Resolution R-2008-60: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE '~--' EASEMENTS OVER CERTAIN PROPERTY OF JACK MELVIN GRIFFIN R-2008-60 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Jack Melvin Griffin, as recorded in Deed Book 380, Page 410, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cast-effective route for the City's purposes. Regulaz City CounciE Meeting July 15, 2008 Page 23 13. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of ]and (hereinafter "premises") situated in Union County and State of North Carolina and more fuEly described in Deed Book 380, Page 410 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary main#enance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest mast practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 44A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a}. Adopted this 15th day of July, 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 8) Joe G. Cuthkrertson. Council Member Keziah moved to adopt Resolution R-2008-61: Regular City Council Meeting ]u!y 15, 2008 Page 24 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUHtE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF JOE G. CUTHBERTSON R-20U8-6I WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire na#ural gas and fiber optic line easements over certain property owned by Joe G. Cuthbertson, as recorded in Deed Book 839, Page 299, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as ,r-~ authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 1SOA-47 ~ _ } and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual righ#, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 839, Page 299 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions #hereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. Regular City Council Meeting ]uly 15, 2U08 Page 25 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at '~ the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15`h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor 1'ro Tem Bazemore, and Mayor Kilgore NAYS: None 9 Bethlehem Presb terian Church. Council Member Keziah moved to adopt Resolution R- 200$-62: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF BETHLEHEM PRESBYTERIAN CHURCH R-2005-62 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Bethlehem Presbyterian Church, as recorded in Deed Book 84, Page 520, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 1GOA-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. Regular City Council Meeting July i 5, 2008 Page 26 B. The City of Monroe shalt acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 84, Page 520 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. S. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building {construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The at#orneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a}. t - Adopted this 15`h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, 3ordan, Keziah, Nash, Mayor 1'ro Tem Bazemore, and Mayor Kilgore NAYS: None 10~ Belk Family Land, LLP, Council Member Keziah moved to adopt Resolution R-2008-64: .~ Regular Gity Council Meeting July I5, 2008 Page 27 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUHiE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF BELK FAMILY LAND, LLP R-200$-64 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Belk Family Land, LLP, as recorded in Deed Book 3940, Page 21, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and f ber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as V authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 1b0A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and ~_ interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 3940, Page 21 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The fallowing rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of-way strip, now or at any time in the future, trees, structures ar other obstruc#ions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. Regular City Council Meeting Jeely 15.2008 Page 28 8. The easements shall be located and have the dimensions as shown on the above referenced map. ~_ The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15`h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the fallowing votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None li) C&P Holdings of Monroe, LLP. Council Member Keziah moved to adopt Resolution R- 2008-65: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF C&P HOLDINGS OF MONROE, LLC ' R-2.008-GS WHEREAS, the governing.body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by C&P Holdings of Monroe LLC, as recorded in Deed Book 427, Page 345, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded -- services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. Regular City Council Meeting July 15, 2008 ' Pagc 29 B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises"} situated in Union County and State of North Carolina and more fully described in Deed Book 427, Page 34S Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-af--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The fallowing rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4, To remove from the right-of--way strip, now or at any time in the future, trees, structures ar other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, function boxes, and other necessary appurtenances. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrick or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. ~___ The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to insti#ute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15`h day of July, 2008. .. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None 121 Ronnie Dale Starnes. Council Member Keziah moved to adopt Resolution R-2008-66: Regular City Council Meeting ]uly 1 S, 2008 Page 30 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIItE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF RONNIE DALE STARVES R-2008-bb WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic Iine easements over certain property owned by Ronnie .Dale Starnes, as recorded in Deed Book 243, .Page 631, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas. system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: ~_ A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 243, Page 63l llnion County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. b. To regulate, restrict or prohibit any future building {construction or structure} within the easemen#. 7. To regulate, restrict or prohibit any changes of grade within the easement. Regular City Council Meeting July 15, 2008 Page 31 $. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. - C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15'" day of July, 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 13) Paul Andrew Sco~~i:ns. Council Member Keziah moved to adopt Resolution R-2048-67: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF - PAUL ANDREW SCOGGINS R-2008-67 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Paul Andrew Scoggins, as recorded in Deed Book 2029, Page 739, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. Regular City Council Meeting July I5, 20D8 Page 32 B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and /~ interest described as follows: t A perpetual right, privilege and easement to go in and upon that certain parcel of ]and (hereinafter f "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 2029, Page 739 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building {construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map: The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 {a). Adopted this 15`~ day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None 14) Paul Andrew Scotgins. Council Member Keziah moved to adopt Resolution R-2008-68 Regular City Council Meeting July 15, 2D08 Page 33 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF J PAUL ANDREW SCOGGINS R-2b08-68 WHEREAS, the governirig body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Paul Andrew Scoggins, as recorded in Deed Book 1315, Page 321, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need far expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and ~. interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 1315, Page 32i Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, .line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure} within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. Regular City Council Ivleeting ]uly 15, 2008 Page 34 S. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they .... exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route ar routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chap#er 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15`h day of Ju]y, 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 15) Anthony E. Marez. Council Member Keziah moved to adopt Resolution R-2008-70: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF `~~ ~ ANTHONY E. MAREZ R-2008-70 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Anthony $. Marez, as recorded in Deed Book 1133, Page 611, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as -- authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A_. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route far the City's purposes. Regular City Council Meeting July 15, 2008 Page 35 B. The City of Monroe shall acquire by condemnation, for the purpose skated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter '~ "premises") situated in Union County and State of North Carolina and more fully described in Deed .Book 1133, Page 611 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right- of-way and easement is shown and depicted as Parcel 39 on a plat recorded in Plat Cabinet K, file 657, Union Public Registry and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. t,~,} 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any Changes of grade within the easement, 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest mast practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 {a). J„ Adapted this ] 5`h day of July, 2008. Counci! Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pra Tem Bazemore, and Mayor Kilgore NAYS: None 16) D.L. Furr. Council Member Keziah moved to adopt Resolution R-2008-71: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE Regular City Council Meeting 7uly l5, 20D8 Page 36 EASEMENTS OVER CERTAIN PROPERTY OF D. L. FURR R-2008-71 `~ WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by D. L. Furr, as recorded in Deed Book 450, Page 898, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 450, Page 898 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: l . To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure} within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. Regular City Council Meeting July 15, 2008 Page 37 The City's right to enter said land shall be confned to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 15`~ day of July, 2008. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, 7ordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None 17) D.L. F>I~rr. Council Member Keziah moved to adopt Resolution R-2008-72: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF D. L, FURR R-2008-72 - ~ WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interesk to acquire natural gas and fiber optic line easements over certain property owned by D. L. Furr, as recorded in Deed Book 235, Page 679, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and ko improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of .Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: - A perpetual right, privilege and easemenk to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Regular City Council dvleeting ' July I5, 2D08 Page 38 Deed Book 235, Page 679 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description ^ of the right-of-way and easement is shown on a map attached hereto as Exhibit "A" and ( ` incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building {construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall' be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a}. Adopted this l 5`h day of July, 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 18) Loyd Lamar Price. Council Member Keziah moved to adopt Resolution R-200$-73: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF LOYD LAMAR PRICE R-2008-73 Regular City Council Meeting July 15, 2008 Page 39 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire natural gas and fiber optic line easements over certain property owned by Loyd Lamar Price, as recorded in Deed Book 17$, Page 118, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need far expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF y MON~,2OE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. B. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to ga in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Baok 178, Page 1 ] 8 Union County Registry, and to construct, maintain and operate natural gas and fiber optic lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and .~ incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, .now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators, junction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. ttegulaz City Council Meeting July 15, 20p8 Page 40 C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this l5'h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None 19) Leo Enterprises, LLC. Council Member Keziah moved to adopt Resolution R-2008-74: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE NATURAL GAS AND FIBER OPTIC LINE EASEMENTS OVER CERTAIN PROPERTY OF LEO ENTERPRISES, LLC R-2008-74 WHEREAS, the governing body of the City of Monroe hereby determines that ik is necessary and in the public interest to acquire naturai gas and fiber optic line easements over certain property owned by Leo lnterprises, LLC, as recorded in .Deed Book 3593, Page 513, for the following public purposes: L__~ To protect and promote the public health, to provide the public with an adequate and sound natural gas system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its natural gas and fiber optic lines and related facilities over the property hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route far the City's purposes. B. The City of Monroe shall acquire by condemnation, far the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in Union County and State of North Carolina and more fully described in Deed Book 3593, Page 513 Union County Registry, and to construct, maintain and operate natural '-' gas and fiber optic lines and other necessary apparatus and appliances, the particular description Regular City Council Meeting .iuly 15, 2008 Page 4l of the right-of way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. 5. To install valves, line markers, regulators,~unction boxes, and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibik any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. C. The attorneys representing the City of Monroe are directed to institute the necessary proceedings ~- under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 {a). Adopted this 15~h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor 1'ro Tem Bazemore, and Mayor Kilgore NAYS: None H. Reclaimed Water Elevated Tank Site Land Purchase. Water Resources Director Colbath advised by memorandum that in December 2407, Council authorized funding for the development of a reclaimed water system and in May 200$, Council awarded the design contract for the tank. Mr. Colbath advised that staff had negotiated to purchase a site for the reclaimed water storage tank as directed by the Environment and Water Resources Committee and was prepared to close on the land purchase subject to Council approval. Staff recommended that Council adopt a ~- Resolution allowing the City to acquire 5.907 acres, more or less, located south of Sunset Avenue near the intersection of Charles Street for public purposes. Regular City Council Meeting July 15, 20D8 Page 42 Council Member Keziah moved to adopt Resolution R-2008-69: RESOLUTION TO ACQUIRE REAL PROPERTY LOCATED NEAR THE INTERSECTION OF SUNSET AVENUE AND CHARLES STREETS BEING TAX PARCEL NUMBER 09-237-001 R-2008-69 WHEREAS, certain real property owned by Petrovia Evans located south of Sunset Avenue near the intersection of Charles Street and being identified as Tax Parcel Number 09-237-001 containing 5.907 acres, more or less, became available for sale; and WHEREAS, City of Monroe staff has negotiated with the owners representative to acquire said property far a purchase price of $70,000; and WHEREAS, the acquisition of the properly by the City of Monroe is necessary for use for public purposes. NOW, THEREFORE, BE IT RESOLVED, that the properties owned by Petrovia Evans located south of Sunset Avenue near the intersection of Charles Street and being identified as Tax Parcel Number 09-237-001 be acquired for the sum of $70,000. The City Manager is hereby authorized to take any and all action necessary to acquire said properties including the execution of all documents on behalf of the City to complete the transactions. Adopted this 15t1i day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor. Kilgore NAYS: None Item No. 5. Ordinances. A. Amending the Standard Specifications and Detail Manual. Engineering Director Loyd advised by memorandum that the City of Monroe Standard Specif cations and Detail Manual was originally adopted by Council on August 21, 2001. Staff prepared a draft Ordinance compiling a number of recommended changes to the Detail Manual and recommended that Council adopt the Ordinance approving the changes. Council Member Keziah moved to adopt Ordinance 0-2008-18. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting ]uly 15, 2008 Fage 43 Said 4~dinance 0-2008-18 is hereby incorporated as a part of these Minutes as "Exhibit A." B. Amendins? Fees Schedule - Planning and Zoning -Sanitation Services. Assistant City ~-- Manager Wayne Herron advised by memorandum that Wood Designs, a customer who utilizes the City's dumpster service, has requested that their service be increased to two times per day during the summer months for a total of ten pick ups per week. Mr. Herron advised that Waod Designs has an eight yard durnpster that was currently serviced once per day, five days a week at a monthly fee in the amount of $441.92. Mr. Herron advised that the City's current Fees ,Schedule did not include a fee for twice daily dumpster service. The increased dumpster service of two times per day for a total often pick ups per week would result in a monthly charge of $883.84. Staff recommended that Council adapt an Ordinance amending Chapter VIII: Planning and Zoning, Article B-Sanitation Service of the Fees Schedule to add a fee in the amount of $883.84 for eight yard dumpsters to be serviced two times per day for a total of ten pick ups per week. Council Member Keaiah moved to adopt Ordinance 0-2008-31: ORDINANCE TO AMEND CHAPTER VIII: PLANNING AND ZONING OF THE FEES SCHEDULES OF THE CITY OF MONROE 0-2008-31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT THE FEES SCHEDULE IS HEREBY AMEDNED AS FOLLOWS: Section 1. ART.iCLE B. SANITATION SERVICE Section 3. Charges -Industrial and Commercial Customers with Dumpster Service and Apartments and Condominiums. ADD: I'i~~~Dum ster, Size,~r~~i "~ill,i~,",;Number Pick-u s Per,,:Week'~ Monthl :Rate V,~, 8 Yard 10 $883.84 Section 2. This Ordinance shall be effective upon adoption. Adopted this l St'' day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Budget Amendment. Regular City Council Meeting July 15, 2008 Page 44 A. Walmart Donation to Youth Pro ram. Police Chief Duncan advised by memorandum that the Police Department had received a $5,000 donation from Walmart. Walmart designated the -- money to the Youth Program. Chief Duncan advised that the funds will be used for the D.A.R.E. Program and other youth programs sponsored and supported by the Police Department. Staff recommended that Council adopt a Budget Amendment accepting the $5,000 donation and appropriating the funds. Council Member Keziah moved to adopt Budget Amendment BA-2008-26: BUDGET AMENDMENT BA-2008-26 1. Amendment necessary to designate and appropriate funds for a donation to the youth fund frotn Wal-Mart. General Fund: Revenues: Miscellaneous $5,000 Expenditures: Public Safety $5,000 Adopted this 15`'' day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Transferring Self-Insurance Funds Budget. Finance and Administration Director Fatland advised by memorandum that during the budget process, Council established separate self insurance funds to account for workers' compensation and health insurance. Budgeted funds for the wellness program and disability were budgeted in General Fund. Staff recommended that these costs be accounted for in the medical and workers' compensation funds and that Council adopt a Budget Amendment to transfer funds budgeted in the General Fund to the Self Insurance Funds. Council Member Keziah moved to adopt Budget Amendment BA-2008-27: BUDGET AMENDMENT BA-2048-27 1. Transfer funds budgeted in the General Fund to the new Self Insurance Funds. General Fund: Regular City Council Meeting July 15, 2008 Page 45 General Government: Transfer to SIF Healtb/Dental Fund ($35,400) Transfer to SIF Workers' Compensation ($20,000) Expenditures: Disability Claims ($20,000) Wellness Program ($36,400) SIF HealthlDental Fund: Other. Financing Sources: Transfer from General Fund $36,400 Expenditures: Wellness Program $36,400 SIF Workers' Compensation Other Financing Sources: Transfer from General Fund $20,000 Expenditures: Disability Claims $20,000 Adopted this I S`h day of July, 2008. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 7. Call for Special Joint Meeting with Union County Board_of Commissioners to be Held Julv 21, 2008 at 5:34 p.m. in the Personnel Training Room of the Union County Government Center Located at 500 North Main Street to Discuss General Issues of Mutual Concern. Council Member Keziah moved to call for a Special Joint Meeting with Monroe City `J Council and the Union County Board of Commissioners beheld July 21, 2008 at 5:30 p.m. in the Personnel Training Room of the Union County Government Center located at 500 North Main Street. The purpose of the meeting is to discuss items of mutual interest. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah,. Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~1 Item No. 8. City Facilities Cleaning Contract. Parks and Recreation Director Mike Courtney -- _ requested by memorandum that Council approve the contract with Green's Commercial Cleaning for Fiscal Year 2008-2009 to provide cleaning services far City Hall, Old City Hall, Operations Regular City Council Meeting ]uly E 5, 2008 Page 46 Center, Airport Terminal Building, PolicelFire Department Headquarters, Dickerson Center, Mars Center, J. Ray Shute Center, Bazemore Center, Sutton Park Center, Winchester Gym, Winchester Ceramics, Street Division Building, Parks Maintenance Building and the Aquatics and Fitness Center. Council Member Keziah moved to approve the FY 2008-2009 City Facilities Cleaning Contract with Green's Commercial Cleaning in the amount of $275,229. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 9. Promisso Note for Startu of Stormwater Utili .Engineering Director Loyd advised by memorandum that as part of the FY 2008-2009 budget process, staff was authorized by Council to proceed with the startup of a Stormwater Utility Fund with an implementation date of January 1, 2DD9. Staff presented a budget which included an initial loan not to exceed $180,000 from the Electric Fund which is to be repaid over the next five years at an interest rate of 3.19%. Staff recommended that Council approve a Promissory Note for repayment of a loan not to exceed $180,000 from the Electric Fund to the Stormwater Utility Fund. Council Member Keziah moved to approve the Promissory Note for repayment of a loan not to exceed $1$O,OOD from the Electric Fund to the Stormwater Utility Fund. Council Member Ashcroft seconded the rnation, which passed unanimously with the following votes: ~~ AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Said Promissory Note is hereby incorporated as a part of these Minutes as "Exhibit B." REGULAR AGENDA Item No. 10. Adoption of Additional Six-Month Moratorium on Residential Subdivision ~. Development (Continued from June 17, 2008). A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing which was continued from the June 17, 2008 City Council Meeting. Assistant Director of Planning and Building Standards Lisa Stiwinter stated that this item was tabled to develop an exemption for minor subdivisions that would contain no more than two total lots. This language has been added to the proposed Ordinance. Staff recommended that Council adopt an Ordinance implementing a new moratorium that will expire in January 2009. There being no other speakers, Mayor Kilgore closed the public hearing. Regular City Council Meeting July I5, 2008 Page 47 B. Action -- Ordinance Apnrovin~ Six-Month Moratorium an Residential Subdivision Development. Council Member Keziah moved to adopt Ordinance 0-2008-27: ORDINANCE TO EXTEND THE MORATORIUM FOR NEW SINGLE FAMILY RESIDENTIAL SUBDIVISION APPROVAL 0-2008-27 Preamble BE IT ORDAINED BY THE MONROE CITY COUNCIL AN ORDINANCE OF THE CITY OF MONROE, NORTH CAROLINA, PROVIDING FOR THE EXTENSION FROM THIS DATE A MORATORIUM ON NEW SINGLE FAMILY RESIDENTIAL SUBDIVISION APPROVAL FOR A PERIOD OF ONE HUNDERD EIGHTY (180) DAYS. ~l WHEREAS, adequate public facilities, resources, and infrastructure are necessary for the - approval of any new development to insure the protection of public health, safety, welfare and project success; and WHEREAS, adequate public facilities, resources, and infrastructure also provide quality of life for residents and businesses in the City; and WHEREAS, Monroe City Council and City staff are concerned that the growth of residential development within the City and requests for new residential development outside the City be annexed into the City is at such a rate that the ability of the City, County, and State to provide adequate public facilities, resources, and infrastructure is questionable; and WHEREAS, the City of Monroe .needs to maintain the status quo to provide time to investigate, study, and develop Ordinances and growth strategies to control residential growth and assure the ~- provision of public facilities to serve future growth. Upon consideration of the comments received during the public hearing and advice of City staff, Monroe City Councils finds and enters the following: FINDINGS OF FACTS: 1. Conditions outlined in the adopted Moratorium Ordinance {0-2008-04) shall remain in effect therefore council reaffirms the findings of fact with additional findings to warrant a moratorium extension in the proposed ordinance {0-2008-27). 2. Prior to the Moratorium Ordinance (0-2008-04) adoption, the City of Monroe's Land Development Committee created development growth strategies related to single-family subdivisions. The proposed development growth strategies were designed to reduce the amount of residential development in areas outside the City's central urban core that place a strain on public facilities, resources and infrastructure. Over the last six (6} months the Land Development Committee has met to discuss current policies and the draft development growth strategies. 3. The Land Development Committee and staff held a forum on April 17, 2008 with local developers to get there input on the draft development growth strategies. Local developers expressed their concerns with the proposed growth strategies in regards to the need for clustering subdivisions and neo-traditional neighborhoods. Regular City Council Meeting July I S, 2008 Page 48 4. Afield trip has been scheduled at the request of local developers to various subdivisions to explore differences in applications and regulations in policies related to single-family subdivision development. 5. The City of Monroe Planning Staff had previously anticipated a six (6) month period adequate to study and develop growth strategies to control residential growth and assure the provision of public facilities to serve future growth. G. The results from the forum above have proven that the revisions of the city's single-family subdivision regulations are beyond the capability of being completed within the six (6) month period given the request to explore clustering and neo-traditional neighborhood planning measures. 7. The Single-Family Moratorium Ordinance (0-2008-27) will begin on July 22, 2008 and end on ,~^~ January 21, 2009. The extended time will allow staff to continue to evaluate current policies and t public facilities, resources and infrastructure. The extended time will also allow staff the opportunity to move forward with further steps in the process by meeting with additional committees such as Environment and Water Resources, Annexation, Transportation, and Planning Board. All such activities are to be completed and implemented within the six {b} month moratorium period. 8. Required State Statutory Findings are as follows: l) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the city and why those alternative courses of action were not deemed adequate. a. The City is experiencing growth beyond what the existing or currently planned _ infrastructure can handle. The initial course of action was consideration of amendments to change policies and growth related ordinances, but with these courses of actions the City was unable to address the growth related issues while having to process applications at the same time. 2} A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium. a. All residential subdivisions will be subject to the moratorium with the exemption of minor subdivisions containing no more than two total lots. The moratorium on residential subdivisions will allow the City to study and modify policies and ordinances that will address the problems and conditions facing not only the City but developers and builders as well. 3) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium. 4) The date proposed for termination of the moratorium is January 21, 2009. The six month time period will allow proper discussion and review by all stakeholders in the community with the Land Development Committee, Planning Board and City Council. 5} A clear statement of the actions, and the schedule for those actions, proposed to be taken by the city during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium. Regular City Council Meeting July l5, 2008 Pagc 49 a. The Land Development will continue its discussions with local developers and builders and forward a recommendation to the ,Planning Board. The Planning Board will review and make a recommendation to the City Council. The City Council will schedule required public hearings and may adopt amended policies and ordinances prior to January 21, 2009. NOW THEREFORE, BE IT ORDAINED by the City Council of Monroe: 1. That a moratorium be enacted from July 22, 2008, for a period not to exceed one hundred eighty {180) days for all new single-family residential subdivisions with an exemption of minor subdivisions containing no more than two total lots and shall expire on January 21, 2009. 2. Area: This Ordinance shall apply to all properties within the City of Monroe's corporate limits, as well as properties within its Extra-territorial Jurisdiction. 3. Definition. As used in this Ordinance the term listed below shall have the following meaning; SINGLE FAMILY RESIDENTIAL SUBDN[SiON: The creation of lots from a single lot with the intent to sell, or to develop for single family residential uses. Adopted this 15~' day of July, 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. 11. Zoning Map Amendment Request by Gary Frankenbur>? for Property Located at 819 North Charlotte Avenue from GB (General Business) to Conditional District "All Pro Transmission." A. Public Hearin. Mayor Kilgore opened the duly advertised public hearing. Planner Ann Rushing stated that this was a zoning map amendment request by Gary Frankenberg for 2.15 acres located at 819 North Charlotte Avenue from GB {General Business) to Conditional District "All Pro Transmission" in order to relocate and operate a transmission repair workshop. Ms. Rushing stated that the subject property was located in the General Business zoning district with additional businesses also being zoned General Business. She stated that according to Section 156.114 of the City of Monroe's Unified Development Ordinance (UDO) titled "Table of Permissible Uses," all automobile related sales and service operations are required to receive a conditional district approval. Ms. Rushing stated that All Pro Transmission would be painting the exterior of the building and repairing any roof problems. She advised the applicant also planned to pave the parking lot, ~1 install security lights and cameras, fix or replace the existing fence, replace the windows, replace Regular City Council i~4eeting 7uly 15, 2008 Page 50 the front door, and remove completely one of the rear buildings that cannot be repaired. She stated that they will also install a professional sign. Ms. Rushing stated that the petitioner would like to retain all General Business uses as well. The prior use of the property was American Rewinding, a machine shop for motors, which was sold and relocated to Rocky River Road. The applicant will be required to install slats within the chain link fence in order to screen the property and also plant shrubs at the front of the building in accordance with the UDO. Ms. Rushing stated that the current direction provided by the Land Development Committee was not to add new automotive related uses, but the Land Development Committee felt this site would be appropriate due to the improvements proposed by the applicant. Staff and Planning Board recommended approval of the proposed Conditional District "All Pro Transmission." There being no other speakers, Mayor Kilgore closed the public hearing. B. Action - Zoning Mau Amendment. Council Member Nash moved BE IT ORDANiED that this property be rezoned from GB {General Business} to Conditional District "All Pro Transmission." Council Member Jordan seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None J C. Action -Resolution of Land Development Plan Comuliance -Conditional District "All Pro Transmission." Council Member Nash moved to adapt Resolution R-2008-46: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "ALL PRO TRANSMISSION" R-2DD8-46 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby fnd and determine that the adoption of the zoning map amendment for Conditional District "All Pro Transmission" further described below property is consistent with the adapted 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 Flan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map .amendment for property with Union County Tax Farcel Number: 09-229- 02$. Adopted this 15`h day of July, 2008. Council Member Jordan seconded the motion, which unanimously passed with the following votes: Regular City Council Meeting July 15, 20Q8 Page 51 AYES: Council Members Ashcroft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 12. Zoning Man Amendment Request by the City of Monroe far Property Located at 400, 402, 404, and 406 South Church Street from QT (office Transition) to R10 (Residential High Density). ~~ A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Ann Rushing stated that this was a zoning map amendment request by the City of Monroe for the properties located at 400, 402, 404, and 405 South Church Street from OT {Office Transitional) to R10 (Residential High Density). Ms. Rushing stated that the subject properties are zoned OT (Office Transitional) and consist of 1.22 acres. The Office-Transitional district is designed to accommodate a mixture of residential uses and non-residential uses that fall primarily within the off ce, clerical, and research category of the Table of Permissible Uses. She stated that it was intended that this zoning classification be applied primarily in areas that are no longer viable as single-family residential due to high traffic volumes or other market factors, but remain viable as locations for offices. Prior to the adoption of the Unified Development Ordinance (UDO} in 2003, Ms. Rushing advised that the properties were zoned RO {Residential Office). Upon adoption of the UDO all properties zoned RO (Residential Office) were rezoned to the OT (Office Transitional} zoning designation. Ms. Rushing advised that at a prior meeting of the Monroe Historic Commission, it was noted on a zoning map from another case that the proposed parcels were zoned OT (Office Transit>onal) _~. in an area that was historically used as residential. The Monroe Historic District Commission requested that consideration be given to rezone the properties for consistency with the adjacent properties. The adjacent properties are zoned R10 (Residential High Density). She stated that the R10 district was designed to provide the residents with a comfortable, healthy, safe and pleasant environment in which to live, sheltered ftom incompatible and disruptive activities that are associated with nonresidential zoning districts. All property owners have been contacted and have expressed a desire to have consistent zoning with residential. Staff and the Flapping Board recommended approval of the zoning map amendment request. Mr. Eric Hill requested that Council approve the amendment changing this from Office- Transitional zoning to R-10 (Residential High Density). There being no other speakers, Mayor Kilgore closed the public hearing. B. Action _ Zonnnt; Map Amendment. Council Member Nash moved BE IT ORDANIED that this property be rezoned from OT (Office Transitional} to R10 (Residential High Density). Council Member Jordan seconded the motion, which unanimously passed with the following votes: Regular City Council Meeting 3uly 15, 2008 Page 52 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore ~1 NAYS: None C. Action -Resolution of Land Development Plan Compliance - R10 (Residential High Densi .Council Member Nash moved to adopt Resolution R-2008-49: ~~ RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE R10 (RESIDENTIAL HIGH DENSITY) R-2008-49 WHEREAS, in accordance with the provisions of North Carolina General Statute 1b0A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for R10 (Residential High Density) 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 County Tax Parcel Numhers: 09-232- 014, 09-232-015, 09-235-OOlA, and 09-235-OOIB. Adopted this 1 S`" day of ]uly, 2008. Council Member Jordan seconded the motion, which unanimously passed with the following Item No. 13. Public Comment Period. votes-: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None A. Mr. John Crowder. Mr. John Crowder expressed concern with the reclaimed water storage tank and the location. He advised that the tank was being proposed to be placed in his neighborhood. He advised that the major concerns of the neighborhood were flooding, electrical storms, property values, and the location of the tank near two churches and a school. He requested that Council reconsider the location of the water storage tank. Item No. 14. Closed Session Pursuant to N.C.G.S. 143-318.11{a){5). Council Member Keziah moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(5). Council Member Ashcraft seconded the motion, which gassed unanimously with the following votes: AYES: Council Members Ashcraft,lardan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting ]u1y l5, 2008 Page 53 Upon return from Closed Session and there being no further business, the Regular City Council Meeting of July 15, 200$ adjourned at 7:45 p.m. Attest: e~l^1~ ~'~'. s74of~1Y1So Brid ette H. Robinson, ity Clerk ~~J Bobby G gore, Mayor Regular City Council Meeting Ju]y i 5, 2008 Page 54 ORDINANCE TO AMEND THE CITY OF MONROE STANDARD SPECIFICATIONS AND pETAIL MANUAL 0-2008-i8 f~ I i~ BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Standazd Specifications and Detail Manua! be amended as follows: DIVISION 01.00 GENERAL 01.01 DEFINITIONS Add: EROSION CONTROL -The practice of preventing or controlling the wearing away of land surfaces {soil, rocks, sand) due to natural processes {water, wind, gravity). _ 01.02 o l .a~ ROADWAY CONSTRUCTION -Any including but not limited to undercut, structures and pavement construction. ABBREVIATIONS Delete: SCS Soil Conservation Service work on new roadway improvements embankment, storm drain, storm drain APPLICABLE SECTIONS, DIVISIONS, AND -STANDARDS OF THIS MANUAL The following divisions and/or standards steal! apply to residential, commercial, and industrial subdivision development: 2. (B) Add: 02.02.06 Sidewalk Requirements The following divisions and/or standards shall apply to single lot non-single family residential, commercial, and industrial development: 3. {B) Add: 02.01.03 Traffic Studies 02.02.05 Off-Street Parking 02.02.06 Sidewalk Requirements (Name changed) Delete: 42.02.06 Non-Single Family Single Lot Development Requirements 01.05 DEVELOPER AND CONTRACTOR REQUIREMENTS Regular City Council Meeting .luly 15, 2008 Exhibit "A" Page 1 of 1S O1.OS.OI ALL DEVELOPMENT 2. The Developer is required to designate a single party who will serve as his agent and be responsible for all Contractor operations and all communications with the City of Monroe. This person shall provide current cell phone number and email address to facilitate exchange of information. Add: 5. APre-Construction meeting is required for all new road construction. Refer to Section O1.OS.02. APre-Construction meeting may be required for Commercial Development dependant on utilities to be installed. O].OS.02 NEW ROAD CONSTRUCTION 7. Prior to the start of any construction activity, all approvals and permits for the development (erosion control, environmental, storm drainage, water, sewer, roadway, driveway permits, etc.) must be obtained by the Developer. 01.06 SAFETY 01.06.02 HEALTH AND SAFETY HAZARDS 2. This shall include but not be limited to the following exposures: Add: Task Appropriate Standard Confined Space Entry Confined Space OSHA 1410. i 46 01.07 ROADWAY AND STORM DRAINAGE CONSTRUCTION PLAN REQUIREMENTS 1. Each plan sheet shall have the seal, signature, and date of the professional, as defined in Standard 01-04, Note 1, registered in the State of North Cazolina, under whose supervision the plans were prepared. 01.08 INSPECTIONS ~! 7. Revisions to the approved drawings due to field conditions are io be initiated by the Developer and his Contractor through the Professional of Record and will require approval from the Engineering Department. 8. Quality Assurance and Quality Control testing shall he required for all system improvements -water, sanitary sewer, storlxi drainage and streets to ensure proper materials and workmanship. The Developer shall be responsible for retaining a qualified geotechnical firm for the purpose of performing the required testing. Reference Appendix A-14 Density Test Worksheet. n Testing Requirements Regular City Council Meeting July 15, 20U8 Exhibit "A" Page 2 of 15 Within the roadway, existing or proposed, density tests shall be taken at intervals of not more than 200 feet and at all intersection crossings. Within the right of way, outside of the roadway, density tests shall be taken at intervals of not more than 500 feet and at all intersection crossings. Within open areas outside the street right of way, density tests shall be taken at intervals of not more than 1000 feet. In case of failing test, the Engineering Director has authority tt"o require re-testing at S00 feet intervals within the failed area. Roadways Material placed far roadway embankments shall be placed in uniform layers not to exceed 10 inches in depth. Density tests shall be taken after the second layer and then every third layer thereafter with the final test at subgrade. Linear frequency of density test shall be at random but no greater than 300 . feet apart. Density tests for stone base shall be at random but no greater than 300 feet apart. Each layer of stone base shall be compacted to a density equal to at least ~~ I00% of Modifted Proctor AASHTO T-180 maximum dry density. ~~ 01.09 WARRANTY -PUBLIC STREETS 3. See Standards 07.10 Final Inspection and Acceptance of Subdivision Construction and 07.16 Warranty. 01.11 CONCRETE MONUMENTS 1. Concrete monuments shall be placed in residential, convnercial, and industrial subdivisions in accordance with Detail 07.01.01. Add: 01.12 SUBMITTAL REQUIREMENTS All plan submittals shall be submitted to the Permitting Center which will route the plans to the various Departments. For first review and subsequent reviews for Site Plan and Conditional Use, Subdivision and Erosion Control Approval, submit 7 plan sets. Seated design calculations for street drainage, stormwater management facilities and erosion control shall be submitted in duplicate. ~~' For fanal approval, submit only plans applicable to the approval being requested as fol10WS: Regular City Council Meeting . July 15, 2448 Exhibit "A" Page 3 of IS City of Monroe Driveway Permit: 2 copies of the site plans plus completed permit l NCDOT Driveway Permit: 5 copies of-the site plan and a completed NCDOT Driveway Permit Application (one Original and 4 copies) Erosion and Sedimentation Control: 4 plan sets Subdivision, Roadway and Storm Drainage approval: 4 plan sets ' Note: Water and sewer system improvements are submitted directly to the Water Resources Department. One copy of the water plans and one copy of the sewer plans and profiles are to be submitted to Engineering via the Permitting Center. ~ ~ DIVISION 02.00 STREETS Add: 02.01.03A MITIGATING THE IMPACTS OF DEVELOPMENT ON SELECTED STREETS WITHIN THE CITY OF MONROE In an effort to promote public safety and to protect public investment in public streets within the City of Monroe, certain development along selected streets may be required to provide off-site roadway improvements. Such improvements may include but shall not be limited to lane widening, and providing turn lanes and acceierationldeceleration lanes. The criteria for determining where and when such improvements may be required are as follows: I 1. Streets Where Improvements May he Required: A. All major thoroughfares, as shown on the City's adopted Thoroughfare Plan. - B. All minor thoroughfares, as shown on the City's adopted Thoroughfare Plan. C- All major collector streets, as defined by staff. 2. Development Thresholds Triggering Potential Off-Site Improvements: ~'1 A. Single-family residential subdivisions consisting of morc than 75 lots. B. Two family, multi-family, and manufactured home communities consisting of more than 75 units. . C. Commerciallretail uses consisting of 25,000+ square feet of gross floor area. D. Industrial uses consisting of 50,000+ square feet of gross floor area or employing 100+ individuals. ~, E. Institutional uses, excluding residential care facilities, designed to accommodate 200+ individuals. F. Residential care facilities designed to accommodate 100+ individuals. G. All other uses projected to generate 500+ trips per day. 3. Factors Affecting the Decision to Require Off-Site Ilxlprovements: A. The desigrizs~paa~tgy o€,mdjaer~t,goadways. July 15, zoos Exhibit "A" Page 4 of 15 ' B. The latest traffic counts available on adjacent roadways with ADT exceeding 3,000 vehicles per day. C. The proximity of the proposed use to schools, playgrounds, and similar ' facilities, ' D. The proximity of the use to intersections and the capability of those j intersections to adequately deal with the projected increased traffic. E. Sight distance at all driveway entrances. F. The number and location of driveway entrances proposed_ G. The hours of operation of the proposed use. Additional Notes: . 1. The Engineering Director may require a developer to submit a traffic impact analysis as part of, or in addition to, any other information required for plan approval to determine impacts of the proposed development on existing and proposed roads. 2. Any developer may choose to submit a traffic impact analysis prepared and sealed by a professional engineer demonstrating the sufficiency of adjacent roadways to handle the increased traffic generated by'the use. 3. For those projects requesting conditional or special use permits, the City Council or Board of Adjustment, whichever approves the permit, pursuant to recommendations by Staff, shat! decide whether to require off-site transportation improvements as a condition of perrirxit approval. For those projects requesting a driveway permit from the City, but not requesting a conditional or special use permit, the City Engineer shall decide whether to require off-site transportation improvements as a condition of permit approval. An appeal from the decision of the City Engineer may be taken by the applicant to the Board of Adjustment. 02.01.05 CITY OF MONROE DRIVEWAY PERMIT AND OTHER DRIVEWAY INFORMATION 4. When the use of a property is changed or altered, a new City of Monroe Driveway Permit or NCDOT Driveway Permit must be obtained prior to the i ~ change. 02.02 DESIGN 02.02.01 GENERAL ROADWAY DESIGN CRITERIA 3. In lieu of utilizing the City of Monroe standard pavement cross-section for residential streets, and as approved by the Engineering Director, the Developer may hire a Geotechnical Engineering Firm to perform a CBR test to determine the required cross-section. 23. The Developer shall utilize the pavement design cross-sections per Details 02.0I.01-02.OI.0$ unless an alternate design is submitted that is sealed by a Professional l~i~~lcd~uaeaap~~d by the Engineering Director. July 15, 2008 Exhibit "A" Page 5 of IS 02.02.10 EXEMPTIONS FOR REQUIRED STREET IMPROVEMENTS 3. A variance from the requirements for curb and gutter and sidewalk may be approved by the Monroe City Council in the following circumstances:' Add: 4) The variance is in accordance with an approved Stormwater Management Plan where the designer demonstrates that proper runoff conveyance systems addressing erosion and long term maintenance can be provided in lieu of curb and gutter. S) The variance is required by other outside Agencies to lessen the impervious impact on environmentally sensitive areas. 02.03.05 CONSTRUCTION NOTES 7. Stone base shall be compacted to 100% of the modified proctor's (AASHTO T-180) max. dry density and proof-rolled prior to placing asphalt. 29. Accessible ramps are required per the North Carolina State Building Code, Volume 1.C, latest edition, and per Details 02.05.0]-42.45.04. 30. insulation protection shall be provided on all newly placed concrete when temperature drops below 3S degrees F for more than 6 hours within any 24 consecutive hours of the curing period. 02.03Ab ROADWAY CONSTRUCTION TOLERANCES 2. Any concrete section of sidewalk ar curb and gutter that has 3 cracks that measure less than 118" horizontal separation within any l5-foot section shall be removed and replaced. ' 3. Pavement shall be milled or removed by other appropriate method to preclude a lip greater than '/a-inch at curb Iine and to allow uniform placement of asphalt surface layer in accordance with minimum depths for ~' F asphalt construction. Add: _ 02.03.07 ROADWAY ABANDONMENT MUNICIPAL PROCEDURE FOR CONSIDERING A PETITION 1. The Technical Review Committee will consider any request for a street abandonment and report concerns to the City of Monroe Transportation Committee. The Engineering Technician shall place the request to abandon the street on the next available City of Monroe Transportation Committee agenda. ~ 2. The City of Monroe Transportation Committee will consider said request for a street abandonment and provide appropriate recommendation to City Council. The~T~~ilm~id~g,~3'a~i~ian shall place the request on the next July 15, 2068 Exhibit "A" Page 6 of l5 ,~ available City Council agenda after Section I and Section II of the petition application is completed. 3. Before abandoning any street or alley, tha State Statute 160A, Section 299 requires that: a. The City Council shall adopt a resolution declaring its intent to abandon the street or alley. b. The City Council shall call far a public hearing on the question. c. The resolution of intent shall be published once a week for four successive weeks before the public hearing takes place. d. A copy of the resolution of intent shall be sent by registered or certified mail to all property owners adjoining the street or alley as shown on the county tax records. e. The Street Closing and Public Hearing notice shall be prominently posted in at least two places along the street or alley. Generally, one sign is placed at each end of the street or alley to be closed. f. At the Public Hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual. 5. If it appears to the satisfaction of the Council after the Public Hearing that: a. Abandoning the street or alley is not contrary to the public interest. b. No individual owning property in the vicinity of the street or alley or in the subdivision in which it is Iacated would thereby be deprived of reasonable means of ingress and egress to his property. c. Then Council may adopt an order abandoning the street or alley. d. Council shall cause to be recorded the order abandoning said street or alley in the Union County Register of Deeds. 6. Upon adoption of the order abandoning the street or alley: F a. All right, title, and interest in the right-of=-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street or alley per NCGS 160A-229(c). b. Title of such adjoining landowners, for the width of the abutting land owned by them, shall extend to the centerline of the street or alley, unless altered by plat in accordance with NCGS 1d0A-299{c). c. The City shall reserve a General Public Utility Easement of sufficient width, over all utilities, which exist in the right-of--way of the street at the time of abandoning unless otherwise approved by Council. d. The City shall reserve Public Storm Drainage Easement of sufficient width, over all storm drainage ditches and structures, which exist in the right-of--way of the street at the tittle of abandoning unless otherwise approved by Council. DIVISION 03.00 EROSION AND SEDIMENTATION CONTROL Regular City Council Meeting, July 15, 2008 Exhibit "A" Page 7 of IS • 03.41.01 REQUIREMENTS Add: 5. Effort should be made not to uncover mare than 20 acres at any one time. If mare than 20 acres are to be uncovered at any one time, the plan shall contain • the following: a. The method of limiting the time of exposure and amount of exposed area to achieve the objectives of this chapter. b. A cut/fill analysis that shows where sail will be moved from one area of the tract to another as ground elevation is changed. a Construction sequence and construction phasing to justify the time and amount of exposure. d. Techniques to be used to prevent sedimentation associated with larger disturbed area. e. Additional erosion control measures, structures, and devices to prevent sedimentation. 03.01.04 CONSTRUCTION SEQUENCE 5. Clean sediment basins when half full. Check after every rain event. Maintain rain gauge and record keeping per NPDES permitting requirements. ~~ Add: 1 11. Submit Certification Form 1-07 when there is an intermediary removal of erosion control measures. 03.02.01 TEMPORARY MEASURES 1. Silt Fence shall be installed in accordance with the details at the toe of all fill slopes and any other necessary locations as directed by the City of Monroe Erosion Control Specialist. 2. Diversion Ditches shall be installed in accordance with the details at the top of cut and fill slopes and any other necessary locations as directed by the City of Monroe Erosion Control Specialist. 4. Sediment Traps or Filter Basins shall be installed in accordance with the appropriate details at all points where accumulated runoff is released to natural drainage channels, and any other necessary locations as directed by the City of Monroe. Sediment traps and basins must provide a minimum of three (3) porous baffles. Basins less than 20' in length may use two (2) baffles. The minimum sediment storage volume for sediment traps is 3600 cubic feet per acre of the disturbed area. The minimum sediment storage volume for sediment basins is 1 S00 cubic feet per acre of disturbed area. ~~ 8. 10-10-10 fertilizer shall be applied to all disturbed areas at 700-1000 lbs/acre, and mulching shall consist of small grain straw applied at a rate of 70 lbs./1000 sq. f~eegular City Council ]Meeting .lnly 15, 2008 Exhibit "A" Page 8 of 15 i 9. (Ground cover) Protective cover must be established on all disturbed areas within 21 calendar days after land disturbing activity is completed or has temporarily ceased. (Graded slopes/Fills) Protective cover must be established on all graded slopes/fill within 21 calendar days after phase of grading is completed or has temporarily ceased. Incidental grading shall not constitute substantial or significant progress in construction activity. 03.03.01 CONSTRUCTION NOTES Add: 7. Sites disturbing one acre or more are subject to requirements of NPDES General Permit NCG-00.10.000. Non-compliance of this permit will be subject to enforcement by the Division of Water Quality. DIVISION 04.00 STORM DRAINAGE COLLECTION FACILITIES 04.02.0 i DESIGN CRITERIA 1. Add: xiii. Where applicable, builder or developer shall extend storm drain pipe to the rear of the building set back line or to the edge of the buffer if building set back encroaches into the buffer. 04.02.02 HYDROLOGIC ANALYSIS 1. For drainage areas consisting of less than or equal to 200 total acres, the Engineer shall provide calculations by use of the Rational Method, NRCS Method, or method by which the Design Engineer is most familiar and can support with calculations, subject to approval by the Engineering Director. 2. For drainage areas consisting of greater than 200 total acres, the Engineer shall provide calculations by use of the NRCS Method, or method by which the engineer is most familiar, subject to approval by the Engineering Director. 04.03.02 INSPECTIONS BY DEVELOPER 2. All inspections and testing shall be in accordance with Standard 01.08 INSPECTIONS of this manual, Reference Appendix A-10 Density Test Worksheet. ~' 04.03.05 CONSTRUCTION NOTES S. All tail ditches shall have positive drainage with a minimum 1.0% slope. Elevations shall be field verified prior to installing storm drain pipes. DIVISION 05,00 STORMWATER CONTROL STRUCTURES Regular City Council Meetiug duly 15, 2008 Exhibit "A" Page 9 of 15 ~` O5.p1.Ol GENERAL NOTES I. Stormwater Management practices shall be utilized in accordance with Chapter 159 Stormwater Management Ordinance of the City Cade. 05.01.02 EXEMPTIONS 1. Certain activities are exempt from this division in accordance with the requirements of Chapter 159 Stormwater Management Ordinance of the City Code. 05.01.04 STORMWATER MANAGEMENT FLAN REQUIREMENTS 3. iv. Note the maximum amount of built-upon area per allowable percentage if applicable; 05.03 STREAM PROTECTION AND BUFFER ZONES 1. Perennial streams within a designated water supply watershed may not be channelized or piped, except as approved by the City of Monroe in accordance with Chapter l 59 of the Stormwater Management Ordinance. 3. Buffer zones and widths shall be in accordance with Chapter 159, the Stormwater Management Ordinance. DIVISION 0'].00 PERMITS, CHECKLISTS, AND FORMS 07.01 PERMIT CONTACT INFORMATION Add: 9. North Carolina Department of Environment and Natural Resources 401 Permit -Mooresville Regional Office Mooresville Regional Office 6I0 East Center Avenue Mooresville, NC 28115 (Courier 09-08-06) Phone: (704} 663-1699 Fax: (704} 663-6040 14. Army Carp of Engineers Wetlands Permit Wilmington District USAED, Wilmington 69 Darlington Avenue Wilmington, NC 28403 Phone: (910} 251-4625 Regular City Council Meeting July 15, 2DD8 Exhibit "A" Page 10 of 15 Asheville Regulatory Field Office US Army Corp of Engineers 1 S 1 Patton Avenue, Room 208 _ Asheville, NC 28801 Phone: (828) 271-7980 Fax: (828) 281-8120 ' 07.02.01 DEVELOPMENT REVIEW & PROCEDURE CHECKLIST FOR SUBDIVISIONS Submi# 7 copies of a sketch plan for review along with a completed subdivision plat checklist to the Department of Planning and Development. i I Submit 7 (sets) construction plans (civil drawings), Erosion Control application, checklist, and fee to the City of Monroe Permitting Departnnent. ~` - Sketch Plan is reviewed and discussed at the Technical Review Colnmittee (TRC} rrleeting (contact 704-282-4520 for current schedule). Add: 07.02.02 CITY OF MONROE SITE PLAN AND CONDITIONAL USE REVIEW REQUIREMENTS 07.04 STORM WATER MAINTENANCE AGREEMENT 07.06.02 EROSION CONTROL PLAN CHECKLIST Add: 07AS.03 STORMWATER CHECKLIST 07.07 DRIVEWAY PERMIT Driveways aze to be paved in accordance with Chapter 155.1$8(F) of the City of Monroe Code of Ordinances. 07.08 CERTIFiCATiON FORMS Table Q7-O1 n Certification No. Descriptipn Notarization Re aired 1-Ol Prim Erosion Control Ins ection Form No 1-02 Intermittent Subdivision Construction Form Yes 1-03 Final Subdivision Construction Form Yes 1-04 Final Watershed Pond Construction Form Yes 1-OS Re-Ins ection Form No 1-05 Final Erosion Control Acce tance Form No 1-07 Intermedi Erosion Control Acce tance Farm No Certification Form 1-01 Regular City Council 1Vleeting July 15,2008 Exhibit "A" Page 11 of 15 Changed Acceptance signature line to read as follows: {Erosion Control Specialist Signature} Certification Forms 1-03, 1-04, 1-OS and 1-06 Added: (Project Engineer SEAL) Add: Certification Form I -07 07.09 CONSTRUCTION CHECKLIST Contact the Erosion Control Specialist within 48 hours following installation of erosion control devices to schedule primary erosion control inspection. Submit completed Certification Form 1-01 to the Erosion Control Specialist. Install storm drainage system pipes, ditches, swales, and structures per approved plans. Break off pipes flush with the wall of all sanitary and storm sewer structures, and grout and trowel smooth the inside walls, Prior to curb and gutter installation, contact the City of Monroe Energy Services Department (for gas and electric), Telephone, and Cable Companies for utility service installation and for locations to place sleeveslconduit under the proposed ' curb line. Contact the Construction Inspector 24 hours in advance to schedule a proof roll for the constructed roadway stone base material. 07.10 FINAL INSPECTION AND ACCEPTANCE OF SUBDIVISION CONSTRUCTION 2. The Developer, his Agent and the Contractor are responsible for utilizing the Post- Construction Checklist to generate the punch list for this project. The City of Monroe may generate a punch list for additional items not contained in the Post- Construction Checklist as well as prepaze the Certificate Form 1-OS. 07.11 POST -CONSTRUCTION CHECKLIST All sidewalks are placed at proper alignment and grade with proper expansion joint material and contraction joints placed at the correct locations per the plans and/or Standard Detail 02.03.01. 4. The City of Monroe may generate a Punch List for additional items not listed on this Checklist as well as prepare Certificate Form 1-05. Regular City Council Meeting July 15, 20U8 Exhibit "A" Page 12 of 15 7. In the event a re-inspection is required, submit Certification Form 1-05 to the ' Construction Inspector. A re-inspection will not be scheduled until the required fees are paid in full. 8. After the City has approved all checked items in this standazd and any punch list items that may have been generated, submit Certification FornY 1-46 to the Construction Inspector for authorization to remove alI Temporary Erasion Control Measures. 1 07.12 WATERSHED POST-CONSTRUCTION CHECKLIST FOR RETENTION AND DETENTION PONDS The pond.is at the permanent pool elevation and functioning without leakage, ,~ The Certification Letter and As-Built survey from the Professional of Record is attached. Certification Form 1-04 has been submitted and accepted. 07.14 CONCRETE MONUMENT REPORT FORM 07.15 PERMIT TO OPEN CUT UTILITY TRENCHES CITY MAINTAINED STREET RIGHT OF WAY PERMIT TO OPEN CUT UTILITY TRENCHES SPECIAL PROVISIONS 10. OPEN CUT IS TO BE PATCHED WITH: ~ 2" TYPE "S-9,S" ASPHALT SURFACE COURSE $" TYPE "B25.0"ASPHALT BASE COURSE 15. (A) UNLESS OTHERWISE DIRECTED BY THE CITY ENGINEERING DEPARTMENT, ALL MATERIAL FROM THE BOTTOM OF THE TRENCH TO WITHIN TWELVE (12) INCHES OF THE SUBGRADE SHALL BE 95% MAXIMUM DENSITY OF STANDARD PROCTOR. {B) ALL MATERIAL WITHIN TWELVE (l2) INCHES OF THE SUBGRADE LEVEL SHALL BE 140% MAXIMUM ~ DENSITY OF STANDARD PROCTOR. 07.16 WARRANTY Whereas Chapter 154 § 154.60 of the Monroe Code of Ordinances provides that prior to said approval and/or acceptance of improvements the subdivider shall furnish to the City a written warranty against defects which shall guarantee the material and workmanship in said subdivision for a period of not less than twelve (12) months from the date of such acceptance; i Add: 07.18 DENSITY TEST WORKSHEET DIVISION 08.00 ROADWAY/STORM DRAINAGE DETAILS Regular City Council Meeting July 15, 2D08 Exhibit "A" Page 13 of 15 Revise/Replace: Detail 02.01.01 ~1 Detai102.01.02 Detail 02.0 l A3A Detai142.01.03 B Detail 02.01.04A Detail 02.0 l A4B Detai142 A 1.05 Detail 02.01.06 Detail 02.01.07 Detail 02.01.08 Detail 02.01.09 Detail 02.01.10 Detai102.01.12 Detail 02.01.13 Add: Detail 02.01.14 Detail 02.01.15 Local Residential Street for 45' R/W Residential Street with Ditches for 50' R/W Residential Street with Street Trees far SO' R1W (1 of 2} Residential Street with Street Trees for 50' R/W Plan View (2 of 2) Residential Collector Street with Street Trees for 60' R/W (1 of 2} Residential Collector Street with Street Trees for 60' R/W Plan View (2 of 2) Residential Street without Street Trees for 50' R/W Collector/CommerciaUlndustrial Street for 60' RIW Collector/ComrnerciaUIndustrial with Street Trees for 60' RIW Residential Cul-de-sac Commercial CuI-de-sac Sight Triangles Street Name Sign Installation Locations Residential Street Pavement Structure Street Connection with Curb and Gutter Valley Curb "T" Turnaround Temporary i Revise/Replace: Detail 02.02.06 Catch Basin Frame in Valley Gutter Detail 02.02.07 Curb Transition 2'-6" Curb and Gutter to 1'-6" Curb and Gutter Detail D2.03.01 Concrete Sidewalks ` Detail 02.03.02 Monolithic Curb and Sidewalk Detail ~ Detail 02.04.03 Residential Driveway far Valley Gutter Detail D2.05.01 A Accessibility Ramp (1 of 5) Detail D2.OSA1B Accessibility Ramp 2'-0" Valley Gutter (2 of 5) Detail 02.05.02 Accessibility Ramp (3 of 5) j Add: ~ Detail 02.08.01 Speed Cushion Revise/Replace: Detai103.01.01 Silt Fence Installation Detail 03.43.01 Temporary Sediment Trap Detail 03.05.01 Rip Rap Apron far F.E.S. Detail 03.08.01 Sediment Basin Add: Detail 03.48.02 Skimmer Sediment Basin Revise/Replace: Detail 03.09.01 Flexible Pipe Slape Drain Delete: Detail 43.11.01 Silt Fence Storm Inlet Sediment Trap Regular City Council Meeting July 15, 200$ Exhibit "A" Page 14 0l' IS i Revise/Replace: Detail 03.12A1 Temporary Rock Check Dam Delete: Detail 03.13.01 Gravel & Rip Rap Filter Basin {1 of 2} Revise/Repiace: Detai103.13.02 Baffle Installation Add: Detail 03.17.01 Detail p3.18.01 Detai103.19.0 l Detai103.20.01 Detai103.21.01 Detail 43.22.01 Level Spreader Hardware Cloth and Gravel Inlet Protection Rock Doughnut Inlet Protection {Temporary) Rock Pipe Inlet Protection (Temporary) Skimmer Stream Crossing (Temporary} Revise/Replace: Detai104.41.03 Slab Type Catch Basin 15" Thru 48" Pipe Detail 04.01.04 Brick Double Catch Basin 15" Thru 24" Pipe Detai104.01.05 Brick Double Catch Basin 30" Thru 36" Pipe (1 of 2) Detail 04.01 A7 Brick Junction Box 42" Thru 66" Pipe Detail 04.01.08 Brick Drop Inlet Detai104.01.09 Block Manhole 1 S" Thal 36" Pipe Add: Detai145.41.02 Best Management Practices Wet Pond Details Revise/Replace: Detai107.01.01 Concrete Monuments Adopted this 15'h day of July, 2008. I Attest: Bob y .Kilgore, Mayor y~ Bri ette H. Robinsan, City Clerk ~y ~F Mp~~® V ~ 18 ,' ~ Regular City Couucil Meeting Jufy 15, 2pU8 Exhibit "A" Page 15 of 15 Monroe, NC 15th day of July, 2008 PROMISSORY NOTE FOR STORMWATER IMPROVEMENTS $><so,ooo WHEREAS, the City of Monroe operates an electric utility enterprise through an enterprise fund which is maintained separate from the City of Monroe general fund; and WHEREAS, the Monroe City Council has adapted a stormwater Utility Fee to make certain stormwater improvements in the City of Monroe and meet the NPDES, Phase II Permit requirements; and WHEREAS, in order to initiate implementation of the City's stormwater Utility, City Council authorized the expenditure of funds to acquire equipment and employ staff to carry out the program; and WHEREAS, North Carolina General Statute Section I60A-311{10) authorizes municipalities to operate stormwater utilities as a public enterprise; and WHEREAS, as part of establishing its stormwater Utility, City Council adopted and approved a stormwater utility fee to be assessed against properties in the City which will be used to pay for stormwater Utility improvements and meet the NPDES, Phase II Permit requfrements; and WHEREAS, funds generated by the stormwater Utility Fee collected by the City will be used to repay the Electric Fund moneys borrowed to implement the stormwater Utility program pursuant to this Promissory Note. NOW THEREFORE, FOR VALUE RECEIVED, the City of Monroe does hereby promise to pay from the City of Monroe General Fund to the City of Monroe Electric Utility Enterprise Fund, or order, the principal sum of $184,000, on the 15th day of July, 2008, with interest on the entire principal sum from the date hereof at the rate of '~ three and nineteen one hundreds percent (3.19%) per annum until paid. Said principal and interest shall be due and payable in five (5) equal annual installments of thirty-nine thousand five hundred and seventeen dollars and 291100 ($39,517.29) due by July 1 of each year until paid in full with the first annual payment occurring July 1, 2009. Payment shall be made in lawful money of the United States of America, at the office of City of Monroe Finance Director or at such other place as the holder of this Note may direct in writing. This Note may be prepaid in full or in part at any time without penalty or i ~ premium. Partial prepayments shall be applied first to payment of accrued interest then due on the unpaid principal balance, with the remainder applied to unpaid principal. Regular City Council Meeting Jnly 15, aaas Exhibii "1~" Page 1 of 2 All parties to this Note, including the makers and any sureties, endorsers, or ~~ guarantors, hereby severally waive protest, presentment, notice of dishonor, and notice of acceleration of maturity and agree to continue to remain bound for the payment of principal, interest, and all other sums due under this Note notwithstanding any change or changes by way of release, surrender, exchange, modification, or substitution of any security for this Nate ar by way of any extension or extensions of time for the payment of principal and interest; and all such parties waive alI and every kind of notice of such change or changes and agree that the same may be made without notice or consent of any of them. This Note shall be governed by, and construed in accordance with, the laws of the State of North Carolina. This Note is unsecured. IN WITNESS WHEREOF, each maker has hereunto set his hand and adopted as his seal the word "SEAL" appearing beside his name, the day and year first above written. Attest: _ ~ Bobby G. jlgore, Mayor f~~ s ~i~L ~6~1 y~SOVI Bri ette H. Rob> son, ,ity Clerk C1 ~ _ _ ~;A'F~ Regular City Council Meeting July 15, 2068 Exhibit "R" Page 2 of 2