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09/16/2008 Regular City Council Meeting i CITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 SEPTEMBER 16 2008 - 6.30 P.M. AGENDA www.monroenc.or~ 1. Recognitions A. August 2008 Citizen Recycling Incentive Awards Program B. Promotion of Beth Annette Greene to Lieutenant I C. Promotion of Phillip Gabriel Broome to Sergeant D. Promotion of Perry Daniel Caskey, Jr. to Sergeant E. Promotion of Jason Bradley Evans to Sergeant i i - 2. City Manager Comments A. Firefighters' Memorial Dedication I B. Industry Appreciation Day C. Employee Appreciation Day D. Dedication of P.E. Bazemore Drive E. "Music on Main" F. City of Monroe Website Update G. LC.M.A. Annual Conference H. Electricities' Board Meeting and North Carolina Planning Associations' Annual Meeting I. Employee Recognitions - Maribel Andon and Michele Williams i 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 with consent of Council. The Consent Agenda contains the following items: 3. Approval/Acceptance of Minutes and Staff Reports A. Minutes of City Council Strategic Planning Meeting of September 2, 2008 B. Minutes of Regular City Council Meeting of September 2, 2008 C. Minutes of Land Development Committee Meeting of June 26, 2008 D. Minutes of Board of Adjustment Meetings of July 10, 2008 and July 24, 2008 E. Draft Minutes of Planning Board Meeting of September 3, 2008 F. Minutes of Customer Service Committee Meetings of May 12, 2008 and August 11, 2008 G. Minutes of Special Finance Committee Meeting of June 3, 2008 i H. City Financial Reports j Regulaz City Council Meeting September 16, 2008 Page 129 I. Summary of Contracts Awarded, Change Orders Approved, and City Manager Settlement of Claims 4. Ordinances A. Amending Chapter 75: Traffic Code -Traffic Schedules -Speed Limits of the City of Monroe Code of Ordinances B. Amending Standard Specifications and Detail Manual C. Amending Section 5: Residential Utility Deposits of the City of Monroe Fees Schedule 5. Resolution Approving the Issuance of Certificates of Participation (COPS) and Calling for Public Hearing to be Held on October 7, 2008 to Authorize the Filing of an Application with the Local Government Commission to Finance the Purchase and Installation of Gas Pipeline 6. Call for Public Hearing to be Held October 7, 2008 to Consider a Zoning Map Amendment Request by Tesha McBeth for Property Located at 309 Lancaster Avenue from R-10 (High Density Residential) to Conditional District "309 Lancaster Avenue" 7. Lake Lee Raw Water Main Replacement A. Budget Ordinance B. Award of Contract I 8. Award of Contract for 2008 Summer Asphalt Paving Program 9. Award of Bid for Borrow Site "A" at Charlotte-Monroe Executive Airport ' 10 Amendment to Interlocal Agreement with Town of Midland 11. Amendment to Interlocal Agreement with Town of Mooresville 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. ~I 12. Intent to Close the At-Grade Railroad Crossing at Normand Street A. Public Hearing -Continued Until October 21, 2008 13. Intent to Abandon a Portion of the Unopened Right-of--Way of Iceman Street Extension A. Public Hearing Regulaz City Council Meeting September 16, 2008 Page 130 i B. Action -Resolution Abandoning Portion of Unopened Right-of--Way 14. Zoning Text Amendment Request to Amend the Unified Development Ordinance to Add a Flood Damage Prevention Section A. Public Hearing B. Action -Ordinance Amending Title XV, Chapter 156 of Zoning Code 15. Wi-Fi Service in Downtown Monroe 16. Designation of Voting and Alternate Voting Delegate for 2008 North Carolina League of Municipalities' Annual Business Meeting 17. Public Comment Period 18. Centralina Council of Governments' Recycling Work Group I I ~I i I i Regular City Council Meeting September 16, 2008 Page 131 CITY OF MONROE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 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 16, 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: Jim Loyd, Brian Borne, Davey Plyler, Joe Pressley, Heather Evans, Bradley Evans, Stacy Larson, Wendy Adams, Michele Shoultes, Chad Shoultes, Ginger Pope, Jane Helms, Bill Helms, David Morton, Mark Coan, Rhett Bolen, Bobby Haulk, Joe Greene, Helen Greene, Barney Malone, Ben Greene, Joe Plyler, Cris Carrion, Don Donahue, Charles Ray, Tom Brown, Mike Livin ston, Rand Adcock, Mark Greene, Travis Furr, Fulta Hilliard, Ora Levingston, Valarie Belk, 1 John Tompkins, Teresa Payne, Jason deBruyn, Renee Hower, R. Hutchinson, T.E. McEntire, E. Hendricks, Forrest Sprouse, Jr., David Evatt, Jr., Tami Stout, Mike Fain, Nancy Miller, Gail Hicks, David Williams, Bobby Manus, Perry Caskey, Chris Helms, Bryan Gilliard, Debra Ann Steppe, Bruce Bounds, Don Mitchell, ~ D.B. Simpson, Dorothy Hood, Roy Lewis, Bessie Wilson, Pat Spence, Judy Wicker, Gabe Broome, Barbara Broome, James Mungo, Bengie Mullis, Judy Gay, Donnie Gay, Pam Adcock, Bertha Caskey, Roger Wilds, and others. ~i Mayor Kilgore called the Regular City Council Meeting of September 16, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognitions. I - A. August 2008 Citizen Recycling Incentive Awards Program. Mayor Kilgore recognized the winners of the Citizen Recycling Incentive Program Awards for August 2008: First Place ($200) -Debra Ann Steppe and Second Place ($100) -Rafael Ramirez. Ms. Steppe will compete with future monthly winners for the annual grand prize of $500 which is being provided by Allied Waste Industries in June 2009. i B. Promotion of Beth Annette Greene to Lieutenant. Mayor Kilgore administered the Oath ~ ~ of Office to Beth Annette Greene: Regulaz City Council Meeting September 16, 2008 Page 132 I ~ k i I ' I, Beth Annette Greene, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and' laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/Beth Annette Greene i C. Promotion of Phillip Gabriel Broome to Sergeant. Mayor Kilgore administered the Oath of Office to Phillip Gabriel Broome: I, Phillip Gabriel Broome, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that 1 will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/ Phillip Gabriel Broome D. Promotion of Perry Daniel Casket', Jr. to Sergeant. Mayor Kilgore administered the Oath of Office to Perry Daniel Casket', Jr.: I, Perry Daniel Casket'. Jr., do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution ' and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/ Perry Daniel Casket'. Jr. E. Promotion of Jason Bradley Evans to Sergeant. Mayor Kilgore administered the Oath of Office to Jason Bradley Evans: I, Jason Bradley Evans, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/Jason Bradley Evans Item No. 2. City Manager Comments. City Manager Meadows briefed Council on the following: Regulaz City Council Meeting ' September 16, 2008 Page 133 A. Firefighters' Memorial Dedication. City Manager Meadows thanked all departments that assisted with the firefighters' memorial dedication on September 11. B. Indust A reciation Da Cit Mana er Meadows advised that Industr A reciation ry pp v Y g Y pp Day was held on September 11 and was very successful with over 100 participants. He ~ expressed appreciation to the Economic Development department for their efforts in sponsoring the event. C. Employee Appreciation Day. The City's annual employee appreciation picnic will be held Saturday, September 20 from 12 Noon to 4:00 p.m. at Belk Tonawanda Park. i D. Dedication of P.E. Bazemore Drive. The dedication of P.E. Bazemore Drive will be held at Friendship Missionary Baptist Church located at the corner of P.E. Bazemore Drive (formerly Burke Street) and Brown Street on October 1 at 4:00 p.m. E. "Music on Main." On October 1, a concert featuring Billy Scott and The Prophets will be ~ held downtown as part of the Cycle North Carolina Bicycling Competition from 6:30 p.m. to 9:30 p.m. F. City of Monroe Website Update. Video is being shot throughout Monroe this week with regard to business industry, etc. and will be added to the city's website in the future. G. ICMA Annual Conference. City Manager Meadows will be attending the annual ICMA i Annual Conference in Richmond, Virginia September 21-24. 111 H. Electricities' Board Meeting and North Carolina Planning Associations' Annual Meeting. City Manager Meadows will be attending the Electricities' Board Meeting and the North Carolina Planning Association's Annual Meeting in Raleigh on September 26. I I. Employee Recognitions -Maribel Andon and Michele Williams. City Manager Meadows recognized Code Enforcement Officers II Maribel Andon and Michele Williams who were named North Carolina Inspectors of the Year as recognized by the North Carolina Association of Housing Code Officials. 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. ApnrovaVAcceptance of Minutes. Regulaz City Council Meeting September 16, 2008 Page 134 i A. Minutes of City Council Strategic .Planning Meeting of September 2, 2008. Council Member Smith moved to approve the Minutes of the Strategic City Council Planning Meeting of September 2, 2008. Mayor Pro Tem Bazemore 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 Regular City Council Meeting of September 2; 2008. Council Member Smith i moved to approve the Minutes of the Regular City Council Meeting of .September 2, 2008. Mayor Pro Tem Bazemore 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. Minutes of Land Development Committee Meeting of June 26, 2008. Minutes of the Land Development Committee Meeting of June 26, 2008 were received as information by Council. D. Minutes of Board of Adjustment Meetings of July 10, 2008 and July 24, 2008. Minutes of the Board of Adjustment Meetings of July 10, 2008 and July 24, 2008 were received as ~ information by Council. E. Draft Minutes of Planning Board Meeting of September 3, 2008. Draft Minutes of the I Planning Board Meeting of September 3, 2008 were received as information by Council. F. Minutes of Customer Service Committee Meetings of May 12, 2008 and August 11, 2008. Minutes of the Customer Service Committee Meetings of May 12, 2008 and August 11, 2008 were received as information by Council. G. Minutes of Special Finance Committee Meeting of June 3, 2008. Minutes of the Special Finance Committee Meeting of June 3, 2008 were received as information by Council. ' H. City Financial Reports. Finance and Administration Director Jim Fatland rovided Council p with financial reports. These were received as information of Council only and no action was required. I. Summa of Contracts Awarded Chan a Orders A roved and Ci Mana' r ry ~ pp tv ge Settlement of Claims. City Manager Meadows reported by memorandum the award of contracts pursuant to Ordinance 0-2001-17 and Change Orders approved pursuant to Resolution R-2000-76. There were no settlement of claims. Regulaz City Council Meeting September 16, 2008 ' Page 135 ~I Date Name Purpose FiscalIm act i f'~ Fund Amount ~ 7/29/08 Flight, Inc. Flight service for inspection of Natural Gas $4,999 natural gas pipeline Capital Pro' ects 7/30/08 Piedmont Flooring, Inc. Labor and materials for wrap Water *$800 around desk top for admin office at O s Center Resources 7/31/08 On-S ec En ineerin , PC 2008-09 Roadwa Testing General $10,000 I 7/31/08 Thermal Techniques For infrared scanning of electric Electric *$3,300 s stem 7/31/08 Boggs Paving, Inc. 10-Unit T-Hangar Airport $25,859 (Change Order) Capital Pro' ects 7/30/08 Hinson Mechanical Co. To provide repairs as necessary Monroe *$4,900 for all HVAC systems at MAFC Aquatic & I Fitness Ctr ~i 8/6/08 Leflers Electronics To provide repairs as necessary Monroe *$1,360 to fire and security systems Aquatic & Fitness Ctr ~ 8/6/08 Recreational Equipment, Inc. To provide- a climbing wall for *$1,146 the Halloween Festival in General - Downtown Monroe • (Main Street) 8/6/08 Quality Services Pre-qualification contract for *$4,999 Laboratories, Inc. annual maintenance services Electric 8/6/08 Smart, Inc. To provide preventative maint- Monroe *$4,970 enance on cardio equipment at Aquatic & Monroe Aquatics and Fitness Fitness Ctr Center 8/11/08 Keystone Manufacturing 2007 Electric Distribution $15,400 (Booth & Associates) S stem U rade Electric ~ 8/11/08 C J Hodge Enterprizes, Inc. North Loop Expansion Natural Gas $<5,645> (Change Order #1) Capital Pro'ects 8/11/08 C J Hodge Enterprizes, Inc. North Loop Expansion Natural Gas $20,050 ' ~ (Change Order #2) Capital Pro'ects 8/11/08 O.R. Colan Associates Property acquisition -Runway Airport $40,500 Protection Zone Capital I Pro' ects ' 8/13/08 Stallings Salvage, Inc. To install new the in office and *$2,564 front entrance at Winchester General G m 8/13/08 Kraft Power Corp. To provide emergency repairs as *$2,000 needed on all Ci generators General i i 8/13/08 Kraft Power Corp. To provide preventative $2,795 maintenance on all City General generators 8/20/08 Paddock Construction To provide repairs necessary to Monroe *$1,000 the ool, whirl ool, or an ool A uatic & Regular City Council Meeting September 16, 2008 Page 136 I Date Name Purpose FiscalIm act Fund Amount equipment at the Monroe Fitness Ctr ~ A uatics and Fitness Center 8/21/08 Harrell's, Inc. Fertilization of golf course at General $10,402 MCC 8/27/08 Air Cleaning Specialists, Inc. Service contract for *$3,380 maintenance of plymovent General s stems at Station 1, 2, 3, & 5 8/27/08 CSX Railroad Encroachment permit for Lake W&S *$4,375 k Lee Raw Water Main project Capital Pro' ects 8/29/08 Charlotte Crane Service, Co., Annual crane and wrecker Water *$2,000 Inc. services for the Wastewater Treatment Plan Resources - *Approved by Department Director Total $161,154 Item No. 4. Ordinances. A. Amending Chapter 75: Traffic Code -Traffic Schedules -Sneed Limits of the City of Monroe Code of Ordinances. Engineering Director Jim Loyd advised by memorandum that requests were received to lower the speed limits on Mackenzie Lane (off Old Charlotte Avenue) and Rushing Street (from Welsh Avenue to Craig Street off Franklin Street) to 25 mph. These areas are currently not posted. Each resident making the request had similar concerns about the i high speeds and the safety of their neighborhoods. Since all streets in question are residential in ~ nature, staff recommended that Council adopt an Ordinance reducing the speed limit on ~ MacKenzie Lane and on Rushing Street (from Welsh Avenue to Craig Street) from 35 mph to 25 mph. Council Member Smith moved to adopt Ordinance 0-2008-38: ORDINANCE TO AMEND TITLE VII, CHAPTER 75: TRAFFIC SCHEDULES OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-38 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 S eed Limits - Cit Maintained Streets ~ ) p Y ADD: ~ STREET NAME DESCRIPTION -SPEED LIMIT MacKenzie Lane Entire Length 25 Rushing Street From Welsh Avenue to Craig Street 25 Adopted this 16`" day of September, 2008. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: Regulaz City Council Meeting September 16, 2008 Page 137 L AYES: Council Members Ashcraft, .Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Amending Standard Specifications and Detail Manual. Engineering Director Loyd advised by memorandum that on July 15 Council adopted Ordinance 0-2008-18 amending the City of Monroe Standard Specifications and Detail Manual. The amendment consisted of updates to Division 01.00 through Division 08.00. Staff advised that Division 08.00 Roadway/Storm Drainage Details, Detail 03.10.01-Block and Gravel Stone Inlet Sediment Filter and Detail 03.14.01-Gravel and Rip Rap Filter Berm Basin (Existing Pipe Inverts) are no longer accepted practice for erosion control by the NC Division of Land Quality and, therefore, need to be deleted from the Manual. Staff recommended that Council adopt an Ordinance amending the City of Monroe Standard Specifications and Detail Manual to delete Detail 03.10.01 and Detai103.14.01. Council Member Smith moved to adopt Ordinance 0-2008-37: ORDINANCE TO AMEND THE CITY OF MONROE STANDARD SPECIFICATIONS AND DETAIL MANUAL 0-2008-37 ' WHEREAS, on July 15, 2008 City Council approved Ordinance 0-2008-18 amending the City of Monroe Standard Specifications and Detail Manual. The amendment consisted of updates to Division 01.00 through Division 08.00; and, I WHEREAS, the Engineering Department Staff found two detail items had been inadvertently ' omitted from the previous update; and, WHEREAS, the details are no longer accepted practice for erosion control by the NC Division of Land Quality and need to be deleted from the Manual. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Standard Specifications and Detail Manual be amended as follows: DELETE: Detai103.10.01 Block and Gravel Stone Inlet Sediment Filter Detai103.14.01 Gravel and Rip Rap Filter Berm Basin (Existing Pipe Inverts) Adopted this 16~' day of September, 2008. Mayor Pro Tem Bazemore 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 16, 2008 Page 138 i C. Amending Section 5: Residential Utility Deposits of the City of Monroe Fees Schedule. Customer Service Supervisor Dawn Whitesides advised by memorandum that the current Fees Schedule directs staff to bill a deposit equal to two times the average monthly bill of a residential customer whose credit history has deteriorated to "not good" status. Staff recommended that Council adopt an Ordinance amending the Fees Schedule to require a deposit equal to the base deposit per service at the location and not billing a deposit equal to two times the average monthly bill of the residential customer. Instead of collecting additional deposit monies from the customers, staff would prefer customer monies be paid toward actual utility bills. Council Member Smith moved to adopt Ordinance 0-2008-39: ORDINANCE TO AMEND CHAPTER I: ADMINISTRATIVE OF THE FEES SCHEDULES OF THE CITY OF MONROE 0-2008-39 - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT THE CITY OF MONROE FEES SCHEDULE IS HEREBY AMENDED AS FOLLOWS: Section 1. CHAPTER I. ADMINISTRATIVE ARTICLE A. MISCELLANEOUS Section 5. Residential Utility Deposits. - xaDescri tion. ~ _ `Fee". , All-Electric $200 Electric $150 Gas $150 Sewer $25 Sewer Only -Inside Rates $35 Sewer Onl -Outside Rates $70 Water $25 Section 2. This Ordinance shall be effective upon adoption. I' Adopted this 16~' day of September, 2008. Mayor Pro Tem Bazemore 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 Approving the Issuance of Certificates of Participation (COPS) and Calling for Public Hearin;? to be Held' on October 7, 2008 to Authorize the Filing of an - Application with the Local Government Commission to Finance the Purchase and Installation of Gas Pipeline. Energy Services Director Don Mitchell, City Attorney Terry Regulaz City Council Meeting September 16, 2008 Page 139 i i Sholar, and .Finance and Administration Director Jim Fatland advised by memorandum that on August 6, Heath and Associates, Inc. received bids for natural gas pipe for the Energy Services Department. Bids for the installation of the pipe are scheduled for October 27, 2008. The gas I. line project consists of a 12-inch, 43 mile natural gas transmission line. Staff advised that the Local Government Commission will consider a royal for the ro osed fi nancin at their Pp p p g November 4, 2008 regularly scheduled meeting. Staff recommended that Council adopt a Resolution approving the issuance of Certificates of Participation (COPS) and calling for a public hearing to be held on October 7, 2008 to authorize the filing of an application with the Local Government Commission to finance the purchase and installation of the gas pipeline. Council Member Smith moved to adopt Resolution R-2008-90 and call for a public hearing to be held on October 7, 2008 at 6:30 p.m.: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONROE, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING AGREEMENT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH R-2008-90 ~ I I. UNDERTAKINGS ' WHEREAS, the City Council (the "Council") of the City of Monroe, North Carolina (the "City"), desires to provide for design, the acquisition, construction and installation of an approximately 43 mile, 12" diameter steel gas transmission line from the Transcontinental Pipeline ~ Corporation ("Transco") interstate natural gas pipeline in southeast Iredell County through the western part of Cabarrus County and to north central Union County to a delivery point for the City's natural ~ gas distribution system (the "Project"); and WHEREAS, the Council now proposes to finance the Project through an installment financing agreement (the "Agreement") with Monroe Public Facilities Corporation, a to be formed North Carolina nonprofit corporation (the "Corporation"), obligating the City to repay in installments the amount financed at a fixed annual interest rate of not.-more than 6.0% on atax-exempt basis and 7.0% on a taxable basis over a term not exceeding 30 years, resulting in a total amount financed not to exceed $42,000,000 (excluding costs of delivery); and T WHEREAS, pursuant to N.C.G.S. Section 160A-20, the City is authorized to finance the design, acquisition, construction and equipping of the Project by entering into the Agreement and a security agreement (the "Security Agreement") that create in certain personal property and fixtures of the Project a security interest to secure payment of the obligation thereby created; and WHEREAS, subject to the prior approval of the Local Government Commission of North Carolina (the "LGC") pursuant to N.C.G.S. Section 159-148, the City intends to finance the cost of the I Project pursuant to N.C.G.S. Section 160A-20 by executing and delivering to the Corporation or other financing entity the Agreement providing for the financing of a principal amount not to exceed $42,000,000 (excluding costs of delivery); and Regular City Council Meeting I September 16, 2008 Page 140 II. UNDERTAHINGS NECESSARY WHEREAS, the City staff has advised the Council, and the Council hereby finds and determines, that the City must design, acquire, construct and. install the Project in order to maintain and enhance the City's natural gas system to enable the City to perform its public functions, and that the Project ~ will benefit the City and its residents; and WHEREAS, a public hearing must be held to receive public comment on the desirability of installment financing for the Project, -and the Council received evidence supporting the need for such financing; and WHEREAS, the Council finds and determines that the undertakings are necessary and expedient ~ for the aforesaid reasons and that the Project be financed under the terms, conditions and parameters heretofore stated and to be further determined with more particularity at a later date; and t III.. FUNDS NOT EXCESSIVE WHEREAS, the sums to fall due under the Agreement can be included in the City's budget without difficulty; and WHEREAS, the above factors lead to the conclusion that the payments under the Agreement are not excessive for the stated purposes of designing, acquiring, constructing and installing the Project; and IV. TRANSACTION A PUBLIC PURPOSE WHEREAS, the City Attorney has advised the City that the Project are authorized by law and are purposes for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina; and V. INSTALLMENT PURCHASE FINANCING DESIRABLE WHEREAS, the Council finds and determines that short term or pay-as-you-go financing for the Project would place strains on the City's ability to fund general- operations without a significant tax increase; and WHEREAS, use of the City's unobligated fund balance to finance the Project would reduce the fund below the guideline established by the LGC and would not be in the City's best interest; and WHEREAS, the use of non-voted debt would not provide sufficient funds to complete the Project in a timely manner; and i WHEREAS, although the cost of financing under the proposed Agreement is greater than the cost ~ of general obligation bond financing, installment agreement financing would be preferable to general obligation bond financing because a general obligation bond authorization probably could not be perfected in a timely manner and would not permit the alternative financing structures and repayment provisions available in the proposed negotiated installment agreement financing; and WHEREAS, the proposed cost of financing the Project. is too great an amount to be funded by current appropriations; and i WHEREAS, the Council finds and determines that installment agreement financing is therefore the most viable and efficient alternative and that the cost of such financing is reasonable; and Regular City Council Meeting I September 16, 2008 Page 141 - I VI. COMPLIANCE WITH DEBT MANAGEMENT CONTROLS WHEREAS, past audit reports of the City indicate that its debt management and Agreement obligations payment policies have been carried out in strict compliance with the law and the City has not been censured by the LGC, external auditors, or any other regulatory agencies in connection with such management; and I VII. ESTIMATED TAX INCREASE WHEREAS, the Council estimates that the City's ad valorem tax rate will not be significantly increased in order to sustain the proposed financing; and VIII. NO DEFAULT ` WHEREAS, the City is not in default in meeting any of its debt service or contract obligations; and IX. APPLICATION WHEREAS, it is the Council's intention to adopt this Resolution for the purpose of authorizing the design, acquisition, construction and installation of the Project, making certain findings and determinations, approving the submission of an application for approval of the Agreement to the LGC and authorizing such other acts deemed necessary and advisable to carry out the design, acquisition, construction and installation of the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTfY OF MONROE, NORTH CAROLINA, as follows: i Section 1. The Mayor, the City Manager, the Assistant City Manager, the Finance Director, the City Attorney and the City Clerk are hereby authorized and directed on behalf of the City to proceed with the preparation of the Agreement providing for the financing of an amount not to exceed $42,000,000 (excluding costs of delivery) at an annual interest rate not to exceed 6.0% on atax-exempt basis and 7.0% on a taxable basis and a term not to exceed 30 years, and otherwise proceed with the plan of financing for the Project described at this meeting. Section 2. The Mayor, the City Manager, the Assistant City Manager, the Finance Director, the City Attorney and the City Clerk are hereby authorized and directed to submit an application for the LGC's approval of the Agreement pursuant to N.C.G.S. Section 160A-20 and Section 159-148, and to execute a sworn statement of debt of the City pursuant to N.C.G.S. Section 159-150, in connection with the financing of the Project. Section 3. The financing team of Dewey & LeBoeuf LLP, as special counsel, Banc of America Securities LLC as underwriter, Womble Carlyle Sandridge & Rice, PLLC, as underwriter's counsel, and Wells Fargo Bank, N.A., as trustee, is approved. Section 4. This Resolution shall become effective immediately upon its adoption and shall supersede any and all previous'resolutions regarding the design, acquisition, construction of the Project on an installment financing basis. Section 5. That a public hearing (the "Public Hearing") shall be conducted by the City Council on October 7, 2008 at 6:30 p.m. in City Hall Council Chambers, concerning the Agreement, Regulaz City Council Meeting September 16, 2008 Page 142 the Security Agreement, the proposed design, acquisition, construction and installation of ' the Project and-any other transactions contemplated therein and associated therewith. Section 6. The City Clerk is hereby directed to cause a notice of the Public Hearing to be published once in a qualified newspaper of general circulation within the City on September 26, 2008. Section 7. On motion of Council Member Smith, the foregoing resolution entitled "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONROE, NORTH CAROLINA, ~ AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING AGREEMENT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH" was duly adopted by the following vote: , AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore,. and Mayor Kilgore NAYS: None Mayor Pro Tem Bazemore 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. Call for Public Hearm~ to be held October 7, 2008 to Consider a Zoning Map Amendment Request by Tesha McBeth for Property Located at 309 Lancaster Avenue from R-10 (High Density Residential) to Conditional District "309 Lancaster Avenue". Council Member Smith moved to call for a public hearing to be held on October 7, 2008 at 6:30 p.m. to consider this request. Mayor Pro Tem Bazemore 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. Lake Lee Raw Water Main Replacement. Water Resources Director Russ i, Colbath advised by memorandum that the Water Resources Department received formal bids on August 14 for construction of the Lake Lee raw water main replacement. The raw water main replacement. will allow the abandonment of the 1929 vintage cast iron raw water main still in service today that is used for transferring water from Lake Lee to Lake Twitty, thereby improving service reliability and capacity. Mr. Colbath advised that that it will also eliminate cost liability for moving the existing raw water main when the 601 North roadway widening occurs. Finally, the project will make City water rights more secure by eliminating potential riparian water users along Stewart Creek from using water pumped by the City. Mr. Colbath reported that the project consisted of approximately 15,000 linear feet of 18 inch raw water main with all associated appurtenances. The contract period for the project is 260 Regular City Council Meeting September 16, 2008 I Page 143 ~ ~ i i i days. Staff has been successful in acquiring eight of the ten required utility easements. Mr. Colbath advised that the two outstanding easements are being appraised and staff is working with the City Attorney to ensure they can be acquired without delaying the project. He advised that j any required condemnation actions will be brought to City Council in the next month. Mr. Colbath advised that on June 20, 2006, Council authorized a total project budget of $1.1 million from the Water/Sewer Fund based on the preliminary cost estimate for the project. He advised that rapid inflation in the construction market requires a revised Capital Budget Ordinance and financing strategy for the project. The summary of costs needed to finish the project, including items already completed, are as follows: engineering and right-of--way - $120,000; pump station purchase - $139,000; and raw water main (w/ 2% contingency) - $1,956,500. Staff has negotiated with the low bidder and has modified the scope of contractor work to achieve cost savings. BRS, Inc. is prepared to perform the modified scope for $1,918,118.36. He advised that the changes include: revised river crossings to eliminate directional drilling of the water main and replace with open cut method (additional permitting will be completed prior ' to work); removal of two technical cased bores (CSX railroad and NCDOT at Walkup) that will be completed by City crews while staying within the allowable force account legal requirements; and revised technical specification for guaranteed cased boring and downsize casing and bore ' size at US Highway 74 crossing. Mr. Colbath advised that a Budget Ordinance was needed to revise the financing strategy to use proceeds from the Combined Enterprise System Revenue Bonds, Series 2008A, to fund the water 1 mam construct>on, easement acqul.srtl.on, and the pump replacement component of the project. ~ The total project budget has been adjusted to $2,215,500 to reflect all project costs. Staff recommended that Council adopt a Budget Ordinance amending the project and appropriating funds, award the contract bid for the Lake Lee Raw Water Main replacement.. to BRS, Inc., in the amount of $1,918,118, authorize a 2% contingency allowance for the project, authorize the City Manager to make contract changes up to this amount if needed, and to execute the contract on behalf of the City. A. Budget Ordinance. Council Member Smith moved to adopt Budget Ordinance BO-2008- 13: CAPITAL PROJECT BUDGET ORDINANCE !i LAKE LEE RAW WATER MAIN REPLACEMENT BO-2008-13 WHEREAS, the City desires to provide reliable, quality water service to the citizens of Monroe; and ~ WHEREAS, sections of the Lake Lee raw water main were installed in the 1920's and have ' reached the end of their useful service life; and WHEREAS, it is in the City's best interest to replace the Lake Lee raw water main; and Regular City Council Meeting September 16, 2008 Page 144 I WHEREAS, it is now in the City's best interest to use Bond financing proceeds to fund a portion of the project. i NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe amends the capital project budget for the project entitled "Lake Lee Raw Water Main Replacement" and appropriates the following revenues and expenses: As Amended Revenue: Proceeds From Financing $1,150,000 _ Transfer From Water and Sewer Fund $1,065,500 Expense: Project Costs $2,215,500 E BE IT FURTHER ORDAINED that an amendment to the Water and Sewer Fund Budget for FY 2008-2009 is approved to appropriate fund balance to transfer $1,065,500 to the Lake Lee Raw Water Main Replacement Capital Project Fund. Adopted this 16t" day of September, 2008. Mayor Pro Tem Bazemore 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. Award of Contract. Council Member Smith moved to award the contract bid for the Lake Lee Raw Water Main replacement to BRS, Inc.; in the amount of $1,918,118, authorize a 2% contingency allowance for the project, authorize the City Manager to make contract changes up to this amount if needed, .and to execute the contract on behalf of the City. Mayor Pro Tem Bazemore 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. Award of Contract for 2008 Summer Asphalt Paving Program. Engineering Director Loyd advised by memorandum that on August 29, sealed bids were received for the 2008 Summer Asphalt Paving Program, which includes resurfacing East Avenue from Stafford Street Extension to US 601 North and turn lane improvements to Rocky River Road at AeroPointe Industrial Park. Mr. Loyd advised that the low bid was submitted by Boggs Paving, Inc. in the amount of $215,328.50. He advised that the Engineering Department has worked with Boggs on a number of resurfacing projects in the past and feels the contractor has the qualifications to complete the work. The engineer's estimate for the project was $425,343.50. The Engineering Department had expected inflated asphalt prices due to several recent price increases and higher fuel costs, but this was not reflected in the bids. 1VIr. Loyd advised that the material prices per ton of asphalt had risen over 65% since February of this year, and this was reflected in the engineer's estimate. I Regular City Council Meeting September 16, 2008 ~ ~ Page 145 j I ii I The difference in the as halt line items alone account for a roximatel 150 000 diff r p pp y $ e ence between the engineer's estimate and the low bid. The contractor advised that the price of asphalt cement had dropped $50 a ton in the last month which had lowered the costs. A 10% contingency of $21,500 is recommended to cover possible change orders during the course of the work. Mr. Loyd advised that the 2008 Summer Asphalt Paving Program included a 10% goal for minority business participation which was: achieved by all of the bidders. The contract stipulates a construction period of 60 calendar days, with liquidated damages occurring at a rate of $500 per day thereafter. The East Avenue improvements total $139,452 and the Rocky River Road ~ turn lane improvements total $75,876.50. Staff also recommended that a material testing agency be hired to perform quality assurance testing of the work performed by the contractor. The estimated cost for this is $10,000. On-Spec Engineering, PC of Charlotte, aminority-owned business, will be retained by the Engineering Department to provide quality assurance testing. The firm has worked with the City of Monroe on past projects and will ensure that the resurfacing meets specifications. I Staff recommended that Council award the 2008 Summer Asphalt Paving Program to Boggs Paving, Inc. in the amount of $215,328.50, which includes a 10% contingency amount of $21,500 to cover possible change orders during the course of the work, and that Council authorize the City Manager to sign the contract and any future change orders within the contingency funds related to this project. Councll Member Smlth moved to award the 2008 Summer Asphalt Paving Program to Boggs Paving, Inc. in the amount of $215,328.50, which includes a 10% contingency amount of $21,500 to cover possible change orders during the course of the work, and authorize the City Manager to sign the contract and any future change orders within the contingency funds related to this project. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with i the following votes: ' AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 9. Award of Bid for Borrow Site "A" at Charlotte-Monroe Executive Airport. Director of Economic Development and Aviation Director Chris Plate advised by memorandum ' that the Charlotte-Monroe Executive Airport was moving forward with plans to grade a nine acre site located south of the airport terminal. He advised that the project will generate approximately ' 15,000 cubic yards of material which will be used on the future capital improvement project to extend the runway by 1,500 feet. Once graded, the area will be used for grassed aircraft parking during events at the airport with the ultimate goal for the area to be paved as additional apron space. Mr. Plate advised that the project should be completed in time for the Veterans Day event to be held on November 8 and 9, 2008. The total contract time for the project is 30 days with ~ ~ Notice to Proceed anticipated to be issued by the middle of September. Liquidated damages for - failure to complete within the contract time are $750 per calendar day. Regular City Council Meeting September 16, 2008 Page 146 Mr. Plate advised that the project was bid informally and three bidders are not required to open bids since the estimated cost is less than $500,000. Bids were received on August 28. CMI Contracting, Inc. is the apparent low bidder for the Borrow Site "A" project in the amount of $129,228. i Staff recommended that Council award the bid for the Borrow Site "A" Project to CMI Contracting, Inc. in the amount of $129,228, approve a contingency in the amount of $20,772 to cover change orders for the proposed improvements, and authorize the City Manager to enter into the contract agreement with CMI Contracting, Inc. on behalf of the City of Monroe along with future change orders as required to facilitate the project. Council Member Smith moved to award the bid for the Borrow Site "A" Project to CMI Contracting, Inc. in the amount of $129,228, approve a contingency in the amount of $20,772 to cover change orders for the proposed improvements, and authorize the City Manager to enter into the contract agreement with CMI Contracting, Inc. on behalf of the City of Monroe along with change orders as required to facilitate the project. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: ' AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None I Item No. 10. Amendment to Interlocal Agreement with Town of Midland. Energy Services Director Mitchell advised by memorandum that in October 2006, Council took action to approve an Interlocal Agreement with the Town of Midland to enter into a partnership with Midland to construct a natural gas pipeline from the Transcontinental pipeline in southern Iredell County to tie into Monroe's existing Natural Gas Distribution System. Since the initial approval of the Interlocal Agreement, Mr. Mitchell advised that Monroe has found items within the agreement ~ that needed further clarification or revision. Staff recommended that Council approve an Amendment to the Interlocal Agreement with the Town of Midland that addresses the items. The Town of Midland approved the amended agreement at their September 9, 2008 meeting. Council Member Smith moved to approve the Amendment to the Interlocal Agreement with the Town of Midland. Mayor Pro Tem Bazemore 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 Said Second Amendment to Interlocal Agreement with the Town of Midland is hereby f incorporated as a part of these Minutes as "Exhibit A." Regular City Council Meeting - September 16, 2008 Page 147 I Item No. 11. Amendment to Interlocal Agreement with Town of Mooresville. Energy Services Director Mitchell advised by memorandum that in October 2006, Council took action to approve an Interlocal Agreement with the town of Mooresville to enter into a partnership with - Mooresville to construct a natural gas pipeline from the Transcontinental pipeline in southern Iredell County to tie into Monroe's existing Natural Gas Distribution System. Since the initial approval of the Interlocal Agreement, both parties have found items within the agreement that needed further clarification or revision. Staff recommended that Council approve an Amendment to the Interlocal Agreement with the Town of Mooresville. The Town of Mooresville had already approved amended agreement. Council Member Smith moved to approve the Amendment to the Interlocal Agreement with the Town of Mooresville. Mayor Pro Tem Bazemore 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 Said Second Amendment to Interlocal Agreement with the Town of Mooresville is hereby i incorporated as a part of these Minutes as "Exhibit B." REGULAR AGENDA ttt~ Item No. 12. Intent to Close the At-Grade Railroad Crossing at Normand Street. A. Public Hearin. Mayor Kilgore opened the duly advertised public hearing. Engineering Director Loyd stated that the City of Monroe had been in discussion with CSX Transportation, Inc. since March 2007 regarding the closing of the at-grade railroad crossing at Normand Street. With the expansion of CSX's Charlotte Intermodal Terminal, Monroe will be experiencing longer trains passing through the corporate limits on their way to and from Charlotte. Trains coming through Monroe will increase from their current lengths of 5,000 feet to 7,000 feet, up to 10,000 feet. He advised that the trains currently come through in the middle of the night and this should not change with the increase in length. With the longer trains, and due to its proximity to the CSX rail yard, the Normand Street at-grade crossing will be blocked for periods of time and CSX is requesting to close the crossing to increase the safety and efficiency of their operations. Mr. Loyd stated that as an incentive for closing the railroad crossing and also to mitigate the impact of the longer trains, CSX has proposed a $17,000 financial incentive to help fund a video surveillance system, as well as to offset costs (i.e. legal advertisements, additional signs) associated with the closing of the Normand Street at-grade crossing. The City plans to install a ' video surveillance system starting with the Sutherland Avenue at-grade crossing to monitor the tracks for emergency response purposes, and later if the system is effective, install surveillance ~i equipment at the Johnson Street and the Icemorlee Street at-grade crossings. Mr. Loyd advised I~ Regular City Council Mee[ing September 16, 2008 Page 148 that the intent is to enhance response times by monitoring the crossings without blocked tracks i causing delays to emergency vehicles. Mr. Loyd advised that the public hearing was originally supposed to be held on August 16, 2008, but was continued since the local newspaper failed to run the Resolution of Intent for four successive weeks prior to the hearing date as required by General Statute 160A-299. The ~ I advertisement requirements of General Statute 160A-299 will be met with the fourth advertisement in the local paper on September 12 with ads previously ran on August 22 and 29, and September 5. In addition, Mr. Loyd advised that a copy of the Resolution of Intent to close the at-grade crossing to vehicular traffic was sent by certified mail to the adjoining property owners. Normand Street has also been posted in at least two places along the maintained right- of-way. Staff and the Transportation Committee recommended that Council adopt a Resolution permanently closing the at-grade railroad crossing at Normand Street and approve a Crossing I Closure Agreement with CSX Transportation. ~ Mr. Roy Lewis, 405 Normand Street, stated that he was opposed to the street closing because the neighborhood used the crossing to get to the -bank and other areas. He advised that area businesses also used the crossing for their delivery trucks to go through. He stated that if the street was closed, this would be an inconvenience to the neighborhood and they would have to go two to three miles out of their way to continue to access banks and shops on Highway 74. i Mr. James Mungo, 1307 Coakley Street, stated that the railroad crossing was approximately one and a half blocks from his home. He stated that he often goes to Urgent Care which is across the ~ railroad tracks and it took him approximately three minutes to get there but if Council closes the street, in addition to costing him extra time to get to Urgent Care, it will also cost extra gas. Mr. Mungo stated that he had resided in his home since 1975 and used the crossing frequently and he has not heard of any accident occurring and did not understand the safety concerns. He requested that Council deny the request to close the at-grade railroad crossing at Normand Street. Council Member Jordan stated that at the time the at-grade crossing was closed for the railroad on Morgan Mill Road, there was supposed to have been some type of improvement made to the intersection of Windsor Street and Morgan Mill Road near the bridge to provide a safer place for people to navigate because it is a dangerous intersection. He stated that he was not aware of these improvements ever being made. He personally felt that it was unfair for the City to close one at-grade crossing in the area and look at closing another one. Mayor Pro Tem Bazemore asked for the gain and/or loss by closing the at-grade crossing for the City or for the neighborhood. Engineering Director Loyd stated that this question would be better answered by a CSX representative; however, there was no representative present from CSX. Mr. Loyd advised that this was a safety issue by having longer trains and keeping the track blocked. Insofar as the City street system, the closing did not affect anything. He advised that there were available detour routes throughout the area. Staff did review this with the police and fire Regular City Council Meeting September 16, 2008 i Page 149 departments and they did not have any negative comments about closing the crossing. He advised that this would be an inconvenience to the adjacent property owners at times by not (`~ being able to use this route. Council Member Nash inquired as to whether a traffic count had been done on Normand Street. Mr. Loyd advised that he was unaware of a; traffic count being done on Normand Street; however, he felt there was a very low count since it just serves adjacent properties. Council Member Jordan stated that this crossing did provide a service to the neighborhood. Mayor Kilgore asked if the main reason for the requested closing was due to the longer trains. Mr. Loyd advised that was correct. Mayor Kilgore asked what was the purpose of the cameras. Mr. Loyd advised that the cameras were to provide a surveillance system which will be linked to the Internet so that if E-911 makes a call, a responding unit can be advised if a train is blocking a track so that they can change their route. Council Member Smith stated that no one appeared at the Transportation Committee meeting to discuss these issues; therefore, the Committee was not aware of these concerns. He recommended that staff contact adjoining property owners and advise them they can attend the next Transportation Committee meeting and voice additional concerns. The Transportation Committee meets the first Monday of every month at 2:00 p.m. in the City Hall Large B. Action -Motion to Continue Public Hearing until October 21, 2008. Council Member Smith made a motion to continue this public hearing until October 21, 2008 to allow a representative from CSX Transportation to be present to answer questions. 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. 13. Intent to Abandon a Portion of the Unopened Right-of-Way of Iceman Street Extension. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Engineering Director Loyd stated that staff had received a request from Union County Habitat for Humanity, Inc. to abandon approximately 90 feet of unopened Iceman Street Extension. General Statute 160A-299 provides that reasonable access, ingress and egress, must be maintained to adjoining properties. The current tax records show Manetta Mills, Inc. owning Tax Parcel 09-271-001 which would be landlocked. To address this concern, Habitat has acquired the property. If the abandonment is approved, Habitat intends to record a recombination plat, combining tax parcels 09-268-046B, 09-268-046C and 09-271-001 into one tax parcel, including the abandoned right- of-way. - Conference Room. Regular City Council Meeting September 16, 2008 Page 150 i Mr. Loyd advised that comments have been solicited from the directors of the various City departments. The only concern 'identified by both Planning and Engineering was maintaining access to the Manetta Mills property. He advised that with the acquisition of the property by Habitat, the concern has been addressed. Mr. Loyd advlsed that a copy of the Resolution of Intent to abandon approximately 90 feet of ' unopened right-of--way of Iceman Street Extension was sent by certified mail to the adjoining property owners, the street has been posted in at least two places along the maintained right-of- way, and the Resolution of Intent has been published once a week for four consecutive weeks prior to today's public hearing in accordance with the General Statutes. j The Technical Review Committee reviewed the abandonment request on June 18 with no additional questions or comments received. Staff and the Transportation Committee recommended that Council adopt a Resolution permanently abandoning approximately 90 feet of unopened right-of--way of Iceman Street Extension which is located off Icemorlee Street. With regard to a question concerning paving of the road, Ms. Valerie Belk of Habitat for Humanity stated that it was her understanding that the road will be paved from Icemorlee Street back to the house. There being no other speakers, Mayor Kilgore closed the public hearing. I B. Action -Resolution Abandoning Portion of Unopened Right-of-Way. Council Member Keziah moved to adopt Resolution R-2008-80: RESOLUTION TO ABANDON APORT-ION OF THE UNOPENED ' RIGHT-OF-WAY OF ICEMAN STREET EXTENSION R-2008-80 i WHEREAS, on the 19`h day of August, 2008 the City Council of the City of Monroe directed the City Clerk to publish the Resolution of Intent of the City Council to consider abandoning the hereinafter described portion of a 30 foot unopened right-of--way of Iceman Street Extension shown on i a plat recorded in Plat Book 3, Page 11 beginning at the rear lot line of now or formerly John L. Tompkins property recorded in Record Book 4227, Page 441 in the Union County Registry and extending in an southeasterly direction about 90.07 to the terminus of said street in the City of Monroe in a newspaper authorized to publish legal ads in the City of Monroe as required by statute, such - resolution advising to the public that a public hearing would be conducted on the question in the City of Monroe Council Chambers on September 16"', 2008 at 6:30 p.m.; and, WHEREAS, the City Council on the 19`h day of August, 2008, ordered the City Clerk to notify all persons owning property adjoining that portion of a 30 foot unopened right-of--way of Iceman Street Extension shown on a plat recorded in Plat Book 3, Page 11 between Blocks B and C and beginning at the rear lot line of now or formerly John L. Tompkins property recorded in Record Book 4227, Page 441 in the Union County Registry and extending in an southeasterly direction about 90.07 to the terminus of said street, as shown on the county tax records, by registered or certified mail, enclosing with such notification a copy of the Resolution of Intent; and, i WHEREAS, the City Clerk has advised the City Council that she caused the Resolution of Intent to be published once a week for four successive weeks prior to the hearing and that she sent a letter to each adjoining property owner advising them of the day, time, and place of the meeting, enclosing a Regular City Council Meeting September 16, 2008 Page 151 I M copy of the Resolution of Intent, and advising said abutting property owners that the question as to I ' abandoning that portion of a 30 foot unopened right-of--way of Iceman Street Extenston shown on a ~ plat recorded in Plat Book 3, Page 11 between Blocks B and C and beginning at the rear lot line of ' now or formerly John L. Tompkins property recorded in Record Book 4227, Page 441 in the Union County Registry and extending in an southeasterly direction about 90.07 to the terminus of said street would be acted upon, said letters having. been sent by registered or certified mail; and, i WHEREAS, the City Clerk has advised the City Council that adequate notices were posted in at least two places along on the applicable street as required by G.S. 160A-299; and, ~ i WHEREAS, a full and complete consideration of the matter was given in the public hearing held j on September 16a', 2008 after having granted a full and complete opportunity for all interested persons to appear and register any objections that they might have; and, ~ WHEREAS, it now appears to the satisfaction of the City Council that the abandoning of said' street is not contrary to the public interest, and that no individual owning property, either adjoining the street or in the vicinity of said street or in the subdivision in which said street is located, will, as a ~ result of said abandoning, be thereby deprived of a reasonable means of ingress and egress to his property. NOW, THEREFORE, that portion of a 30 foot unopened right-of--way of Iceman Street Extension shown on a plat recorded in Plat Book 3, Page 11 between Blocks B and C and beginning at the rear lot line of now or formerly John L. Tompkins property recorded in Record Book 4227, Page 441 in the Union County Registry and extending in an southeasterly direction about 90.07 to the terminus of said street and described as follows: i A portion of the unopened right-of--way known as Iceman Street Extension located and ' situated in the City of Monroe, Union County, North Carolina and being more particularly ' described on the attached Exhibit "A" is hereby ordered abandoned, pursuant to NCGS 160A- 299, save and except any and all public and private utility easements existing at the time of this action and all right, title, and interest that may be vested in the public to said area for street purposes is hereby terminated with title vesting as provided in 160A-299(c). j The City Clerk is hereby ordered and directed to file in the Office of the Register of Deeds of Union County a certified copy of this resolution and order. 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. 14. Zoning Text Amendment Request to Amend the Unified Development Ordinance to Add a Flood Damage Prevention Section. ' A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Assistant City Manager Wayne Herron stated that this was a recommendation for a zoning text amendment of the Unified Development Ordinance (UDO) in order to amend sections of the code that address floodways and flood plains. He advised that the City was required by the State to adopt the new Regulaz City Council Meeting September 16, 2008 Page 152 I I I Flood Insurance Rate Maps (FIRM's) by October 2008. These maps are utlhzed to determine !I whether or not properties are located in a flood zone. Mr. Herron advised that in coordination with the adoption of the new FIRM maps, the City is ~ i also required by the State to amend the UDO to establish a Flood Damage Reduction section. The City already has a Flood Mitigation Ordinance in place, but the State has developed a model that will have jurisdictions more uniform and in line with FEMA requirements. The adoption of this section will coincide with the adoption of the new FIRM maps. Mr. Herron stated that the purpose of both the new FIRM maps and the Flood Damage Reduction Ordinance was to promote public health and safety and to minimize public and private losses due to flood conditions within flood prone areas. The State has provided a model ordinance that is compliant with all FEMA and State flood lain mana ement re ulation . p g g s Staff has modified the model Ordinance to be consistent with our current requirements. In order to adopt the FIRM maps and to incorporate the Flood Damage Reduction Ordinance into the UDO, staff recommended various sections be modified. Staff, the Environment and Water Resources Committee, and the Planning Board recommended that Council adopt an Ordinance approving the zoning text amendment. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Ordinance Amending Title XV, Chapter 156 of Zoning Code. Council Member Ashcraft moved to adopt Ordinance 0-2008-32. Mayor Pro Tem Bazemore seconded the '~i 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 Said Ordinance 0-2008-32 is hereby incorporated as a part of these Minutes as "Exhibit C." Item No. 15. Wi-Fi Service in Downtown Monroe. Downtown Director Brian Borne stated that the free Wi-Fi outdoor service would be available in downtown Monroe with a monthly ~ subscription indoor service available to downtown businesses. Availability of Wi-Fi would provide Internet service to downtown businesses that are part of a "dead zone" where current providers are unable to accommodate business needs while offering an alternative to downtown businesses currently with service. Wildfire's package for free outdoor and subscription indoor service is $40,000 with the City of Monroe being the funding sponsor. Mr. Borne stated that the City was currently pursuing an agreement with Union County to install j the necessary equipment and infrastructure on the County building that would support Wi-Fi service. The City is seeking an agreement with Wildfire to attach to pole locations within downtown. I I Regular City Council Meeting September 16, 2008 Page 153 i Mr. Borne reported that approximately six locations were needed for installation of infrastructure and connection to utilities. The total cost for installation and connection is approximately $3,000 ~ and the annual recurring cost for utilities is projected at $1,800 for budget purposes. j I Mr. Borne reviewed the projected timeline for project completion: September 16, 2008-Review details with Council and receive authorization to proceed; October 31, 2008-determine ~ infrastructure locations and electric system connectivity; November 30, 2008-Approve contract with provider for service; and, January 1, 2009-Begin offering Wi-Fi in downtown Monroe. He advised that funds have already been set aside for this project. Staff and the Strategic Initiatives Committee recommended approval of free outdoor and indoor subscription Wi-Fi service to downtown and authorizing the City Manager to execute agreements. Council Member Smith requested that before a contract is approved that staff make available a copy of a map that shows what areas will be included. Mr. Bob Dunlap of WildFire answered additional questions of Council concerning the use of the service, and indicated that the municipal service district would be approximately the service area covered by the wi-fi signal. ~I Council Member Ashcraft moved to approve the free outdoor and indoor subscription Wi-Fi service to downtown and authorized the City Manager to execute agreements. 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 i n f otin and Alternate Votin Dele ate for 2008 North Carolina Item No. 16. Desi nat o o V League of Municipalities' Annual Business Meeting. Council Member Nash moved to appoint Mayor Kilgore as the Voting Delegate and Mayor Pro Tem Bazemore as the Alternate Voting Delegate to the North Carolina League of Municipalities' Annual Conference. Council Member Smith seconded the motion, which passed unanimously with the following votes: t AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 17. Public Comment Period. There were no speakers. Item No. 18. Centralina Council of Governments' Recycling Work Group. Council Member Nash advised that she had received notice from the Centralina Council of Governments that a Recycling Working Group had been established to study recycling in the region. The group will be looking at the environmental, economic, and sustainability impacts, as well as best Regular City Council Meeting September 16, 2008 Page 154 practices and cost effectiveness. The group will develop recommendations for ways in which the region may be able to work together to support and improve our regional recycling efforts. Council Member Nash advised that an Advisory Board, which will include elected and appointed officials in this region, is being recruited to direct and/or support this effort and requested input from Council insofar as a representative to participate. Following a brief discussion, Council Member Nash made a motion to designate Susan Osborne as the representative to participate on the Recycling Advisory Board. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None There being no further business, the Regular City Council Meeting of September 16, 2008 adjourned at 7:40 p.m. Attest: obb G. 'gore, i eJ lY1 S Bri gette H. Robinson, ity Clerk rxa. v . ~ ' CiA~°® Regular City Council Meeting September 16, 2008 Page 155 NORTH CAROLINA UNION COUNTY SEECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT TO INTERI.OCAL AGREEMENT entered into this the _ day of , 2008 by and between the CITY OF MONROE, a municipal corporation chartered under the laws of the State of North Carolina (hereafter "Monroe") and the TOWN OF MIDLAND, municipal corporation chartered under the laws of the State of North Carolina (hereafter "Midland"). WITNESSETH: WHEREAS on or about November 15, 2005, 'the Parties entered into an Interlocal Agreement to construct and operate a natural gas pipeline for the transportation of natural gas in Iredell, Cabarrus, and Union Counties; and WHEREAS on or about February 12, 2008, the Parties amended the Interlocal Agreement by the terms expressed therein; and WHEREAS, since executing said Agreement and Amendment, the Parties have determined that there are certain terms and conditions which require amendment; and WHEREAS, the Parties desire to memorialize said amendments and incorporate them into the Agreement as set out herein. NOW THEREFORE, in consideration of the mutual representations, covenants, benefits to be. derived, and agreements contained herein and hereinafter set forth, the Parties hereby amend the original Interlocal Agreement and Amendment to t:he Agreement as follows: 1. Article V, Section 16, shall be deleted in its entirety and substituted as follows: 16. In addition to bearing all cost associated with the project and during the term of this Agreement, Monroe shall pay to Midland a lump sum of $1,600,000.00 when all easements and properties have been secured in Cabarrus County as required by this Interlocal Agreement as amended. In addition to the one-time lump sum payment, by July 30 of each year an amount equal to $0.005/ccf for all gas transported and delivered to the Monroe city gate in Union Co~unry upon execution of this Agreement by both parties: Beginning April 1, 2010, the amount paid to Midland by Monroe shall automatically increase to $0.008/ccf for all gas transported via the pipeline the prior year and delivered to the Monroe City gate iin Union County. On April 1, 2030, the amount paid to Midland by Monroe shall automatically increase to $0.01/ccf for all gas transported via the pipeline the prior year and delivered to the Monroe City gate in Union County. If at any time it becomes apparent to the parties that the pipeline project contemplated by this Agreement will not be constructed for any reasons, but in no event longer than five years from the effective date of this Second Amendment to Interlocal Agreement Between City of Monroe and Town of Midland Page 1 of 3 Agreement, said payments to Midland provided ]-or herein shall cease subject to the notice provisions contained in Termination Section below. All proceeds paid to Midland pursuant to this Paragraph shall be paid from net revenues of the Monroe natural gas enterprise fund after all periodic payments for bonded indebtedness obligations are paid and satisfied in accordance with Paragraph 17 below. 2. Article VI, Section 20, shall be deleted in its entirety and substituted as follows: 20. Midland hereby releases and relinquishes its right to four (4) taps as provided in the Interlocal Agreement. Midland shall retain a perpetual right to locate and install one (1) tap in the pipeline within the corporate limits of Midland from which to operate and supply its own natural gas distribution utility for the benefit of Midland's utility customers in Cabarrus County only. The one tap for Midland's use shall be subject to aright of first refusal granted to a private natural ~;as provider to serve customers that would otherwise be served by Midland, to lie further defined in a Joint Venture Agreement referenced in Section 3 of this Second Amendment below. Midland shall not use its taps, capacity or any other similar right granted herein for the benefit of any other public, private or municipal natural gas utility which is in direct competition with Monroe's natural gas utility. .At such time as Midland elects to operate a natural gas utility, Midland shall be responsible for the cost of designing, constructing, and operating its own natural gas distribution utility system. The parties may negotiate and enter into agreements in tl~e future whereby Monroe may assist with the design, construction, and operation of such gas utility for the benefit of Midland. 3. The Parties agree to work together and cooperate to enter into a mutually beneficial Joint Venture Agreement with another entity to join as a partner in the natural gas pipeline project which is the subject matter of the Interlocal Agreement. 4. Except as expressly modified herein, all terms and conditions of the Interlocal Agreement between the parties as Amended are hereby affirnied, ratified, and readopted in all respects. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Interlocal Agreement to be executed in duplicate original by its authorized representatives pursuant to a duly adopted resolution of its governing body on the date written below. Executed by the CITY OF MONROE, this the 16th day of September, 2008. Attest: OJT"... ~~'~,\ ~~ l~ t , oil 'i/!,S ~l Brid e H~Ro inson, rty Clerk ~ " ~~ .`k ~ ~ .~----~ s~~~ By: ~ ~3obby ilgore, Mayor ~ v : ~ Second Amendment to Interlocal Agreement Between City of Monroe and Town of Midland Page 2 of 3 ,., - [SEAL]" 1v: '~ ~, ~I _r~ _-^ t :~- ~ ~ Bobby G. Ki o e, or r; ~. .~ = - ~ ~. >~t~.ATTEST :~ .. .. , e o a " ; $ridget't . ..,Robinso , Cit Clerk ~~ k.' .Executed;by the TQWN OF MIDLAND, this the 9~' day of September, 2008. rY ~~ ,. _ ? + _ " a ~ ' i ?.° ! ~ ~ a ~`°~ ~ ~SEAL~ - ~~ ' . %`i ~ ~ - ~' " S X ~ - ``- Jo Crump, Mayor r ~ TE",.~ ~~ Nancy ~B~en, ~M~C t Town Clerk This I trument has bee re-audite a manner required by the Local Government Budget and Fiscal Contr 1 ct. ~I- ~ ~ ~ ~ C' of onroe Finance Officer Date This >nstrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. /~-og Town of ~ dland in ce Officer Sonya Reynolds Date :~ . ~ ~~ ~ ~~ NORTH CAROLINA UNION COUNTY SECOND AMENDMENT TO INTERLUCAL AGREEMENT THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT entered into this the /lo---day of~~~~~~~ 2008 by and between the CITY OF MONROE, a municipal corporation chartered under the laws of the State of Narth Carolina (hereafter "Monroe") and the TOWN OF MOORESVILLE, a municipal corporation chartered under the laws of the State of North Carolina (hereafter "Mooresville"). WITNESSETI~I: WHEREAS o~n or about October 17, 2006, the Parties entered into an Interlocal Agreement to construct and operate a natural gas pipelnne for the transportation of natural gas in Iredell, Cabarrus, and Union Counties; and WHEREAS on or about September 5, 2007, the Parties amended the Interlocal Agreement by the terms expressed therein; and WHEREAS, since executing said Agreement and: Amendment, the Parties have determined that there are certain terms and conditions which require amendment; and WHEREAS, the Parties desire to memorialize said amendments and incorporate them into the Agreement as set out herein. NOW THEREFORE, in consideration of the mutual representations, covenants, benefits to be derived, and agreements contained herein and hereinafter set forth, the Parties hereby amend. the original Interlocal Agreement and Amendment to the Agreement as follows: 1. Article V, Section 16, shall be amended as follows: Within thirty days of execution of this Second Amendment to Interlocal Agreement by the last executing Party, Monroe shall pay to Mooresville the sum of $250,000.00. 2. Article VI, Section 20, shall be amended as follows: Mooresville hereby releases and relinquishes its right to five (5) taps as provided in the Interlocal Agreement. Mooresville shall retain the right to have one (1) tap to operate and supply its own natural gas distribution utility, provided the one tap shall be located within the corporate limits of the Town of Mooresville, subject to aright of first refusal in favor, of such private natural gas provider that enters into an agreement with Monroe to construct and operate such natural gas pipeline to Page 1 of 3 ~ ~ a serve customers that would otherwise be served by Mooresville, to be further defined in the Joint Venture Agreement referenced in Section 4 of this Second Amendrent and provided that Monroe will support the inclusion in such Joint Venture Agreement of one additional tap located outside the corporate limits of Mooresville. 3. Article VI, Section 23 shall be amended to read as follows: Each party shall be solely responsible for acquiring their own natural gas supply delivery of such gas to the interconnection with the Transcontinental Pipeline and transportation via the project pipeline for resale to its customers or to be utilized as part of its separate natural gas utility. 4. The Parties agree to work together, cooperate in good faith, and enter into such other documents as may be necessary to memorialize a mutually beneficial Joint Venture Agreement with another entity to join as a partner in the natural gas pipeline project that is the subject matter of the Interlocal Agreement. 5. Except as expressly modified herein, all terms and conditions of the Interlocal Agreement between the parties as Amended are hereby affirmed, ratified, and readopted in all respects. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Interlocal Agreement to be executed in duplicate original by its authorized representatives pursuant to a duly adopted resolution of its governing body on the date written below. Executed by the CITY OF MONROE, this the ~ day of ~~e~p-E2,1~- ~.~ , 2008. ,~ ' 1`~" ;~ ' ~ ~.: ,. _---' J~ ~~, ` _. ~..~~~ j ivy, .=- ~~ ~`~ o~ i Dyl Bridge e t Robinso ;City Jerk B `/ Bob G.l{il ore, ayor Page 2 of 3 Al ~ / • ~ F Executed by the TOWN OF MOORESVILLE, this the ~~~+~day of , 2008. ~ [SEAL] a By Bill Thiunberg, May ATTEST: Pope, Town Clerk D ~~O~PO~ ~ ~ ~ i/f~ ~ ~ yIr 1873 . .•' ~, i ,°e °e° ti~ d~b~lae6oeoo0 This Instrument has bee pre-audited in the manner required by the Local Government Budget n Fiscal Con 1 o d ~ City f Monroe Finance Officer Date This Instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ba Maia Setzer Da Town of Mooresville Director of Administration & Finance Page 3 of 3 i ORDINANCE TO AMEND TITLE XV, CHAPTER' 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-32 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promote public health and safety and to ~ minimize public and private losses due to flood conditions within flood prone areas. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section l: Amend Section 156.100 to read as follows: § 156.100 Floodplain and Floodway District Established The floodplain and floodway districts are hereby established as "overlay" districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district. III The floodplam and floodway districts are further described m 156.170 through 156.184 of this chapter. The Flood Insurance Rate Map numbers of properties ii within the corporate limits and extra territorial jurisdiction of the City of Monroe are as follows: 37179CINDOC, 3710541500); 3710541600), 3710541700), 3710542200), 3710542400), 3710542500), ~3710542600J, 3710542700), 3710542800) 3710543400) 71 4 J 3 OS 3500 , ,3710543600), 3710543700), 3710544200), 3710544400), 3710544500), .3710544600), 371054S400J, 3710545500), 3710545600), 3710545700), 3710546400). These maps are also defined in Section 156.176 of this ordinance. Section 2. Amend Section 156.172 to read as follows: § 156,172 Permissible Uses Within Floodways Notwithstanding this chapter (Table of Permissible Uses), no permit to make use I~ of land within a floodway may be issued unless the proposed use is listed as permissible both in the Table of Permissible Uses and in the following list: (A) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wild life, sanctuary, game farm, and other similar agricultural, wildlife and related uses. ' Regular City Council Meeting September 16, 2008 Ex/:ibit "C" ~ Page 1 of 32 (B) Lawns, gardens, play areas; and other similar uses. (C) Golf courses, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback-riding trails, open space, and other similar private and public recreational uses. Section 3. Replace Section 156.173 with the following: § 156.173 Flood Damage Prevention Ordinance ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES A. STATUTORY AUTHORIZATION The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare. Therefore, the City Council of Monroe, North Carolina, does ordain as ~ follows: B. FINDINGS OF FACT (1) The flood prone areas within the jurisdiction of Monroe are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public ~ health, safety, and general welfare. ' (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards. C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood ' conditions within flood prone areas by provisions designed to: i I Regular City Council Meeting September 16, 2008 Exhibit "C" Page 2 of 32 (1) restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging ~ increases in erosion, flood heights or velocities; ~ ~ ~ (2) require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; 3 control the alteration of natural flood lains stream channels and ~ p natural protective barriers, which are 'involved in the accommodation of floodwaters; (4) control filling, grading, dredging, and all other development that may increase erosion or flood damage; and (5) prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands. D. OBJECTIVES I The objectives of this ordinance are to: (1) protect human life, safety, and health; ~ ~ (2) minimize expenditure of public money for costly flood control ~I ~ projects; I ~ (3) minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) minimize prolonged business losses and interruptions; i (5) minimize damage to public facilities a'nd utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas; it (6) help maintain a stable tax base by providing for the sound use and development of flood prone areas; and (7) ensure that potential buyers are aware that property is in a Special Flood Hazard Area. ARTICLE 2. DEFINITIONS Regular Ciry Council Meeting September 16, 2008 Exhibit "C" Page 3 of 32 i Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Addition (to an existing building)" means an extension or increase in the floor area or height of a building or structure. "Appeal" means a request fora review of 'the Floodplain Administrator's interpretation of any provision of this ordinance.. "Area of Shallow Floodin " means a desi nated Zone A ~ g O on a community s Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and ` where velocity flow may be evident. "Area of Special Flood Hazard" see "Special Flood Hazard Area (SFHA)". "Base Flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year. "Base Flood Elevation (BFE~" means a determination of the water surface elevations of the base flood .as published in the Flood Insurance Study. When the BFE has not been provided in a "Special Flood Hazard Area", it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "Freeboard", establishes the "Regulatory Flood Protection Elevation". "Chemical Storage FacilitX" means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. "Disposal" means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air 'or discharged into any waters, including groundwaters. "Elevated Building" means anon-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. i "Encroachment" means the advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Regular City Council Meeting September76, 2008 Exhibit "C" ~ Page 4 of 32 ~ I i "Existing Manufactured Home Park or -Manufactured Home Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed j ~ before the initial effective date of the floodplain management regulations adopted ~ by the community. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Boundary and Floodway Map (FBFM~" means an official map of a community, issued by the Federal Emergency Mariagement Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). "Flood Hazard Boundary Map~FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined~as Zone A. "Flood Insurance" means the insurance coverage provided under the National Flood Insurance Program. "Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. "Flood Insurance Study (FIS)" means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published. "Flood Prone Area" see "Floodplain" "Flood Zone" means a geographical area shown on a Flood Hazard Boundary j, Map or Flood Insurance Rate Map that reflects the~iseverity or type of flooding in the area. Regular Ciry Council Meeting September 16, 2008 Exhibit "C" Page S of 32 i i "Floodplain" means any land area susceptible t i being inundated by water from any source. I "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain Development Permit" means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. "Floodplain Management" means the operation of an overall program 'of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain Management Regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. "Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,; water and sanitation facilities, structures, and their contents. j "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Freeboard" means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation (BFE) plus the freeboard establishes the "Regulatory Flood Protection Elevation". "Functionally Dependent Facility" means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loadirig and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. I Regular City Council Meeting September 16, 2008 Exhibit "C" ~ Page 6 of 32 I i --`Hazardous Waste Management -Facili-ty"- means, as defined - i_n - NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. f~ "Highest Adjacent Grade (HAG)" means the Highest natural elevation of the ' ground surface, rior to construction, immediate) next to the ro osed wa p y lls of p p th e structure. "Historic Structure" means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) ~or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program"; or (d) certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government (CLG) Program". Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980. "Lowest Adjacent Grade (LAG)" means the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the buildin . g "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement I area is not considered a building's lowest floor, provided that such an enclosure is i not built so as to render the structure in violation of the applicable non-elevation i design requirements of this ordinance. i "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a Regular City Council Meeting September 16, 2008 Ezliibit "C" Page 7 of 32 ~I permanent- -foundation- when-connected to the;- required-utilities.- -T-he--term-- - "manufactured home" does not include a "recreational vehicle". "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rcpt or salt. "Market Value" means the building value, not including the land value and that of ~ any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actial Cash Value); or adjusted tax assessed values. "Mean Sea Level" means, for purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in 1929; the North American Vertical Datum (NAND) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of they initial floodplain management regulations and includes any subsequent improvements to such structures. "Non-Encroachment Area" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood ! without cumulatively increasing the water surface elevation more than one ('.l) foot as designated in the Flood Insurance Study report. ~ "Post-FIRM" means construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map. "Pre-FIRM" means construction or other development for which the "start of construction" occurred before the- effective date of the initial Flood Insurance Rate Map. "Principally Above Ground" means that at least 5,1 % of the actual cash value of ~ the structure is above ground. "Recreational Vehicle (RV)" means a vehicle, which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and i Regular City Council Meeting September 16, 2008 Ex/ribit "C" Page 8 of 32 I i - - - - -(d) dvi gneuarters for rec~eat onal cam a permanent dwelling; but- as -temporary- ~I g q p g, travel, or seasonal use. "Reference Level" is the top of the lowest floor for structures within Special Flood Hazard Areas desi nated as Zone A 1- A30 AE A A99 or AO. g ~ ~ "Regulatory Flood Protection Elevation" means the "Base Flood Elevation" plus the "Freeboard". In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of i freeboard. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade. "Remedy a Violation" means to bring the structure or other development into compliance with State and community floodplair management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing, the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or ither development. "Riverine" means relating to, formed by, orresembling a river (including tributaries), stream, brook, etc. "Salvage Yard" means any non-residential property used for the storage, collection, and/or recycling of any type of equi ment, and includin but not p g limited to vehicles, appliances and related machinery. ~I "Solid Waste Disposal Facility" means any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a) (35). i "Solid Waste Disposal Site" means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by i icineration, sanitary landfill, or any other method. ~1 "Special Flood Hazard .Area (.SERA)" means the land in the floodplain subject to a one percent (1 or greater chance of being flooded in any given year, as determined in Article 3, Section B of this ordinance. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such Regular City Council Meeting September 16, 2008 Exhibit "C" Page 9 oj32 ~ ---as--clear-ing-gr-akng-and f 11ing,• nor -does it -include-the- installation of -streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary ;forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial ~ ' improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. "Substantial Damage" means damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. ~ "Substantial Improvement" means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of, a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does riot, however, include either: (a) any correction of existing violations of State or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or (b) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. "Threat to Public Safety" and/or "Nuisance" means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles) 4 and 5 is presumed to be in violation until such time as that documentation is provided. "Water Surface Elevation (WSE)" means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Regular Ciry Council Meeting September 16, 2008 Exhibit "C" i Page 10 oj32 I I - W-atereour-se-includes-speeif~al--lydesignated--areas-in-which---substantial--flood- damage may occur. ' ARTICLE 3. GENERAL PROVISIONS. A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all Special (Flood Hazard Areas within the jurisdiction, including Extra-Territorial !Jurisdictions, of the City of Monroe. B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS The Special Flood Hazard Areas ar ~ those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Union (county) dated October 16, 2008, which are adopted: by reference and declared to be a part of this ordinance. i C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior fo the commencement of any ' development activities within Special Flood Hazard Areas determined in accordance with the provisions of Article 3, Section B of this ordinance. ~ D. COMPLIANCE No structure or land shall hereafter be located, extended, converted, I~, altered, or developed in any way without full compliance with the terms of this ordinance and other applicable regulations. E. ABROGATION AND GREATER RESTRICTIONS. i This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap,' whichever imposes the more stringent restrictions shall prevail. F. INTERPRETATION. In the interpretation and application of this{ ordinance, all provisions shall ~I be: ( I i Regular City Council Meeting September lti, 2008 Exkibit "C" Page Il oj32 I i, I - - -(a) considered as min-imam requir-ements-~- - - - . - _ (b) liberally construed in favor of the governing body; and (c) deemed neither to limit nor repeal any other powers granted under State statutes. G. WARNING AND DISCLAIMER OF LIABILITY. i The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made orb natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Monroe or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE 4. ADMINISTRATION. ~ A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR. The "Floodplain Administrator" or their designee is hereby appointed to administer and implement the provisions of this ordinance. B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS. (1) Application Requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within ~ Special Flood Hazard Areas. The following items shall be presented fo the Floodplain Administrator to apply for a floodplain development permit: (a) A plot plan drawn to scale which (shall include, but shall not be limited to, the following specific details of the proposed floodplain development: ~ j I (i) the nature, location, dimensions, and elevations of the area of ~ development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; ~I (ii) the boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in Article 3, Regular City Council Meeting September 16, 2008 Ex/ribit "C" ~ Page 12 oj32 j - Section-B,-or-a-statement-that-the entire-lot is within--the-- Special Flood Hazard Area; (iii) flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined i in Article 3, Section B; I (iv) the boundary of the floodwayl(s) or non-encroachment area(s) as determined in Article 3, Section B; (v) the Base Flood Elevation (BFE) where .provided as set forth in Article 3, Section B; Article 4, Section C; or Article 5, Section D; (vi) the old and new location of any watercourse that will be altered or relocated as a result of proposed development; and (vii) the certification of the plot plan by a registered land surveyor or professional engineer. (b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to: (i) Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures; i (ii) Elevation in relation to mean sea level to which an non- Y residential structure in Zone AE, A or AO will be flood proofed; and (iii) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or flood proofed. (c) If flood proofing, a Flood proofing Certificate (FEMA Form 81- 65) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of flood proofing measures. (d) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. These details include but are not limited to: (i) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns'/posts/piers/piles/shear walls); and Regular City Council Meeting September 16, 2008 Exhibit "C" Page 13 of 32 I i (ii) Openings to facilitate auto i atic equalization of hydrostatic I, flood forces on walls in accordance with Article 5, Section B(4)(c) when solid foundation perimeter walls are used in Zones A, AO, AE, and A 1-30. E (e) Usage details of any enclosed areas below the lowest floor. (f) Plans and/or details for the pr ~tection of public utilities and t facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage. (g) Certification that all other Local, State and Federal permits required prior to floodplain development permit issuance have been received. (h) Documentation for placement o i Recreational Vehicles and/or Temporary Structures, when applicable, to ensure that the provisions of Article 5, Section B, subsections (6) and (7) of this ordinance are met. (i) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. (2) Permit Requirements. The Fooodplain Development Permit shall include, but not be limited to: (a) A description of the development to be permitted under the floodplain development permit. (b) The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in Article 3, Section B. (c) The Regulatory Flood Protection Elevation required for the reference level and all attendant utilities. ' (d) The Regulatory Flood Protection Elevation required for the protection of all public utilities. (e) All certification submittal requirements with timelines. Regular City Council Meeting September 16, 2008 Ez/:ibit "C" Page l4 of 32 (f) -A statement that no- fill- material or other development shall encroach into the floodway or anon-encroachment area of any watercourse, as applicable. (g) The flood openings requirements, if in Zone A, AO, AE or A 1-0. (h) Limitations on use of enclosed areas below the lowest floor (if applicable), i.e., parking, building access and limited storage only. i (c) Certification Requirements. (a) Elevation Certificates (i) An Elevation Certificate (FIEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certificati~lon of the elevation of the reference level, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. ~ (ii) An Elevation Certificate (FEMA Form 81-31) is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the dut of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. IThe Floodplain Administrator shall review the certificate '!data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and plrior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project. (iii) A final as-built Elevation Certificate (FEMA Form 81-31) ' is required after construction is completed and prior to Certificate of Compliance/Oc~ cupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction ' Regular City Council Meeting I' September 16, 2008 i Exhibit "C" Page 1 S oj32 of the elevation -of~-the reference -level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. I Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another',certification may be required to i certify corrected as-built construction. Failure to submit the certifcation or _failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (b) Flood proofing Certificate If non-residential flood roofin is used to meet th p g e Regulatory Flood Protection Elevation requirements, a Flood proofing Certificate (FEMA Form" 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the flood proofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Flood proofing certification shall be prepared by or under the direct supervision of a licensed professional engineer or a licensed architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance ~ plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the _ certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.. (c) If a manufactured home is placed within Zone A, AO, AE, or Al-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of Article 5, Section B(3)(b). (d) If a watercourse is to be altered or~relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or Regular City Cou"ncil Meeting September 16, 2008 Exhibit "C" Page 16 oj32 i II - - -T _ relocation shall-all be submitted -by the permit applicant prior to issuance of a floodplain development permit. i (e) Certification Exemptions. The following structures, if located within Zone A, AO, AE or Al-30, are exempt from the ~I, elevation/floodproofing certific pion requirements specified in items (a) and (b) of this subsection. (ii) Recreational Vehicles meeting requirements of Article 5, Section B(6)(a); (iii) Temporary Structures mee ing requirements of Article 5, Section B(7); and (iv) Accessory Structures less ',than 150 s uare feet q meeting requirements of Article 5, Section B(8). C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The Floodplain Administrator or their designee shall perform, but not be limited to, the following duties: ' (1) Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this ordinance lave been satisfied. (2) Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State and Federal permits have been received. (3) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for tie National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained. (5) Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of Article 5, Section F are met. Regular City Council Meeting September 16, 2008 Exhibit "C" Page 17 oj32 (6) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially •improved structures, in accordance with the provisions Hof Article 4, Section B(3). ' (7) Obtain actual elevation (in relation to mean sea level) to which all new ' and substantially improved structures and utilities have been flood proofed, in accordance with the provisions of Article 4, Section B(3). (8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Article 4, Section B(3). (9) When flood proofing is utilized for a particular structure, obtain certifications from a licensed- professional engineer or licensed architect in accordance with the provisions of Article 4, Section B(3) acid Article 5, Section B(2). (10) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a, reasonable opportunity to appeal the interpretation as provided in this article. (11) When Base Flood F,levation (BFE) data have not been provided in accordance with the provisions of Article 3, Section B, obtain, review, and reasonably utilize any BFE data, along with floodway data or non- encroachment area data available from a Federal, State, or other source, including data developed pursuant to Article 5, Section D(2)(b), in order to administer the :provisions of this ordinance. (12) When Base Flood Elevation (BFE) data are provided but no floodway or non-encroachment area data have been provided in accordance with the provisions of Article 3, Section B, iobtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this ordinance. (13) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Specia] Flood Hazard Area are above the Base Flood Elevation (B~'E), advise the property owner of the option to apply for a Letter of Map Amendment (COMA) from ~ FEMA. Maintain a copy of the LONIA issued by FEMA in the floodplain development permit file. Regular City Council Meeting ~ September 16, 2008 Exhibit "C" Page 18 of 32 _ _ _ i (14) Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection, ' recognizing that such information may be subject to the Privacy Act of 1974, as amended. I (15) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain ~ Administrator shall make as many in~ pections of the work as may- be I, necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain~'~, Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. (16)Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor. (17) Revoke floodplain development permits as required. The Floodplain ` Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain',developmentpeanit mistakenly issued in violation of an applicable State or local law may also be revoked. (18)Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement ' action. (19) Follow through with corrective procedures of Article 4, Section D. Regular City Council Meeting September 16, 2008 Exhibit "C" Page 19 of 32 i (20) Review,- provide input, and make recommendations for variance requests. (21) Maintain a current map repository toi include, but not limited to, the FIS Report, FIRM and other official flood ma sand studies a do ted in p p accordance with ~ f the provisions of Article 3, Section B of this I - ! ordinance, including any revisions thereto including Letters of Map i I Change, issued by FEMA. Notify State and FEMA of mapping needs. (22) Coordinate revisions to FIS reports a~d FIRMs, includin Letters of ~ g Map Revision Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs). ARTICLE 5. PROVISIONS FOR FLOOD I~AZARD REDUCTION. A. GENERAL STANDARDS. In all Special Flood Hazard Areas the follo1wing provisions are required: (1) All new construction and substantial im rovements shall be de i p s gned (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. (2) All new construction and substantial improvements shall be 1 constructed with materials and utility equipment resistant to flood damage. (3) All new construction and substantial improvements shall 6e constructed by methods and practices that minimize flood damages. (4) Electrical, heating, ventilation, plumbi ~ g, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the, Regulatory Flood Protection Elevation. These include, but are not! limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes hot water heaters, and electric outlets/switches. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. i i (6) New and replacement sanitary sewagei systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Regular City Council Meeting September 16, 2008 Exhibit "C" I Page 20 of 32 - (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. I f~ (8) Any alteration, repair, reconstruction, or improvements to a structure, i which is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. (9) Nothing in this ordinance shall prevent the repair, reconstruction, or ~ replacement of a building or structure existing on the effective date of this ordinance and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstri ction, or replacement meets all of the other requirements of this ordinance. (10)New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in Article 4, Section E(10). A structure or tank) for chemical or fuel storage incidental to an allowed use or to thei operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or flood proofed to at least the Regulatory Flood Protection Elevation and certified in accordance with the provisions of Article 4, Section B(3). (11)All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. (12) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. i (13) All subdivision proposals and other de elopment proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14)All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal br State law, including Section 4'04 of the Federal Water Pollution Cori~trol Act Amendments of 1972, 33 U.S.C. 1334. Regular City Council Meeting September 16, 2008 Exhibit "C" Page 21 of 32 (15) When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. f~ v (16) When a structure is located in multiple flood hazard zones or in a j flood hazard risk zone with multiple Base Flood Elevations (BFEs), the provisions for the more restrictiv flood hazard risk zone and the highest BFE shall apply. B. SPECIFIC STANDARDS. In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data have been provided, as set forth in Article 3, Section B, or Article 5, Section D, the following provisions, in addition to the provisions :of Article 5, Section A, are required: (1) Residential Construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Article 2 of this ordinance. (2) Non-Residential Construction. News construction and substantial improvement of any commercial, industrial, or other non-residential - structure shall have the reference leveil, including basement, elevated no lower than the Regulatory Flood rotection Elevation, as defined in Article 2 of this ordinance. Structures located in A, AE, AO, and Al-30 Zones may be flood proofed to the Regulatory Flood Protection Elevation in_lieu. of elevatioin provided that all areas of the structure, together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of uoyancy. For AO Zones, the floodproofing elevation shall be in accordance with Article 5, Section G(2). A registered- professional engin ler or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the F'loodplain Administrator as set forth in Article 4, Section B(3), along with the operational plan and the inspection and maintenance plan. (3) Manufactured Homes. (a) New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than Regular City Council Meeting September 16, 2008 Exhibit "C" Page 22 oj32 i the Regulatory Flood Protection Elevation, as defined in Article 2 of this ordinance. (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS 143-143.15. f Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation o'f the chassis is above thirty-six (36) inches in height, an engineering certification is required. (c) All enclosures or skirting below the lowest floor shall meet the requirements of Article 5, Section B(4). (d) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator. (4) Elevated Buildings. Fully enclosed area, of new construction and ~ substantially improved structures, which is below the lowest floor: (a) shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas; (b) shall be constructed entirely of flood resistant materials at least to the Regulatory Flood Protection Elevation; and (c) shall include, in Zones A, AO, AE, and Al-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for ,the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a licensed Regular City Council Meeting September 16, 2008 Exhibit "C" Page 23 oj32 I engineer or licensed architect or meet or exceed the following minimum design criteria: (i) A minimum of two flood openings on different sides of each enclosed area subject to flooding; i i ~ (ii) The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding; (iii)If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit; " (iv)The bottom of all required flood openings shall be no higher than one (1) foot above the- adj cent grade; (v) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and (vi)Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, ~is considered an enclosure and requires flood openings as outlined above. (5) Additions/Improvements. (d) Additions and/or improvements. to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: (i) not- a substantial improv ment, the addition and/or improvements must be designed to minimize flood damages and .must not be any more non-conforming than the existing structure. (ii) a substantial improvement, the existing structure and the addition and/or improvements must comply with the standards for new construction. I (e) Additions to post-FIRM structures with no modifications to the existing structure other than a star%dard door in the common wall shall require only the addition tocomply with the standards for ~ new construction. Regular City Council Meeting September ]6, 2008 Exhibit "C" Page 24 of 32 (f) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: _ (i) not a substantial impro lement, the addition and/or improvements only must comply with the standards for new construction. (ii) a substantial improvement, the existing structure and the addition and/or improvements must comply with the standards for new construction. 6 Recreational Vehicles. Recreational vehicl es shall either: (a) be on site for fewer than 180 consecutive days and be fully licensed and ready for highway usei (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or (b) meet all the requirements for new construction. (7) Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval: (a) a specified time period for which the temporary use will be permitted. Time specified may not exceed three (3) months, renewable up to one (1) year; (b) the name, address, and phone numb r of the individual responsible for the removal of the temporary structure; (c) the time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning otification); Regular City Council Meeting September 16, 2008 Ex/:ibit "C" Page 25 oj32 (d) a copy of the- contract or other suitable instrument with the entity responsible for physical removal of the structure; and (e) designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure j will be moved. (8) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met: (a) Accessory structures shall not be used for human habitation (including working; sleeping, living, cooking or restroom areas); (b) Accessory structures shall not be temperature-controlled; (c) Accessory structures shall be designed to have low flood damage potential; (d) Accessory structures shall be constructed and placed on the building site so as to offer the min2mum resistance to the flow of floodwaters; (e) Accessory structures shall be firml anchored in accordance with the provisions of Article 5, .Section A(1); (f) All service facilities such as electrical shall be installed in accordance with the provisions of Article 5, Section A(4); and (g) Flood openings to facilitate autom~tic equalization of hydrostatic flood forces shall be provided below Regulatory Flood Protection Elevation in conformance with the provisions of Article 5, Section B(4)(c). An accessory structure with a footprint 11 ss than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or fl~oodproofing certifications are ~ required for all other accessory structures in accordance with Article 4, ~ Section B(3). C. RESERVED. D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS. Regular City Council Meeting September 16, 2008 Exhibit "C" Page 26 of 32 Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 3, Section B, where no Base Flood Elevation (BFE) data have been provided by FE iA, the following provisions, in addition to the provisions of Article 5, Section A, shall apply: (1) No encroachments, including fill, new construction, substantial ` improvements or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a licensed professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following criteria: (a) When Base Flood Elevation (BFE) data are available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in•accordance with standards in Article 5, Sections A acid B. (b) When floodway or non-encroachment data are available from a Federal, ,State, or other source, all new construction and substantial improvements within floodway ands non-encroachment areas shall • also comply with the requirements off Article 5, Sections B and F.:, (c) All subdivision, manufactured homi park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with the provisions of Article 3, Section B and utilized in implementing this ordinance. (d) When Base Flood Elevation (BFE) data are not available from a Federal, State, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in Article 2. All other applicable provisions of Article 5, Section B shall also apply. E. STANDARDS FOR RIVERINE FLObDPLAINS WITH BASE FLOOD ELEVATIONS BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS. Regular City Council Meeting September l6, 2008 Exhibit "C" Page 27 oj32 i Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas ar~ identified for a Special Flood Hazard Area on the FIRM or in the FIS re~ort, the following requirements shall apply to all development within such areas: _ - (1) Standards of Article- 5, Sections A=and ;and (2) Until a regulatory floodway or non-encroachment area is designated, no: encroachments, including fill, new construction, substantial -improvements, or other development, shall be permitted unless certification with supporting technical data by a licensed professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and - anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. F. FLOODWAYS AND NON-ENCROACHMENT AREAS. .Areas designated as floodways or non-e croachment areas are located within the Special Flood Hazard Areas established in Article 3, Section - The floodways and non-encroachment~area~ are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to the standards outlined in Article 5, Sectio~s A and B, shall apply to all development within such areas: (1) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless: (a) it is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of a floodplain development permit, or (b) a Conditional Letter of Map Revision (CLOMR) has been approved by FF,MA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. Regular City Council Meeting _ September i6, 2008 Exhibit "C" Page 28 of 32 (2) If Article 5, Section F(1) is -satisfied, all development shall comply with all applicable flood hazard reduction provisions of this ordinance. (3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met: (a) the anchoring and the elevation standards of Article 5, Section B(3); and (b) the no encroachment standard of Article 5, Section F(1). G. STANDARDS FOR AREAS OF SHAiLLOW FLOODING (ZONE Ao). Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Article 5, Sections A and B, all new construction and substantial improvements shall meet the following requirements: (1) The reference level shall be elevated at least as high as the depth 1 number specif ed on the Flood Insurance Rate Map (FIRM), in feet, ~.x..i plus a freeboard of four (4) feet, above the highest adjacent grade; or at least four (4) feet above the. highest adjacent grade if no depth number is specified. (2) Non-residential structures may, in lieu of elevation, be flood proofed to the same level as required in Article 5, Section G(1) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability 'of resisting hydrostatic and Hydrodynamic loads and effects of buoyancy. Certification is required in accordance with Article 4, Section B(3) and Article 5, Section B(2). (3) Adequate drainage paths shall be provi~ed around structures on slopes, to guide floodwaters around and away from proposed structures. ARTICLE 6. LEGAL STATUS PROVISIONS. A. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS. Regular City Council Meeting z. September 16, 2008 Exhibit "C" Page 29 of 32 Nothing herein contained shall require any change in the plans, construction, size, or designated use of :any development or any part thereof~for which a floodplain development permit has ben granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this ordinance. B. CONJUNCTION WITH THE ADMINi STRATIVE MANUAL FOR THE STORMWATER MANAGEMENT ORDINANCE. This ordinance is to be used in conjunction with the City of Monroe's Administrative Manual for the Stormwater Management Ordinance. C. EFFECTIVE DATE. This ordinance shall become effective on September 16, 2008. D. ADOPTION CERTIFICATION. _ I hereby certify that this is a true and co erect copy of the flood damage - prevention ordinance as adopted by the Cit Council of the City of Monroe, North Carolina, on the 16'h day of September, 2008. WITNESS my hand and the official seal of ,this the day of _ , 200_.. (signature) Section 4. Amend Section 156.174 to read as follows: - ~ 156.174 Special Provisions for Subdivisions (A) An applicant for a conditional district authorizing a major subdivision and an applicant for minor subdivision final plat approval shall be informed by the planning department of the use and construction restrictions of any portion of the land to be subdivided lies within a floodway or floodplain. (B) Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not be given unless the plat shows the boundary of the floodway or floodplain anti contains in clearly discernible print the following statement: - "Use of land within a floodplain is substantially restricted by the Subchapter, Historic District Regulations, of the City Code." Regular Ciry Council Meeting September 16, 2008 Exhibit "C" Page 30 of 32 Section 5. Amend Section 156.175 to read as follows: ~1 § 156.175 Reserved Section 6. Amend Section 156.176 to read as follows: § 156.176 Location of Boundaries of Floodplain and Floodway Districts As used in this subchapter, the terms floodplains and floodway refer in the first instance to certain areas whose boundaries are determined and can be located 'on the ground by reference to the specific fluvial characteristics set forth the definition of these terms. These terms also refer to overlay zoning districts whose boundaries are established on the map, which boundaries are intended to - correspond -to the actual physical location of floodways and floodplains. These overlay districts thus differ from other zoning districts whose boundaries are established solely according to planning or polio ,rather than physical criteria.) Therefore, the administrator is authorized to make necessary interpretations as to the exact location of the boundaries of the floiodways or floodplains if there appears to be a conflict between a mapped boundary and actual field conditions. Such interpretations, like other decisions of the administrator, may be appealed to the Board of Adjustment in accordance with the applicable provisions of this chapter. The Flood Insurance Rate Map numbers of properties within the corporate limits and extra territorial jurisdiction of the City of Monroe are as follows: 37179CINDOC, 3710541500), 3710541600), 3710541700), ~ 3710542200), 3710542400), 3710542500), 3710542600), 3710542700), 3710542800), 3710543400), 3710543500), 3710543600), 3710543700), 3710544200), 3710544400), 3710544500), 3710544600), 3710545400), 3710545500),3710545600),3710545700J,3710546400J.. Adopted this 16t~' day of September, 2008. . Attest: Bobby G. Kilgore, Mayor Bridgette H. Robinson, City Clerk I II Regular City Council Meeting September 16, 2008 Exhibit "C" Page 31 of 32 J I Section 5. Amend Section 156.175 to read as follows: § 156.175 Reserved i Section 6. Amend Section 156.176 to read as follows: § l 56.176 Location of Boundaries of Floodniain nd Floodwav Districts As used in this subchapter, the terms floodplair~ and floodway,refer in the first instance. to certain areas whose boundaries are determined and can be located on the ground by reference to the specif c fluvial characteristics set forth the definition of these terms. These terms also refer to overlay zoning districts whose boundaries are established on the map, which boundaries are intended to ; correspond to the actual physical location of floc~dways and floodplains. These overlay districts thus differ from other zoningi districts whose boundaries are established solely according to planning or .policy, rather than physical criteria.) Therefore, the administrator is authorized to make necessary interpretations as to the exact location of the boundaries. of the flobdways or floodplains if there appears to be a conflict between a mapped boundary and actual field conditions. Such interpretations, like other decisions of the administrator, may be appealed to the Board of Adjustment in accordance with t~a applicable provisions of this chapter. The .Flood Insurance Rate Map nuaibers of properties within the corporate limits and extra territorial jurisdiction of the City of Monroe are as follows: 37179CINDOC, 3710541500J, 371054]600J, 3710541700J, 37]0542200J, 3710542400J, 3710542500J, 3710542600J, 3710542700J, ~'f 3710542800J, 3710543400J, 3710543500J, 3710543600J, 3710543700J, 3710544200J, 3710544400J, 3710544500J, 37105446UOJ, 3710545400J, 3710545500J, 3710545600J, 3710545700J, 3710 46400J.. Adopted this 16~' day of September, 2008. Attest: Bol3by ilgore, ayor ri ~ ~ OF M Brid e H. Ro ins n, Ci Clerk Otn 18 t., . _ _ cA~' Regular Ciry Council Meeting September 16, 2008 Exhibit "C" Page 32 oj32