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09/02/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 SEPTEMBER 2, 2008 - fr:30 P.M. AGENDA www.monroenc.or>? Recognitions A. Promotion of Officer Cristobal Carrion to Police Officer II B. Promotion of Officer Dennis Lamar Nash to Master Police Officer II C. Promotion of Officer John Phifer Rogers, IV to Master Police Officer II 2. City Manager Comments A. Monroe High School Dedication B. Walter Bickett Stadium Renovations C. Golf Course D. North Carolina Turnpike Authority E. Industry Appreciation Week F. Patriot Day Ceremony and Firefighter Memorial Dedication G. Old Armory Update H. Winchester Area I. Emergency Preparedness Update J. Presentation from Code Enforcement Officer III -Frank Bellini CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non-controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen. The Consent Agenda contains the following items: 3. Approval/Acceptance of Minutes A. Minutes of Regular City Council Meeting of August 19, 2008 B. Minutes of Downtown Advisory Board Meeting of June 24, 2008 C. Minutes of the Citizens Appointment Committee Meeting of Apri121, 2008 D. Minutes of Community Development Committee Meeting of March 19, 2008 E. Minutes of Environment and Water Resources Committee Meeting of April 15, 2008 F. Minutes of Transportation Committee Meeting of May 5, 2008 G. Minutes of Historic District Commission Meeting of July 14, 2008 H. Minutes of the Union County Historic Preservation Commission Meeting of August 5, 2008 were received as information by Council. 4. Ordinances A. Amending Traffic Code -Chapter 75 -Traffic Schedules -Speed Limits B. Amending Traffic Code -Chapter 75 -Traffic Schedules -Through Trucks Regular City Council Meeting September 2, 2008 Page 102 5. Resolution Authorizing Release of Easement in Route of Natural Gas North Loop Project 6. Rescind Budget Amendment BA-2008-30 for Southern Cross Ranch Hangar Termination Agreement 7. Budget Ordinance Amendment for Realignment of Concord Avenue with Charlotte Avenue 8. Proclamations A. Industry Appreciation Week B. 2008 Economic Development Ambassador - Mr. Tom Williams C. 2008 Monroe Circle of Champions - Mr. Allen Tate D. 2008 Monroe Circle of Champions - Mr. Bill Williams 9. Call for Public Hearing to be held September 16, 2008 -Zoning Text Amendment Request to Amend the Unified Development Ordinance to Add a Flood Damage Prevention Section to the Unified Development Ordinance 10. Approval of "Music on Main" in Conjunction with 2008 Cycle North Carolina Scheduled for October 1, 2008 11. Approval of "Movie on the Plaza" in Conjunction with Warrior & Warbirds Air Show Scheduled for November 7, 2008 12. Waiver of Permit Fees for Hospice of Union County, Inc. 13. Utilities Compensation for Turning Point REGULAR AGENDA Public Hearings -Please adhere to the following guidelines: ~~ • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; ~ Designate a spokesperson for large groups. 14. Zoning Map Amendment Request by Michael and Sandra Shackelford for the Property Located at 1815 Morgan Mill Road from GI (General Industrial) to Conditional District "S & S Maintenance" A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Plan Compliance -Conditional District "S & S Maintenance" 15. Building Usage Guidelines and Fee Changes for Monroe Country Club Ballroom Regular City Council Meeting September 2, 2008 Page 103 16. Solid Waste Fuel Recovery Fee 17. Update on Downtown Monroe 18. Public Comment Period 19. Closed Session Pursuant to N.C.G.S. 143-318.11(a)(3) -Polk vs. Kane and City of Monroe andN.C.G.S. 143-318.11(a)(6) ~} (` Regular City Council Meeting September 2, 2008 Page 104 CITY OF MONROE REGULAR CITY COUNCIL MEETING ~'"~ SEPTEMBER 2, 2008 - 6:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on September 2, 2008 with Mayor Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah, Dottie Nash, Robert J. Smith, City Manager F. ,Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Robert Bartlett, Gail Hicks, Joe Plyler, Bryan Gilliard, Tim Griffin, David Williams, Virginia Mauney, Bengie Mullis, Chad Shoultes, Chris Carrion, Daniel Stroud, Jim Loyd, Don Donahue, Rhett Bolen, John Rogers, Julie Rogers, Mark Coan, Don Mitchell, Jason deBruyn, Tony Helms, Bruce Bounds, Jimmie Jones, Mike Courtney, Richard Price, Linda Ashendorf, David McCallister, T.J. Goforth, Debra C. Duncan, Pete Hovanec, and others. Mayor Kilgore called the Regular City Council Meeting of September 2, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognitions. A. Promotion of Officer Cristobal Carrion to Police Officer II. Police Chief Debra Duncan recognized Officer. Cristobal Carrion for receiving his Master Police Officer II advancement. B. Promotion of Officer Dennis Lamar Nash to Master Police Officer II. Police Chief Duncan recognized Officer Dennis Lamar Nash for receiving his Master Police Officer II advancement. C. Promotion of Officer John Phifer Rogers, IV to Master Police Officer II. Police Chief Duncan recognized Officer John Phifer Rogers, IV for receiving his Master Police Officer II advancement. Item No. 2. City Manager Comments. City Manager Meadows briefed Council on the following: Regular City Council Meeting September 2, 2008 Page 105 A. Monroe. High School Dedication. The dedication of the new Monroe High School stadium and athletic facility was held on August 29, 2008. Monroe now has one of the nicest high school athletic facilities in the state. B. Walter Bickett Stadium Renovations. The renovations to the Walter Bickett stadium look very nice, and are a big improvement for the community. C. Golf Course. The front nine was opened this past Friday and staff has received positive comments. D. North Carolina Turnpike Authority. The North Carolina Turnpike Authority will hold a project update meeting and public open house in the City Hall Council Chambers on September /~`~ 9 from 4:00 p.m. to 7:30 p.m. These open houses are not intended to be formal public hearings \ -' or citizens informational workshops, and there will be no formal presentations. E. Industry Appreciation Week. The 10th Annual "Hook & Slice" Industry Appreciation Golf Tournament and Banquet will be on September 11. F. Patriot Day Ceremony and Firefighter Memorial Dedication. The Patriot Day ceremony and firefighter memorial dedication will be held on September 11 at 7:00 p.m. at the Union County Historical Courthouse. Fire Chief Ron Fowler advised that while this was in conflict with the Industry Appreciation banquet, September 11 was Patriot Day and was also was the anniversary date of the September 11, 2001 event. Based on this, staff felt that September 11 was a fitting and proper date to dedicate the memorial. G. Old Armory Update. The projected opening date for the armory is November 1. City Manager Meadows recommended that Council discuss the possibility of holding an upcoming Council meeting in the renovated Old Armory. H. Winchester Area. Code Enforcement has been working in the Winchester area cleaning up ~^~, easements and citing property owners for high grass issues. l > I. Emergency Preparedness Update. Energy Services Director Don Mitchell briefed Council on the Electric Department's preparedness in light of the hurricane season and in particular, the four tropical storms in the forecast. The Electric Manager and Crew Leaders have met with staff to set in place the response plans for a major power outage, if needed. Fire Chief Fowler advised that Union County had coordinated a meeting this afternoon to ensure that the City is prepared for a possible natural disaster. Chief Fowler urged citizens to also be prepared. J. Presentation from Code Enforcement Officer III -Frank Bellini. Code Enforcement Officer Frank Bellini presented to Council a tapestry of the City seal. He advised that the Regulaz City Council Meeting September 2, 2008 Page 106 tapestry was handmade by a woman-owned business in Kabul, Afghanistan in the spring of 2008. Accompanying the tapestry was a plaque which Mr. Bellini read: To the City of Monroe Thank you for your prayers and support during my deployment to Africa, Iraq, and Afghanistan from January 2003 to July 2008. Presented to Employees By Frank Bellini MSGT, USMCR 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 all items on the Consent Agenda. Item No. 3. ApprovaVAcceptance of Minutes. A. Minutes of Regular City Council Meeting of August 19, 2008. Council Member Keziah moved to approve the Minutes of the Regular City Council Meeting of August 19, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of Downtown Advisory Board Meeting of June 24, 2008. Minutes of the Downtown Advisory Board Meeting of June 24, 2008 were received as information by Council. C. Minutes of the Citizens Appointment Committee Meeting of Apri121, 2008. Minutes of the Citizens Appointment Committee Meeting of April 21, 2008 were received as information by Council. D: Minutes of Community Development Committee Meeting of March 19, 2008. Minutes of the Community Development Committee Meeting of March 19, 2008 were received as information by Council. E. Minutes of Environment and Water Resources Committee Meeting of April 15, 2008. Minutes of the Environment and Water Resources Committee Meeting of April 15, 2008 were received as information by Council. Regular City Council Meeting September 2, 2008 Page 107 F. Minutes of Transportation Committee Meeting of May 5, 2008. Minutes of the Transportation Committee Meeting of May 5, 2008 were received as information by Council. G. Minutes of Historic District Commission Meeting of July 14, 2008. Minutes of the Historic District Commission Meeting of July 14, 2008 were received as information by Council. H. Minutes of Union County Historic Preservation Commission Meeting of August 5, 2008. Minutes of the Union County Historic Preservation Commission Meeting of August 5, 2008 were received as information by Council. Item No. 4. Ordinances. A. Amending Traffic Code -Chapter 75 -Traffic Schedules -Speed Limits. Engineering Director Jim Loyd advised by memorandum that on June 17, Council adopted Resolution R- 2008-48 at the request of Union County Public Schools to assume maintenance of Brewer Drive from the NC Department of Transportation. Union County Public Schools had requested the State to post the roadway at 25 mph, but was denied due to the length of the roadway. Mr. Loyd advised that with acceptance of Brewer Drive for street maintenance, the City of Monroe can post the roadway. All streets within the corporate limits are 35 mph unless otherwise posted. The State has advised that approval will be given to the maintenance request at their next Board Meeting with an effective date for City maintenance of July 1, 2008. Staff recommended that Council adopt an Ordinance reducing the speed limit on Brewer Drive from 35 mph to 25 mph. Council Member Keziah moved to adopt Ordinance 0-2008-36: ORDINANCE TO AMEND TITLE VII, CHAPTER 75: TRAFFIC SCHEDULES OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-36 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 - Traffic Schedules, of the City of Monroe Code of Ordinances be amended as follows: Schedule I. (B) Speed Limits -City Maintained Streets ADD: STREET NAME DESCRIPTION SPEED LIMIT Brewer Drive From Lancaster Avenue to End 25 MPH Adopted this 2"d day of September, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting September 2, 2008 Page 108 B. Amending Traffic Code -Chanter 75 -Traffic Schedules -Through Trucks. Engineering Director Loyd advised by memorandum that at the Transportation Committee meeting on August 11, the committee discussed truck traffic on Fowler Secrest Road which is posted "No Through Trucks." The Committee felt that truck traffic traveling on John Moore Road from Old Charlotte Highway across the intersection at US Highway 74 was contributing to trucks using Fowler Secrest Road. Therefore, the Transportation Committee requested staff bring forward an Ordinance designating John Moore as "No Through Trucks." Staff also requests to have the title of "Schedule VII. Through Trucks" amended to include the word "No" to avoid any confusion regarding the purpose of the schedule. The amended title should read "Schedule VII. No Through Trucks." Staff recommended that Council adopt an Ordinance designating John Moore Road as "No Through Trucks" and amending Schedule VII. Through Trucks to read "No Through Trucks." Council Member Keziah moved to adopt Ordinance 0-2008-35: ORDINANCE TO AMEND TITLE VII, CHAPTER 75: TRAFFIC SCHEDULES OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-35 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 - Traffic Schedules, of the City of Monroe Code of Ordinances be amended as follows: Schedule VII. Through Trucks RENAME TO: Schedule VII. No Through Trucks ADD: No Through Trucks are permitted at the following location: STREET NAME DESCRIPTION From To John Moore Road US Highwa 74 Old Charlotte Hi hway Adopted this 2"d day of September, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Resolution Authorizing Release of Easement in Route of Natural Gas North Loop Project. Energy Services Director Mitchell advised by memorandum that Council previously approved the Natural Gas North Loop Project which involves construction of ten Regulaz City Council Meeting September 2, 2008 Page 109 miles of eight inch and 12 inch distribution pipe. The loop provides the infrastructure required to deliver from current take points to high gas demand growth areas including the Charlotte- Monroe Executive Airport area. Mr. Mitchell advised that for the most part, the project is being built on private easements. He reported that an existing easement of Baucom Deese Road obtained in 1998 to provide gas service to a minor subdivision was planned to be used for approximately 1,200 feet of the North Loop. Owners of nine parcels asked the City to consider acceptance of new easements on each of those properties in exchange for retirement of the existing easement. Mr. Mitchell advised that the owners identified improved value potential for the properties as the primary objective. For the City, the corridor created by the collection of new easements provides completeness needed for the North Loop Project and has minimal impact. Staff recommended that Council adopt a Resolution approving the release of easement in exchange for granted new easements on nine parcels. Council Member Keziah moved to adopt Resolution R-2008-88: RESOLUTION AUTHORIZING RELEASE OF EASEMENT IN ROUTE OF NATURAL GAS NORTH LOOP PROJECT GIVEN NEWLY GRANTED EASEMENTS OVER CERTAIN PROPERTY OF LEROY J. PITTMAN AND PATRICIA D. PITTMAN; STERLING TRUST COMPANY; WALLACE L. CURRIN AND PATTY R. CURRIN; KARON H. WILLIAMS AND DANA WILLIAMS (2 PROPERTIES); BARRY A. HELMS AND CAROLYN M. HELMS; LUCILLE G. DEESE; CINDY E. HAIGLER; AND HAYNE LEROY HAIGLER AND CINDY HAIGLER R-2008-88 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to utilize a natural gas distribution easement, EXISTING EASEMENT, documented in a Record Plat dated January 7, 1998 originally obtained to serve a Minor Subdivision of Ruth O. Helms Heirs Property, as recorded in Cabinet F, File 523, 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 lines and related facilities over the properties hereinafter described to provide service to the Natural Gas System, as authorized by North Carolina General Statutes Article 16 of Chapter160A to operate certain public enterprises including natural gas production, storage, transmission and distribution systems; and WHEREAS, Leroy J. Pittman and Patricia D. Pittman of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agree to grant and convey to the City of Monroe, and its successors and assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of Grantor's property, Parcel Number 09174012B, duly recorded in the Office of the Register of Deeds for Union County in Deed book 4486, Page -799, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel AA incorporated herein by reference; and WHEREAS, Sterling Trust Company of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agrees to grant and convey to the City of Monroe, and its successors and assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of Regular City Council Meeting September 2, 2008 Page 110 Grantor's property, Parcel Number 09174006L, duly recorded in the Office of the Register of Deeds for Union County in Deed book 3592, Page 330, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel A incorporated herein by reference; and WHEREAS, Wallace L. Currin and Patty R. Currin of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agree to grant and convey to the City of Monroe, and its successors and assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of Grantor's property, Parcel Number 091740120, duly recorded in the Office of the Register of Deeds for Union County in Deed book 369, Page 407, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel C incorporated herein by reference; and WHEREAS, Karon H. Williams and Dana Williams of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agree to grant and convey to the City of Monroe, and its successors and assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of Grantor's property, Parcel Number 091740130, duly recorded in the Office of the Register of Deeds for Union County in Deed book 4558, Page 275, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel D incorporated herein by reference; and WHEREAS, Karon H. Williams and Dana Williams of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agree to grant and convey to the City of Monroe, and its successors and assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of Grantor's property, Parcel Number 091740136, duly recorded in the Office of the Register of Deeds for Union County in Deed book 4558, Page 275, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel E incorporated herein by reference; and WHEREAS, Barry A. Helms and Carolyn M. Helms of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agree to grant and convey to the City of Monroe and its successors and assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of Grantor's property, Parcel Number 09174013H, duly recorded in the Office of the Register of Deeds for Union County in Deed book 1340, Page 662, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel F incorporated herein by reference; and WHEREAS, Lucille G. Deese of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agrees to grant and convey to the City of Monroe, and its successors and /~, assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of t ~ Grantor's property, Parcel Number 091740066, duly recorded in the Office of the Register of Deeds for Union County in Deed book 296, Page 291, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel V incorporated herein by reference; and WHEREAS, Cindy E. Haigler of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agrees to grant and convey to the City of Monroe, and its successors and assigns the perpetual right, privilege and easement to go in and upon property, as shown on map of Grantor's property, Parcel Number 09174011B, duly recorded in the Office of the Register of Deeds for Union County in Deed book 889, Page 122, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel VJ incorporated herein by reference; and WHEREAS, Hayne Leroy Haigler and Cindy Haigler of Union County, NC, Grantor(s), in exchange for release of EXISTING EASEMENT, agree to grant and convey to the City of Monroe, and its successors and assigns the perpetual right, privilege and easement to go in and upon property, Regulaz City Council Meeting September 2, 2008 Page 111 as shown on map of Grantor's property, Parcel Number 09174011A, duly recorded in the Office of the Register of Deeds for Union County in Deed book 660, Page 449, the particular description of the easement is shown on a map attached hereto as Exhibit "A", Proj Parcel X incorporated herein by reference; and WHEREAS, the composite of the easements being granted provides the City of Monroe essentially an equivalent path for the construction of gas pipeline(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: A. The EXISTING EASEMENT is hereby released. /~'~ B. The City of Monroe hereby accepts the several easements offered by the Owners. Adopted this 2"d day of September, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~`'~ Item No. 6. Rescind Budget Amendment BA-2008-30 for Southern Cross Ranch Hangar 1 Termination Agreement. Economic Development and Aviation Director Chris Plate advised by memorandum that on August 19, Council adopted Budget Amendment BA-2008-30 which appropriated $570,000 as part of the terms of the Termination Agreement between the City of Monroe and Southern Cross Ranch, LLC for asset acquisition. These funds were allocated from the General Fund. Mr. Plate advised that the loan was not needed because the bond proceeds were previously appropriated for airport projects under Budget Ordinance BO-2008-08. Staff recommended that Council rescind Budget Amendment BA-2008-30. Council Member Keziah moved to rescind Budget Amendment BA-2008-30. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 7. BudEet Ordinance Amendment for Realignment of Concord Avenue with Charlotte Avenue. Engineering Director Loyd advised by memorandum that the City entered into a Municipal Agreement with the NC Department of Transportation dated December 1, 2004 for constructing athree-lane section along Charlotte Avenue (SR 1009) from Allen Street to Concord Avenue. Due to concerns expressed by citizens during the design of the improvements and at the direction of the Transportation Committee, staff developed another option which involves the re-alignment of Concord Avenue with Charlotte Avenue. The proposal was first presented to the Transportation Committee on June 5, 2006, and to the NCDOT in January 2007. Regulaz City Council Meeting September 2, 2008 Page 112 Mr. Loyd advised that pursuant to the NCDOT meeting, the Transportation Committee directed staff on February 5, 2007 to move forward with the re-alignment of Concord Avenue. The Engineering Department contracted with Kimley-Horn & Associates to provide a Transportation Evaluation of the proposed improvements to the Charlotte Avenue intersection with Concord Avenue and Walnut Street. The final Planning Report was submitted by Kimley-Horn in September 2007 and provided intersection capacity analysis, an evaluation of potential traffic impacts, and recommendations for needed roadway and operational improvements to accommodate the proposed plan. Mr. Loyd advised that this report was submitted to the Transportation Committee on January 7, 2008, as the Engineering Department requested guidance on how to proceed. The consensus from the Transportation Committee was to move forward with the project by looking at possible funding sources including Federal grants for the improvements. He advised that the updated estimate for the re-alignment of Concord Avenue with Charlotte Avenue is approximately $2,119,000. Mr. Loyd stated that in February 2008, the City Attorney advised that Council was interested in moving ahead with the project and acquiring the right-of--way for the improvements. Staff initially contacted aCharlotte-based firm for a proposal to prepare the design drawings which would define easements and right-of--way required for the improvements. After negotiations fell through, Eagle Engineering, LLC of Indian Trail was contacted. The estimated design fees for the improvements, including signal design and one public meeting, is $106,700. The proposal was reviewed by the Transportation Committee on August 11, 2008 and was recommended for approval by City Council. Mr. Loyd advised that the original Municipal Agreement to widen Charlotte Avenue was for a project estimated at $203,000 which provided for the NCDOT to participate up to $148,000 for construction with the remaining $55,000 being the responsibility of the City. By agreement, the design, right-of--way, utility adjustments, and construction management, as well as any construction overage above the $148,000, would be the responsibility of the City. Of the original $55,000 project funds established as the City's share, $34,150 remains available. With design costs for the re-alignment at $106,700, $83,220(which includes a 10% contingency in additional funds) is requested to keep the project moving forward. Right-of--way and utility adjustment costs are estimated at approximately $789,000. Staff recommended that Council adopt a Budget Ordinance Amendment increasing the project budget by $83,220 for the design work, and authorize the City Manager to enter into an agreement with Eagle Engineering, LLC of Indian Trail for the design of the improvements. Council Member Keziah moved to adopt Budget Ordinance BO-2008-15: CAPITAL PROJECT BUDGET ORDINANCE AMENDMENT CHARLOTTE AVENUE PROJECT AT CONCORD AVENUE BO-2008-15 WHEREAS, the City of Monroe has a commitment to improving the roadway and transportation network within the Corporate Limits; and Regular City Council Meeting September 2, 2008 Page 113 WHEREAS, the City of Monroe entered into a Municipal Agreement on December 1, 2004 to widen Charlotte Avenue (SR 1009) from Concord Avenue to Allen Street to improve the roadway to a three-lane facility estimated at $203,000 with the State being responsible for $148,000 in construction costs and the City being responsible for the remaining $55,000 plus design, utility adjustments, right of way acquisition and project management; and WHEREAS, due to concerns expressed by citizens during the design of the improvements, City Council is considering an option to re-align Concord Avenue with Charlotte Avenue estimated at $2,119,000; and WHEREAS, Staff has obtained a proposal in the amount of $106,700 for the design of the improvements by Eagle Engineering, LLC of Indian Trail; and WHEREAS, the Engineering Department requests additional funds in the amount of $83,220 be {~ appropriated from the General Fund Unappropriated Fund Balance in order to accomplish the design t work. NOW, THEREFORE, BE IT ORDAINED that the City Council hereby amends the Charlotte Avenue Widening Project Capital Project Fund and appropriates the following revenues and expenditures: Revenues: Transfer from General Fund $138,220 Restricted Intergovernmental $148,000 Expenditures Improvement Costs $286,220 BE IT FURTHER ORDIANED that an amendment to the General Fund Budget for FY 2008-09 is approved to appropriate additional Fund Balance to transfer $83,220 to the Charlotte Avenue Widening Capital Project. Adopted this 2°d day of September, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 8. Proclamations. A. Industry Appreciation Week. Council Member Keziah moved to adopt Proclamation P- 2008-19: PROCLAMATION INDUSTRY APPRECIATION WEEK P-2008-19 Regular City Council Meeting September 2, 2008 Page 114 WHEREAS, industries in the City of Monroe are vital to our community's and state's economic health; and WHEREAS, the City of Monroe's existing industries are producing some of the highest quality products sold throughout the state, nation, and world; and WHEREAS, the citizens of Monroe manufacture these products; and WHEREAS, the City of Monroe's existing industries are leaders in continuing economic development for the City and help sustain our high quality of life. NOW, THEREFORE, I Bobby G. Kilgore, Mayor of the City of Monroe do hereby proclaim September 8 - 12, 2008 as: ~~ "INDUSTRY APPRECIATION WEEK" in the City of Monroe and call upon all citizens to salute our industries and their employees for their many contributions to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the City of Monroe this the 2"d day of September, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. 2008 Economic Development Ambassador - Mr. Tom Williams. Economic Development and Aviation Director Plate advised by memorandum that the Economic Development Ambassador award was created for the purpose of showing public appreciation for the effort of industry leaders that are in the forefront of selling and representing the City of Monroe in a positive light to the community, co-workers, business associates and industrial prospects throughout the previous years. Mr. Plate advised that this award was created by Monroe's Economic Development Commission and City Council in 1999 and named Jeanne Corwin, CEO of Coresco, Inc. as the Inaugural Ambassador. Since then, the award has become known by the industry leaders and recognized as a prestigious honor. He advised that as the program continues, staff saw the trend of community promotion continuing and industry leaders striving to bring their corporate friends and associates to Monroe. Mr. Plate advised that Mr. Tom Williams has been an advocate for Monroe for many years and through his involvement, the community has been improved in so many ways. Mr. Williams has been directly involved in the successful recruitment of industry to the area, including Turbomeca Manufacturing. Mr. Plate advised that his nomination was unanimously submitted by the members of the Monroe Economic Development Commission to represent Monroe as the "2008 Economic Development Ambassador." Regular City Council Meeting September 2, 2008 Page 115 Staff and the Economic Development Commission recommended that Council adopt a Proclamation naming Tom Williams, formerly of ATI Allvac, as the "2008 Economic Development Ambassador." He will be recognized at the 10th Annual Industry Appreciation Day Banquet, to be held at Monroe Country Club on September 11. Council Member Keziah moved to adopt Proclamation P-2008-20: PROCLAMATION OF THE MONROE CITY COUNCIL FOR THE 2008 ECONOMIC DEVELOPMENT AMBASSADOR P-2008-20 WHEREAS, industries in the City of Monroe are vital to our community's and state's economic health; and WHEREAS, the City of Monroe's Economic Development Commission is actively recruiting new industry and facilitating existing industry expansions; and WHEREAS, the existing industry leaders are essential in this economic development process and the improvement of our quality of life; and WHEREAS, each year an existing industry leader shall be selected as an Economic Development Ambassador to the City of Monroe. NOW, THEREFORE, I Bobby G. Kilgore, Mayor of the City of Monroe do hereby proclaim that Mr. Tom Williams formerly, of ATI Allvac is the "2008 ECONOMIC DEVELOPMENT AMBASSADOR" for the City of Monroe and call upon all citizens to salute our Ambassador for his many contributions to our community's economic development efforts. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the City of Monroe this the 2"a day of September, 2008. Presented September 11, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. 2008 Monroe Circle of Champions - Mr. Allen Tate. Council Member Keziah moved to adopt Proclamation P-2008-21: i PROCLAMATION OF THE MONROE CITY COUNCIL FOR DESIGNATION OF THE 2008 MEMBER OF THE MONROE CII2CLE OF CHAMPIONS P-2008-21 Regular City Council Meeting September 2, 2008 Page 116 WHEREAS, the City of Monroe is a part of the greater Charlotte Region and a vital community to our state's economic health; and WHEREAS,. the City of Monroe's Economic Development Commission seeks to recruit new industries and strengthen our existing industries with assets that allow them to be globally competitive; and WHEREAS, the City of Monroe must have allies in the development of assets toward apro- business attitude, quality of life environment, and accessibility infrastructure essential in this economic development process; and WHEREAS, the City of Monroe has created a circle of honor for those individuals that reside outside the City limits, but have been a Champion for our community's needs; and ~~ WHEREAS, each year a community advocate will be considered for this exalted recognition by the City of Monroe. NOW, THEREFORE, I Bobby G. Kilgore, Mayor of the City of Monroe do hereby proclaim that Mr. Allen Tate, of the Allen Tate Companies as an inaugural member of the i "MONROE CIRCLE OF CHAMPIONS" I for the City of Monroe and call upon all citizens to salute our Champion for his many contributions to the betterment of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the City of Monroe this the 2°d day of September, 2008. Presented on September 11, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None i D. 2008 Monroe Circle of Champions - Mr. Bill Williams. ~ Council Member Keziah moved to adopt Proclamation P-2008-22: PROCLAMATION OF THE MONROE CITY COUNCIL FOR DESIGNATION OF THE '; 2008 MEMBER OF THE MONROE CIRCLE OF CHAMPIONS P-2008-22 WHEREAS, the City of Monroe is a part of the greater Charlotte Region and a vital community to our state's economic health; and WHEREAS, the City of Monroe's Economic Development Commission seeks to recruit new industries and strengthen our existing industries with assets that allow them to be globally competitive; and Regular City Council Meeting September 2, 2008 Page 117 WHEREAS, the City of Monroe must have allies in the business attitude, quality of life environment, and accessi economic development process; and WHEREAS, the City of Monroe has created a circle of outside the City limits, but have been a Champion for our court WHEREAS, each year a community advocate will be the City of Monroe. ~pment of assets toward apro- infrastructure essential in this for those individuals that reside 's needs; and for this exalted recognition by NOW, THEREFORE, I Bobby G. Kilgore, Mayor of the City of Monroe do hereby proclaim that Mr. Bill Williams, of the NC Department of Transportation - Di ision of Aviation as an inaugural member of the "MONROE CIRCLE OF for the City of Monroe and call upon all citizens to salute our the betterment of our community. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the City of Monroe this the 2°d day of September, 2008. Presented on September 11, 2008. <` Council Member Smith seconded the motion, which passed votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore I.TA ~T(9_ l.T_.__ ' with the following ance to Add a Flood Council Member Keziah moved to call for a public hearing to be held on September 16, 2008 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 10. Annroval of "Music on Main" in Coniunction with 2008 Cvcle North Carolina Scheduled for October 1, 2008. Downtown Director Brian Borne advised by memorandum that Cycle North Carolina was an annual bicycle ride from the mountains to the coast. The 2008 ride visits the towns of Black Mountain, Morganton, Lincolnton, Concord, Wingate (Monroe), Laurel Hill, White Lake and Oak Island. He advised that on October 1, 2008 cyclists ride from Concord to Wingate, staying overnight in Wingate. Mr. Borne advised that the event promoted "a relaxing evening of enjoyable entertainmenti, college sports, and a chance to explore the unique Historic Downtown area of Monroe, North Carolina." He reported that for his many contributions to caused to be affixed the official Regulaz City Council Meeting September 2, 2008 Page 118 approximately 1,200 cyclists participate in the ride. Historic ,Downtown Monroe is presented with an opportunity of having approximately 400 to 600 of the; cyclists visit the downtown area ~`~ for dining, shopping, and entertainment. '~ Mr. Borne advised that Downtown Monroe, working in partnership with the Monroe Tourism Development Authority, would like to host a "Music on Main" concert event the evening of October 1, 2008 providing an entertainment attraction for the visiting cyclists. The concert planned would feature Billy Scott and the Prophets from 6:30-9~ 30 p.m. The concert would take place on Main Street at the intersection of Franklin Street, the usual location for "Music on Main." Staff felt that the addition of the music venue would add an additional element to the dining and shopping experience of our welcomed visitors. Mr. Borne advised that Downtown Monroe will also partner with the Monroe-Union Breakfast Rotary Club for the October 1, 2008 event to serve beer and wine. The Breakfast Rotary Club is working with Downtown Monroe to become the sponsor organization for the 2009 "Music on Main Concert Series." He reported that the club would provide the necessary volunteers, secure ABC permits, and provide the required liability insurance. In previous years, the Jaycees sponsored the "Music on Main" program. The partnership provides a volunteer base to operate and manage the "Music on Main" event with staff playing ~a supporting role assisting and facilitating the organization, implementation, permitting and promoting of the event. Mr. Borne advised that since October 1, 2008 is a Wednesday, consideration was given to the regularly scheduled church activities. Senior Minister, John Hewett of First Baptist Church was consulted regarding the event and without hesitation expressed rio opposition. I Staff recommended that an additional "Music on Main" event be approved for October 1, 2008. Council Member Keziah moved to approve the additional "Music on Main" event to be held on October 1, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mi yor Kilgore NAYS: None Item No. 11. Approval of "Movie on the Plaza" in Coniunction with .Warrior & Warbirds Air Show Scheduled for November 7, 2008. Downtown Director Borne advised by memorandum that Downtown Monroe, working in partnership with the Monroe Tourism Development Authority, would like to host a "Movie on the Plaza" event the evening of November 7, 2008, providing apre-Air Show entertainment attraction bringing visitors of the Air Show to Historic Downtown Monroe for the evening. The featured movie planned for the evening is "The Big Red One," with a show time approximately at 7:00 p.m. The movie would take place at The Government Plaza. j Mr. Borne advised that the "The Big Red One," starring L• e Mark Hamill chronicles the U.S. Army's First Infantry Divisi Marvin, Robert Carradine, and n (a.k.a. Big Red One) journeys Regular City Council Meeting September 2, 2008 Page 119 from North Africa to Czechoslovakia to free concentration camp prisoners. This is director Samuel Fuller's semi-autobiographical account of his experience in World War II. In order to host an additional "Movie on the Plaza," Mr. Borne advised that Downtown Monroe would need an event permit, temporary use permit, and privilege license from the City of Monroe and access to electrical power. Staff recommended that Council approve the additional "Movie on the Plaza" for November 7, 2008. Council Member Keziah moved to approve the additional "Movie on the Plaza" for November 7, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 12. Waiver of Permit Fees for Hospice of Union County, Inc. Finance and Administration Director Jim Fatland advised by memorandum that at the August 19 City Council meeting, a request was made by Hospice of Union County, Inc. for the City to waive permit fees totaling $5,252 for building assembly, electrical, mechanical, plumbing, zoning, and fire associated with the construction project at 700 West Roosevelt. Boulevard. Staff recommended that Council waive the permit fees. Council Member Keziah moved to waive the permit fees totaling $5,252 for Hospice of Union County, Inc. for building assembly, electrical, mechanical, plumbing, zoning, and fire associated with the construction project at 700 West Roosevelt Boulevard. Council Member Smrth seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 13. Utilities Compensation for Turnin;~ Point. City Manager Meadows advised by memorandum that in January 2008, Council appropriated $12,000 to Turning Point to offset the cost of utilities between January 2008 and June 2008 with the understanding that the Agency may approach Council again in July for additional funding. City Manager Meadows advised that Mayor Pro Tem Bazemore had received a letter from Turning Point advising that with the rising cost of fuel, they were requesting that the City defray utility expenses between July 2008 and December 2008 in an amount of $12,000. Staff recommended that Council appropriate $2,000 a month for a period of six months from the General Fund Unappropriated Fund Balance to be donated to Turning Point to defray utility expenses. Council Member Keziah moved to appropriate $2,000 a month for a period of six months from the General Fund Unappropriated Fund Balance to be donated to Turning Point to defray utility expenses. Council Member Smith seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting September 2, 2008 Page 120 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 13. Zoning 1VIap Amendment Request by Michael and Sandra Shackelford for the Property Located at 1815 Morgan Mill Road from GI (General Industrial) to Conditional District "S & S Maintenance." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Fairy Boyce stated that this was a zoning map amendment request by Michael and Sandra Shackelford for 1.569 acres located at 1815 Morgan Mill Road from GI (General Industrial) to Conditional District "S & S Maintenance." Ms. Boyce advised that the adjacent properties were zoned GI (General Industrial) and R-10 (Residential). A janitorial business currently operates at this location and offers wholesale and retail cleaning supplies to the public. The applicant is requesting to add a 4,900 square foot addition to the existing 4,500 square foot building that will be used for storage. This would be a metal building with a masonry front to match the existing building. Ms. Boyce advised that in accordance with Section 156.110 of the City's Unified Development /'~~ Ordinance entitled "Table of Permissible Uses," wholesale and retail sales are not permissible 1 without a conditional district rezoning approval. All landscaping requirements including streetscape buffers, parking lot landscaping, and screening buffers will be provided in accordance with the Unified Development Ordinance. Staff and the Planning Board recommended approval of the request. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Zoning Map Amendment. Council Member Nash moved BE IT ORDANIED that this property be rezoned from GI (General Industrial) to Conditional District "S & S Maintenance." Council Member Smith seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Action -Resolution of Land Development Plan Compliance -Conditional District "S & S Maintenance." Council Member Nash moved to adopt Resolution R-2008-87: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "S & S MAINTENANCE" R-2008-87 Regular City Council Meeting September 2, 2008 Page 121 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of, the zoning map amendment for Conditional District "S & S Maintenance" 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 Numbers: 09-185- 038, 09-185-039, and 09-185-032A. Adopted this 2°d day of September, 2008. ~, Council Member Smith seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item. No. 14. Building Usage Guidelines and Fee Changes for Monroe Countrv Club Ballroom. Parks and Recreation Director Mike Courtney stated that the heavy usage and abuse of the Monroe Country Club Ballroom over the past few years has become detrimental to the condition of the facility and future usage in years to come. He advised that the Parks and Recreation Department had looked at numerous ways to better control the usage. Mr. Courtney reviewed the proposed guidelines: the rental time for events will be a maximum of eight hours (this does not count time needed for setup); security deposit of 50% of the rental cost will be required for all rentals (the security deposit will be refunded after the facility has been inspected and found to be in good condition); due to fire code, any event having over 200 people will be suspended; no stages will be permitted unless prior authorization is given; unattended children are not allowed outside the facility; all functions must end by 12 o'clock midnight and must be cleaned up and everyone out by 1:00 a.m. (hours exceeding those will be deducted from the security deposit at a rate of $100 per hour rounded to the half hour); and, any event serving 1 alcohol will be required to pay an additional fee of $35 per hour for a police officer that will be provided by the City. Staff felt that adopting usage and fee changes would allow better control and a way to recover the cost of damages to the ballroom, and recommended that Council approve the same. Mr. Courtney advised that the usage and fee changes will take effect for rentals applied for after adoption of the guidelines. Mr. Courtney provided Council with a few examples of the damages that have been occurring at the ballroom. Council Member Ashcraft asked if it was possible to prohibit a violator from renting the facility again. Mr. Courtney advised that the violator is not allowed to rent the facility again; however, they could have someone else rent the facility for them. Regular City Council Meeting September 2, 2008 Page 122 Council Member Jordan stated that since some of the requirements could not be implemented for one year, were there certain aspects of the guidelines that could be implemented. City Attorney Sholar advised there were areas that could be implemented. Council Member Jordan stated that he would like to see the areas that could be implemented put into place. Council Member Jordan requested that staff evaluate the cost to hire security for the next year and bring the report back to Council to allow an adjustment to be made to the budget for hiring of the security officers. Mayor Kilgore felt that the renter should be responsible for bearing the cost of security. Council Member Jordan felt staff should also look at the renter being responsible for paying for the security officer. City Attorney Sholar reiterated that whatever contractual arrangements have been made with the ones under lease, staff had to honor the contractual relationship. Council Member Jordan asked Mr. Courtney what timeframe staff would need to monitor this situation and provide Council with an update. Mr. Courtney advised that staff could have this information by December. Council Member Jordan requested that staff bring an update back to Council in December. Council Member Ashcraft moved to approve Building Usage Guidelines for the Monroe Country Club: MONROE COUNTRY CLUB Building Usage Guidelines FACILITY FEES: $500.00 -City Residents (Daily) Max. 8 hours $600.00 -Non-City Residents (May get into building after 9:00 am to set up) $100.00 per hour City Residents (Partial Rentals 2 hour minimum) $125._00 per hour Non-City Residents (Set up & clean up must be included) A 50% rental fee deposit must be paid when the reservation is made. Balance of rental fee and security deposit must be paid 30 days prior to rental. A security deposit of SO% of the rental cost is required for all rentals and is due 30 days prior to rental. The security deposit will be refunded after facility has been inspected and found to be in good condition. (Allow up to 2 weeks to receive refund) Cancellations are subject to a 10% administration fee. Full refunds, minus administration fee, if cancelled 30 days prior to use. After that date, '/2 of amount paid (minus administration fee) will be issued. Rental fee includes Catering Kitchen, tables and chairs, china, crystal. & flatware for 200. Regulaz City Council Meeting September 2, 2008 Page 123 l.' MAXIMUM CAPACITY: 200 people ,(due to fire code any abuse of this rule will result in the suspension of the rental). 2. No use of tobacco products are allowed in the building. 3. All rentals will be provided with a designated area in which one band or DJ may set up. This area is located in the areas between the two doors on the end of th'e ballroom opposite the kitchen. Bands must use pads for set-up of equipment. 4. No stages of any kind are permitted unless prior authorization is given and noted on your rental fOYm. 5. Do not allow unattended children outside of the building. Children should be supervised at all times. There are areas both inside and outside of the building that are not safe for unsupervised children. 6. No one is allowed on the golf course for any reason during the rental. 7. No tape, staples or glue to be used on the walls. 8. No drip candles allowed. Only dripless permitted. 9. All vendors you use (i.e., caterers, DJ's, florists, bands, etc.) must obtain a privilege license from the City of Monroe, if they don't already have one. 10. Renter must leave the facility as it was found. Kitchen should' be swept, mopped and all items used washed and placed back in designated areas. All trash should be removed from the building and placed in the dumpster located at the back of the building. Tables and chairs must be placed back in the rear storage area. If the building is not left-clean or any damage has been done, the security deposit will be forfeited. 11. All functions must end by 12 o'clock midnight and must be cleaned up and everyone out by 1:00 am. Hours exceeding those will be deducted from the security deposit at a rate of $100.00 per hour rounded to the half hour. 12. Any event serving alcohol will be required to pay an additional fee of $35.00 per hour for a police officer that will be provided by the City. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 15. Solid Waste Fuel Recovery Fee. Assistant City Manager Wayne Herron stated that with the current contract, the City pays a fixed 3.3% fuel recovery fee which is attached to the monthly invoice (3.3% of the current monthly charges). He advised that the negotiated change will serve as a formula for calculating this fee effective July 1, 2008 going forward. The current contract states in section 35 that any modification of a provision of the contract shall be valid if signed by both parties. Mr. Herron stated that the fluctuating fuel recovery rate will be increased from 3.3% to 8.36% effective July 1, 2008. The rate is to be adjusted quarterly, based on the Allied Waste wholesale cost of~fuel on the first day of each quarter. He stated that the percentage may be interpolated if the price/percentage falls between categories. Mr. Herron stated that the price may not be adjusted any higher than an additional 3% during the fiscal year from the percentage established on July 1, 2008 of any fiscal year. He advised that further fuel recovery fee rate in any fiscal year may not exceed a maximum of 12% in any Regulaz City Council Meeting September 2, 2008 Page 124 month. If the rate reaches the maximum of 12%, a renegotiation must take place if Allied desires a higher rate. ' ~~ Finance and Administration Director Fatland stated that when Council adopted the sanitation budget this year, a new enterprise fund was created. Approximately $67,000 was budgeted for the fuel recovery fee. Staff projected about $13,000 revenue over expenses for a fund balance. He advised that this was going to create a big hit on the sanitation fund. Mr. Fatland advised that the sanitation expenses and revenues used to be accounted for in the General Fund and in working with staff, the revenue over expenses for the years prior to fiscal year 2008 is approximately $150,000 to the good. Staff recommended that Council approve the solid waste recovery fee and authorize staff to prepare a Budget Amendment based on audited numbers and transfer any prior surplus to the new sanitation fund which will cover the loss of $25,000 and provide $125,000 to the good which will negate any need for a rate increase and allow for sufficient funds in case there is another 3% increase between now and the end of the year. Council Member Jordan moved to approve the City of Monroe Fuel Recovery Schedule and authorize staff to prepare a Budget Amendment transferring excess revenues over expenditures for sanitation revenue and expenditures accounted for the General Fund for the fiscal years prior to June 30, 2008. The actual amount will be determined based upon annual audit: (, CITY OF MONROE FUEL RECOVERY SCHEDULE Price of FueUGallon Fuel Recove ~ Fee $2.00 000% $2.'10 0.30% $2.20 0.66% $2.30 0.99% $2.40 1 ~35% $2.50 1 X65% $2.60 1:98% $2.70 2:31 $2.80 2:64% $2.90 2:97% $3.00 3:30% $3.10 3.63% $3.20 3:93% $3.30 4:26% $3.40 4.59% $3.50 4.92% $3.60 5.25% $3.70. 5:58% $3.80 5:91% $3.90 6:24% $4.00 6:52% $4.10 6:90% $4.20 7:23% Regulaz City Council Meeting September 2, 2008 Page 125 Price of FueUGallon Fuel Recove 'Fee $4.30 7.56% $4.40 7.89% $4.50 8.22% $4.60 8.55% $4.70 8.88% $4.80 9.21 $4.90 9.54% $5.00 9.87% $5.10 10.20% $5.20 10.53% $5.30 10.86% $5.40 11.19% $5.50 11.52% $5.60 11.85% $5.65 12.00% Price per gallon based on the average monthly invoice price per gall for diesel fuel purchased by Allied for diesel fuel purchased by Allied Waste at the Polkton location. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 16. Update on Downtown Monroe. Downtown Director Borne provided Council with a brief overview of events happening with downtown Monroe. He advised that the 2008 events include "Music on Main" in conjunction with Tourism/Cycle NC/Rotary, art walk, Halloween Happenings, "Movie on the Plaza" in conjunction with the Warriors & Warbirds air show, and the Christmas tree lighting ceremony. The 2009 events include the open air market/fresh market, home tour, "Music on Main," and "Movies on the Plaza." Mr. Borne advised that downtown was also looking to incorporate seasonal retail promotions by tying in co-op advertising. Mr. Borne stated that parking in downtown was also being reviewed. He stated that improving downtown parking would involve education, validation, and enforcement. Educating includes developing an informational brochure regarding available parking in downtown Monroe, merchant practices, and customer awareness. Downtown Monroe currently has an inventory of approximately 1,400 free public parking spaces: 339 on-street and 1,040 in public parking lots scattered around downtown. Validating includes developing a validation program for shoppers in downtown. Participating merchants could validate overtime parking tickets. This program is not valid for employees of downtown. This program provides for shoppers who inadvertently exceed the two hour on-street Regular City Council Meeting September 2, 2008 Page 126 parking limit due to shopping, dining or salon services. This would be a courtesy provided to downtown purchasers through the cooperative efforts of the downtown merchants, Monroe Police Department, Downtown Monroe and the City of Monroe. Enforcement includes ensuring parking laws are strictly enforced in downtown Monroe, revising current ticketing practices/fines, incorporating an escalating scale, and reducing repeat offences. Mr. Borne stated that the project for the crosswalks at Windsor and Main was underway. A facade grant was awarded to the Renn's Nest who is located at 208 Main Street. Efforts are continuing with Wi-Fi in making downtown a "hot spot." The outdoor service would be free with an indoor subscription service. Mr. Borne reported that the request for proposal for the Joffre Hotel site is in the process of being finalized to be sent to developers. Proposals for review and consideration are expected to be received in early 2009. Mr. Borne stated that the Transportation Study related to downtown traffic patterns was underway and recommendations will be forthcoming to the Transportation Committee. A survey is underway to assist with the general public utility easement for the alley between Hayne and Main Streets and Windsor and Correll Streets. Mr. Borne advised that the Downtown Master Plan was submitted for consideration for the North Carolina Main Street Award for the best public-private partnership in downtown revitalization. This announcement will be made in January at the North Carolina Main Street Conference in Statesville. Mr. Borne advised that staff will be working with the Economic Restructuring Committee to look at the incentive grant programs in the downtown area. Item No. 17. Public Comment Period. There were no speakers. Item No. 18. Closed Session Pursuant to N:C.G.S. 143-318.11(a)(3) -Polk vs. Kane and City of Monroe and N.C.G.S. 143-318.11(a)(6). Council Member Nash moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) -Polk vs. Kane and City of Monroe and N.C.G.S. 143-318.11(a)(6). Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting September 2, 2008 Page 127 Upon return from Closed Session and there being no further business, the Regular City Council Meeting of September 2, 2008 adjourned at 8:50 p.m. ~~~ Attest: Bobby ilgore, Mayor _C~Y`LV~ ~ X0.61 ~S~~ Bridge H. Robins n, City Clerk C~ Regulaz City Council Meeting September 2, 2008 Page 128