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01-08-2019 City Council Regular MeetingCITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 JANUARY 8, 2019 — 6:00 P.M. AGENDA www.monroenc.org 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 (low of a Council Member or Citizen with consent of Council. The Consent Agenda contains the following items: 1. Call for Public Hearings to be Held February 5, 2019 A. Text Amendment Requests to Amend Code of Ordinances — Title XV: Land Usage, Chapter 152: Historic Properties, Section 152.057 titled "Action on an Application for a Certificate of Appropriateness" and Chapter 156: Zoning Code, Section 156.201 titled "Certificates of Appropriateness; Generally" B. Zoning Map Amendment Request to Rezone Property Located near Intersection of North Charlotte Avenue and Dickerson Boulevard from Conditional District "Dickerson Boulevard Residential" to Conditional District "Fraser Court" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.98 titled "Conditional Districts Established" and Section 156.106 titled "Official Zoning Map" 2. Center Theatre Seating A. Award of Contract to Perfection Equipment Company B. City Manager to Authorize Documents 3. Demolition of 320/322 E. Franklin Street A. Award of Contract to D.H. Griffin Wrecking Co., Inc. B. City Manager to Execute Documents 4. Minutes and Reports A. Disbursement of Fiscal Year 2018-2019 City Council Discretionary Funds 1) Mayor Pro Tem Gary Anderson 2) Council Member Surluta Anthony 3) Council Member Lynn Keziah 4) Mayor Bobby Kilgore B. Financial Reports for December 2018 C. Minutes of Board of Adjustment Meeting of October 25, 2018 D. Minutes of Citizens Appointment Committee Meeting of August 20, 2018 E. Minutes of City Council Meetings of December 4, 2018 F. Minutes of General Services Committee Meeting of November 15, 2018 City Council Regular Meeting January 8, 2019 Page 16 G. Minutes of Historic District Commission Meetings of October 8, 2018 and November 19, 2018 H. Minutes of Monroe Tourism Development Authority Meeting of November 8, 2018 I. Minutes of Public Safety Committee Meetings of October 15, 2018 and November 19, 2018 J. Summary of Contracts Awarded, Change Orders Approved and City Manager's Settlement of Claims K. Utility Fee Grant Program Update 5. Ordinance Amending Code of Ordinances — Title VII: Traffic Code, Chapter 76: Parking Schedules — Schedule I titled "Parking Prohibited at All Times" to add Deese Street 6. Pedestrian and Bicycle Enhancements for US Highway 601 Improvements Project 7. Reimbursement Resolution for Science Center Project 8. Tax Releases for November 2018 REGULAR AGENDA Public Hearings — Please adhere to the following guidelines: (4wo, • 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. 9. Request to Table Public Hearing for Downtown Economic Incentive Grant to Rehab Development for Piedmont Buggy Works to February 5, 2019 City Council Regular Meeting Without Further Advertising (Tabled from December 4, 2018) 10. Land Acquisition of Properties Located at 307 Kerr Street and 213 Kerr Street A. Public Hearing B. Action — Offer to Purchase and Sale Agreement C. Action— Resolution to Acquire Real Property and Authorize City Manager and Staff to Execute Documents 11. Presentation of Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2018 12. Natural Gas Main Extension and Contribution in Aid of Construction A. Memorandum of Understanding with Edwards Wood Products, Inc. B. City Manager to Execute Documents C. Capital Project Budget Ordinance 13. Public Comment Period City Council Regular Meeting January 8, 2019 Page 17 CITY OF MONROE CITY COUNCIL REGULAR MEETING JANUARY 8, 2019 MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers located at 300 West Crowell Street in Monroe, North Carolina at 6:00 p.m. on January 8, 2019 with Mayor Bobby Kilgore presiding. Present: Mayor Bobby Kilgore, Mayor Pro Tem Gary Anderson, Council Member Surluta Anthony, Council Member Marion Holloway, Council Member Billy Jordan, Council Member Franco McGee, City Manager E.L. Faison, City Attorney S. Mujeeb Shah -Khan and City Clerk Bridgette H. Robinson. Absent: Council Member Lynn Keziah. Visitors: Don Mitchell, Scott Howard, Don Donahue, Harold Belton, and others. Mayor Kilgore called the City Council Regular Meeting of January 8, 2019 to order at 6:00 p.m. A quorum was present. CONSENT AGENDA Following review of the Consent Agenda, Mayor Kilgore asked if any member of Council would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 1. Call for Public Hearings to be Held February 5, 2019. A. Text Amendment Requests to Amend Code of Ordinances — Title XV: Land Usage, Chapter 152: Historic Properties, Section 152.057 titled "Action on an Application for a Certificate of Appropriateness" and Chapter 156: Zoning Code, Section 156.201 titled "Certificates of Appropriateness; Generally." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff was proposing zoning text amendments to Section 152.057 titled "Action on an Application for a Certificate of Appropriateness" and Section 156.201 titled "Certificates of Appropriateness; Generally." Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on January 9, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on February 5, 2019 to consider these requests. If these items do not move forward at the January 9, 2019 Planning Board Meeting, Ms. Stiwinter advised City Council Regular Meeting January 8, 2019 Page 18 that Staff would not initiate the necessary steps to bring the requests before Council on February 5, 2019. Council Member Anthony moved to call for a public hearing to be held on February 5, 2019 at 6:00 p.m. to consider these requests. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Zoning May Amendment Request to Rezone Property Located near Intersection of North Charlotte Avenue and Dickerson Boulevard from Conditional District "Dickerson Boulevard Residential" to Conditional District "Fraser Court" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.98 titled "Conditional Districts Established" and Section 156.106 titled "Official Zoning Map." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map amendment request and text amendment request to rezone the property located near the corner of N. Charlotte Avenue and Dickerson Boulevard (tax parcel 09- 264-023B) from Conditional District "Dickerson Boulevard Residential" to Conditional District "Fraser Court." Ms. Stiwinter advised that the rezoning was being requested in order to develop five multi -family apartments with 24 apartments each for a total of 120 units. (600" Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on January 9, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on February 5, 2019 to consider these requests. If these items do not move forward at the January 9, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on February 5, 2019. Council Member Anthony moved to call for a public hearing to be held on February 5, 2019 at 6:00 p.m. to consider these requests. Council Member McGee seconded the motion, which passed unanimously with the following votes: CAYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 2. Center Theatre Seating. Assistant City Manager Brian Borne advised by memorandum that the Center Theatre project was previously approved and the construction contract was awarded by Council on September 4, 2018. Mr. Borne advised that the total budget for this project was provided from the City's General Fund and through the issuance of Limited Obligation Bonds. He advised that construction was progressing nicely and interior demo work was well under way. Mr. Borne advised that seating for the Center Theatre was included in the project budget, but was being handled as a separate bid item from the construction contract. City Council Regular Meeting January 8, 2019 Page 19 Mr. Borne advised that bids were solicited by Clearscapes Architecture+Art for the Center Theatre seating. The following bids were received and reviewed Clearscapes: Mr. Borne advised that Staff presented this item to the General Services Committee on December 13, 2018. Mr. Borne advised that it was the recommendation of the General Services Committee, Staff and Clearscapes that Council award the contract for the Center Theatre seating to Perfection Equipment Company in the amount of $192,332.10 and authorize the City Manager to execute any and all necessary documents. He advised that there were sufficient funds in the budget for this contract. A. Award of Contract to Perfection Equipment Company. Council Member Anthony moved to award the contract for the Center Theatre seating to Perfection Equipment Company in the amount of $192,332.10. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manager to Authorize Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the contract for the Center Theatre seating. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 3. Demolition of 320/322 E. Franklin Street. Assistant City Manager Brian Borne advised by memorandum that Council approved funding through the issuance of Limited Obligation Bonds for the demolition of 320/322 E Franklin Street on September 4, 2018. Mr. Borne advised that the budget included demolition and paving at this location which was adjacent to the City's new Science Center Building. He advised that bids were solicited for demolition of the vertical structures of 320/322 E Franklin Street and the foundation/basements of 320 E. Franklin Street. Mr. Borne advised that the following bids were received: COMPANY AMOUNT D.H. Griffin Wrecking Co., Inc. $119,000 Geological Resources, Inc. $231,638 City Council Regular Meeting January 8, 2019 Page 20 Mr. Borne advised that Staff presented this item to the General Services Committee on December 13, 2018. Mr. Borne advised that it was the recommendation of the General Services Committee and Staff that Council award the contract for the demolition of 320/322 E Franklin Street to D.H. Griffin Wrecking Co., Inc. in the amount of $119,000 and authorize the City Manager to execute any and all necessary documents. He advised that there were sufficient funds in the budget for this contract. A. Award of Contract to D.H. Griffin Wrecking Co., Inc. Council Member Anthony moved to award the contract for the demolition of 320/322 E Franklin Street to D.H. Griffin Wrecking Co., Inc. in the amount of $119,000. Council Member McGee seconded the motion, which passed unanimously with the following votes: 4 AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the contract for the demolition of 320/322 E Franklin Street. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, (40",McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 4. Minutes and Reports. A. Disbursement of Fiscal Year 2018-2019 City Council Discretionary Funds. 1) Mayor Pro Tem Gary Anderson. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Mayor Pro Tem Gary Anderson for disbursement of City Council Discretionary Funds to the Union County Chamber of Commerce (Red Carpet Gala!) in (, the amount of $50, Bridging of the Gap in the amount of $150 and the Union County Community Shelter in the amount of $100. Disbursements for Mayor Pro Tem Anderson follow: Date 07/01/2018 Recipient Discretionary Allocation FY 2018-2019 Fiscal Im act Amount Balance $3,000 07/06/2018 Monroe Police Department Explorer Post $500 $2,500 08/02/2018 Monroe Athletic Foundation $250 $2,250 08/16/2018 Monroe Deliverance Center $500 $1,750 08/16/2018 Central Academy of Technology and Arts (CATA) PTSO $500 $1,250 09/06/2018 Union County Branch NAACP $30 $1,220 10/10/2018 Have a Heart Foundation of Union County $100 $1,120 10/10/2018 Turning Point $200 $920 City Council Regular Meeting January 8, 2019 Page 21 A 11/07/2018 The Shepherd's Place $150 $770 11/12/2018 Heart for Monroe $100 $670 11/29/2018 Union County Chamber of Commerce $55 $615 12/06/2018 Bridging of the Ga $150 $465 12/14/2018 1 Communi Shelter of Union Coun $100 $365 As this item was for informational purposes only, no action was required from Council. 2) Council Member Surluta Anthony. City Clerk Bridgette Robinson advised by memorandum that Staff had received a request from Council Member Surluta Anthony for disbursement of City Council Discretionary Funds to the Rotary Club of Monroe in the amount of $400. Disbursements for Council Member Anthony follow: Date Recipient Fiscal Im Amount act Balance 07/01/2018 Discretion Allocation FY 2018-2019 $3,000 07/03/2018 Community Health Services of Union County, Inc. $500 $2,500 07/03/2018 Rotary Club of Monroe $600 $1,900 07/06/2018 Union County Community Shelter $150 $1,750 08/01/2018 Monroe High School Athletic Foundation $300 $1,450 09/06/2018 Christian Family Care Home $300 $1,150 09/06/2018 Union County Crisis Assistance Minis $300 $850 09/06/2018 Union County Branch NAACP $30 $820 10/19/2018 Union County Crisis Assistance Ministry $50 $770 11/07/2018 The Shepherd's Place $200 $570 11/26/2018 Rotaa Club of Monroe 1 $400 $170 As this item was for informational purposes only, no action was required from Council. 3) Council Member Lynn Keziah. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Council Member Lynn Keziah for disbursement of City Council Discretionary Funds to the Union County Play Makers in the amount of $2,250 and H.E.L.P. Crisis Pregnancy Center in the amount of $750. Disbursements for Council Member Keziah follow: Date Recipient Fiscal Im Amount act Balance 07/01/2018 Discretionary Allocation FY 2018-2019 $3,000 11/26/2018 Union County Play Makers $2,250 $750 11/26/2018 1 H.E.L.P. Crisis Preeancy Center $750 $0 As this item was for informational purposes only, no action was required from Council. 4) Mayor Bobby Killjore. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Mayor Bobby Kilgore for disbursement of City Council Discretionary Funds to the Union County Dr. Martin Luther King, Jr. Organization (banquet ticket) in the amount (W of $25 and the Dr. Martin Luther King, Jr. Committee, Inc. in the amount of $25 (Prayer Breakfast). Disbursements for Mayor Kilgore to follow: City Council Regular Meeting January 8, 2019 Page 22 Date Recipient Fiscal Impact Amount Balance 07/07/2018 Discretionary Allocation FY 2018-2019 $3,000 09/27/2018 Council on Aging in Union County $500 $2,500 09/27/2018 Monroe High School Athletic Foundation $250 $2,250 10/24/2018 Bridge to Recovery $250 $2,000 11/02/2018 Union County Chamber of Commerce $50 $1,950 11/07/2018 The Shepherd's Place $250 $1,700 12/03/2018 Union County Crisis Assistance Ministry $125 $1,575 12/21/2018 Union County Dr. Martin Luther King, Jr. Organization $25 $1,550 12/21/2018 1 Dr. Martin Luther King, Jr. Committee, Inc. $25 $1,525 (W As this item was for informational purposes only, no action was required from Council. B. Financial Reports for December 2018. Financial Reports for December 2018 were received as information by Council. C. Minutes of Board of Adjustment Meeting of October 25, 2018. Minutes of the Board of Adjustment Meeting of October 25, 2018 were received as information by Council. D. Minutes of Citizens Appointment Committee Meeting of August 20, 2018. Minutes of the Citizens Appointment Committee Meeting of August 20, 2018 were received as information by Council. am E. Minutes of City Council Meetings of December 4, 2018. Council Member Anthony moved to approve the Minutes of the City Council Strategic and Regular Meetings of December 4, 2018. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None (W F. Minutes of General Services Committee Meeting of November 15, 2018. Minutes of the General Services Committee Meeting of November 15, 2018 were received as information by Council. G. Minutes of Historic District Commission Meetings of October 8, 2018 and November 19, 2018. Minutes of the Historic District Commission Meetings of October 8, 2018 and November 19, 2018 were received as information by Council. H. Minutes of Monroe Tourism Development Authority Meeting of November 8, 2018. Minutes of the Monroe Tourism Development Authority Meeting of November 8, 2018 were received as information by Council. City Council Regular Meeting January 8, 2019 Page 23 A 0 A I. Minutes of Public Safety Committee Meetings of October 15, 2018 and November 19, 2018. Minutes of the Public Safety Committee Meetings of October 15, 2018 and November 19, 2018 were received as information by Council. J. Summary of Contracts Awarded, Change Orders Approved and City Manager's Settlement of Claims. City Manager E.L. Faison reported by memorandum the award of contracts pursuant to Ordinance 0-2001-17, Change Orders approved pursuant to Resolution R-2000-76 and Settlement Claims pursuant to Ordinance 0-2004-27: Date Name Purpose Fiscal Im act Fund Amount 10/29/2018 Emergency Reporting Web host and support a Fire $18,834 Records Management Software package 10/29/2018 VacVision Sanitary Sewer Main Water $44,000 Environmental Inspection and Repair Resources [CO #1] S rip 2018 10/30/2018 Athletic Flooring Monroe Aquatics and Parks and *$1,500 Service Fitness Center (MAFC) Recreation Walking Track floor deep scrub/cleaning 10/31/2018 Hazen and Sawyer Engineering services for Water $35,000 Lake Lee Flashboard an Resources debris boom repair 11/01/2018 AirBoss, Inc. Warriors Over Monroe Air Administration *$3,000 Show 11/01/2018 Environmental Testing Aqua toxicity analysis Water $24,999 Solutions Resources 11/01/2018 MasterCraft Dickerson Recreating Parks and $5,525 Renovation Systems Center Gym height Recreation adjusters installation 11/01/2018 Norbert Steinwedel Warriors Over Monroe Air Administration *$250 Show 11/01/2018 Warplane Museum Warriors Over Monroe Air Administration $5,865 Show 11/02/2018 H.C. Rummage, Inc. Liquefied Natural Gas Energy *$752 [CO #3] Peak Shaving Plant Services 11/02/2018 Lawrence Associates Police Department Downtown $24,500 Headquarters surveying services 11/02/2018 WaynCo Roofing EJ/Senior Center Re -roof Downtown $44,657 [CO #2] 11/06/2018 Kennon Kendall Lake Inspector for Lake Water $7,200 Lee Resources 11/07/2018 Bradshaw Flooring Water Resources Facility *$4,799 Maintenance floorin Maintenance 11/07/2018 MasterCraft Don Griffin Park outdoor Parks and $12,332 Renovation Systems bleachers at Don Recreation 11/07/2018 Scoggins Farms, Inc. 2018 Christmas Tree Parks and *$800 Lighting Recreation City Council Regular Meeting January 8, 2019 Page 24 A L Date Name Purpose Fiscal Im act Fund Amount 11/07/2018 Tony Belk Water Resources Facility $5,300 Maintenance office sheet Maintenance rock repairs and painting 11/07/2018 Warriors and Warbirds Warriors Over Monroe Air Administration *$1,000 Show 11/07/2018 WaynCo Roofing EJ/Senior Center Re -Roof Downtown $10,774 [CO #3] 11/13/2018 Air Heritage Museum Warbirds Over Monroe Administration $6,400 Air Show 11/13/2018 ECS Southeast Center Theatre materials Downtown $18,393 testing and special inspections 11/13/2018 KMD Construction Aerowood Hangar Airport $21,454 [CO #4] construction 11/16/2018 C & L Lawn Service Monroe Country Club Parks and *$1,398 (MCC) landscape material Recreation installation 11/16/2018 Northstar Engineering Liquefied Natural Gas Energy -$39,691 Services Peak Shaving Plant Services [CO #3] 11/16/2018 QEI, LLC Annual SCADA System Energy $23,029 Services and support Services 11/16/2018 Sports Flooring Group MAFC racquetball courts Parks and *$4,277 and gym floor screening Recreation and recoatin 11/19/2018 Alfred Benesch & Belk Tonawanda Master Parks and $13,200 Company Plan consulting and design Recreation services 11/19/2018 CivicPlus, Inc. Hosting and Support Parks and *$1,500 Services Agreement Recreation 11/19/2018 Lawrence Labriola Star Warbirds Over Monroe Administration *$2,500 Equipment Leasin Air Show 11/27/2018 Performance Fire MAFC sprinkler system Parks and *$800 repair/update Recreation 11/30/2018 Johnson Controls Fire Stations #1 and 2 Fire *$4,999 system service work as necessary 12/03/2018 Blended Ideas Group Cinema advertising Downtown *$2,760 [CO #1] 12/03/2018 Cox Door Company John Glenn Water Water *$1,362 Treatment Plant door Resources replace ent 12/03/2018 ECS Southeast Science Center renovation Downtown $9,145 construction materials testing 12/03/2018 Enterprise Leasing Warbirds Over Monroe Administration $5,500 Air Show 12/03/2018 Hampton Inn Warbirds Over Monroe Administration $21,000 Air Show City Council Regular Meeting January 8, 2019 Page 25 L A Date Name Purpose Fiscal Im act Fund Amount 12/03/2018 Union -Anson County Housing repair scattered Planning and *$4,300 Habitat for Humanity site for 2741 Heritage Development Christian Way 12/03/2018 Union -Anson County Housing repair scattered Planning and *$4,300 Habitat for Humanity site for 2753 Heritage Development Christian Way 12/05/2018 ROCOM, LLC Fire Station #1 speaker Fire *$1,900 and audio wiring for station alerting system 12/6/2018 James Hinson Center Theatre Easement Downtown *$1,050 Plumbing Agreement for relocation of three condensation drains and vent 12/10/2018 Blended Ideas MAFC billboard and Parks and $12,179 commercial advertising Recreation 12/10/2018 JM Cope, Inc. Center Theatre Alt. G-1 Downtown $69,000 steel canopy at loading dock 12/10/2018 The Roberts Company, Liquefied Natural Gas Energy $46,515 Inc. Peak Shaving Plant Services [CO #4] 12/13/2018 The Catering Place Catering services for Water *$2,295 Tommy Deese's Resources retirement 12/13/2018 Lawrence Associates Boundary survey needed Engineering *$1,800 of Parcel #09-228-093 for possible expansion of the Hillcrest Cemetery 12/13/2018 Resolve Environmental Phase I Environmental Engineering *$1,800 Site Assessment 0.335 acres (Susie Garmon Heirs property) Parcel #09-228- 093 *Approved by Department Director Total $494,252 There were no settlement of claims. This item was for informational purposes only; therefore, no action was required from Council. K. Utilitv Fee Grant Program Update. To fulfill the reporting requirements of the Utility Fee Waiver Program and Resolution R-2015-41, Finance Director Lisa Strickland advised by memorandum that the goal of the Utility Fee Waiver program was to encourage homes to be built for people who were certified to be income eligible at the time of purchase and to ensure that the program was meeting City expectations. E Ms. Strickland advised that the following chart represented a history of previous utility assistance �r provided and the current status of ownership. City Council Regular Meeting January 8, 2019 Page 26 A M 0 Date Property address Recipient: Original Utility Fee Owner still Waiver reside in the Amount roe ? 07-08-2015 2319 Har ette Road Habitat for Humani Yes $7,404.00 07-08-2015 2321 Har ette Road Habitat for Humanity Yes $7,598.00 10-27-2015 438 East Village Drive — Lot 17 Monroe -Union Yes $5,046.00 County Community Development Corporation 10-27-2015 309 East Village Drive — Lot 40 Monroe -Union Yes $5,046.0 County Community Development Corporation 03-15-2016 2502 Saddlebred Way St. Jude's n/a $5,036 03-14-2017 2310 Goldmine Road Habitat for Humanity Yes $7,140 03-14-2017 3407 Ridgewood Avenue Habitat for Humanity Yes $7,140 12-19-2017 433 East Village Drive Monroe -Union Yes $5,036 County Community Development Corporation 12-19-2017 427 East Village Drive Monroe -Union Yes $5,036 County Community Development Corporation 12-19-2017 503 East Village Drive Monroe -Union Yes $5,036 County Community Development Corporation 04-12-2018 1915 Bowie Street Habitat for Humanity Yes $7,140 04-12-2018 1923 Bowie Street Habitat for Humanity Yes $7,140 08-30-2018 506 East Village Drive Monroe -Union Still under $5,184 County Community construction Development Corporation 10-05-2018 406 S West Street Habitat for Humanity Still under $7,349 construction As this was an informational update only; no action was required of Council. Item No. 5. Ordinance Amending _Code of Ordinances — Title VII: Traffic Code, Chanter 76: Parking Schedules — Schedule I titled "Parking Prohibited at All Times" to add Deese Street. Engineering Director Jim Loyd advised by memorandum that a request to restrict parking along one side of Deese Street had been received by a concerned citizen conveyed through the Mayor. Mr. Loyd advised that the concern was regarding the restricted access to the area created by vehicles parking along both sides of Deese Street during events held at the Our Lady of Lourdes Church. He advised that the Police Department investigated the problem and found that there was sufficient roadway width left if vehicles parked on one side of Deese Street. However, Mr. Loyd advised that vehicles parking on both sides of the street created a violation of the City's Code of Ordinances Section 72.17 titled "Parking Not to Obstruct Traffic" which states that "at least 16 City Council Regular Meeting January 8, 2019 Page 27 t A feet of clear unobstructed roadway" must be left "for the safe passage of other vehicles." Mr. Loyd advised that both the Engineering Department and Police Department recommended posting the west side of Deese Street as "No Parking" from E. Franklin Street to 145 ft. south of the centerline of Elm Street. Mr. Loyd advised that the matter was presented to the Public Safety Committee at their December 16, 2018 Meeting. He advised that he had been informed that the desire for the Church was to have the east side posted no parking. Thus, Mr. Loyd advised that the recommendation was changed and the Committee voted to prohibit parking along this side of Deese Street. Mr. Loyd advised that after the meeting, Engineering Staff was advised that the Church wanted to park along the east side of Deese Street with parking prohibited along the west side as initially recommended. Mr. Loyd advised that Staff had since confirmed directly with the Church that if the parking was to be restricted, posting the west side of Deese Street to no parking was preferred. He advised that Staff reviewed this information with the Public safety Chair/Council Member Surluta Anthony and she was amenable to this matter moving forward without returning to the Public Safety Committee. Mr. Loyd advised that the intent was to restrict parking along one side to allow for passage of emergency vehicles and to work with the Church in this matter. Mr. Loyd advised that it was the recommendation of the Public Safety Committee and Staff that Council adopt an Ordinance amending the Code of Ordinances — Title VII: Traffic Code, Chapter 76: Parking Schedules — Schedule I titled "Parking Prohibited at All Times" to add Deese Street from E. Franklin Street to 145 ft. south of the centerline of Elm Street on the west side. Council Member Anthony moved to adopt Ordinance 0-2019-01: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE VII: TRAFFIC CODE CHAPTER 76: PARKING SCHEDULES 0-2019-01 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 76 — Parking Schedules of the City of Monroe Code of Ordinances is amended as follows: Section 1. Amend SCHEDULE I. PARKING PROHIBITED AT ALL TIMES to add: Street Name Side I From I To Deese Street West I E. Franklin Street 1 145 south of the centerline of Elm Street Section 2 This Ordinance shall be effective upon adoption. Adopted this 811' day of January, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting January 8, 2019 Page 28 AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 6. Pedestrian and Bicycle Enhancements for US Highway 601 Improvements Project. Engineering Director Jim Loyd advised by memorandum that the North Carolina Department of Transportation (NCDOT) was proposing to widen US Highway 601 from two lanes to four lanes between US Highway 74 and the Monroe Expressway as part of STIP Project No. U- 4024. Mr. Loyd advised that a related project, STIP Project U-5723, would provide improvements at the interchange of US Highway 74 and US Highway 601. He advised that on this project, Staff worked with Council to obtain an 8 ft. side sidewalk within the improvements limits. Mr. Loyd advised that project plans for the US Highway 601 widening project currently included providing an 8 ft. sidewalk along both sides of US Highway 601 between US Highway 74 and the Monroe Expressway. In keeping with NCDOT's Complete Streets Policy, Mr. Loyd advised that bike lanes or wide outside lanes were also to be provided as part of the project. Mr. Loyd advised that previously, the City worked with NCDOT on the US Highway 74 widening project U-5764 to provide betterment costs for including a 10 ft. wide multipurpose path (MUP) on one side of US Highway 74 and an 8 ft. wide sidewalk on the other side. He advised that NCDOT was required to provide bicycle lanes as part of project U-5764 and they agreed to transfer the costs of a bike facility (bike lanes/wide outside lanes) towards the installation of a 10 ft. wide MUP. Mr. Loyd advised that the 10 It. width was considered to be an acceptable width for two- way bicycle travel. He advised that the transfer of costs from the traditional bike facility to the 10 ft. MUP provided a significant cost savings to the City in lieu of providing an 8 ft. wide sidewalk on both sides. Mr. Loyd advised that the primary cost savings was due to the costs for an additional 3 ft. of right-of-way that would be required for an 8 ft. sidewalk. He advised that Staff had worked together with NCDOT on this project U-4024 to provide a similar scenario. Mr. Loyd advised that NCDOT was willing to provide a 10 ft. wide MUP along one side of US Highway 601 and an 8 ft. wide sidewalk on the other side with removal of the traditional bike facility with wide outside lanes. He advised that the cost of the bike lanes would be transferred towards the cost of the 10 ft. MUP for the additional cost over the original 5 ft. sidewalk width. For the 10 ft. MUP, Mr. Loyd advised that the City would only be responsible for the 30 percent cost share per state law for the first 5 ft. For the 8 ft. sidewalk, he advised that the City would be responsible for the 30 percent cost share for the first 5 ft. plus 100 percent of the cost for increasing the width by 3 ft. to a total of 8 ft. Mr. Loyd advised that estimated costs to the City would be approximately $411,500. Mr. Loyd advised that both the Engineering and Planning Staff felt very strongly about the inclusion of sidewalk along US Highway 601. He advised that the addition of sidewalk provided pedestrian access which was a mode of transportation that was almost non-existent along this major arterial. Mr. Loyd advised that pedestrian friendliness correlated to the livability of a community. Mr. Loyd advised that the inclusion of sidewalks met the NCDOT Complete Streets Policy to consider and incorporate several modes of transportation when building new projects or making City Council Regular Meeting January 8, 2019 Page 29 improvements to existing infrastructure. He advised that in the past, the City had used Powell Bill Reserve Funds to cover the costs of the City's participation with STIP projects. Mr. Loyd advised that Powel Bill Reserves Funds were sufficient to cover the City's share of costs. Mr. Loyd advised that this matter was presented to the Public Enterprise Committee at their December 18, 2018 Meeting. However, he advised that the Committee did not have a quorum and this matter was forwarded to Council without a Committee recommendation, as authorized by the Acting Committee Chair/Council Member Franco McGee and City Manager Larry Faison. Mr. Loyd advised that it was the recommendation of Staff that Council concur with Staff's recommendations which provided for the provision of a 10 ft. wide multi -use path along one side of US Highway 601 and an 8 ft. wide sidewalk on the opposite side from US Highway 74 to the Monroe Expressway at an estimated cost of $411,500. If approved, Mr. Loyd advised that a Municipal Agreement and Budget Ordinance formalizing the City's costs participation would be brought forward at a later date for Council approval. Council Member Anthony moved to approve the provision of a 10 ft. wide multi -use path along one side of US Highway 601 and an 8 ft. wide sidewalk on the opposite side from US Highway 74 to the Monroe Expressway at an estimated cost of $411,500. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 7. Reimbursement Resolution for Science Center Proiect. Finance Director Lisa Strickland advised by memorandum that the Senior Center project was approved during the budget process on June 5, 2018. Ms. Strickland advised that as previously approved by Council, contracts for the roof replacement and for the design services had been awarded and Council previously adopted Reimbursement Resolutions to accompany both of these contracts. She advised that Resolution R-2017-76 was adopted on December 5, 2017 for the roof and Resolution R-2018-14 was adopted on February 6, 2018 for the design. Ms. Strickland advised that the work at the Senior Center was progressing and Staff had contracted for demolition work to begin. In order for this additional work to be eligible for financing, Ms. Strickland advised that Staff was requesting a Reimbursement Resolution in an amount not to exceed $4,000,000 be approved for the entire project to include the roof, design and any renovation work. She advised that it was expected that construction bids would be solicited in April, 2019 and financing would be obtained in May, 2019. Ms. Strickland advised that Staff presented this item to the General Services Committee on December 13, 2018. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Reimbursement Resolution outlining the intent to reimburse the General Fund for expenses through the issuance of an installment financing contract once the debt had been issued to fund the new Senior Center. City Council Regular Meeting January 8, 2019 Page 30 Council Member Anthony moved to adopt Resolution R-2019-01: REIMBURSEMENT RESOLUTION WITH REGARD TO INSTALLMENT FINANCING SENIOR CENTER R-2019-01 AUTHORIZING CITY OF MONROE, NORTH CAROLINA TO UNDERTAKE CERTAIN EXPENDITURES WITH RESPECT TO DESIGN AND BUILDING RENOVATION FOR A NEW SENIOR CENTER FACILITY PRIOR TO THE EXECUTION BY THE CITY OF INSTALLMENT PURCHASE CONTRACTS FOR SUCH PURPOSES IN AN AMOUNT NOT TO EXCEED $4,000,000. WHEREAS, the Internal Revenue Service and U.S. Treasury Department have published regulations that govern when a political subdivision such as the City of Monroe, North Carolina (the City), can issue or execute tax-exempt obligations to reimburse itself or any agency or division thereof for expenditures on purchases prior to the issuance of tax-exempt obligations for such projects; and WHEREAS, the regulations require that the governing body of the political subdivision adopt a resolution reciting certain facts and intentions prior to the incurrence of the expenditures; and WHEREAS, the City anticipates incurring certain expenditures in an approximate amount not exceeding $4,000,000 (the "Expenditures") with respect to design and building renovations for a new senior center facility prior to the issuance by the City of tax-exempt obligations in the form of installment purchase contracts for such purpose in an amount not to exceed $4,000,000. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monroe as follows: Section 1. The City Council hereby declares a reasonable "official intent" pursuant to Regulation 1.103-18 to the Internal Revenue Code of 1986, as amended, to reimburse the City from the proceeds of tax-exempt obligations in the form of installment purchase contracts of the City executed under the authority of North Carolina General Statute 160A-20, as amended for such Expenditures. Such Expenditures must be incurred not later than two years from the date hereof in order to be eligible for reimbursement from the proceeds of the installment purchase contracts or such other date as may be applicable in the regulations. The City anticipates incurring Expenditures in an approximate amount of not exceeding $4,000,000 with respect to the design and building renovation for a new senior center facility prior to the execution by the City for such purpose in an amount not to exceed $4,000,000. Section 2. To be eligible for reimbursement of the Expenditures, the installment purchase contracts will be executed on or before the later of the date one year after the Expenditure was paid or the date one year after the equipment was placed in service, or such later date as may be applicable in the regulations as amended. Section 3. The Expenditures are incurred solely to acquire, construct or rehabilitate property having a reasonably expected economic life of at least one year. Section 4. The installment purchase contracts executed to defray the costs of the construction will be paid primarily from general fund revenues. Adopted this 81 day of January, 2019. City Council Regular Meeting January 8, 2019 Page 31 Council Member McGee seconded the motion, which passed unanimously with the following („ votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 8. Tax Releases for November 2018. Finance Director Lisa Strickland advised by memorandum that the refunds and releases of taxes pursuant to North Carolina General Statute §105-381 for November 2018 were $1,893.02. Ms. Strickland advised that the refunds and/or releases were created by a change or reduction in value for the City of Monroe by the Union County Tax Assessor. Ms. Strickland advised that the Union County Commissioners had previously approved these releases and Staff was now requesting that Council approve the tax releases for November 2018 in the amount of $1,893.02. Council Member Anthony moved to approve tax refunds and/or releases for November 2018 in the amount of $1,893.02. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, (4WO" McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 9. Request to Table Public Hearing for Downtown Economic Incentive Grant to Rehab Development for Piedmont Buggy Works to February 5, 2019 City Council Regular Meeting Without Further Advertising (Tabled from December 4, 2018) Downtown Coordinator Brian Borne advised that Staff had determined the need for additional time to work out the details of the incentive and loan requested. Therefore, he advised that it was the recommendation of Staff that Council table the public hearing to the February 5, 2019 City Council Regular Meeting without further advertising. Council Member Anthony moved to table the public hearing to the February 5, 2019 City Council Regular Meeting without further advertising. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 10. Land Acquisition of Properties Located at 307 Kerr Street and 213 Kerr Street City Council Regular Meeting January 8, 2019 Page 32 A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planning and Development Director Lisa Stiwinter advised that Council adopted the Concord Avenue Area Master Plan formerly known as the Kerr Street Small Area/Redevelopment Plan in November 2015. Ms. Stiwinter advised that the Concord Avenue Master Plan began with the intention to collect, refine, communicate and execute a vision. She advised that the revitalization initiatives for the Concord Avenue and Kerr Street area actually began in 2005 as a result of concerns and complaints regarding deteriorated/dilapidated dwellings, vacant and abandoned buildings, high crime, no community core, dead-end streets, lack of connectivity, underutilized retail buildings and lack of pedestrian/bike accommodations. Ms. Stiwinter advised that the Master Plan also included an action plan that provided a broad set of recommendations that included additional detail in phasing, responsibilities, costs and funding sources. She advised that the action plan for the Concord Avenue Master Plan recommended the following as action items: Ms. Stiwinter advised that a property acquisition program had been developed and Staff had been monitoring the status of key parcels. She advised that Staff had identified two single-family dwellings for purchase in order to implement the relevant goals and recommendations of the Concord Avenue Area Master Plan. Ms. Stiwinter advised that the goal was to purchase and demolish the single-family dwellings to improve safety and aesthetics and promote private investment and beneficial redevelopment and for future potential economic development purposes as authorized under North Carolina General Statute Section 158-7.1. Ms. Stiwinter advised that one property was located at 307 Kerr Street in the amount of $55,000 and the second property was located at 213 Kerr Street in the amount of $55,000 for a total of $110,000. Ms. Stiwinter advised that when the Concord Avenue Master Plan was adopted in 2015, Council voted to implement the Plan in a proactive manner and designated a project fund to kick start the implementation process. She advised that the Concord Avenue Project Fund had $650,000; therefore, if Council approved these land acquisitions, the funding would be taken from the Project Fund. Ms. Stiwinter advised that Staff presented this item to the General Services Committee on November 15, 2018. Ms. Stiwinter advised that it was the recommendation of the General Services Committee and Staff that Council approve the purchase of the two single-family dwellings located at 307 Kerr Street and 213 Kerr Street in a total amount of $110,000 for future potential economic development purposes as authorized under N.C.G.S.158-7.1 by approving the Offer to Purchase and Sale Agreement and adopting a Resolution to acquire the real property and authorizing the City Manager and Staff to execute any and all necessary documents. Council Member Anthony asked if the properties were presently occupied and if so, would this include relocation fees. City Council Regular Meeting January 8, 2019 Page 33 Ms. Stiwinter advised that the properties were occupied and that it was the responsibility of the property owner to relocate the tenants. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Offer to Purchase and Sale Agreement. Council Member Anthony moved to approve the Purchase and Sale Agreement: OFFER TO PURCHASE AND SALE AGREEMENT This AGREEMENT made and entered this 81' day of January, 2019 between the CITY OF MONROE, a North Carolina Municipal Corporation, (hereafter Purchaser) and IMOGENE CHATTO-ANDREW, MARRIED, (Seller). WHEREAS, said Seller is the sole owner of that certain real estate located in the City of Monroe, Union County, State of North Carolina, consisting of 2 tracts, which are located on Kerr Street, and identified as tax parcel numbers 09-226-029B, being 213 Kerr Street ("Tract One"), and 09-226-028, being 307 Kerr Street ("Tract Two'). Said tracts contains approximately 0.312 acres, and 0.856 acres, respectively, more or less; Tract One being all of that certain parcel of land described in a conveyance filed May 12, 2006 from Howard Lee Andrew and Imogene C. Andrew to Imogene C. Andrew recorded in Book 4159, page 312, Union Public Registry; Tract Two being all of that certain parcel of land described in a conveyance filed April 26, 2007 from Howard Lee Andrew and Imogene C. Andrew to Imogene Chatto-Andrew recorded in Book 4533, page 200, Union Public Registry. WHEREAS, the Purchaser hereby offers to purchase the real property described herein and the Seller hereby accepts the offer upon the terms and conditions set out herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Purchaser agrees to purchase and the Seller agrees to sell the described property upon the following terms and conditions: 1. Purchase Price: The purchase price shall be $55,000 for Tract One; and $55,000 for Tract Two; totaling ONE HUNDRED AND TEN THOUSAND DOLLARS AND NO/100 ($110,000) and shall be paid in full at the time of closing. 2. Conditions: a. All deeds of trust, liens, agricultural rollback taxes and other charges against the property, not assumed by the Purchaser, must be paid and satisfied by Seller prior to or at closing and cancellation promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing. b. Property must be free and clear of all leases and claims of occupancy by any party prior to closing. Neither the execution of this agreement nor the consummation of the transactions contemplated hereby will constitute a violation of or be in conflict with or constitute a default under any term or provision of any agreement or lease to which Seller is a party. c. All tenant accounts must be balanced and reconciled prior to closing and evidenced. d. Remove all personal property and/or fixtures prior to closing. Units must be kept secure and/or boarded if applicable until closing. e. Title must be delivered at closing by General Warranty Deed and must be fee simple marketable title, free of all encumbrances except: ad valorem taxes for the current year; party wall rights, easements, rights of way, and unviolated restrictive covenants that do not materially affect the City Council Regular Meeting January 8, 2019 Page 34 L A value of the property; and such other encumbrances as may be assumed or specifically approved by Purchaser. f. Sale is conditioned and contingent upon the Purchaser acquiring all necessary approvals and endorsements as required by law including, but not limited to, the Monroe City Council pursuant to N.C.G.S. § 158-7.1. g. Seller has all necessary power and authority to enter into this Agreement, all actions required to be taken to approve or authorize the execution of this Agreement and consummation of these transactions have been taken, the persons executing this Agreement on behalf of Seller are duly authorized to do so, and the execution of this Agreement and the consummation of the transactions contemplated hereby constitutes the valid and binding obligation of Seller in accordance with its terms. h. Notwithstanding anything to the contrary contained in this Agreement, Purchaser may, for any reason prior to the closing date, elect to terminate the Agreement by giving written notice of such decision to Seller and all earnest money deposited, if any, shall be returned to Purchaser. In the event such notice of termination is given, neither party hereto shall have any remaining obligation or liability to the other. 3. Special Conditions: NONE 4. Special Assessments: Seller warrants that there are no pending or confirmed special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the property, and no confirmed owner's association special assessments. Seller shall pay any and all such outstanding assessments pending at the time of the closing. 5. Closing Expenses and Prorations: Unless otherwise specifically agreed, each party shall bear the usual and customary costs associated with North Carolina real estate closings. Ad valorem taxes shall be prorated for the 2019 tax year. 6. Labor and Materials: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to the Purchaser showing that all labor and materials, if any, furnished to the property within 120 days prior to closing have been paid for and agreeing to indemnify Purchaser against all loss from any cause or claim arising therefrom. 7. Closing: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer title in or around March 2019, at a place designated by the Purchaser. The deed is to be made to the City of Monroe, a North Carolina Municipal Corporation. 8. Environmental: Seller represents and warrants, to Sellers knowledge, that there is/are no presence or disposal within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials, and wastes, which are or become regulated under any applicable local, state, or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as Hazardous Substances pursuant to Section 331 of the Clean Water Act 33 USC Sec. 1251, et seq. (33 USC 132 1) or listed pursuant to Section 307 of the Clean Water Act (33 USC Sec. 1371), (v) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act 42 USC Sec. 6901 et seq._(42 USC Sec. 6903) or (vi) defined as hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC Sec. 9601 et seq. (42 USC 9601). Seller further states that it has no actual knowledge of any contamination of the property from such substances as may have been disposed of or stored on neighboring tracts, and it has no reason to suspect that such City Council Regular Meeting January 8, 2019 Page 35 disposal has occurred, either during or prior to its ownership of the Property. Purchaser may, at Purchaser's sole cost, obtain an environmental survey of the property prior to closing. If the environmental survey reveals unacceptable contamination, Purchaser, at its sole option may elect to proceed with the closing or may terminate this Agreement upon written notice to the Seller and all earnest money deposited, if any, shall be returned to Purchaser. Risk of Loss: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. If the real property including improvements is destroyed or materially damaged prior to closing, the Purchaser may terminate this Agreement upon written notice to the Seller and all earnest money deposited shall be returned to Purchaser. In the event the Purchaser does NOT elect to terminate this Agreement, Purchaser shall be entitled to receive, in addition to the property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the property being purchased. 10. Assignment: This Agreement may not be assigned without the written consent of the parties, but if assigned by agreement, then this Agreement shall be binding on the assignee and its heirs or successors. 11. Parties: This agreement shall be binding upon and shall inure to the benefit of all parties. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter gender, as appropriate. 12. Survival: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, it shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept, or performed. 13. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions, or deletions hereto must be in writing and signed by all parties. 14. E -Verify Requirement: Seller shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if Seller utilizes a subcontractor, Seller shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed in duplicate originals the day and year first above written. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Council Member Jordan stated that while he was in favor of this action and approved the action, he would like Staff to inform Council of people who were living in these properties that were being relocated that were having difficulty in finding properties that they could afford. He stated that he understood that it was up to the property owner to relocate a tenant; however, if the property owner was having trouble moving a tenant to properties that were in the price range the tenant was presently paying, he would like for Council to be made aware of that fact. Council Member Jordan stated that this might be something Council might want to address in the future. City Council Regular Meeting January 8, 2019 Page 36 C. Action — Resolution to Acquire Real Property and Authorize City Manager and Staff to Execute Documents. Council Member Jordan moved to adopt Resolution R-2019-02: RESOLUTION TO ACQUIRE REAL PROPERTY LOCATED AT 307 KERR STREET AND 213 KERR STREET AND GRANTING AUTHORIZATION TO CITY MANAGER AND CITY STAFF TO EXECUTE DOCUMENTS R-2019-02 WHEREAS, the City of Monroe has identified the need to acquire two tracts of real property located at 307 Kerr Street and 213 Kerr Street, containing approximately .856 acres, and .312 acres, respectively and being identified as Tax Parcel Numbers 09-226-028 and 09-226-02913, owned by Imogene Chatto-Andrew for the purpose of improving the safety and aesthetics, promote private investment and beneficial redevelopment and for future potential economic development purposes as authorized under N.C.G.S. 158-7.1; and WHEREAS, City Staff negotiated with the owner regarding a purchase and sales agreement to acquire this property; and WHEREAS, City staff and the owner have reached an agreement subject to Council approval whereby the City will acquire the property for $110,000. NOW, THEREFORE, BE IT RESOLVED that said tracts owned by Imogene Chatto-Andrew located at 307 Kerr Street and 213 Kerr Street, being identified as Tax Parcel Numbers 09-226-028 and (400., 09-226-029B be acquired for the sum of $110,000. The City Manager and City Staff are hereby authorized to take any and all action necessary to acquire said property including the execution of all documents on behalf of the City to complete the transaction. Adopted this 811' day of January, 2019. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 11. Presentation of Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2018. Ms. Elsa Watts from Martin Starnes and Associates highlighted the results of the annual audit performed on the City's financial records. Ms. Watts stated that the City received an unmodified opinion which was a clean audit opinion. She stated that there were no findings or questioned costs identified nor were there any internal control weaknesses identified. Ms. Watts thanked City Staff for their assistance. In reviewing the General Fund, Ms. Watts advised that total revenues were $36.1 million (increase of about 5%) and total expenditures were just over $34.3 million (increase of about 7%). City Council Regular Meeting January 8, 2019 Page 37 Ms. Watts advised that the Local Government Commission (LGC) defined available "Fund Balance" as total Fund Balance less any non -spendable items which were not in cash form, less items restricted by State Statute. She advised that the LGC used this calculation to compare Monroe to other units. In looking at the Fund Balance position for the General Fund, Ms. Watts advised that the City had a Fund Balance which was $28.5 million, less non -spendable items of $826,000, less items restricted by State statute of $5.5 million and an available Fund Balance of $22.2 million. She advised that this was an increase in available Fund Balance of $1.4 million. Ms. Watts advised that the increase of $1.4 million in Fund Balance was attributed to increases of $922,000 to property taxes due to an increase in total assessed less a $2.2 million increase in public safety expenditures due to three fire trucks capitalized during the year plus a $3 million increase to transfers out to the Capital Projects Fund related to the Center Theatre which was done in Fiscal year 2017. Ms. Watts advised that the revenues for the General Fund were $36.1 million. She advised that of these total revenues, property taxes were at 59%, sales and services at 7%, unrestricted intergovernmental of 28%, restricted intergovernmental revenues were at 5% and other revenues at 1%. Ms. Watts stated that property taxes were $21.1million (about a 5% increase). She advised that unrestricted governmental revenues were $9.9 million. Under sales and services, Ms. Watts (6w" advised that this was $2.5 million (about an 11% increase) due to new technology fees. With regard to expenditures for the General Fund, Ms. Watts advised that was 34.3 million. She advised that of these expenditures, Public Safety was 61%, culture and recreation was 15%, General Government was 12%, transportation was 9% and debt services was 3%. In discussing General Government Expenditures, Ms. Watts advised that this was at $3.6 million which was a decrease of about 8% which was due to decreases in capital outlay. She advised that transportation was $2.9 million which was about a 9% decrease due to decreases in capital outlay. Ms. Watts advised that Public Safety had expenditures of $21.1 million which was about a 12% increase due to the fire trucks capitalized in Fiscal Year 2018. She advised that Culture and Recreation had a 14% increase up to $5.1 million due to increases in capital outlay. With regard to Enterprise Funds, Ms. Watts advised that the Water and Sewer Fund had an unrestricted net position of $33.3 million, an operating income of $5.7 million and unrestricted cash of $38.7 million. She stated that the Electric Fund had an unrestricted net position of $50.2 million, an operating income of $3.8 million, cash flow from operations of $5.3 million and unrestricted cash of $43.6 million. With regard to the Natural Gas Fund, Ms. Watts advised that the unrestricted net position was $25.3 million, an operating income of $5.6 million, cash flow from operations of $8.4 million and unrestricted cash of just over $27 million. City Council Regular Meeting January 8, 2019 Page 38 In reviewing the Airport Fund, Ms. Watts advised that there was an unrestricted net position of $789,000, an operating loss of $1.3 million, cash flow from operations of $622,000 and unrestricted cash of $3 million. Ms. Watts advised that the non -major Enterprise Funds (Aquatics and Fitness Center, Stormwater and Solid Waste) had an unrestricted net position of $2 million, an operating income of $253,000, cash flow from operations of $679,999 and unrestricted cash of $5.2 million. Ms. Watts advised that for Fiscal Year 2018, the City implemented Governmental Accounting Standards Board (GASB) 75 which was a new standard that affected the report on the Other Post - Employment Benefits (OPEB). She advised that this had a significant impact on net position in the governmental activities, business -type activities and the Enterprise Funds. Ms. Watts advised that in previous years, this liability was amortized over a 30 -year period but due to the new 4r reporting standard, the entire liability was recorded on the financial statements. Council Member Anthony asked Ms. Watts to identify what the "other revenues at 1%" under General Fund included. Ms. Watts advised that this would include other taxes, licenses, investment earnings and miscellaneous revenues. Council Member Jordan asked Staff what year of the auditing contract was the City in with Martin, Starnes. Finance Director Lisa Strickland advised that this was the City's sixth year contracting with Martin Starnes. She advised that the City did a five year continuation in the spring of 2018. Item No. 12. Natural Gas Main Extension and Contribution in Aid of Construction. Energy Services Director Don Mitchell advised that this was a request to consider an agreement with Edwards Wood Products formalizing a Contribution in Aid of Construction for extending Natural Gas facilities to serve Edwards Wood Products, Inc. facilities in Marshville and eastern Union County. Mr. Mitchell advised that Edwards Wood Products, Inc. was founded in 1969 and produced pallets, green and kiln dried lumber, chips, mulch, crane mats, bridge mats, pipeline skids, switch ties and cross -ties. He advised that they were one of the largest manufacturers of pallets in the southeast producing upwards of 120,000 per week. In addition to pallets, Mr. Mitchell advised that Edwards Wood Products, Inc. produced high grade hardwood lumber for domestic and overseas markets at a rate of 2,500,000 board feet per week. He advised that Edwards Wood Products, Inc. currently uses wood chips and propane as fuel for drying and kiln operations. He advised that the company was considering the installation of natural gas fired boilers at their Marshville and eastern Union County facilities. Mr. Mitchell advised that the annual estimated natural gas usage for these boilers was 697,418 ccf. To serve these facilities, he advised that the City would need to install 8,756 ft. of 6 -inch polyethylene pipe and 36,104 ft. of 4 -inch polyethylene pipe. Mr. Mitchell advised that the labor, material and other costs to install these facilities was estimated to be $1,255,909. He advised that City Council Regular Meeting January 8, 2019 Page 39 the estimated natural gas usage did not produce sufficient revenues to meet the City's eight-year payback; thus, a contribution in aid to construction of $71,032 was required for the gas line project to proceed. Mr. Mitchell advised that Union County planned to obligate up to $100,000 from an infrastructure grant program to pay the contribution in aid to construction on behalf of Edwards Wood Products, Inc. He advised that this required approval by the Union County Board of County Commissioners and was planned to be discussed at their February 2019 Meeting. Mr. Mitchell advised that Staff presented this item to the Public Enterprise Committee on December 18, 2018. However, due to the lack of a quorum, the matter was presented as information only. Mr. Mitchell advised that it was the recommendation of Staff that Council approve a Memorandum of Understanding (MOU) with Edwards Wood Products, Inc. concerning the contribution in aid to �r construction totaling $71,032 to be paid by Union County, authorize the City Manager to execute the MOU and adopt a Capital Project Budget Ordinance in the amount of $1,255,909 to establish a capital project to construct natural gas facilities to serve Edwards Wood Products. He advised that funds were available in the Natural Gas Fund Balance to allow the establishment of this capital proj ect. Council Member Jordan asked if there would be opportunities for the City to work with other business or residential customers in the Marshville area for them to be able to tap into the natural gas line if the City moved forward with the project. Mr. Mitchell advised that whole length of Highway 74 would be extended through Marshville so any business or resident located along this path would be able to tap the line and be served. He advised that Olive Branch Road extension would have a line through that portion of Marshville and anyone along that path would also be able to tap the line. Mr. Mitchell advised that this would also put the City in a situation to continue the eight-year payback for other projects that came along. He stated that he envisioned this being a way that Marshville ended up being fully served with natural gas. Mr. Mitchell stated that once this was in place, there would be other small projects where the City would serve a school or a group of homes that wanted natural gas. He stated that this would basically be the same way that the City had expanded a lot of the other natural gas systems whereby a main line went into an area and the eight-year payback period would be made to make extension off the line to serve other areas. Council Member Jordan asked if there had been any inquiries from the school system about extending natural gas to Marshville Elementary. Mr. Mitchell advised that there had not been a request. He stated that what the City had seen with the school system in other places was that once natural gas was close enough, they made the effort to convert their heating systems to use natural gas. With regard to the contribution from the Union County Board of Commissioners, Council Member Jordan asked Staff if they foresaw the contribution being limited in anyway with any kind of interest that they might have in that area or was it just a contribution that they would make. City Council Regular Meeting January 8, 2019 Page 40 Mr. Mitchell stated that it was his understanding that this was just a grant to the City to offset the 4 cost that Edwards would otherwise have to pay. Council Member Anthony asked what the procedure was for someone wanting to tap into the gas line. Mr. Mitchell advised that an application would be made through the City's Customer Service division. A. Memorandum of Understanding with Edwards Wood Products, Inc Council Member Anthony moved to approve the Memorandum of Understanding with Edwards Wood Products, Inc. for the Natural Gas Main Extension and Contribution in Aid of Construction: MEMORANDUM OF UNDERSTANDING NATURAL GAS MAIN EXTENSION This AGREEMENT entered into this 81 day of January, 2019 between the City of Monroe ("City") P.O. Box 69, Monroe, NC 28111 and Edwards Wood Products, Inc. ("Customer") P.O. Box 219, Marshville, NC 28103; WHEREAS, the Customer is desirous of natural gas service; and WHEREAS, the City owns and operates a system for the sale of natural gas pursuant to the authority of its Charter from the State of North Carolina; and (400., WHEREAS, the City is willing to construct, maintain a natural gas main extension to serve natural gas to the Customer in return for certain commitments by the Customer to the City; and NOW, THEREFORE, in consideration of the mutual representations, covenants, benefits to be derived, and agreements contained herein and hereinafter set forth, the City and Customer agree as follows: 1. The City agrees to deliver and sell natural gas to the Customer and the Customer agrees to purchase and receive its fuel requirements at the outlet side of the City's meters (the Point of Delivery) at the following locations: („ I. Parcel Number 02018017 618 Curtis Lane Marshville, NC 28103 II. Parcel Number 02080001 2215 Old Lawyers Road Marshville, NC 28103 2. The provisions of this Contract and natural gas service are subject to present and future versions of The City of Monroe Fee Schedule Ordinance, The City of Monroe Natural Gas Division General Rules and Regulations, other applicable regulations of the City, and all other duly constituted authorities having jurisdiction. 3. The City agrees to construct natural gas distribution mains from the current end of the gas system to the two (2) Point of Delivery locations of the Customer. The construction includes distribution City Council Regular Meeting January 8, 2019 Page 41 mains, service lines, and meter sets at the Customer's Points of Delivery. The natural gas distribution mains will be approximately 8,756' of 6" HDPE and 36,104' of 4" HDPE and associates valves, fittings, etc. The Customer will be responsible for all customer piping beyond the outlet of the City's meter at the sites. The City will bear the entire cost of the construction of the natural gas distribution mains based on a revenue payback period of eight (8) years. 4. The eight (8) year period for revenue analysis commences at the completion date of the construction and ends at midnight on the last day seven (7) years from the completion date. The costs are in dollars and usage is in ccf, ccf is a volumetric measure of natural gas usage in hundred cubic feet. 5. The estimated construction cost for labor and materials is $1,255,909. The Customer has supplied estimated natural gas usage of 697,418 ccf. The estimated usage will not meet the eight (8) year revenue requirement. A contribution -in -aid to meet the eight (8) year revenue requirement is required. The contribution -in -aid amount is $71,032. It is understood that Union County has agreed 4 to obligate an amount up to $100,000 from an infrastructure grant program to fund this expense. The contribution -in -aid shall be paid prior to the City beginning engineering and construction of the project. 6. The Customer agrees to consume the minimal usage of natural gas to fulfill the eight (8) year revenue requirement or a true -up contribution will be required. 7. The true -up contribution will be calculated based on the estimated construction cost of the distribution gas main extensions and the actual usage along the natural gas distribution mains. 8. The City and the Customer agree that additional customers may obtain service from the City from the distribution natural gas mains to be installed to serve the Customer. The usage of the additional customers will count toward the usage required for the eight (8) year revenue requirement. 9. If the usage to meet the revenue requirement is fulfilled by the Customer and the additional customers that obtain service along the distribution natural gas mains, there will be no true -up contribution required. If the usage to meet the revenue requirement is not fulfilled, the Customer will be responsible for the true -up contribution. The true -up contribution will be the usage required minus the actual usage of natural gas, at the applicable rate of the Customer at midnight of the last day of year seven (7). The true -up usage required to fulfill the revenue requirement is 697,418 ccf. 10. The contract duration shall be complete upon fulfillment of eight (8) year revenue and natural gas service will continue under The City of Monroe Fee Schedule Ordinance, The City of Monroe Natural Gas Division General Rules and Regulations, other applicable regulations of the City, and all other duly constituted authorities having jurisdiction. 11. Early termination of the contract will require the Customer to pay the true -up contribution if the construction of the distribution natural gas mains is complete or the actual justifiable cost spent at the date of contract termination. 12. Choice of Law and Forum. This contract shall be deemed made in Union County, North Carolina. This contract shall be governed by and construed in accordance with the law of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the appropriate division of the North Carolina General Court of Justice, in Union County. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section. 13. Indemnification. To the maximum extent allowed by law, the Customer shall defend, indemnify, and save harmless the City of Monroe, its agents, officers, and employees, from and against all City Council Regular Meeting January 8, 2019 Page 42 charges that arise in any manner from, in connection with, or out of this contract as a result of the negligent acts or omissions of the Customer or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable except for damage or injury caused by the negligence of the City its agents, officers, or employees. In performing its duties under this section, the Customer shall at its sole expense defend the City of Monroe, its agents, officers, and employees with legal counsel reasonably acceptable to City. As used in this subsection — "Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, expenses, interest, reasonable attorney's fees, and amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other environmental laws, regulations, ordinances, rules, or orders. Nothing in this section shall affect any warranties in favor of the City that are otherwise provided in or arise out of this contract. This section is in addition to and shall be construed separately from any other indemnification provisions that may be in this contract. This section shall remain in force despite termination of this contract (whether by expiration of the term or otherwise) and termination of the services of the Contract under this contract. 14. Waiver. No action or failure to act by the City shall constitute a waiver of any of its rights or remedies that arise out this contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 15. Performance of Government Functions. Nothing contained in this contract shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions. 16. E -Verify Requirement. The Customer shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if the Customer utilizes a contractor or subcontractor, in (600,e connection with this contract, the Customer shall require the contractor or subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. 17. Severability. If any provision of this contract shall be unenforceable, the remainder of this contract shall be enforceable to the extent permitted by law. 18. Assignment, Successors and Assigns. Without the City's written consent, the Customer shall not assign (which includes to delegate) any of its rights (including the right to payment) or duties that arise out this contract. Unless the City otherwise agrees in writing, the Customer and all assigns shall be subject to all of the City's defenses and shall be liable for all of the Customer's duties that arise out of this contract and all of the City's claims that arise out of this contract. Without granting the Customer the right to assign, it is agreed that the duties of the Customer that arise out of this contract shall be binding upon it and its heirs, personal representatives, successors, and assigns. 19. Modifications, Entire Agreement. A modification of this contract is not valid unless signed by both parties and otherwise in accordance with requirements of law. Further, a modification is not enforceable against the City unless the City Manager or other duly authorized official signs it for the City. This contract contains the entire agreement between the parties pertaining to the subject matter of this contract. With respect to that subject matter, there are no promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in this contract. IN WITNESS WHEREOF, the City of Monroe and the Customer have caused this contract to be executed under seal by their respective duly authorized agents or officers. City Council Regular Meeting January 8, 2019 Page 43 Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the Memorandum of Understanding for the Natural Gas Main Extension and Contribution in Aid of Construction. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Capital Proiect Budget Ordinance. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO -2019-01: CAPITAL PROJECT BUDGET ORDINANCE NATURAL GAS LINE EXTENSION TO EDWARDS WOOD PRODUCTS, INC. PROJECT BO -2019-01 WHEREAS, City of Monroe, North Carolina (the "City") has been approached by Edwards Wood Products, Inc. of Marshville, NC ( the "Customer" ) concerning extending natural gas service to customers facilities in Marshville and Eastern Union County; and, WHEREAS, it has been determined that net revenues from sale of natural gas to the Customer's facilities will not recover the construction cost for the line extensions within eight years unless the Customer agrees to pay a contribution in aid of construction in the amount of $71,032.00; and, WHEREAS, the Customer through a separate Memorandum of Understanding has agreed to make a $71,032.00 contribution in aid to construction to provide an eight year recovery for construction cost of the project. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe transfers the following to capital project NG1903 for construction of natural gas lines to serve the Customer's facilities in Marshville and Eastern Union County. Natural Gas Fund: Revenue: Appropriation of Fund Balance $1,184,877 Customer Contribution $71,032 Expense: Transfer to Capital Project Fund $1,255,909 Natural Gas Capital Project Fund: Revenue: City Council Regular Meeting January 8, 2019 Page 44 A taw A Transfer from Natural Gas Fund $1,255,909 Expense: Project Costs $1,255,909 Adopted this 81' day of January, 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 13. Public Comment Period. There were no speakers. There being no further business, Council Member Anthony moved to adjourn the City Council Regular Meeting of January 8, 2019 at 6:40 p.m. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Attest: r Bridgette H. Robinson, City Clerk�� L City Council Regular Meeting January 8, 2019 Page 45 �6—bby G. Kilgor , Mayor