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04-02-2019 City Council Regular MeetingCITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 APRIL 2, 2019 — 6:00 P.M. AGENDA www.monroenc.org RECOGNITIONS 1. Proclamation Observing Union County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Month C2. Fire Department Public Protection Classification Rating 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. Annexation Requests and Related Public Hearing Calls A. Property Containing 71.845 Acres Located at Corner of Secrest Shortcut and Fowler Road 1) Resolution Directing Clerk to Investigate Petition Received under G.S. §160A-31 2) Resolution Fixing Date of Public Hearing to be Held May 7, 2019 on Question of Annexation pursuant to G. S. § 160A-31 3) Call for Public Hearing to be Held May 7, 2019 to Consider Zoning Map Amendment Request to Rezone Property from Union County RA-40 to Conditional District "Simpson Farms" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" B. Property Containing 24.854 Acres Located along Waxhaw Highway and Skywatch Lane 1) Resolution Directing Clerk to Investigate Petition Received under G.S. §160A-31 2) Resolution Fixing Date of Public Hearing to be Held May 7, 2019 on Question of Annexation pursuant to G.S. §160A-31 3) Call for Public Hearing to be Held May 7, 2019 to Consider Zoning Map Amendment Request to Rezone Property from Union County RA-20 to Conditional District "Alexander Commons" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" City Council Regular Meeting April 2, 2019 Page 5 4. Budget Amendments A. Engineering Department Replacement Vehicle B. Parks and Recreation Department Donation from Delta Sigma Theta Sorority, Inc. C. Police Department Donation from Advanced Driver Training Services, Inc. 5. Call for Public Hearing to be Held May 7, 2019 to Consider Zoning Map Amendment Request to Rezone Property Located at 2714 Cureton Street from General Industrial to Conditional District "ABC Towing" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" 6. Charlotte -Monroe Executive Airport A. Fuel Storage Policy Revision B. Fuel Storage Agreement with Charter Jet Transport subsidiary of Aerowood Aviation C. City Manager to Execute Documents 7. Concord Avenue Sidewalk Project A. Award of Property Acquisition Services Contract to The Right of Way Group B. Authorization of Contingency Allowance C. City Manager to Execute Documents 8. Energy Services Bucket Truck A. Award of Contract through Sourcewell Cooperative Purchasing Program to Altec Industries, Inc. B. City Manager to Execute Documents 9. Minutes and Reports A. Disbursement of Fiscal Year 2018-2019 City Council Discretionary Funds 1) Mayor Bobby Kilgore B. Financial Reports for March 2019 C. Minutes of Board of Adjustment Meeting of January 24, 2019 D. Minutes of Citizens Appointment Committee Meeting of December 3, 2018 E. Minutes of City Council Meetings of March 5, 2019 F. Minutes of Downtown Advisory Board of Meeting of October 23, 2018 G. Minutes of General Services Committee Meeting of February 18, 2019 H. Minutes of Monroe Tourism Development Authority Meeting of February 14, 2019 I. Summary of Contracts Awarded, Change Orders Approved and Settlement of Claims 10. Resolutions A. Rules of Conduct for Monroe Aquatics and Fitness Center B. Rules Governing Conduct of Public Comments during City Council Regular Meetings C. Commissioner and Second Alternate to North Carolina Municipal Power Agency 1 D. Road Name Change for Remnant of Goldmine Road Created as Result of Goldmine Road Realignment Project 11. Tax Releases for February 2019 City Council Regular Meeting April 2, 2019 Page 6 12. Winchester Facility Signage 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. 13. Level II Economic Development Incentive Grant to Greiner Bio-One North America A. Public Hearing B. Action — Resolution Awarding Incentive Agreement CC. Action — Incentive Agreement 14. Zoning Map Amendment Request to Rezone Property Located near Intersection of John Moore Road and Hickory Grove Road from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest — Amendment 1" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" A. Public Hearing B. Action — Tabled to May 7, 2019 City Council Regular Meeting 15. Zoning Map Amendment Request to Rezone Property Located at 2111 Stafford Street Extension from General Industrial to Conditional District "Bridge to Recovery" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" A. Public Hearing B. Action — Resolution Approving Land Development Plan Compliance C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zoning Map" D. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:98 titled "Conditional Districts Established" 16. Zoning Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.124 (E)(15) Table titled "Dimensional Requirements in the CA-0 District" A. Public Hearing B. Action — Resolution Approving Land Development Plan Compliance C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156.124(E)(15) titled "Dimensional Requirements in the CA-0 District" 17. Reconsideration of Zoning Map Amendment Request for Conditional District "Fraser Court" from March 5, 2019 City Council Regular Meeting City Council Regular Meeting April 2, 2019 Page 7 18. Loading Zone on Beasley Street between Franklin Street and Jefferson Street L19. OMNOVA Solutions Grant Application for Police Department Iq C IM 20. Ordinance Amending Code of Ordinances — Title XV: Land Usage, Chapter 158: Erosion and Sedimentation Control 21. Public Comment Period A. Delta Sigma Theta Sorority, Inc. City Council Regular Meeting April 2, 2019 Page 8 CITY OF MONROE CITY COUNCIL REGULAR MEETING APRIL 2, 2019 MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers located at 300 West Crowell Street in Monroe, North Carolina at 6:00 p.m. on April 2, 2019 with Mayor Bobby Kilgore presiding. Present: Mayor Bobby Kilgore, Mayor Pro Tern Gary Anderson, Council Member Surluta Anthony, Council Member Marion Holloway, Council Member Billy Jordan, Council Member Lynn Keziah, Council Member Franco McGee, City Manager E.L. Faison, City Attorney S. Mujeeb Shah -Khan and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Deborah Clarke, Monica York, Heather Sharpe, Laverne White, Melita Mitchell, Althea Richardson, Pamela Buie, Wendy Gravely, Swindell Edwards, James Levinsky, David Lucore, Cleo Washington, Jennifer Smith, Tonya Edwards, Peter Cevallos, Pete Hovanec, Daphne Williams, Greg Collins, Tiffany Wilson, Scott Merritt, Amy Merritt, Jeremy Roberts, Casy Rogers, Matt Johnson, Dawn Hinkel, Ann Maness, Tony Maness, Cynthia Baez, Monica Smith, Drema Larkin, Paul Saleeby, Carlton Tyson, Don Donahue, Brenda Hamilton, Allen York, Anthony Smith, Lew Davis, Loretta Melancon, Gene Ferguson, Merle Ferguson, Sharon Coverington Edwards, Gwen Bothun, Daniel Bothan, Roland Marton, Aaron Maye, Eric Thomas, Brett Bundick, Christina Rose, Gabrielle Rose and others. Mayor Kilgore called the City Council Regular Meeting of April 2, 2019 to order at 6:00 p.m. A quorum was present. RECOGNITIONS Item No. 1. Proclamation Observing Union County Alumnae Chapter of Delta Sigma Theta Sororitv, Inc. Month. On behalf of Mayor Kilgore, Council Member Anthony read Proclamation P-2019-05 observing April 2019 as Union County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Month: PROCLAMATION OBSERVING UNION COUNTY ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INC. MONTH P-2019-05 WHEREAS, the Union County Alumnae Chapter (UCAC) of Delta Sigma Theta Sorority, Inc. was chartered on January 28, 2011 by 18 members who saw an increased need for service in Union County. City Council Regular Meeting April 2, 2019 Page 9 Since their chartering, they have grown to over 80 members who are dedicated to uplifting the community and strengthening relations with citizens, local government and other organizations who also seek to empower and improve the county; and WHEREAS, following the footsteps of their 22 national founders and the direction of their Grand Chapter, they are a group of college -educated women dedicated to strengthening the community through leadership and service providing programs and services that fall within the Grand Chapter's Five -Point Programmatic Thrust consisting of. Economic Development, Educational Development, International Awareness and Involvement, Physical and Mental Health, and Political Awareness and Involvement; and WHEREAS, the UCAC Chapter serves the following municipalities: Fairview, Hemby Bridge, Indian Trail, Lake Park, Marshville, Marvin, Mineral Springs, Monroe, Stallings, Unionville, Waxhaw, Weddington, Wesley Chapel and Wingate; and WHEREAS, the UCAC Chapter seeks ways to align strategically with initiatives, as well as partner with organizations and constituents of the City of Monroe to make meaningful and impactful contributions to the community; and WHEREAS, the UCAC Chapter provides a conduit for information and programming to be delivered to the community where needs exist such as the following: Rosa L. Poston & Jeanette B. Sherrod Scholarship; Organizational Donations; Delta Academy; Delta GEMS; Debutante Cotillion; Community Health; Free Market; Feeding the Hungry; Education Through the Arts; Voter Registration and Education. NOW, THEREFORE, I Bobby G. Kilgore, by the virtue of the authority vested in me as Mayor of the City of Monroe, do hereby proclaim and observe April 2019 as: "UNION COUNTY ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INC. MONTH" and urge all citizens to join me in saluting this organization and in expressing appreciation for the fine example set by them in contributing to the welfare of the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 2°d day of April, 2019. Item No. 2. Fire Department Public Protection Classification Rating 2. Fire Chief Ron Fowler advised that the Fire Department had improved their Public Protection Classification Rating from a Class 3 to a Class 2. Mr. Fowler advised that the inspection, conducted by officials with the Department of Insurance Office of State Fire Marshal was required on a regular basis as part of the North Carolina Response Rating System (NCRRS). He advised that the NCRRS rating system ranged from one (highest or best) to ten (not recognized as a certified fire department by the state). While lesser ratings do not necessarily indicate poor service, Mr. Fowler advised that an improved rating did suggest that a department was overall better equipped to respond to fires in its district. He advised that better ratings could also significantly lower homeowners and business insurance rates in that fire district. Mr. Fowler advised that the Class 2 rating would be effective July 1, 2019. City Council Regular Meeting April 2, 2019 Page 10 CONSENT AGENDA Written background information was provided in advance in the Council Agenda Packet for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 3. Annexation Requests and Related Public Hearing Calls. A. Property Containing 71.845 Acres Located at Corner of Secrest Shortcut and Fowler Road. Planning and Development Director Lisa Stiwinter advised by memorandum that Larry Simpson, Janice Simpson, Chad Simpson, and Suzanne Baucom were requesting annexation of 71.845 acres located at the corner of Secrest Shortcut and Fowler Road (Tax Parcel #: 09-213-017- C, L9-213-017-B, N9-213-017-B) in order to develop a 194 single-family residential lot subdivision at said location. Ms. Stiwinter advised that this matter would be presented to the Planning Board on April 3, 2019. For timing and scheduling purposes, she advised that Staff was recommending that Council adopt a Resolution directing the Clerk to investigate the Petition received under G.S. §160A-31 and adopt a Resolution fixing the date of the public hearing to be held on May 7, 2019 on the question of the annexation pursuant to G.S. §160A-31. If this item is not moved forward at the April 3, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the matter before Council on May 7, 2019. 1) Resolution Directing Clerk to Investigate Petition Received under G.S. 060A-31. Council Member Anthony moved to adopt Resolution R-2019-19: RESOLUTION DIRECTING CLERK TO INVESTIGATE PETITION RECEIVED UNDER G.S. §160A-31 FOR 71.845 ACRES LOCATED AT CORNER OF SECREST SHORTCUT AND FOWLER ROAD R-2019-19 WHEREAS, a petition requesting annexation of an area described in said petition was received on June 25, 2018 by the City Council; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Monroe deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe that the City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the City Council the result of the investigation. Adopted this 2°d day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting April 2, 2019 Page 11 C! AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None 2) Resolution FixinLy Date of Public HearinLy to be Held Mav 7, 2019 on Ouestion of Annexation pursuant to G.S. 4160A-31. Council Member Anthony moved to adopt Resolution R-2019-20: RESOLUTION FIXING DATE OF PUBLIC HEARING TO BE HELD MAY 7, 2019 ON QUESTION OF ANNEXATION PURSUANT TO G.S. §160A-31 FOR 71.845 ACRES LOCATED AT CORNER OF SECREST SHORTCUT AND FOWLER ROAD R-2019-20 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the City Council has by Resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition shall be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, North Carolina that: Section 1. A public hearing on the question of annexation of the area described herein will be held at the City Hall Council Chambers at 6:00 p.m. on May 7, 2019. Section 2. The area proposed for annexation is described on the attached map: ANNEXATION DESCRIPTION COMBINED LEGAL DESCRIPTION OF 36.393 ACRES OF THE LARRY B. SIMPSON PROPERTY LOCATED ALONG THE EASTERN SIDE OF SECREST SHORT CUT ROAD AND ALONG THE SOUTHERN SIDE OF FOWLER ROAD ANNEXED INTO THE CITY OF MONROE AND FURTHER IDENTIFIED AS TAX PARCEL 09-213-017C, DEED RECORDED IN RECORD BOOK 5469, PAGE 74 AND 35.452 ACRES OF THE JANICE P. SIMPSON, SUZANNE S. BAUCOM AND CHAD L. SIMPSON PROPERTY LOCATED ALONG THE EASTERN SIDE OF SECREST SHORT CUT ROAD AND ALONG THE NORTHERN SIDE OF FOWLER ROAD ANNEXED INTO THE CITY OF MONROE AND FURTHER IDENTIFIED AS TAX PARCELS L9-213-017B AND N9-213-017B, BEING MOST OF THE DEED RECORDED IN RECORD BOOK 5469, PAGE 76 BEGINNING at a nail set in the centerline of Secrest Short Cut Road, having a maintained right-of-way, said set nail being the northwestern corner of now or formerly the property of Janice P. Simpson, Suzanne S. Baucom and Chad L. Simpson recorded in Record Book 5469, Page 76 in the Union County Register of Deeds, a common corner with now or formerly the Grace United Methodist Church property recorded in Record Book 5106, Page 674 in the Union County Register of Deeds, and said set nail being on the existing city limits line of the City of Monroe as found in the annexation ordinance recorded in Record Book 931, Page 401 in the Union County Register of Deeds, and said set nail having North City Council Regular Meeting April 2, 2019 Page 12 Carolina (NAD 83-CORS) grid coordinates of North: 471,250.63 feet and East: 1,531,777.60 feet: thence leaving the existing city limits line and with the said Grace United Methodist Church line and with now or formerly the property of Grace United Methodist Church recorded in Deed Book 45, Page 40 and in Deed Book 56, Page 490 in the Union County Register of Deeds, the following (3) courses and distances: 1) North 58' 52' 5 1 " East, passing an iron set at 23.00 feet, for a total distance of 303.47 feet to found old stone; 2) North 57' 41' 5 V East, 323.46 feet to found slate stone; 3) North 58' 54' 14" East, 160.43 feet to found rebar, a common corner with now or formerly the Cora Dean Wallace property recorded in Deed Book 296, Page 253 in the Union County Register of Deeds; thence with the said Wallace line and with now or formerly the James Henry Mullis property recorded in Deed Book 834, Page 336 in the Union County Register of Deeds, and with now or formerly the Jeffery Lane Mullis property recorded in Record Book 834, Page 338 in the Union County Register of Deeds and with now or formerly the James Lester Mullis and Josephine F. Mullis property recorded in Record Book 834, Page 340 and Deed Book 208, Page 277 in the Union County Register of Deeds North 59' 25' 5" East, 464.71 feet to a found round bar on the line of the said James Lester Mullis and Josephine F. Mullis; thence continuing with the said James Lester Mullis and Josephine F. Mullis line North 70' 51' 00" East, 353.24 feet to a set rebar, a common corner with now or formerly the NC Department of Transportation property recorded in Record Book 6413, Page 741 and Record Book 6429, Page 518 in the Union County Register of Deeds; thence with the said NC Department of Transportation line two (2) courses and distances as follows: 1) South 34' 35' 39" East, 67.36 feet to a found NCDOT monument; 2) South 42' 43' 23" East, 40.74 feet to a point in the centerline of a creek, said point being a common point with now or formerly the Cathy Fowler Pressley and husband Kenneth W. Pressley property recorded in Record Book 5506, Page 270 in the Union County Register of Deeds; thence with the said Pressley line and the centerline of the creek, the following 10 courses and distances: 1) South 14' 9' 42" West, 24.92 feet to a point; 2) South 320 50' 12" East, 141.18 feet to a point; 3) South 1' 53' 54" East, 68.48 feet to a point; 4) South 14' 50' 12" West, 74.91 feet to a point; 5) South 30' 5' 15" East, 48.25 feet to a point; 6) South 50' 34' 3 1 " East, 72.35 feet to a point; 7) South 220 32' 14" East, 56.96 feet to a point; 8) South 37' 5' 45" East, 68.38 feet to a point; 9) South 26' 4' 15" East, 126.68 feet to a point; 10) South 9° 30' 23" East, 135.47 feet to a point in the centerline of the creek, a common corner with now or formerly the Stephen Watkins and wife Maleah Watkins property recorded in Record Book 1297, Page 402 in the Union County Register of Deeds; thence with the said Watkins line and continuing with the centerline of the creek, the following three (3) courses and distances: 1) South 60 54' 27" West, 143.29 feet to a point; 2) South 24' 57' 16" East, 54.15 feet to a point; 3) South 3° 15' 44" West, 109.52 feet to a set nail in the centerline of Fowler Road, having a maintained right-of-way and the centerline of the creek, a common corner with now or formerly the Timmy M. Edwards property recorded in Deed Book 414, Page 481 in the Union County Register of Deeds; thence with the said Edwards line and continuing with the centerline of the creek, the following seven (7) courses and distances: 1) South 170 40' 20" West, 85.60 feet to a point; 2) South 9° 1' 30" West, 115.14 feet to a point; 3) South 17' 10' 47" East, 114.70 feet to a point; 4) South 4° 34' 5" East, 87.40 feet to a point; 5) South 80 6' 38" East, 43.73 feet to a point; 6) South 35' 43' 29" East, 68.27 feet to a point; 7) South 44' 24' 53" East, 83.74 feet to a point in the centerline of the creek; thence continuing with the said Edwards line and leaving the centerline of the creek South 75" 18' 46" East, 48.18 feet to an iron set on the south bank of the creek; thence leaving the creek and continuing with the said Edwards line, the following two (2) courses and distances: 1) South 26' 28' 12" West, 594.07 feet to a found tall pipe; 2) South 2° 57' 48" West, passing a set iron on the north bank of the creek at 339.15 feet, for a total distance cof 357.00 feet to a point in the center of the creek, said point being the intersection of the said creek with centerline of the Stewarts Creek, and on the line of now or formerly the Stephen C. Helms property recorded in Record Book 6858, Page 610 in the Union County City Council Regular Meeting April 2, 2019 Page 13 Register of Deeds; thence with said Helms line and the centerline of Stewarts Creek and with now or formerly the James Loffer property recorded in Record Book 6800, Page 698 in the Union County Register of Deeds, the following eleven (11) courses and distances: 1) North 36' 00' 14" West, 50.45 feet to a point; 2) North 45' 7' 15" West, 129.21 feet to a point; 3) North 70' 14' 51" West, 126.61 feet to a point; 4) South 71 ° 42' 59" West, 57.44 feet to a point; 5) North 77' 9' 26" West, 59.39 feet to a point; 6) North 63' 14' 17" West, 103.97 feet to a point; 7) South 52' 18' 5 1 " West, 71.79 feet to a point; 8) South 34' 12' 43" West, 91.19 feet to a point; 9) South 56' 23' 8" West, 77.15 feet to a point; 10) South 77' 46' 6" West, 173.36 feet to a point; 11) South 86' 4 F 1" West, 243.44 feet to a set nail in the centerline Secrest Short Cut Road, having a maintained right-of-way, and the centerline of Stewarts Creek, said set nail being a common corner with now or formerly the Lorraine P. Belk property recorded in Record Book 3389, Page 148 in the Union County Register of Deeds; thence with the said Belk line and with the centerline of Secrest Short Cut Road, the following six (6) courses and distances: 1) North 14' 39' 26" West, 1,209.25 feet to a point in the centerline of Fowler Road; 2) North 16' 37' 39" West, 100.65 rr feet to a point; 3) North 20' 17' 33" West, 98.10 feet to a point; 4) North 24' 46' 25" West, 99.31 feet to a point; 5) North 25' 40' 23" West, 170.77 feet to a point; 6) North 26' 10' 48" West, 213.65 feet to the POINT AND PLACE OF BEGINNING and being Tract 1 and Tract 2 containing 71.845 acres more or less as shown on a plat titled Annexation Boundary For The City Of Monroe The Property Of Larry B. Simpson, Janice P. Simpson, Suzanne S. Baucom and Chad L. Simpson, dated July 27, 2018, last revised December 21, 2018 and surveyed by Carroll L. Rushing, N. C. P. L. S. license number L-1513 and recorded in Plat Cabinet , File in the Union County Register of Deeds. Section 3. Notice of the public hearing shall be published in The Enquirer -Journal, a newspaper having general circulation in the City of Monroe, at least ten days prior to the date of the public hearing. _ .strY i Adopted this 2' day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting April 2, 2019 Page 14 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None 3) Call for Public Hearing to be Held Mav 7, 2019 to Consider Zoning Man Amendment Request to Rezone Property from Union Countv RA-40 to Conditional District "Simpson Farms" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Man" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located at the corner of Secrest Shortcut and Fowler Road from Union County RA-40 to Conditional District "Simpson Farms." Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on April 3, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on May 7, 2019 to consider these requests. If these items do not move forward at the April 3, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on May 7, 2019. Council Member Anthony moved to call for a public hearing to be held on May 7, 2019 at 6:00 p.m. to consider these requests. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem. Anderson and Mayor Kilgore NAYS: None B. Property Containing 24.854 Acres Located along Waxhaw Hiahwav and Skvwatch Lane. Planning and Development Director Lisa Stiwinter advised by memorandum that Carolina Development Services, LLC was requesting annexation of 24.854 acres located along Waxhaw Highway and Skywatch Lane (Tax Parcel # 09-321-002 E90) in order to develop a 77 single- family residential lot subdivision at said location. Ms. Stiwinter advised that this matter would be presented to the Planning Board on April 3, 2019. For timing and scheduling purposes, she advised that Staff was recommending that Council adopt a Resolution directing the Clerk to investigate the Petition received under G.S. §160A-31 and adopt a Resolution fixing the date of the public hearing to be held on May 7, 2019 on the question of the annexation pursuant to G.S. § 160A-31. If this item is not moved forward at the April 3, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the matter before Council on May 7, 2019. 1) Resolution Directing Clerk to Investigate Petition Received under G.S. $160A-31. Council Member Anthony moved to adopt Resolution R-2019-21: City Council Regular Meeting April 2, 2019 Page 15 RESOLUTION DIRECTING CLERK TO INVESTIGATE PETITION RECEIVED UNDER G.S. §160A-31 FOR 24.854 ACRES �r LOCATED OFF OF WAXHAW HIGHWAY AND SKYWATCH LANE R-2019-21 WHEREAS, a petition requesting annexation of an area described in said petition was received on January 9, 2019 by the City Council; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Monroe deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe that the City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the City Council the result of the investigation. Adopted this 2nd day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None 2) Resolution Fixing Date of Public Hearine to be Held Mav 7, 2019 on Ouestion of Annexation pursuant to G.S. 4160A-31. Council Member Anthony moved to adopt Resolution R-2019-22: RESOLUTION FIXING DATE OF PUBLIC HEARING TO BE HELD MAY 7, 2019 ON QUESTION OF ANNEXATION PURSUANT TO G.S. §160A-31 FOR 24.854 ACRES LOCATED OFF OF WAXHAW HIGHWAY AND SKYWATCH LANE R-2019-22 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the City Council has by Resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition shall be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, North Carolina that: Section 1. A public hearing on the question of annexation of the area described herein will be held at the City Hall Council Chambers at 6:00 p.m. on May 7, 2019. City Council Regular Meeting April 2, 2019 Page 16 Section 2. The area proposed for annexation is described on the attached map: ANNEXATION DESCRIPTION LEGAL DESCRIPTION OF 24.854 ACRES OF THE CAROLINA DEVELOPMENT, LLC PROPERTY ANNEXED INTO THE CITY OF MONROE LOCATED ALONG THE SOUTHERN SIDE OF WAXHAW HIGHWAY AND THE WESTERN SIDE OF SKYWATCH LANE AND BEING FURTHER IDENTIFIED AS ALL OF TAX PARCEL 09-321-002E 90. Being a portion of Tract 1 and all of Tracts 2 and 3 of that certain parcel of land lying in the Monroe Township in Union County, North Carolina as described in a deed recorded in Record Book 7019, Page 3 in the Union County Register of Deeds and being more particularly described as follows: �r Tract 1 Commencing at National Geodetic Survey monument "T 51" having North Carolina geodetic coordinates in survey feet of. North 449,653.53 and East 1,523,300.79 and tied to the North American Datum 83(2011): thence North 760 30' 36" East, 2,240.70 feet to a found #5 rebar, said rebar being the southeast corner of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 244, Page 248 in the Union County Register of Deeds, a common corner of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 401, Page 572 in the Union County Register of Deeds, said point being the TRUE POINT AND PLACE OF BEGINNING: thence with the said Browning property recorded in Deed Book 244, Page 248 North 18' 15' 42" West, 440.93 feet to a set #5 rebar on the southern side of the apparent prescriptive right-of-way (law, of Waxhaw Highway (NC 75), said right-of-way being a maintained right-of-way by North Carolina Department of Transportation (herein after R/W); thence with the R/W North 681 32' 10" E, 493.43 feet to a set #5 rebar, a common corner with now or formerly the Craft Development, LLC property recorded in Record Book 3126, Page 136 in the Union County Register of Deeds, said rebar also being on the existing City of Monroe city limit line recorded in Record Book 3030, Page 570 in the Union County Register of Deeds; thence with said city limit line and the said Craft Development, LLC line three (3) calls as follows: 1) South 21 ° 27' 50" East, 20.00 feet to a set #5 rebar; 2) with a non -tangential curve to the right having a delta angle of 94' 21' 40", a radius of 30.00 feet, an are length of 49.41 feet, and a chord bearing and distance of South 64' 17' 11" East, 44.01 feet to a set 45 rebar; 3) South 17' 6' 34" East, 293.39 feet to a found #5 rebar, on the western right-of-way of Skywatch Lane, a 60-foot public right-of-way shown on the Southwinds Phase 2 Map 2 subdivision plat recorded in Plat Cabinet J, File 158 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said right-of-way six (6) calls as follows: 1) South 17' 6' 34" East, 789.00 feet to a found #5 rebar; 2) with a tangent curve to the right having a delta angle of 89' 58' 50", a radius of 20.00 feet, an arc length of 31.41 feet, and chord bearing and distance of South 27' 53' 30" West, 28.28 feet to a found #5 rebar; 3) South 17' 6' 34" East, 50.00 feet to a found #5 rebar; 4) with a non -tangential curve the right having a delta angle of 89' 59' 03", a radius of 20.00 feet, an arc length of 31.41 feet, and a chord bearing and distance of South 62' 6' 34" East, 28.28 feet to a found #5 rebar; 5) South 17' 6' 33" East, 137.53 feet to a found #5 rebar; 6) with a tangent curve to the left having a delta angle of 13' 24' 37", a radius of 460.00 feet, an arc length of 107.67 feet, and a chord bearing and distance of South 23' 48' 50" East, 107.42 feet to a found #5 rebar, said rebar being a common corner of now or formerly the Leslie E. Jones, III property recorded in Record Book 5198, Page 322 in the Union County Register of Deeds; thence, leaving said right-of-way of Skywatch Lane and continuing with the existing city limit line and the said Jones line South 59' 28' 52" West, 100.00 feet to a City Council Regular Meeting April 2, 2019 Page 17 found #5 rebar; thence continuing with the existing city limit line and the said Jones line, and with of now or formerly the Lemma Seble Tessema property recorded in Record Book 7247, Page 122 in the Union County Register of Deeds, and with now or formerly the AMH 2015- 1 -Borrower, LLC property recorded in Record Book 6400, Page 124 in the Union County Register of Deeds and following a non -tangential curve to the left having a delta angle of 20' 13' 27", a radius of 560.00 feet, an arc length of 197.67 feet, and chord bearing and distance of South 40' 43' 47" East, 196.64 feet to a set 45 rebar, said rebar being on the northern right-of-way line of Afton Court, a 50-foot public right-of-way shown on the Southwinds Phase 1 Map 1 subdivision plat recorded in Plat Cabinet I, File 82 in the Union County Register of Deeds; thence continuing with the existing city limit line and a non - tangential curve to the right along the said right-of-way line of Afton Court having a delta angle of 18' 43' 36", a radius of 125.00 feet, an are length of 40.86 feet, and a chord bearing and distance of South 48' 24' 54" West, 40.67 feet to a set #5 rebar, a common corner of now or formerly the Craft Development, LLC property recorded in Record Book 3126, Page 136 in the Union County Register of Deeds; thence continuing with the existing city limit line and leaving the northern right-of-way line of Afton Court on a non -tangential curve to the left having a delta angle of 219' 48' 23", a radius of 35.00 feet, an arc length of 134.27 feet, and a chord bearing and distance of South 3° 00' 43" East, 65.82 feet to a set #5 rebar on the line of now or formerly the Mariatu Kanu-Taylor property recorded in Record Book 5061, Page 230 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said Taylor line South 21' 22' 42" East, 90.25 feet to a set #5 rebar, a common corner of now or formerly the Southwinds Homeowners Association, Inc. property recorded in Record Book 4375, Page 725 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said Southwinds Homeowners Association, Inc. line on a non -tangential curve to the right having a delta angle of 4° 28' 9", a radius of 455.22 feet, an arc length of 35.51 feet and chord bearing and distance of South 71 ° 41' 48" West, 35.50 feet to set #5 rebar on the northern side of the center of a stream; thence continuing with the existing city limit line and the said Southwinds Homeowners Association, Inc. line South 8° 31' 58" East, 2.69 feet to point in the center of said stream, a common corner of now or formerly the Carolina Development Services, LLC property recorded in Record Book 7019, Page 3 in the Union County Register of Deeds and said point being on the City of Monroe city limit line recorded in Record Book 4772, Page 671 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said stream and crossing the said Carolina Development Services, LLC property the following fifteen (15) calls: 1) North 83' 37' 9" West, 25.66 feet to a point; 2) North 880 40' 43" West, 32.39 feet to a point; 3) South 80' 37' 36" West, 12.09 feet to a point; 4) South 27' 33' 9" West, 21.21 feet to a point; 5) South 420 23' 59" West, 10.28 feet to a point; 6) South 74' 25' 33" West, 25.88 feet to a point; 7) South 660 37' 51" West, 25.13 feet to a point; 8) South 700 17' 53" West, 63.24 feet to a point; 9) South 750 23' 9" West, 33.95 feet to a point; 10) South 71' 8' 48" West, 41.69 feet to a point; 11) South 74' 48' 24" West, 39.34 feet to a point; 12) South 69' 10' 24" West, 29.80 feet to a point; 13) South 83' 33' 31" West, 25.38 feet to a point; 14) South 82' 42' 47" West, 14.09 feet to a point; 15) South 64' 6' 46" West, 18.35 feet to a found #5 rebar, a common corner of now or formerly the Union County Board of Education property recorded in Record Book 1821, Page 27 in the Union County Register of Deeds and of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 401, Page 572 in the Union County Register of Deeds and said rebar being on the existing City of Monroe city limit line recorded in Record Book 3535, Page 402 in the Union County Register of Deeds; thence leaving said stream and the existing city limits line and with the said Browning line, North 18" 4' 48" West, 1,364.95 feet to the POINT AND PLACE OF BEGINNING, containing 20.810 acres, more or less as shown on a plat titled ANNEXATION BOUNDARY SURVEY FOR THE CITY OF MONROE, THE PROPERTY OF CAROLINA DEVELOPMENT SERVICES, LLC dated 3-22-2019 City Council Regular Meeting April 2, 2019 Page 18 surveyed by Bryan P. Lackey a North Carolina Professional Land Surveyor license number L-5055. Tract 2 Commencing at a found #5 rebar, the sixth corner described in Tract 1: thence leaving the city limits line and crossing the right-of-way of Skywatch Lane, a 60-foot public right-of- way shown on the Southwinds Phase 2 Map 2 subdivision plat recorded in Plat Cabinet J, File in the Union County Register of Deeds South 880 52' 18" East, 63.17 feet to a set #5 rebar on the existing City of Monroe city limit line recorded in Record Book 3030, Page 570 in the Union County Register of Deeds and on the eastern right-of-way of said Skywatch Lane and being the TRUE POINT AND PLACE OF BEGINNING: thence with the existing city limit line and the said right-of-way of Skywatch Lane and with now or formerly the Craft Development, LLC property recorded in Record Book 3126, Page 136 in the Union County Register of Deeds, North 17' 634" West, 322.25 feet to a set #5 rebar; thence with the existing city limit line on a non -tangential curve to the right having a delta angle of 84' 25' 30", a radius of 30.00 feet, an arc length of 44.20 feet, and chord bearing and distance of North 24' 59' 6" E, 40.31 feet to a set # 5 rebar; thence with the existing city limit line and the said Craft Development, LLC line North 21' 28' 17" West, 20.00 feet to a set #5 rebar on the southern side of the apparent prescriptive right-of-way of Waxhaw Highway (NC 75), said right-of-way being a maintained right-of-way by North Carolina Department of Transportation (herein after R/W); thence leaving the existing city limit line with the apparent prescriptive R/W North 68' 3 F 43" East, 204.64 feet to a set #5 rebar, a common corner of now or formerly the Hilma A. Walewski property recorded in Record Book 503, Page 282 in the Union County Register of Deeds; thence with the said Walewski line South 17' 7' 00" East, 369.91 feet to a set #5 rebar, a common corner of the said Craft Development, LLC property and being on the said existing city limit line; thence (*Jwe with the existing city limits line and the said Craft Development, LLC line South 68' 28' 1" West, 230.29 feet to the POINT AND PLACE OF BEGINNING, containing 1.934 acres, more or less as shown on a plat titled ANNEXATION BOUNDARY SURVEY FOR THE CITY OF MONROE, THE PROPERTY OF CAROLINA DEVELOPMENT SERVICES, LLC dated 3-22-2019 surveyed by Bryan P. Lackey a North Carolina Professional Land Surveyor license number L-5055. Tract 3 Commencing at a set #5 rebar, the fifth corner described in Tract 2: thence crossing Waxhaw Highway (NC 75) North 720 21' 28" West, 95.08 feet to a set # 5 rebar on the northern side of the apparent prescriptive right-of-way of Waxhaw Highway (NC 75), said right-of-way being a maintained right-of-way by North Carolina Department of Transportation (herein after R/W) and on the southern side of the apparent prescriptive right-of-way of New Town Road (SR 1315), said right-of-way being a maintained right- of-way by North Carolina Department of Transportation (herein after R/W) the TRUE POINT AND PLACE OF BEGINNING: thence with the apparent prescriptive R/W of Waxhaw Highway (NC 75), South 68' 32' 10" West, 738.89 feet to a set #5 rebar, a common corner of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 401, Page 572 in the Union County Register of Deeds; thence with the said Browning line North 18' 6' 14" West, 249.11 feet to a set #5 rebar on the said apparent prescriptive R/W of New Town Road (SR 1315); thence three (3) calls with the said apparent prescriptive R/W of New Town Road (SR 1315): 1) North 870 39' 43" East, 204.88 feet to a set #5 rebar; 2) North 87' 15' 10" East, 339.26 feet to a set #5 rebar; 3) North 87' 40' 45" East, 221.66 feet to the POINT AND PLACE OF BEGINNING, containing 2.110 acres, more or less as shown on a plat titled ANNEXATION BOUNDARY SURVEY FOR THE CITY OF MONROE, THE PROPERTY OF City Council Regular Meeting April 2, 2019 Page 19 CAROLINA DEVELOPMENT SERVICES, LLC dated 3-22-2019 surveyed by Bryan P. Lackey a North Carolina Professional Land Surveyor license number L-5055. The annexation plat showing Tract 1, Tract 2 and Tract 3 above is recorded in Plat Cabinet File in the Union County Register of Deeds. Section 3. Notice of the public hearing shall be published in The Enquirer -Journal, a newspaper having general circulation in the City of Monroe, at least ten days prior to the date of the public hearing. Adopted this 21 day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: (W AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None 3) Call for Public Hearing to be Held Mav 7, 2019 to Consider Zoning Map Amendment Request to Rezone Property from Union Countv RA-20 to Conditional District "Alexander Commons" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage. Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located off of Waxhaw Highway and Skywatch Lane (Tax Parcel #: 09-321-002 E90) from Union County RA-20 to Conditional District "Alexander Commons." Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on April 3, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on May 7, 2019 to consider these requests. If these items do not move forward at the April 3, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on May 7, 2019. Council Member Anthony moved to call for a public hearing to be held on May 7, 2019 at 6:00 p.m. to consider these requests. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem. Anderson and Mayor Kilgore NAYS: None Item No. 4. Budget Amendments. A. Engineering Department Replacement Vehicle. Engineering Director Jim Loyd advised by memorandum that the 2009 Ford F550 (13/4-ton) four-wheel drive used by the Street Division as a tool truck serving the Stormwater Maintenance Crew was recommended for replacement due to City Council Regular Meeting April 2, 2019 Page 20 engine issues. Mr. Loyd advised that the tool truck started losing power due to an oil leak in January 2019. He advised that after evaluation by Tindol Ford, it had been determined that the engine was in need of a complete engine reseal since most of the engine seals were leaking. Mr. Loyd advised that some of the cost was due to the removal and reattachment of the cab to access the engine. He advised that the quote from Tindol Ford to repair the engine was $9,000. Mr. Loyd advised that a separate quote from Taylor Motor Company estimated the engine repair cost at $7,800 plus the cost for any other problems identified during the repair. He advised that the City's Garage had verified that the engine issue was not related to abuse by Stormwater Maintenance Staff. By way of background, Mr. Loyd advised that: the truck had 35,397 miles; the Garage rating (prior to engine issues) was 26-Class 3 — qualified for replacement, the Garage rating (after engine issues) was 29-Class 4 — immediate consideration for replacement; original year projected to replace the truck was Fiscal Year 2022; and, the current value of utility truck was $19,000±. Mr. Loyd advised that the Stormwater Maintenance Crew was currently using a 2003 1-ton Chevrolet tool truck that was rotated to a lesser role in Fiscal Year 2015 prior to being phased out. He advised that the truck was kept to spray brine and to use if one of the tool trucks was being serviced. Mr. Loyd advised that the issue with using this truck long term was that it was kept for light service due to its age and limited towing capacity. He advised that the crew was currently using a flatbed to pull the trailer for the mini excavator which created delays at the beginning and ending of each day since the trailer must always be unhooked for use of the flatbed. Mr. Loyd advised that as time progressed, dependability issues were anticipated with the 2003 Chevrolet. Due to the costs associated with the repair/replacement of the engine and the need for a dependable vehicle, Mr. Loyd advised that Staff was recommending replacement of the 2009 Ford F550 (13/4- ton) 4WD utility truck. He advised that funds were available in Stormwater Utility funds for the replacement vehicle which is estimated at $70,000. Mr. Loyd advised that Staff presented this item to the Public Enterprise Committee on March 18, 2019; however, the Committee did not have a quorum and the matter was being presented without a Committee recommendation. Mr. Loyd advised that it was the recommendation of Staff that Council adopt a Budget Amendment appropriating funds for the replacement of the 2009 Ford Utility truck using Stormwater Utility Reserve Funds. Council Member Anthony moved to adopt Budget Amendment BA-2019-10: BUDGET AMENDMENT BA-2019-10 1. Amendment necessary to provide funds from the Stormwater Utility Reserve Funds in Fiscal Year 2019 for the replacement of a failed truck in the Street Division. The truck is primarily used by the crew responsible for stormwater improvements. City Council Regular Meeting April 2, 2019 Page 21 L Stormwater Utility Fund: Revenues: Appropriation from Fund Balance $70,000 Stormwater Utility Fund Expenditures: Capitalized Equipment $70,000 Adopted this 2nd day of April 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None B. Parks and Recreation Denartment Donation from Delta Sigma Theta Sorority, Inc. Parks and recreation Director Tonya Edwards advised by memorandum that Staff received a $2,509 donation from Delta Sigma Theta Sorority, Inc. to be used to purchase chairs at the J. Ray Shute Community Center. Ms. Edwards advised that this matter was presented to the General Services Committee on March 20, 2019. Ms. Edwards advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Budget Amendment accepting and appropriating the funds. Council Member Anthony moved to adopt Budget Amendment BA-2019-09: BUDGET AMENDMENT BA-2019-09 1. Amendment necessary to designate and appropriate funds received from Delta Sigma Theta Sorority to be used to purchase chairs at the J. Ray Shute Community Center. General Fund: Revenues: Miscellaneous $2,509 Expenditures: Parks and Recreation $2,509 Adopted this 2nd day of April 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting April 2, 2019 Page 22 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Police Department Donation from Advanced Driver Training Services, Inc. Police Chief Bryan Gilliard advised by memorandum that the Police Department had received a $250 donation from Advanced Driver Training Services, Inc. (ADTS) for the use of the Police Department's traffic cones. Mr. Gilliard advised that the funds are to be used for the Monroe Police Explorer Program. Mr. Gilliard advised that Staff presented this item to the General Services Committee on March 20, 2019. Mr. Gilliard advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Budget Amendment appropriating and designating the funds. Council Member Anthony moved to adopt Budget Amendment BA-2019-08: BUDGET AMENDMENT BA-2019-08 1. Amendment necessary to designate and appropriate funds received from Advanced Driver Training Services, Inc. for the Monroe Explorer Program. General Fund: Revenues: Miscellaneous $250 Expenditures: Public Safety $250 Adopted this 2nd day of April 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: (, AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 5. Call for Public Hearing to be Held May 7, 2019 to Consider Zoning Map Amendment Request to Rezone Property Located at 2714 Cureton Street from General Industrial to Conditional District "ABC Towing" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Mad' and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located at 2714 Cureton St. and further identified with tax parcel 09-118-005A from General Industrial to City Council Regular Meeting April 2, 2019 Page 23 Conditional District "ABC Towing." Ms. Stiwinter advised that the rezoning was being requested in order to utilize the property for a towing business. Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on April 3, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on May 7, 2019 to consider these requests. If these items do not move forward at the April 3, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on May 7, 2019. Council Member Anthony moved to call for a public hearing to be held on May 7, 2019 at 6:00 p.m. to consider these requests. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 6. Charlotte -Monroe Executive Airport. Charlotte -Monroe Executive Airport Manager Peter Cevallos advised by memorandum that Brandon Atkinson, owner of Aerowood Aviation, had recently purchased a new air charter company that was located at the Charlotte Douglas International Airport. Mr. Cevallos advised that this business was transporting business executives on trips throughout the southeast region. He advised that Mr. Atkinson was relocating (two" a King Air 200 turboprop aircraft that he would use for this business so that he could continue providing that service at the Charlotte -Monroe Executive Airport, along with his existing business of Aerowood Aviation. Mr. Cevallos advised that when the aircraft was not in use, he would store it in the new Hangar #6 that Mr. Atkinson was leasing from the City. He advised that Mr. Atkinson expected to grow this operations and add more corporate jet aircraft to support the expected demand. Mr. Cevallos advised that this expected growth would benefit the Airport because it would provide a new service to the community, thereby increasing additional activity and revenue. Mr. Cevallos advised that Mr. Atkinson was interested in entering into an Agreement with the Airport for fuel storage and dispensing per the City's Charlotte -Monroe Executive Airport Fuel Storage Policy because he forecasted needing large quantities of fuel to operate the aircraft. Mr. Cevallos advised that since it had been some time since this Policy had been used, he along with the City Attorney's office had reviewed the Policy and modified certain points in the Policy that would best protect the City. He advised that the policy was still a good tool in providing incentive to corporate jet operator who were interested in basing the jet aircraft at the Airport and the proposed changes better reflect the Airport's current operations. Mr. Cevallos advised that Staff presented this item to the General Services Committee on March 20, 2019. City Council Regular Meeting April 2, 2019 Page 24 Mr. Cevallos advised that it was the recommendation of the General Services Committee and Staff that Council approve the revisions to the Charlotte -Monroe Executive Airport Fuel Storage Policy, ` approve the Fuel Storage Agreement with Charter Jet Transport, subsidiary of Aerowood Aviation and authorize the City Manager to execute the Policy and the Fuel Storage Agreement. A. Fuel Storage Policv Revision. Council Member Anthony moved to approve the revisions to the Charlotte -Monroe Executive Airport Fuel Storage Policy: CHARLOTTE-MONROE EXECUTIVE AIRPORT FUEL STORAGE POLICY WHEREAS, the City of Monroe may consider a request for fuel storage and service as defined in this policy to the extent that the City is able to accommodate and dedicate one of two storage fuel tanks to the requesting owner's sole use; and WHEREAS, the siting of aircraft provides ad valorem revenues to the city and to the extent those funds offset other operating expenses, the city will consider providing incentives to eligible aircraft owners; and WHEREAS, the City may offer its most favorable gas discount to a select few aircraft by providing owners of aircraft with the opportunity to purchase aviation fuel (Jet A only) in bulk and allowing such fuel to be stored in the City -owned fuel facilities for a published fee, as an additional incentive for aircraft owners to locate at the Airport. NOW, THEREFORE, the Monroe City Council adopts the following Fuel Storage Policy whereby aircraft owners are given this opportunity for storage and service under the following terms and conditions: 1. The City may dedicate up to two fuel storage tanks to support this service policy. 2. This service is limited to up to two persons or entities with an active long-term hangar lease with the City of Monroe or owning a hangar at the Airport, until additional fuel storage tanks are constructed and made available for dedicated fuel service and storage services. 3. These persons or entities must own, operate, or have controlling interest in aircraft based at the Airport, and said aircraft shall consume a minimum of 20,000 gallons of fuel annually to remain eligible for the service. 4. Only those based aircraft identified within the agreement will be eligible to receive fuel at the policy's rate. 5. This fuel service and storage agreement will be executed between the City and the qualifying owner for a period of twelve months and shall automatically renew for additional twelve month periods at the agreed fee, and as long the requirements set out in the Fuel Storage Policy are met. (See Appendix 1 for Agreement). 6. This fee is set for the length of this Agreement. The agreed fee is subject to annual review, and if recalculation is necessary due to adjustment in the tax rate and the direct/indirect fueling costs incurred by the City, that fee will not be affected for the active term of any standing agreement. 7. The Airport Manager shall be contacted prior to delivery of fuel who will determine if the fuel to be acquired is suitable for storage and if the City has sufficient capacity available for storage. If capacity is not available, no delivery will be accepted. City Council Regular Meeting April 2, 2019 Page 25 8. All fuel purchases must be from the City's approved fuel supplier, with the minimum quantity delivered being 8,000 gallons, or 1 tanker load. 9. Only fuel, which is properly certified and suitable for its intended use, may be delivered to City fuel facilities, and it shall meet or exceed all requirements established by the City. 10. All deliveries to the City fuel facilities shall be under the supervision, inspection, and testing of City staff or their agents. 11. The purchaser will pay the City for the actual gallon amount received into the City's facilities per the established fee in the City's Fees Schedule, each time fuel is dispensed into the aircraft listed in this agreement. The purchaser will also pay any related fees pursuant to the City's Fees Schedule. 12. The purchaser of fuel shall be solely responsible for the cleanup of any site that becomes contaminated due to the spillage or loss of fuel during delivery to the City facilities. 13. The purchaser, at its own expense, will name the City as an additional insured, and will furnish certificates of such insurance to the City with the provisions that the City will be given thirty (30) days written notice of any intent to terminate or modify such insurance by either purchaser or the insuring company. 14. The request for fuel will be done at normal hours of operations unless previously coordinated, and dispensed into those aircraft identified in the agreement, per standard fueling practices. 15. The City Staff will monitor the storage tank fuel level, and notify the owner when the fuel tank has approximately 15% of capacity remaining. Upon this notification, the owner shall have the tank resupplied. 16. Should the Owner not have self -purchased fuel available for dispensing or should the total annual fuel purchased not meet the minimum or exceed the maximum fuel storage amount eligible for dispensing at the agreed fee, fuel will be offered at the full retail price by the City. Aunendix: 1. Fuel Storage Agreement CHARLOTTE-MONROE EXECUTIVE AIRPORT FUEL STORAGE AGREEMENT THIS FUEL STORAGE AGREEMENT entered into this the day of 20_ by and between the CITY OF MONROE, a municipal corporation chartered under the laws of the State of North Carolina (hereafter "Monroe") and , (hereafter " "). WITNESSETH: WHEREAS, the City of Monroe has adopted a fuel storage policy authorizing owners of aircraft based at Charlotte -Monroe Executive Airport to acquire and deliver aviation fuel to Airport fueling facilities to be stored and dispensed into aircraft; and WHEREAS, seeks to purchase fuel for storage by the City pursuant to said City policy. City Council Regular Meeting April 2, 2019 Page 26 NOW, THEREFORE, in consideration of the mutual representations, covenants, benefits to be derived, and agreements contained herein and hereinafter set forth, Monroe and agree as follows: During the term of this Agreement, is authorized to purchase bulk quantities of aviation fuel to be delivered and stored in City -owned fueling facilities. shall comply with all conditions set out in the City of Monroe Fuel Storage Policy which is attached hereto and the term of which are incorporated by reference as fully set out herein. Only the following aircraft identified in this agreement are eligible to receive fuel: Aircraft Type I Make/Model I FAA Registration Number The term of this Agreement shall be for a period of twelve months and shall automatically renew for additional twelve month periods as long as the requirements set out in the Fuel Storage Policy are met. When does not meet the requirements of the Policy or fails to comply with City Ordinance or policy, this Agreement shall terminate, and Owner will not be able to store fuel in City facilities upon consumption of all fuel then stored with the City. In addition, either party may terminate this Agreement upon thirty days' notice to the other party, and upon such termination, the Owner may consume all fuel then stored with the City under the terms of this Agreement. The availability of storage will be determined on the City's total fuel capacity not being less than sixty (60) percent. Depending on the availability of fuel storage capacity, the City limits two fuel storage tanks, when available, to support this service. agrees to consume a minimum of 20,000 gallons of fuel annually to remain eligible for the service, and agrees to pay the (W.., City for the amount received into City facilities, per gallon fee established in the City's Fees Schedule, along with any other related fees, each time fuel is dispensed into the aircraft listed in this Agreement. This fee is set for the length of this Agreement. The agreed fee is subject to annual review, and if recalculation is necessary due to adjustment in the tax rate and the direct/indirect fueling costs incurred by the City, that fee will not be affected for the active term of any standing Agreement. To the maximum extent allowed by law, the Owner does hereby, for itself, its heirs, executors, administrators, agents, officers and assignees, and anyone entitled to act on its behalf, release and discharge the City of Monroe from any and all claims of damages, loss, injury or liabilities of any kind suffered by it as a result of the activities arising pursuant to the Agreement. Owner assumes all risk associated with this Agreement, including but not limited to loss of fuel, deterioration or contamination of fuel, personal injury and damage to personal property associated with the delivery, storage, and aircraft fueling pursuant to this Agreement except for damages caused solely by the negligent acts of the City, it employees, or agents. The Lessee, at its own expense, will naming the Lessor as an additional insured, and will furnish certificates of such insurance to the Lessor with the provisions that Lessor will be given thirty days written notice of any intent to terminate or modify such insurance by either Lessee or the insuring company. To the maximum extent allowed by North Carolina law, Owner agrees to indemnify and save Monroe harmless from all suits, actions, debts, accounts, damages, and any reasonable costs, losses, and expenses arising out of any activities associated with this Agreement excluding any suits, losses claims or costs arising solely from the willful conduct or negligence of Monroe its officers, agents and employees. Any notice to be given hereunder shall be made in writing and mailed by first class U.S. Mail to each of the parties as hereinafter stated or to such other address, as such party may designate to the other in writing: City Council Regular Meeting April 2, 2019 Page 27 Monroe: Owner: City of Monroe P.O. Box 69 Monroe, North Carolina 28111-0069 Subject to the terms and provisions hereof, either party may assign or transfer its right hereunder upon written approval of the other party, such approval not unreasonably withheld. This Agreement contains the entire understanding between the parties. No other Agreement, statement, or promise made by either party, orally or in writing, which is not contained in this Agreement shall be valid or binding. This Agreement is subject to all present and future valid and applicable laws, rules, regulations, and statutes of any governmental authority having jurisdiction and the parties hereto agree to collaborate when necessary to obtain permits, certifications, licenses, or the like as may be required to comply with such laws and regulations. Except as otherwise stated in this Agreement, if any article, paragraph, or provision of this Agreement is declared or rendered unlawful by a court or regulatory agency with jurisdiction is deemed unlawful for any reason, the remainder of this Agreement shall be not affected thereby and shall continue in full force and effect to the extent permitted by law. E-Verify Requirement. Owner shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if Owner utilizes a subcontractor, Owner shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate original by its duly authorized representatives. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None r► B. Fuel Storage Agreement with Charter Jet Transport subsidiary of Aerowood Aviation. Council Member Anthony moved to approve the Fuel Storage Agreement with Charter Jet Transport subsidiary of Aerowood Aviation. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute to the Charlotte -Monroe Executive Airport Fuel Storage Policy and the Fuel Storage Agreement with Charter Jet Transport, subsidiary of Aerowood Aviation. Council Member Holloway seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting April 2, 2019 Page 28 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 7. Concord Avenue Sidewalk Proiect. Engineering Director Jim Loyd advised by memorandum that the City agreed to partner with Union County in July 2015 as a participant entitlement City for the "Urban County" Community Development Block Grant (CDBG) Program through the Centralina Council of Government. Mr. Loyd advised that new sidewalk along Concord Avenue from Charlotte Avenue to Lomax Street was chosen as the first project. He advised that to date, the City had funded the necessary environmental review for the project in the amount of $4,400 and had been approved through the CDBG Program for $391,000 for the design and right-of-way purchase for the installation of approximately 2,100 linear feet of new sidewalk along Concord Avenue. Mr. Loyd advised that American Engineering was awarded the contract for the architectural and engineering services for the design, bidding and construction documents for the project in the amount of $235,548.50. He advised that the contract was later reduced to $187,190.50 after removing the construction phase services which Union County requires to be acquired separately from architectural and engineering services. Mr. Loyd advised that Staff advertised a Request for Proposals (RFP) on February 6, 2019 for property acquisition services for the project. He advised that there were 34 parcels along the (68W, project where permanent and temporary construction easements would be needed for the installation of sidewalk. Mr. Loyd advised that five responses were received by the February 28, 2019 deadline. He shared the following summary of proposals received: CONTRACTOR PROPOSAL NOTES AMOUNT The Right of Way Group $76,600 Professional Property Services $92,000 Total modified to reflect correct number of parcels O.R. Colan Associates, LLC $117,800 Telics $124,200 THC $128,200 Total modified to reflect correct number of appraisals Mr. Loyd advised that Staff recommended awarding the contract to The Right of Way Group in the amount of $76,600. He advised that a contingency of $10,000 was recommended to cover possible change orders during the course of the work. With $391,000 currently in the project budget (RD 1801) and design services for American Engineering totaling $187,190.50, Mr. Loyd advised that there remained approximately $203,000 for this property acquisition contract and actual compensation to property owners for the necessary easements. He advised that additional funding through the CDBG program was being requested to cover future construction cost. Mr. Loyd advised that Staff presented this item to the Public Enterprise Committee on March 18, 2019; however, the Committee did not have a quorum and the matter was being presented without a Committee recommendation. City Council Regular Meeting April 2, 2019 Page 29 Mr. Loyd advised that it was the recommendation of Staff that Council award the property acquisition services contract for the Concord Avenue sidewalk improvements project to The Right of Way Group in the amount of $76,000, authorize a contingency allowance in the amount of $10,000 to cover possible change orders during the course of the work and authorize the City Manager to execute any and all necessary documents. A. Award of ProDerty Acquisition Services Contract to The Right of Wav GrouD. Council Member Anthony moved to award the property acquisition services contract for the Concord Avenue sidewalk improvements project to The Right of Way Group in the amount of $76,000. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None B. Authorization of Contingencv Allowance. Council Member Anthony moved to authorize a contingency allowance in the amount of $10,000 to cover possible change orders for the property acquisition services contract for the Concord Avenue sidewalk improvements project. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the property acquisition services contract for the Concord Avenue sidewalk improvements project. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 8. Energv Services Bucket Truck. Interim Energy Services Director David Lucore advised by memorandum that the Purchasing Department had identified a bucket truck that met all the needs and specifications for the Electric Division through the Sourcewell Cooperative Purchasing Program (formerly NJPA). Mr. Lucore advised that the vendor, Altec Industries, Inc., and Sourcewell had entered into an agreement for the procurement of a bucket truck. He advised that Altec had provided a quote for the bucket truck in the amount of $186,853 that met the requirements of the Sourcewell contract. In accordance with Section 34.01-G of the City of Monroe Code of Ordinances, Mr. Lucore advised that Council was required to authorize all purchases exceeding $100,000. Therefore, he advised that it was the recommendation of Staff that Council award the contract for the bucket truck through Sourcewell's Cooperative Purchasing Program to Altec Industries, Inc. in the City Council Regular Meeting April 2, 2019 Page 30 amount of $186,853 and authorize the City Manager to execute the contract. Mr. Lucore advised that there were sufficient funds budgeted for the acquisition. 4 A. Award of Contract through Sourcewell Cooperative Purchasing Program to Altec Industries. Inc. Council Member Anthony moved to award the contract for the bucket truck for Energy Services through the Sourcewell Cooperative Purchasing Program to Altec Industries, Inc.to in the amount of $186,853. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem. Anderson and Mayor Kilgore NAYS: None B. Citv Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the contract for the bucket truck for Energy Services. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 9. Minutes and Reports. A. Disbursement of Fiscal Year 2018-2019 Citv Council Discretionary Funds. 1) Mavor Bobbv Kilgore. City Clerk Bridgette Robinson advised by memorandum that Staff had received a request from Mayor Bobby Kilgore for disbursement of City Council Discretionary Funds to The ARC of Union/Cabarrus in the amount of $200. Disbursements for Mayor Kilgore follow: Date I Recipient 07/07/2018 Discretionary Allocation FY 2018-2019 09/27/2018 Council on Aging in Union County 09/27/2018 Monroe High School Athletic Foundation 10/24/2018 Bridge to Recovery 11/02/2018 Union County Chamber of Commerce 11/07/2018 The Shepherd's Place 12/03/2018 Union County Crisis Assistance Ministry 12/21/2018 Union County Dr. Martin Luther King, Jr. Organization 12/21/2018 Dr. Martin Luther King, Jr. Committee, Inc. 01/25/2019 A Few Good Men 03/20/2019 The ARC of Union/Cabarrus Fiscal Impact Amount Balance $3,000 $500 $2,500 $250 $2,250 $250 $2,000 . $50 $1,950 $250 $1,700 $125 $1,575 $25 $1,550 $25 $1,525 $30 $1,495 $200 $1,295 As this item was for informational purposes only, no action was required from Council. City Council Regular Meeting April 2, 2019 Page 31 B. Financial Reports for March 2019. Financial Reports for March 2019 were received as information by Council. C. Minutes of Board of Adiustment Meetins of January 24, 2019. Minutes of the Board of Adjustment Meeting of January 24, 2019 were received as information by Council. D. Minutes of Citizens Appointment Committee Meetine of December 3, 2018. Minutes of the Citizens Appointment Committee Meeting of December 3, 2018 were received as information by Council. E. Minutes of Citv Council Meetings of March 5, 2019. Council Member Anthony moved to approve the Minutes of the City Council Strategic and Regular Meetings of March 5, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None F. Minutes of Downtown Advisory Board of Meeting of October 23, 2018. Minutes of the Downtown Advisory Board Meeting of October 23, 2018 were received as information by Council. G. Minutes of General Services Committee Meeting of February 18, 2019. Minutes of the (ow., General Services Committee Meeting of February 18, 2019 were received as information by Council. H. Minutes of Monroe Tourism Development Authoritv Meeting of February 14, 2019. Minutes of the Monroe Tourism Development Authority Meeting of February 14, 2019 were received as information by Council. I. Summary of Contracts Awarded, Chanae Orders Approved and Settlement of Claims. City Manager E.L. Faison reported by memorandum the award of contracts pursuant to Ordinance 0-2001-17, change orders approved pursuant to Resolution R-2000-76 and the settlement of claims pursuant to Ordinance 0-2008-50: Date j Name Purpose Fiscal Impact Fund Amount 0 /2 26/2019 I ABRA Auto Body & Vehicle collision repair Human $10,000 Glass Resources 02/28/2019 Blended Ideas Group Billboard and movie theatre Downtown $9,090 advertising 02/28/2019 Charlotte Business Special Supplement Insert to Economic $12,001 Journal be included in the June 7, 2019 Development edition 02/28/2019 KMD Construction I Bulk hangar construction Airport $-44,745 [CO #5] City Council Regular Meeting April 2, 2019 Page 32 Date Name -T Purpose Fiscal Impact Fund Amount 03/05/2019 Piedmont Chlorinator New injector and metering Water *$4,297 assembly to feed new clear Resources well 03/05/2019 Piedmont Chlorinator Service and parts for Water *$4,999 I chlorinators Resources 03/05/2019 Piedmont Flooring Flooring and base for new Energy *$2,093 offices Services 03/05/2019 Southern Comfort Monroe Aquatics and Fitness Operations *$2,310 Steam Clean Center (MAFC) quarterly Administration steam cleaning of carpeted surfaces 03/08/2019 American Engineering Concord Avenue Community Finance *$2,080 Development beautification — landscape design 03/08/2019 I Carson Automotive Hydraulic hose fabrication Finance *$4,999 services 03/08/2019 I Northstar Engineering Liquefied Natural Gas Peak Energy <$3,900> Services Shaving Plant Services 03/08/2019 The Roberts Company Liquefied Natural Gas Peak Energy *$4,000 [CO #5] Shaving Plant Services 03/13/2019 Aerowood Aviation Lease Agreement for terminal I Airport $8,572 building offices 03/13/2019 DH Griffin Demolition of 320-322 E. Downtown $133,600 1 [CO #1] Franklin Street 03/13/2019 Imagine Music Group Entertainment bookings and Parks and *$500 [CO #1] sound production for City Recreation events 03/13/2019 KMD Construction Construction of corporate I Airport $44,849 [CO #1] hangars and offices 03/13/2019 Rhinehart Fire Hydro Testing 80 4500 psi Fire *$2,000 Services self-contained breathing air bottles 03/13/2019 Underwater Solutions, Clean and inspection of Lake Water $8,980 Inc. Twitty Dam and Lake Lee Resources intake 03/13/2019 Versalift Southeast Truck dielectric and structure Energy *$4,999 [CO #1] testing Services 03/20/2019 Fortiline Repair of hydraulic saw Water *$2,112 I Resources 03/21/2019 Atlantic Pinstriping Remove old Warbirds Over Administration *$1,975 Monroe wrap and install new car wrap for Honda Civic 03/21/2019 Charlotte Flights Provide timing service for the Parks and *$800 Timing Company track and field program track Recreation meet 03/21/2019 Hinson Services Replacement of 20 ton HVAC Parks and $21,760 at MAFC I Recreation (, 03/21/2019 Aquatic Resource Remove old drains/replace Parks and $14,000 Group new VGB drains at the MAFC Recreation City Council Regular Meeting April 2, 2019 Page 33 Date I Name Purpose (Water Park and repair Strainer Pad) Fiscal Impact Fund Amount *Approved by Department Director Total I $244,292 There were no settlement of claims. This item was for informational purposes only; therefore, no action was required from Council. Item No. 10. Resolutions. A. Rules of Conduct for Monroe Aquatics and Fitness Center. Parks and Recreation Director Tonya Edwards advised by memorandum that on August 21, 2007, Council adopted the Rules of Conduct for the Monroe Aquatics and Fitness Center by Resolution R-2007-62. Ms. Edwards advised that the rules were created with the intent of setting conduct policies for members and member usage to ensure safety. However, she advised that all individuals, members, guests or otherwise should be required to adhere to the Rules of Conduct while on the property. Ms. Edwards advised that a recommendation was being made to change the wording to include "anyone on site." Ms. Edwards advised that Staff presented this item to the General Services Committee on March 20, 2019 and the Parks and Recreation Commission on February 19, 2019. Ms. Edwards advised that it was the recommendation of the General Services Committee, the Monroe Parks and Recreation Commission and Staff that Council adopt a Resolution amending Resolution R-2007-62 to revise the Rules of Conduct for the Monroe Aquatics and Fitness Center to include "anyone on site." Council Member Anthony moved to adopt Resolution R-2019-16: RESOLUTION AMENDING RESOLUTION R-2007-62 ADOPTING RULES OF CONDUCT FOR MONROE AQUATICS AND FITNESS CENTER R-2019-16 WHEREAS, the City Council of the City of Monroe previously adopted Resolution R-2007-62 adopting Rules of Conduct for the Monroe Aquatics and Fitness Center ("MAFC") on August 21, 2007; and WHEREAS, the City Council has agreed to amend Resolution R-2007-62 and replace it with Resolution R-2019-16; and WHEREAS, the City of Monroe constructed and operates the MAFC for the benefit of its members and the City in general; and WHEREAS, in order to maintain a safe and orderly environment for its patrons, the Monroe City Council has determined that it is necessary to adopt certain rules and standards of conduct required of individuals on the MAFC property; and City Council Regular Meeting April 2, 2019 Page 34 WHEREAS, the Monroe City Council has also determined that in order to assure the continued safety and wellbeing of MAFC patrons, it is also necessary to adopt certain standards governing conduct of all individuals on MAFC property and guidelines for membership and revocation of membership. NOW, THEREFORE, BE IT RESOLVED THAT the following Rules of Conduct, which apply to all individuals on MAFC property, including but not limited to members and guests, are hereby adopted for the MAFC: MONROE AQUATICS AND FITNESS CENTER RULES OF CONDUCT The following rules of conduct apply to all individuals on MAFC property. In the case of a member, the MAFC reserves the right to suspend or revoke the membership privileges of anyone, without refund, whose behavior is not in accordance with accepted rules of conduct including but not limited to the following: 1. Abusing or damaging the facility or equipment; 2. Using profanity; 3. Engaging in disruptive activities, fighting, threatening others, unlawful activities; 4. Being disrespectful to staff or other members or failing to follow reasonable instructions or directions of staff; 5. Misusing membership cards; 6. Possession of alcoholic beverages, drugs, controlled substances or weapons; Parents shall be held responsible for the behavior and actions of their children. Bags and containers are subject to inspection by staff. Anyone who appears on the National or North Carolina Sex Offender Registration will be denied entry, and any member who appears on the National or North Carolina Sex Offender Registry will be denied membership or have his/her membership revoked. Failure to conform with accepted rules of behavior or breach of any of these rules may result in a denial of entry or removal from the premises and, in the case of a member, a suspension or revocation of membership privileges. Duration of suspensions will be at the reasonable discretion of the MAFC Director based on the nature of the conduct. These rules shall become effective upon adoption. Adopted this 2°a day of April 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting April 2, 2019 Page 35 B. Rules Governing Conduct of Public Comments during Citv Council Regular Meetings. City Attorney Mujeeb Shah -Khan advised that at the March 5, 2019 City Council Strategic Planning Meeting, Council discussed moving the public comment period to earlier in the Council agenda. City Attorney Shah -Khan advised that Council agreed by a 6-1 vote to move the public comment period to be before the Consent Agenda and after any recognitions or proclamations at the start of the City Council Regular Meetings. He advised that Council agreed that the changes should be memorialized in a Resolution reflecting the changes to Council's Rules Governing Public Comment period. City Attorney Shah -Khan advised that the changes would be effective for the May 7, 2019 City Council Regular Meeting. Staff recommends that Council adopt a Resolution formally approving the changes. CCouncil Member Anthony moved to adopt Resolution R-2019-23: RESOLUTION ADOPTING RULES GOVERNING CONDUCT OF PUBLIC COMMENTS DURING CITY COUNCIL REGULAR MEETINGS R-2019-23 WHEREAS, the North Carolina General Assembly enacted House Bill 635 which now requires a public comment period at least one time per month during Regular Council Meetings for all municipalities in the State; and (tm� WHEREAS, in the past, the City of Monroe has routinely invited and received public comment during City Council Regular Meetings although not a formal agenda item; and WHEREAS, the City Council of the City of Monroe desires to continue its practice of listening to the citizens of the community by receiving public comment during its Regular Meetings making such practice a formal agenda item in the future; and WHEREAS, by Resolution R-2005-35, in order to conduct such public comment period in a timely and orderly manner, the City Council approved reasonable rules governing the conduct thereof WHEREAS, the City Council, at its March 5, 2019 Strategic Planning Meeting discussed moving the public comment period to an earlier portion of its regular meetings; and WHEREAS, the City Council finds that it is necessary to amend prior rules governing the conduct of the public comment period. NOW, THEREFORE, BE IT RESOLVED that the Monroe City Council does hereby adopt the attached rules governing the conduct of the Public Comment Period during City Council Regular Meetings. Adopted this 2nd day of April, 2019. RULES GOVERNING THE PUBLIC COMMENT PERIOD DURING CITY COUNCIL REGULAR MEETINGS 1. A Public Comment Period shall be placed on the agenda of each City Council Regular Meetings. Said agenda item shall occur following any recognitions such as Proclamations or recognitions of City Council Regular Meeting April 2, 2019 Page 36 citizens and groups, but no later than before the start of the Consent Agenda considered by Council during the meeting. 4 2. Each person desiring to speak during the Public Comment Period shall sign up to speak prior to the start of the meeting on the form provided by listing their name and topic on which he or she will speak. 3. A total time of thirty (30) minutes will be allotted for the Public Comment Period at the end of which those who signed up to speak may be requested to hold their comment until the next regular Public Comment Period during which they will be given priority for comment. Council, in its discretion, may extend the time allotted for Public Comment. 4. Each speaker shall be allotted up to three (3) minutes to speak which shall be strictly observed unless otherwise extended at the discretion of the Council. 5. Speakers shall at all times maintain proper decorum and shall make their comments in a civil manner. Speakers shall remain at the podium to make comments and not approach Council or staff without the express invitation of the Mayor or presiding officer. 6. At the request of Council, groups of persons supporting or opposing the same positions may be asked to designate a spokesperson to speak. 7. Speakers shall not speak on any topic which is the subject of a public hearing on the same agenda. 8. Council will refrain from engaging in a dialogue with speakers except to the extent necessary to clarify the speaker's position. (woe 9. No formal action will be taken by Council during the same meeting on any matter which was initially introduced during the Public Comment Period. 10. Council shall not restrict the subject matter of any comment based on content in any way except as provided herein. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, [ McGee, Mayor Pro Tem Anderson and Mayor Kilgore �r NAYS: None C. Commissioner and Second Alternate to North Carolina Municipal Power Agencv 1. City Clerk Bridgette Robinson advised by memorandum that the City was a member of the North Carolina Municipal Power Agency 1 (NCMPA 1). Ms. Robinson advised that due to the retirement of the Energy Services Director, it was necessary to fill the vacant position of Commissioner to the NCMPAL In addition, she advised that the Second Alternate position was vacant and needs to be filled. Ms. Robinson advised that it was the recommendation of Staff that Council adopt a Resolution appointing Energy Services Interim Director David Lucore as Commissioner and Energy Services City Council Regular Meeting April 2, 2019 Page 37 General Manager of Engineering, Transmission, Maintenance and Compliance Robert Miller as the Second Alternate Commissioner to the NCMPAL LCouncil Member Anthony moved to adopt Resolution R-2019-24: RESOLUTION APPOINTING COMMISSIONER AND SECOND ALTERNATE COMMISSIONER TO NORTH CAROLINA MUNICIPAL POWER AGENCY 1 R-2019-24 WHEREAS, the City of Monroe is a member of the North Carolina Municipal Power Agency 1 and has regularly appointed Commissioners to said Agency; and WHEREAS, the Monroe City Council does desire to appoint a Commissioner and a Second Alternate Commissioner to the North Carolina Municipal Power Agency 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Monroe that Energy Services Interim Director David E. Lucore is hereby appointed Commissioner and Energy Services General Manager of Engineering, Transmission, Maintenance and Compliance Robert S. Miller, IV is appointed Second Alternate Commissioner to the North Carolina Municipal Power Agency 1 to serve at the pleasure of the City Council until such Commissioners' successor is appointed and qualified. Adopted this 2°a day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following kiva� votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None D. Road Name Change for Remnant of Goldmine Road Created as Result of Goldmine Road Realignment Proiect. Energy Services Director Jim Loyd advised by memorandum that Economic Development Staff began an effort to rename a remnant of the original Goldmine Road between Airport Road and Corporate Center Drive that was created with the realignment of Goldmine Road in 2007 to make room for the extension of the runway at the Charlotte -Monroe Executive Airport. Mr. Loyd advised that the remnant was currently identified as Goldmine Road in the field and had one vacant building located along the roadway assigned a Goldmine Road address. He advised that a new name was needed in order to allow for the accurate addressing of the current Consolidated Metco shipping and receiving entrance as well as the future addressing of developable parcels located on the north and south side of the roadway. Mr. Loyd advised that Economic Development had proposed "Propel Way" as the new name and Union County's Emergency Management had approved it for consideration. He advised that the name was meant to reflect the aerospace related manufacturing in the Corporate Center area and was not associated with any particular business. Mr. Loyd advised that the one parcel (09402002) on this section of roadway with a Goldmine Road address was owned by George Karagounis. He advised that this was proposed to be re -addressed City Council Regular Meeting April 2, 2019 Page 38 to 4105 Propel Way. Mr. Loyd advised that Mr. Karagounis had been notified of the proposed renaming and the requirement of his address change and he was amenable to the proposal. He advised that Consolidated Metco was also in agreement with the proposed renaming. Since a portion of the roadway is in Union County, Mr. Loyd advised that Staff had been working with Union County Transportation Planner Bjorn Hansen in the renaming effort. He advised that Union County's process for naming a roadway was governed by General Statute § 153-A-239.1 which required a public hearing and Ordinance to rename or name any roadway within the county and not within a city. Mr. Loyd advised that Union County held a public hearing on the renaming on March 18, 2019 and hearing no comments, an Ordinance was adopted to rename this portion of Goldmine Road to Propel Way. Mr. Loyd advised that Staff presented this item to the General Services Committee on March 20, 2019. Mr. Loyd advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Resolution renaming of the remnant of Goldmine Road (SR3688) to Propel Way. Council Member Anthony moved to adopt Resolution R-2019-13 : RESOLUTION ENDORSING ROAD NAME CHANGE FOR REMNANT OF GOLDMINE ROAD CREATED AS RESULT OF (400e GOLDMINE ROAD REALIGNMENT PROJECT R-2019-13 WHEREAS, the realignment of Goldmine Road was a project that allowed for an extension of the runway at the Charlotte -Monroe Executive Airport; and WHEREAS, the realignment of Goldmine Road left a remnant between Airport Road and Corporate Center Drive that needs to be renamed; and WHEREAS, the Union County Board of County Commissioners approved the proposed renaming following a public hearing held on March 18, 2019. NOW, THEREFORE, BE IT RESOLVED that Propel Way is the recommended name for SR 3688. Adopted this 2nd day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 11. Tax Releases for February 2019. Finance Director Lisa Strickland advised by memorandum that the refunds and releases of taxes pursuant to North Carolina General Statute City Council Regular Meeting April 2, 2019 Page 39 § 105-381 for February 2019 were $2,812.72. Ms. Strickland advised that the releases were created by a change or reduction in value for the City of Monroe by the Union County Tax Assessor. Ms. Strickland advised that the Union County Commissioners had previously approved these releases and Staff was now requesting that Council approve the tax releases for February 2019 in the amount of $2,812.72. Council Member Anthony moved to approve tax refunds and/or releases for February 2019 in the amount of $2,812.72. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 12. Winchester Facilitv Shmau. Parks and Recreation Director Tonya Edwards advised by memorandum that at the request of the City Manager, Staff solicited input and a recommendation on the current identification signage at the Winchester Recreation Complex. Ms. Edwards advised that Staff presented information regarding complaints received by a Council Member in regards to the current sign at this facility. She advised that it was reported that community members had expressed concerns regarding the labeling of the "Bazemore Community Center" rather than the "Bazemore Meeting Rooms" on the facility signage. Ms. Edwards advised that Staff presented this item to the General Services Committee on March 20, 2019 and the Parks and Recreation Commission on February 19, 2019. Ms. Edwards advised that the Parks and Recreation Commission Members felt that the current sign accurately identified all facilities at this site. She advised that it was noted that this location was unique in that all facilities were not housed in one building. Ms. Edwards advised that the Committee Members felt that since the Bazemore building stood alone and contained two rooms, a meeting room as well as a game room/computer lab, identifying it as the `Bazemore Community Center" seemed appropriate. She advised that it was also felt that the cost of $611 to revise the sign could be better spent on other areas at this facility. Ms. Edwards advised that it was the recommendation of the General Services Committee, the Monroe Parks and Recreation Commission and Staff that Council affirm the current facility identification sign to remain currently worded. Council Member Anthony moved to affirm the current facility identification sign to remain currently as worded. City Council Regular Meeting April 2, 2019 Page 40 6-1 Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 13. Level II Economic Development Incentive Grant to Greiner Bio-One North America. A. Public Hearing., Mayor Kilgore opened the duly advertised public hearing. Assistant Economic Development Director Ron Mahle advised that this was a request to consider the award of a Level II Economic Development Incentive Grant to Greiner Bio-One North America, Inc. in an amount not to exceed $293,250 over a five-year period. Mr. Mahle advised that Staff began discussions with Greiner Bio-One North America, Inc. (under code name Project True) in January 2019. Mr. Mahle advised that the project under consideration was a $12,750,000 investment in new production equipment and related improvements to an existing facility in the Monroe Corporate Center. He advised that Greiner Bio-One North America, Inc. was head -quartered in Austria and had manufacturing facilities in Europe, Asia, and South America. Mr. Mahle advised that the company produced a wide variety of life -science related products used by doctors, hospitals and laboratories throughout North America and the world. 40 Mr. Mahle advised that the company had been located in the Monroe Corporate Center since 2000 and had grown to occupy 235,000 sq. ft. and employed 350 people. He advised that the company City Council Regular Meeting April 2, 2019 Page 41 was considering purchasing and installing new production equipment that would significantly increase its production capacity which would enable the firm to meet burgeoning demand for its 4 products. Mr. Mahle advised that other locations in Austria, Brazil, and Thailand were under consideration for the project. If Monroe was selected, he advised that the project was expected to create 14 new jobs paying an average annual wage of approximately $35,000. Mr. Mahle advised that Staff had reviewed the details of the project and recommended the award of a Level II Economic Development Incentive Grant in an amount not to exceed $293,250 paid over a five year period as inducement to lure the potential investment. Mr. Mahle advised that based on the level of capital investment, a Level II Economic Development Incentive Grant would be in an amount not to exceed $293,250 to be paid in five annual payments beginning in Fiscal Year 2022 based upon appraised value each year as appraised by the Union County Tax Administration office. He advised that the grant was based on the company's projected total investment of $12,750,000 in new equipment over the grant period, but not less than $2,000,000. Given its projected investment in the City of Monroe, Mr. Mahle advised that the current tax rate and assuming a consistent assessed value with no depreciation, the company would pay estimated ad valorem taxes on the new taxable investment of $392,891 over the grant period. He advised that the actual tax revenue to the City would be based on the assessed value of the investment each year depending upon the depreciation schedule and timing of the investments. Mr. Mahle advised that Staff had reviewed the details of the project and conducted a cost -benefit analysis that showed the project had a 1.57 to 1.0 ratio for the term of the grant and a 4.47 to 1.0 ratio for the life of the project. Mr. Mahle advised that it was the recommendation of Staff that Council award a Level II Economic Development Incentive Grant to Greiner Bio-One North America, Inc., in an amount not to exceed $293,250. Council Member Anthony asked if Monroe was the only location in the United States being considered. Greiner Bio-One North America Executive Vice President of Finance, Rick McInnis, advised that the Monroe facility was the only production facility that Greiner had in North America. He advised that Greiner had similar facilities located in Austria, Brazil and Thailand who manufactured the same type of product. Mr. McInnis stated that there was an internal competition to get the equipment in Monroe. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Resolution Awarding Incentive Agreement. Council Member Keziah moved to adopt Resolution R-2019-15: RESOLUTION OF MONROE CITY COUNCIL TO AWARD LEVEL II ECONOMIC DEVELOPMENT INCENTIVE GRANT TO GREINER BIO-ONE NORTH AMERICA, INC. R-2019-15 City Council Regular Meeting April 2, 2019 Page 42 WHEREAS, the City of Monroe has adopted an Economic Development Grant Program, hereinafter "Program"; and, WHEREAS, Greiner Bio-One North America, Inc., has duly applied for a Level II Economic Development Incentive Grant under said program; and, WHEREAS, a public hearing was conducted by the City Council on April 2, 2019 at which hearing testimony was given by Monroe -Union County Economic Development Executive Director Chris Platd and a company representative; and, WHEREAS, the City Council makes the following findings with respect to said application: 1. All facilities, if Monroe is the selected location, are proposed to be built and/or improved by the applicant on property currently within the corporate limits of the City of Monroe. 2. The applicant will be the principal employer of persons with respect to the grant application under the Program. The applicant is a manufacturing business, which will have a minimum new investment of $2,000,000 in new taxable machinery, equipment, and buildings which qualifies them for an economic development incentive grant. 4. No other grant from the Program has been awarded to the applicant for this project. 5. The applicant is not in the retail or the construction trade. (Va�_ 6. That the applicant meets all other applicable requirements of the Grant Program set forth by the City Council. WHEREAS, based on the above findings and other documentation in the file, the City Council concludes that the applicant qualifies for a Level II Grant under the Program for an amount not to exceed Two Hundred Ninety -Three Thousand Two Hundred Fifty Dollars ($293,250) paid over a five-year grant period, beginning in Fiscal Year 2022. With qualification for the grant established and the economic benefits accrued to the City in the form of new employment, increased tax base and increased City utility revenues, the grant application should be approved subject to compliance with the Program and subject to appropriation; and, WHEREAS, the City of Monroe anticipates entering into an Economic Incentive Grant Agreement with Greiner Bio-One North America, Inc., if Monroe is the selected location and pursuant to the City of Monroe Economic Development Incentive Grant Policy. NOW, THEREFORE, BE IT RESOLVED THAT the grant application of Greiner Bio-One North America, Inc., for a Level II Grant be approved subject to compliance with the requirements and provisions of the Program and subject to appropriation. Staff is hereby authorized to negotiate the Economic Development Incentive Grant Agreement and the Mayor is hereby authorized to execute on behalf of the City the Economic Development Incentive Grant Agreement with Greiner Bio-One North America, Inc., under the terms stated above and pursuant to the City of Monroe Economic Development Incentive Grant Policy. Adopted this 2°d day of April, 2019. City Council Regular Meeting April 2, 2019 Page 43 Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Action — Incentive Agreement. Council Member Keziah moved to approve the Incentive Agreement: INCENTIVE AGREEMENT This INCENTIVE AGREEMENT made and entered into this 2nd day of April, 2019 between Greiner Bio-One North America, Inc. (the "Company") and the CITY OF MONROE (the "City"). WHEREAS, North Carolina General Statutes § 158-7.1 authorizes a municipality to undertake an economic development project by extending assistance to a company as an incentive to cause the company to expand its operations thereby expanding the tax base of the City and providing jobs for its citizens; and WHEREAS, the Monroe City Council adopted an Economic Development Incentive Grant Program to provide such assistance as an incentive for expanding business investments in the City of Monroe; and WHEREAS, the Company intends to make improvements to real property and purchase and install new manufacturing equipment at its facility in Monroe and thereby invest approximately Twelve (aw., Million Seven Hundred Fifty Thousand Dollars ($12,750,000) in taxable capital improvements and equipment and anticipates retaining and/or creating jobs; and WHEREAS, such expansion of a business qualifies it for a Level II Economic Development Incentive Grant by the City, and the City Council of the City of Monroe, after public hearing, approved awarding up to a maximum amount of $293,250 to the Company over a five (5) year period based on the qualifying capital investment of the Company; and WHEREAS, the Company and the City enter into this agreement to describe the incentives to be provided by the City in connection with the Company's investments. 4 NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Capital Investments: The Company commits to investing approximately Twelve Million Seven Hundred Fifty Thousand Dollars ($12,750,000), but no less than Two Million Dollars ($2,000,000.00), in new taxable building improvements, machinery, and equipment over a five (5) year period beginning in 2019. Said improvements and new investment shall be located in the City of Monroe and will include the tax value of property relocated into the City as well as newly acquired property. The Company shall provide the City with all necessary documentation and access to inspect improvements necessary to confirm compliance by the Company prior to the City's annual appropriation of the grant. r 2. Annual Grants: The City agrees to pay to the Company up to a maximum amount of Two Hundred Ninety -Three Thousand Two Hundred Fifty Dollars ($293,250) spread over a five (5) year period beginning with City fiscal year 2022. Each annual payment shall be appropriated by the Monroe City Council Regular Meeting April 2, 2019 Page 44 City Council as part of its annual budget adoption process pursuant to the requirements of North Carolina law. The amount of each annual payment shall be based upon proof that the qualifying capital investments have been made by the Company during the preceding year. 3. Limitations: Any grants provided under this Agreement are subject to the Company meeting the minimum qualifications required by the City of Monroe Economic Development Incentive Grant Program, the terms of which are incorporated herein by reference and upon the terms and conditions set out in attached Exhibit A which are incorporated herein. The minimum qualifications require capital expenditures by the Company with an ongoing presence in the City of Monroe which results in the associated additional investment as shown on the Union County tax records. In any year that the Company's capital expenditures fail to meet the minimum qualifications set out in the Economic Development Incentive Grant Program, the Company shall not be entitled to a grant payment for that year. 4. Assignments: No party shall sell or assign any interest in or obligation under this Agreement without the prior expressed written consent of all the parties. 5. Limitation of Obligation by the City: NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. No provision of this Agreement shall be construed or interpreted neither as delegating governmental powers nor as a donation or the lending of the credit of the City within the meaning of the North Carolina constitution. This Agreement shall not directly or indirectly or contingently obligate the City to make any payments beyond those appropriated in the City's sole discretion for any fiscal year in which this Agreement shall be in effect. No provision of this agreement shall be construed to pledge or create a lien on any class or source of the City's moneys, (00" nor shall any provision of this Agreement restrict to any extent prohibited by law, any action or right of action on the part of any future City governing body. To the extent of any conflict between this paragraph and any other provision of this Agreement, this paragraph shall take priority. 6. Miscellaneous: A. This Agreement shall be governed by and interpreted by the laws of the State of North Carolina. B. Any Communication required or permitted by this Agreement must be in writing and shall be deemed given when delivered by hand for mailing first-class mail, postage paid, and addressed as follows: (W If to the Company: Greiner Bio-One North America, Inc. 4238 Capital Drive Monroe, North America Attn: Rick McInnis, Executive Vice President of Finance If to the City: City of Monroe Post Office Box 69 Monroe, North Carolina 28111-0069 Attn: Mr. R. Christopher Platd, Executive Director of Monroe -Union County Economic Development C. If any provision of this Agreement shall be determined to be unenforceable, that provision shall be severable and shall not affect any other provision of this Agreement. City Council Regular Meeting April 2, 2019 Page 45 D. This Agreement constitutes the entire agreement between the parties, and this Agreement shall not be changed or modified except in writing signed by all the parties. (4�r E. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. F. E-Verify Requirement. The Company shall comply with the requirements of Article 2 of Chapter 64 of the General Statues. Further, if the Company utilizes a subcontractor, the Company shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. LEXHIBIT A 1. The Company must invest no less than $2,000,000 in new taxable improvements, buildings, machinery, and equipment over a five (5) year period, beginning in 2019. Such investment will include the tax value of property relocated into the City as well as newly acquired property. 2. The Company must be in good standing with the City during the grant period in order to receive each of the annual grant payments. If at any time the Company fails to be in good standing, grant payments will be suspended until such time the Company returns to good standing. The Company may receive payment prior to its fulfillment of the qualifying investment, but the payment will be issued in proportion to the investment that has been completed to date of the payment request. 3. The Company must request each year's annual grant payment and file the proper form which is available from the Economic Development Department. 4. The City will appropriate the calculated Maximum Annual Grant Payment under this Agreement for the Company each fiscal year for the five (5) year period, beginning in City fiscal year 2022. The calculated Maximum Annual Grant Payment for the Company, which is based on $12,750,000 capital investment, inclusive of the tax value of property relocated into the City, and a grant factor of .0230, will not exceed $293,250. The Actual Grant Payment may differ as it is calculated using the current year's Grant Factor and the current year's assessed value of the real property and personal property associated with this Agreement. 4 5. The City will pay the grant payment within sixty (60) days confirmation of the investment, and confirmation of good standing of the Company. The payment will be in the form of a check mailed or hand delivered to the local facility. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 14. Zoning Maq Amendment Request to Rezone Property Located near Intersection of John Moore Road and Hickory Grove Road from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest — Amendment 1" and Text City Council Regular Meeting April 2, 2019 Page 46 Amendment Reauest to Amend Code of Ordinances — Title XV: Land Usage, Chanter 156: Zoning Code, Section 156.106 titled "Official Zoning Mad' and Section 156.98 titled "Conditional Districts Established." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Keri Mendler advised that this was a zoning map request and a text amendment request by Scott Merritt for 7.52 acres located off of John Moore Road (Parcel ID #: 09-298-119A). Ms. Mendler advised that the applicant was requesting to rezone the property from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest — Amendment L" Ms. Mendler advised that the property was currently zoned Residential -Low Density (R-20). She advised that the applicant was proposing to develop the property into 21 single-family lots with a minimum lot size of 8,000 sq. ft. Ms. Mendler advised that the property would have just over two acres of common open space which was 26.7% of the total area. Ms. Mendler advised that Council approved the previous Conditional District on October 2, 2018; however, once the project was in the engineering phase, it was determined the proposed sand filter for stormwater purposes was not going to work for this site. Since there was a note specifically on the original plan regarding the sand filter, she advised that the applicant must seek approval for the modification. Ms. Mendler advised that the applicant was seeking a reduction in the approved heated square footage of the homes from 1,800 sq. ft. to 1,400 sq. ft. She advised that the applicant had submitted additional elevations for consideration. Ms. Mendler advised that the homes still must meet the exterior material requirements as previously approved. Insofar as area characteristics, Ms. Mendler advised that the existing uses included Single -Family Residential and the zoning districts were R-20. She advised that the density of the proposed project was 2.79 units per acre. Ms. Mendler advised that the project was required to provide at least 12% open space for the total land area of the site. For this particular property, she advised that 0.9 acres would be required to be left as open space. Ms. Mendler advised that the applicant had provided 2.01 acres as open space which is 26.7% of the project. She advised that no amenity area was being proposed for this 4 project. Ms. Mendler advised that the developer was proposing homes with a minimum of 1,400 sq. ft. of heated floor space. She advised that the proposed exterior building materials would include fiber cement, stone, stucco, brick and/or vinyl. If vinyl was used, Ms. Mendler advised that it must be a high -quality vinyl that was at least .044 inches thick. She advised that the vinyl must also have backing material, must be heat resistant with UV reflective additives and must be wind resistant. Ms. Mendler advised that if vinyl was used, 25% of the front fagade must include fiber cement, brick, stone or stucco. Ms. Mendler advised that the applicant was proposing that trees be planted on average 40 ft. on center, except on lots one through five. She advised that all trees would be planted 22'- 30' behind the edge of the curb. Ms. Mendler advised that there would be a landscaped buffer between lot City Council Regular Meeting April 2, 2019 Page 47 two and John Moore Road and there would also be a perimeter buffer around the property. She advised that the applicant had provided a note to clarify that each lot would have at least one tree 4 prior to a Certificate of Occupancy being issued. Ms. Mendler advised that each home would have a two -car garage that would have ornamentation and/or windows or other detailing (such as hardware to mimic a carriage style garage). She advised that each driveway would be paved with concrete and would be able to accommodate at least two vehicles. Due to the number of lots and the right-of-way width, Ms. Mendler advised that sidewalks were not required in this development. She pointed out that the adjoining Hickory Grove Road development did not have sidewalks either. Ms. Mendler advised that the previous approval had specified that sand filters would be used for stormwater management. She advised that once the applicant got into the engineering phase of this project, it was determined that sand filters would not work. Ms. Mendler advised that a revised note had been added to state that detention and water quality basins would be an approved stormwater control measure. She advised that the stormwater would be evaluated and reviewed, if the project was approved by Council, at the building permit stage of the process. Ms. Mendler shared with Council pictures of the new elevations. With regard to public notification, Ms. Mendler advised that a rezoning notification sign was posted ten days prior to the public hearing and an official rezoning notification letter was sent to the adjacent property owners located within 150 ft. ten days prior to the public hearing. Ms. Mendler advised that the Land Development Plan indicated this area was Suburban. She advised that while residential uses typically took the form of neighborhoods with uniform housing types and densities, a mix of housing types and lot sizes was preferred in Suburban locations. Ms. Mendler advised that attached and multi -family housing was suitable in mixed -housing neighborhoods and activity centers. She advised that commercial development mostly served the needs of nearby residents and often located along corridors with higher traffic volumes and near prominent intersections. Ms. Mendler advised that emphasis should be placed on integrating the design of commercial centers with surrounding neighborhoods. She advised that multimodal connectivity between neighborhoods and to a nearby center also should be emphasized. Ms. Mendler advised that strategic connections to the off-street multi -use trail network were preferred and open space should be preserved in both active and passive forms within neighborhoods. She advised that the density for suburban residential is two to four units per acre. Ms. Mendler advised that the Planning Board recommended that Council approve the request to rezone the property from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest — Amendment L" Council Member Anthony requested confirmation that the changes were the stormwater retention and the sq. ft. of the homes being reduced from 1,800 sq. ft. to 1,400 sq. ft. City Council Regular Meeting April 2, 2019 Page 48 Ms. Mendler stated that was correct and noted that the average of the surrounding properties was around 1,200 to 1,300 sq. ft. Council Member Anthony asked Staff what responses were received and the comments received. Ms. Mendler advised that she spoke to two individuals who lived on Valleydale Road and one individual who lived on John Moore Road. She advised that the individual on John Moore Road had general questions about the matter. Ms. Mendler advised that the individuals on Valleydale Road had concerns as to whether this was a wet pond and the potential for mosquitoes and other pests. Council Member Anthony asked how many letters were mailed out. Ms. Mendler advised that approximately 39 letters were mailed out. Council Member Anthony asked if out of the 39 letters, there were only two individuals with concerns and/or questions. Ms. Mendler advised that was correct. Mayor Kilgore asked what the difference was between what Council had already approved and what the applicant was requesting regarding stormwater. Ms. Mendler advised that the applicant had proposed a sand filter which typically did not hold water on a regular basis. She advised that the applicant was now proposing a wet pond which held water on a more regular basis. With the new restrictions being requested, Council Member Jordan asked how close this brought the property to the developer's original request, Conditional District Dalton Cove, which Council denied on September 6, 2016. Council Member Jordan stated that at the September 4, 2018 City Council Regular Meeting, Council appointed the "Dogwood Forest Committee" comprised of Brenda Hamilton, James (, Levinsky, Larry Robinson, Council Member Anthony, Council Member Keziah, Council Member McGee, Scott Merritt and City Staff Council Member Jordan advised that the committee was to hold discussions related to resolving issues between the neighborhood, the developer and the City. Ms. Mendler believed that there were 24 lots being proposed in 2016 with a minimum house size of 1,400 sq. ft. Council Member Jordan stated that the detention ponds were also a problem for the community at that time. He stated that even though two detention ponds were being proposed, Council had previously told the residents that the property would have sand filters and would not have standing water. Council Member Jordan stated now there was an attempt to change it. City Council Regular Meeting April 2, 2019 Page 49 Council Member Jordan stated that there were some other accommodations being made with moving water from a certain area on the property to a lower area and having some type of a storm Cdrain to help pull that water and move it off the property. He was curious if any of that had been changed or downgraded. Ms. Mendler advised that the City had done work regarding some of the stormwater concerns. As far as the location of the stormwater features and where they would discharge, Ms. Mendler advised that this had not changed from the original, approved proposal. Planning Director Lisa Stiwinter stated that typically with the stormwater requirements, the engineer did not spell out what type of Best Management Practice (BMP) would be in place. Ms. Stiwinter advised that there were concerns from the neighbors about the runoff of the water. She stated that Council did table the project to allow some Council Members and Staff to meet with the neighborhood. Ms. Stiwinter stated that Engineering Staff was involved and had done some improvements in the area as well. She stated that the sand filter was put in as a note to try to meet the residents' request but when it got close to starting the construction drawings or stormwater, the topography would not allow for the sand filter. Ms. Stiwinter stated that since there was a note on the plan, an amendment to the plan was required. Council Member Jordan asked for confirmation that this was the same developer from the original request. Staff confirmed that it was the same developer. (aw.e Council Member Jordan asked if contact had been made with the residents that previously served on the Dogwood Forest Committee to share what was being proposed and if they were comfortable with the requested changes. Ms. Stiwinter stated that in accordance with state law, residents were notified of the public hearing. She advised that while it was not a requirement to reach out to the public, Staff had advised and encouraged the applicant to reach out to the public. Ms. Mendler reiterated that Staff did encourage the applicant on several occasions to reach out to the public and to the best of her knowledge, this did not happen. Council Member Anthony stated that the Dogwood Forest Committee was formed because of the displeasure of the people in the neighborhood. She stated that out of courtesy, the neighbors should have been notified. Council Member Anthony stated that this was the third time the developer had been before Council and there was still an issue with the stormwater retention. She stated that she assumed that the developer had a lot of experience in building developments but questioned how he missed the mark so much that he was now back before Council requesting a reduction in the square footage of the homes and proposing a new stormwater retention plan. City Council Regular Meeting April 2, 2019 Page 50 Mr. Jeremy Roberts of Eagle Engineering stated that in going through the design phase of the project, it was determined that the groundwater was pretty high on this site. Mr. Roberts stated that the water was only about six inches below the ground in the low areas of the site. He stated that this would not allow for a sand filter. Mr. Roberts stated that a sand filter could not be saturated in the groundwater. Council Member Anthony stated that this was the third time the matter had come before Council. She stated that she knew the developer was experienced and had a lot of developments. Council Member Anthony asked would this information not have been discovered before now. Mr. Roberts stated that this type of information would not have been discovered until the construction drawing phase. He stated that essentially one went through the rezoning phase and then the construction drawing phase they went through the due diligence of finding out what the water table elevation was during the design. Council Member Anthony stated that the developer had presented the design before and she said this did not make sense to her. Mr. Roberts stated that the issue was the original zoning plan specifically called for a sand filter and during the design of the site, they determined that a sand filter could not be used. Council Member Jordan stated that he would like to hear comments from Engineering Director Jim Loyd. He stated that Mr. Loyd had diligently worked with the neighbors. (6W., City Attorney Shah -Khan stated that this matter was continued from September 2018 and approved in October 2018. He advised that the ad hoc committee was formed between these dates. B. Action — Tabled to Mav 7, 2019 Citv Council Regular Meetins. Council Member Keziah moved to table this matter to the May 7, 2019 City Council Regular Meeting without further advertising to allow the Dogwood Forest Committee to meet and discuss the proposed changes. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Neighborhood residents Roland Marton and Gwen Bothun expressed an interest in attending the meeting and/or changing the makeup of the Dogwood Forest Committee to include additional community representatives. Council Member Keziah advised that public notification would be provided and any interested neighbors were invited to attend the meeting. He stated that if there were two or three more neighborhood residents present that wanted to be at the meeting, he requested that they provide their contact information to Planning Director Lisa Stiwinter. City Council Regular Meeting April 2, 2019 Page 51 City Attorney Shah -Khan stated that Council could determine the composition of the ad hoc 4 committee and because it was a committee that would advise Council, public notice would be given and the public would be allowed to attend. He advised that the notification would allow individuals not on the ad hoc committee to attend and provide public input. Council Member Jordan stated that what he understood Council Member Keziah to say was that if there was another two or three people that would like to be a part of the ad hoc committee, he did not have a problem with that. Item No.15. Zoning Map Amendment Request to Rezone Property Located at 2111 Stafford Street Extension from General Industrial to Conditional District "Bridge to Recovery" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage. Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Senior Planner Doug Britt advised by memorandum that this was a zoning map amendment and text amendment request by Lewis Davis of Bridge to Recovery for the property located at 2111 Stafford Street Extension. Mr. Britt advised that the applicant was requesting to rezone the subject property from General Industrial (GI) to Conditional District "Bridge to Recovery" in order to expand the current operation of the facility. (W,e Mr. Britt advised that the applicant was proposing to construct a community building constructed of brick, four dormitory buildings for the patients as well as two parking lots totaling 48 spaces on the subject property. He advised that at this time, the applicant was not sure of the exterior materials for the dormitories, but the dormitories would have limited visibility from Stafford Street Extension. Mr. Britt advised that the applicant was also requesting to retain all uses allowed within the GI zoning district. Mr. Britt advised that Bridge to Recovery was a not -for -profit 501C-3 operation that treated substance abuse where the patients were treated for a 28-day period and resided onsite while being treated. He advised that the property was zoned GI and had, in the past, been used as an alcohol treatment facility. Mr. Britt advised that adjoining land uses included vacant and industrial. He advised that zoning districts included RA-40 Union County (Residential -single family low density), Light Industrial (LI), GI/Residential-single family low density (R-20). With regard to density and dimensional standards, Mr. Britt advised that all setbacks had been satisfied for the project. Mr. Britt advised that at the time of construction, the project would be required to install parking cr lot landscaping as well as the streetscape buffer located along Stafford Street Extension. City Council Regular Meeting April 2, 2019 Page 52 Mr. Britt advised that the Land Development Plan indicated that this property was located in the Manufacturing, Logistics and Aerospace/Industrial area. He advised that these areas supported manufacturing and production at a variety of scales, including assembly and processing, warehousing and distribution, bulk storage, and utilities. With regard to public notification, Mr. Britt advised that a rezoning notification sign was posted ten days prior to the public hearing and an official rezoning notification letter was sent to the adjacent property owners located within 150 ft. ten days prior to the public hearing. Mr. Britt advised that it was the recommendation of the Planning Board that Council approve the rezoning request for the property located at 2111 Stafford Street Extension (Parcel# 09-180-001) from GI to Conditional District "Bridge to Recovery." 4 Mr. Aaron Maye stated that in addition to himself, he was representing Plyler Farms and Union County Livestock. Mr. Maye stated that Bridge to Recovery was a great organization. He expressed concern with the City's emergency response time on Stafford Street Extension. Mr. Maye stated that in looking at the site plan, there were going to be more people onsite than currently was there. He hoped the Planning Department had taken into account the emergency response times. Mr. Maye also expressed concern with the sewer availability in the area. He asked if there were any additional City plans regarding the change in use of the property. Council Member Anthony asked Mr. Maye if he was speaking in favor or in opposition. (aw-, Mr. Maye stated that he was not for or against the proposal. He stated that he just wanted to ensure all the concerns had been addressed. Mr. Maye also expressed concern with the additional parking. Council Member Anthony asked Mr. Maye if he had specific concerns. Mr. Maye stated that there was a lot of pedestrian traffic currently coming in and going out of the facility. He stated that there was a bad curve in the area. Mr. Maye stated that he just wanted to ensure that all of these concerns had been addressed from a public safety standpoint. Mayor Kilgore and Senior Planner Britt advised that when a project was submitted to the City, the matter was reviewed by City Departments to ensure that there were no issues with a request. With regard to the request regarding sewer, Mr. Britt advised that there would be some work on the sewer system. He advised that the site would be served by the City of Monroe and if there were any type of sewer extension involved, it would be up to the developer to extend the sewer. Mr. Eric Jones reiterated the concerns mentioned by Mr. Maye. He inquired if others in the area would be able to attach to any amenities that might come along with the project. There being no other speakers, Mayor Kilgore closed the public hearing. ,. B. Action —Resolution Approving Land Development Plan Compliance. Council Member Keziah moved to adopt Resolution R-2019-17: City Council Regular Meeting April 2, 2019 Page 53 RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "BRIDGE TO RECOVERY" R-2019-17 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "Bridge to Recovery" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as Industrial, and nonresidential uses similar to the one proposed would be allowed within this subcategory. The proposed use is a reasonable one and in the public interest based on current zoning and surrounding nonresidential uses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance of the zoning map amendment for property with Union County Tax Parcel Number: 09-180-001. Adopted this 2nd day of April, 2019. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Action — Ordinance Amending Code of Ordinances — Chanter: 156. Section 156:106 titled "Official Zoning Map." Council Member Keziah moved to adopt Ordinance 0-2019-15: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-15 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, 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: Section 1. Amend §156.106 OFFICIAL ZONING MAP as follows: Rezone the property located at 2111 Stafford Street Extension (Parcel# 09-180-001). The request is to rezone the property from General Industrial (G-I) to Conditional District (CD) "Bridge to Recovery" City Council Regular Meeting April 2, 2019 Page 54 4 Section 2. This Ordinance shall be effective upon adoption. Adopted this 2nd day of April, 2019. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None D. Action — Ordinance Amending Code of Ordinances — Chanter: 156, Section 156:98 titled "Conditional Districts Established." Council Member Anthony moved to adopt Ordinance 0- 2019-16: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-16 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, 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: Section 1. Amend §156.98 CONDITIONAL DISTRICTS ESTABLISHED as follows: Conditional District (CD) "Bridge to Recovery" Section 2. This Ordinance shall be effective upon adoption. Adopted this 2nd day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting April 2, 2019 Page 55 Item No. 16. Zoning Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.124 (E)(15) Table titled "Dimensional 4 Requirements in the CA-0 District." A. Public Hearing., Mayor Kilgore opened the duly advertised public hearing. Planning and Development Director Lisa Stiwinter advised that Staff had conducted research from other municipalities regarding minimum lot widths for single-family attached residential such as townhomes. She advised that the research had shown that minimum lot widths for single-family attached residential ranged from 24 ft. to 16 ft. and some municipalities even waive the lot width requirement. Based on research conducted, Ms. Stiwinter advised that Staff was requesting a text amendment to modify the minimum lot width for single-family attached residential such as townhomes within the Sub -District A of the CA-0 District from 24 ft. to 20 ft. Ms. Stiwinter advised that it was the recommendation of the Planning Board that Council adopt an Ordinance approving the zoning text amendment to Section 156.124(E)(15) titled "Dimensional Requirements in the CA-0 District." Council Member Anthony asked if this included duplexes. Ms. Stiwinter advised that duplexes were not permissible uses in Sub -District A. Council Member Anthony asked if townhomes were included. Ms. Stiwinter confirmed townhomes were included. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Resolution Approving Land Development Plan ComDliance. Council Member Keziah moved to adopt Resolution R-2019-18: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE "DIMENSIONAL REQUIREMENTS IN THE CA-0 DISTRICT" 4 R-2019-18 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the Planning Board does hereby find and determine that the adoption of the zoning text amendment to modify the minimum lot widths for single-family attached residential in Sub -District A is consistent with the adopted Concord Avenue Area Master Plan ("Plan"). WHEREAS, the goals of the Plan include improving safety and aesthetics, promoting private investment, encouraging quality development in targeted locations and protecting neighborhood integrity. WHEREAS, the Plan offers general guidance for locations where existing development patterns are appropriate but lack coordination. The Plan also gives specific direction in locations where more significant investments are required to create the sense of place desired by local residents and community leaders. City Council Regular Meeting April 2, 2019 Page 56 A 11 WHEREAS, the proposed zoning text amendment is reasonable and in the public interest because by allowing smaller lot widths for single-family attached residential will serve as an incentive to spur development and revitalization in the Concord Avenue Area. NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the City of Monroe recommends adoption of the Resolution Approving Land Development Plan Compliance to revise note number three (3) of Section 156.124 (E) (15) to modify the minimum lot width for single-family attached residential within the Sub -District A of the Concord Avenue Overlay (CA-0) District from 24 feet to 20 feet. Adopted this 2°d day of April, 2019. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Action — Ordinance Amendine Code of Ordinances — Chauter: 156, Section 156.124(E)(15) titled "Dimensional Requirements in the CA-0 District." Council Member Keziah moved to adopt Ordinance 0-2019-17: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-17 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, 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 1. Amend §156.124 (E) (15): "DIMENSIONAL REQUIREMENTS IN THE CA-0 DISTRICT" as follows: Minimum lot area (square feet) 110,000 [l] n/a 20,000 1 n/a City Council Regular Meeting April 2, 2019 Page 57 Requirement Sub- Sub- Sub- Sub- district A district B district C district D Minimum lot width (linear feet) 36 [3] 24 I 36 24 [2] Maximum lot coverage (%) [4] 70 75 80 100 Minimum lot frontage occupied n/a 60 n/a 80 by building wall (%) [5] Minimum street setback (feet) 20 3 20 n/a Maximum street setback (feet) n/a 20 [6] n/a 8 [7] Minimum side setback (feet) [8] Minimum of 5 each side; 15 0 15 total 0; 10 Minimum rear setback (feet) [9] 20 10 20 from residential Minimum building setback from perimeter lot lines of multi- 20 5 building developments (linear feet) Maximum residential density 6 8 12 16 (units/acre) Minimum residential density n/a n/a 4 (units/acre) Minimum building height n/a 16/2 (feet/stories) Maximum building height 35/3 72/6 [11] I 48/4 (feet/stories) [10] Minimum spacing between buildings on same lot (linear 10 8 5 0 feet) Minimum open space (% of lot I 15 20 25 I 10 or site) NOTES: [1] Minimum development size for single-family attached residential; no lot area requirement for individual lots used for single-family attached residential units. [2] Minimum lot width is measured at the edge of the right-of-way except on cul-de-sac lots, where it is measured at the rear edge of the front setback line. [3] Minimum lot width for single-family attached residential is 20 feet. [4] Maximum lot coverage for single-family attached residential is 95 percent. [5] Measured at front setback unless public gathering area is provided in front of building. [6] Can be increased to accommodate 1 bay of parking and vehicular access in cases where building is two or more stories in height. [7] Can be increased to 20 feet if area between building and street is used for sidewalk. [8] Side setbacks between individual single-family attached residential units is zero. Individual buildings housing single-family attached residential units shall be at least 15 feet apart. City Council Regular Meeting April 2, 2019 Page 58 (W [9] Rear setbacks for individual single-family attached residential units shall be 5 feet. Individual buildings housing single-family attached residential units shall be at least 15 feet apart. [10] In no instance shall single-family attached residential units exceed three stories or 35 feet, regardless of the sub -district where located. [I I] Maximum building height shall be reduced by one foot for each additional foot of distance beyond 100 feet from the Highway 74 right-of-way edge. In no instance shall maximum building height be reduced below 15 feet regardless of distance from the Highway 74 right-of-way edge. Section 2. This Ordinance shall be effective upon adoption. Adopted this 2nd day of April, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 17. Reconsideration of Zoning Man Amendment Request for Conditional District "Fraser Court" from March 5, 2019 Citv Council Regular Meeting. City Attorney Shah -Khan advised that following a public hearing held on March 5, 2019, Council chose to unanimously approve a Resolution Denying Land Development Plan Compliance Conditional District Fraser Court and unanimously denied the Zoning Map Amendment for the Conditional District Zoning Request for Conditional District "Fraser Court." He advised that the effect of Council's action was to deny the Conditional District zoning request. As the request was denied, he advised that the City could not accept another rezoning request for that property for one year. City Attorney Shah -Khan advised that subsequent to the March 5 2019 Meeting and in accordance with Rule 4(a) of the Council Rules of Procedure, Mayor Kilgore requested that the matter be placed onto the April 2, 2019 Council Agenda to be reconsidered. He advised that under Section 30.21 of the Monroe City Code, a motion to reconsider, if heard at the same or succeeding meeting of the Council, which the April 2, 2019 Meeting would be, could be reconsidered by a majority vote. City Attorney Shah -Khan advised that a motion to reconsider must be brought by a member who voted with the majority, which would mean the Mayor or any Council Member could make the motion. City Attorney Shah -Khan stated that if a motion was made and properly seconded, and then approved by four or more members of the Council, the March 5, 2019 items could be reconsidered. He stressed that the motion to reconsider was only procedural. If the motion to reconsider were to pass, City Attorney Shah -Khan advised that Council would still have to determine if it wished to City Council Regular Meeting April 2, 2019 Page 59 approve or deny the Resolution related to land development plan compliance and the rezoning request. City Attorney Shah -Khan advised that if Council approved a motion to reconsider that the reconsidered item be placed on the May 7, 2019 City Council Regular Agenda along with a public hearing on the item. He advised that Staff would recommend that the standard adjacent property owner notification process be used along with advertisements in The Enquirer -Journal. Council Member Anthony stated that she did not recall the matter being a unanimous vote. City Attorney Shah -Khan advised that it was unanimous. He explained that the first vote was for a Resolution Approving Land Development Plan Compliance which failed with a three to four vote. City Attorney Shah -Khan advised that the next vote was a Resolution Denying Land Development Plan Compliance which passed unanimously seven to zero. He advised that the Zoning Map Amendment Denial also passed unanimously seven to zero. City Attorney Shah - Khan advised that because the last two votes were unanimous any member of Council could raise the issue. Council Member Anthony stated that this was confusing to her. City Attorney Shah -Khan stated that he was happy to help alleviate any confusion that he could. He revisited the actions taken by Council on March 5, 2019. (40." Council Member Anthony stated that she did not see the reason for the Resolution Denying Land Development Plan Compliance and the Zoning Map Amendment Denial coming back to Council since it passed unanimously. She asked why Council would just not make a motion on whether or not Council was going to reconsider denying the matter since it had a four to three vote. City Attorney Shah -Khan stated that it was determined from a Staff perspective that when something failed by a three to four vote, there was no action and the matter was gone. He advised that Council took two actions that could be reconsidered. City Attorney Shah -Khan stated that it was hard to reconsider a vote that completely failed. He advised that Staff determined that the appropriate path to follow was a reconsideration of the Resolution Denying Land Development Plan Compliance and the Zoning Map Amendment Denial. City Attorney Shah -Khan advised that if Council wanted to reconsider the vote on the Resolution Approving Land Development Plan Compliance, there were four members who could do that. He again stated that the recommendation from Staff was that Council reconsider the Resolution Denying Land Development Plan Compliance and the Zoning Map Amendment Denial because those two matters were consistent with each other and made better sense that way. Council Member Anthony asked why it was not left up to Council to determine which action they wanted to reconsider in lieu of Staff making the recommendation. 4W City Attorney Shah -Khan stated that Staff was asked to do this and Staff recognized that the appropriate way to handle the matter was on items where Council had actually taken actions. He City Council Regular Meeting April 2, 2019 Page 60 stated that when Council voted against it, they did not take an action they just said they were not going to do something. Council Member Jordan moved to not reconsider the Zoning Map Amendment request for Conditional District "Fraser Court" from the March 5, 2019 City Council Regular Meeting. Council Member Anthony seconded the motion, which passed with the following votes: AYES: Council Members Anthony, Jordan, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: Council Members Holloway, Keziah and McGee City Attorney Shah -Khan advised that a Council Member could bring the item back again; however, it would require five votes to pass. Council Member Anthony asked why it would require five votes. City Attorney Shah -Khan stated that the City Code was worded that if an item was brought at the same or succeeding meeting it only needed a majority vote. He advised if the matter was brought at any other time, it was need a supermajority vote which would be five votes. Council Member Anthony questioned a Council Member being able to place this item on an Agenda again and again. (6w" City Attorney Shah -Khan advised that under Council's Agenda Rules, if the Mayor or two members of Council wished to bring the matter back, Staff did not have discretion to deny adding the item to an Agenda. Council Member Anthony asked City Attorney Shah -Khan as the City's legal representative, would he go so far as to suggest that a Council Member not place this item back on an Agenda. City Attorney Shah -Khan stated that he would not make that recommendation as this was a policy area that he did not get involved in. He advised that if two Council Members or the Mayor requested the item be on an Agenda, Staff would place the matter on an Agenda. However, he 4" advised that Staff would share with the requesting party how the prior votes went. �I�r Mayor Kilgore and City Attorney Shah -Khan both advised that the developer could bring the matter back within one year. Council Member Jordan reiterated that at the request of two Council Members or the Mayor, the matter could be placed on any Council Agenda at any time. City Attorney Shah -Khan stated that was correct under the Rules of Procedure approved by Council. He advised that Staff worked under these Rules. LCouncil Member McGee stated that this applied to any item not just this particular matter. City Council Regular Meeting April 2, 2019 Page 61 City Attorney Shah -Khan advised that was correct. 4 Item No. 18. Loading Zone on Beaslev Street between Franklin Street and Jefferson Street. Engineering Director Jim Loyd advised that Staff had been requested to look into the possibility of removing the loading zone on the west side of Beasley Street between Franklin Street and Jefferson Street to allow for additional parking in the Downtown area. Mr. Loyd advised that the requested deletion of the loading zone was from Richard Hutaff by way of Council Member Marion Holloway. Mr. Loyd advised that the current Ordinance provided for a commercial loading/unloading zone on the west side of Beasley Street from 109 feet south of Jefferson Street to 25 feet north of Franklin Street. He advised that the east side of Beasley Street would continue to be prohibited from parking to allow passage of vehicles. Mr. Loyd advised that Engineering Staff made contact with the businesses in the area to determine if any currently use the loading zone on a regular basis. He advised that the majority of the businesses stated they did not use the loading zone and would have no problem with its removal. However, Mr. Loyd advised that the owners of East Frank Superette and Kitchen located at 209 East Franklin Street did express some concerns and have requested postponing any decision until they open for business to better determine their needs and possible use of the loading zone. He advised that the business was expected to receive 30 or more deliveries per week and the owners were concerned with blocking in customers who are parking in the on -street parking spaces if they use a travel lane for deliveries as allowed by Ordinance 72.56 Parking of Commercial Vehicles in Traffic Lanes. Mr. Loyd advised that it was the belief of the owners that the loading zone would be a benefit to their business by allowing them to keep the street clear of delivery vehicles. Mr. Loyd advised that the building adjacent to Beasley Street at 201 E Franklin Street was currently vacant and available for lease. He advised that it was possible that the new tenant could utilize the loading zone in the future as well. Mr. Loyd advised that the matter was scheduled to be presented to the Public Safety Committee on March 18, 2019; however, the meeting was cancelled. Mr. Loyd advised that it was the recommendation of Staff that Council delay taking action on the request to remove the loading zone on Beasley Street between Franklin Street and Jefferson Street and reevaluate the request in one year to allow East Frank Superette and Kitchen an opportunity to be open for business for several months and the future use of 201 East Franklin Street to be determined before a final decision is made to convert the loading zone area to parking. Council Member Anthony moved to delay taking action of this matter and reevaluate the matter in April 2020. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting April 2, 2019 Page 62 11 A Item No. 19. OMNOVA Solutions Grant ADDlication for Police Department. Council Member Anthony moved to table this matter to the May 7, 2019 City Council Regular Meeting. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 20. Ordinance Amending Code of Ordinances — Title XV: Land Usage, Chapter 158: Erosion and Sedimentation Control. Engineering Director Jim Loyd advised that Engineering Staff began enforcement of a local Erosion and Sedimentation Control Program on July 1, 2003. Mr. Loyd advised that the program was implemented in response to Phase II Storm Water Compliance and to improve the ability to protect Monroe's drinking water supply. He advised that the model Ordinance for local programs had been updated and the North Carolina Department of Energy, Mineral and Land Resources (NCDEMLR) was requesting that delegated programs follow suit. Mr. Loyd advised that the recommended updates were related to changes to the Sediment Pollution Control Act (S.P.C.A.) made in recent years as well as due to legislative changes. He advised that the model Ordinance had also been updated based on guidance language on civil penalty remittances as related to a memorandum issued on September 11, 2018 by the Department of Environmental Quality (DEQ). Due to the above, Mr. Loyd advised that Staff was recommending revisions to the Erosion and Sedimentation Control Ordinance, Chapter 158 of the Monroe City Code to conform to the current model Ordinance for local programs. He advised that the update did not require review by the Sedimentation Control Commission provided that the Ordinance amendment uses the language provided in the model Ordinance. Mr. Loyd reviewed the proposed modifications: SECTION 158.03 Definitions 158.04 Exclusions MODIFICATIONS Working Days. Days exclusive of Saturday, Sunday, Federal and State holidays during which weather conditions or soil conditions permit land - disturbing activity to be undertaken. (A) Aefivities, including the —breeding and grazing of livesteek, undeftake„- on .^^'" ..^.., 1.. t not limited to: Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: ADD: City Council Regular Meeting April 2, 2019 Page 63 SECTION MODIFICATIONS (7) Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. AMEND: (B) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management ft flees set out in standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices), as adopted by the North Carolina Department of EnvireiuilCa and Nat..Fal Deseur-ees Agriculture and Consumer Services. If land -disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land - disturbing activity on the tract. ADD: (F) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. (G) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2 158.16 Erosion and AMEND: Sedimentation (C) The City of Nilenr-ee Erosion CepAre' Spe,."One complete set shall a Control Plans eopy of the eemplete plan be transmitted to the Union Soil and Water Conservation District (SWCD) for their review. The SWCD shall be given up to twenty (20) days to make comment on the plan. Failure of the SWCD to submit its comments to the City of Monroe Erosion Control Specialist within such time period shall not delay final action on the proposed plan by the City of Monroe Erosion Control Specialist. COMMENT: When the City of Monroe adopted the Erosion and Sedimentation Ordinance, the standard practice was for the municipality to transmit plans to the SWCD. A number of years ago submittals were stopped to Union SWCD after never receiving comment. The revision removes the City of Monroe as the middleperson and places the responsibility upon the consultant to submit directly to Union SWCD, maintaining compliance with the ordinance. Contact has been made with Alan Aldridge, District Director with Union SWCD and he is receptive to this approach. 158.18 Penalties AMEND: (A) Civil penalties. (1) Any person who violates any of the provisions of the applicable State, Federal or local laws, rules, regulations or ordinances, including this Ordinance, or rules or orders adopted or issued pursuant to applicable State, Federal or local laws, rules, regulations or ordinances, including this Ordinance, or who initiates or continues a land -disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. A person may be immediately assessed a maximum civil penalty of up to $5,000 on the date any violation is first City Council Regular Meeting April 2, 2019 Page 64 SECTION MODIFICATIONS assessed by the City of Monroe Erosion Control Specialist. An additional maximum civil penalty of up to $5,000 per day may be assessed by the City of Monroe Erosion Control Specialist from the day following the date of initial assessment of a violation, if the cure period provided in the Notice of Violation is not met. If a civil penalty is not assessed immediately on the date of assessment of a violation, the City of Monroe Erosion Control Specialist is not precluded from later assessing a penalty for that date in addition to other penalties (if any). Penalties are due and payable immediately upon assessment unless a cure period has been provided, in which case the penalties attributed to any uncured actions (or failures to act) covered by the cure period are due and payable immediately following failure to cure and lapse of the cure period. i Penalties continue to accrue until the applicable violations are corrected. When the person has not been assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land -disturbing activity for which the erosion and sedimentation control plan is required is twenty-five thousand dollars ($25,000). (2) The City of Monroe Erosion Control Specialist shall determine the amount of the civil penalty within established guidelines and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under G.S. IA-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment as provided in this Ordinance or file a request with the Sedimentation Control Commission for remission of the assessment within 60 days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based. If a violator does not pay a civil penalty assessed by the City of Monroe Erosion Control Specialist within 3"0 days after it is due, the Specialist may institute a civil action to recover the amount of the assessment. The civil action may be brought in the General Court of Justice of any county where the violation occurred or the violator's residence or principal place of business is located. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due immediately when the violator is served with a notice of assessment. An assessment that is contested by the recipient continues to accrue pending appeal, so long as the violation continues. (6) Civil penalties collected by a local government under this subsection shall be Eredited--te the general fund—e€ the loeal geTemment—as en twi r-eve-.ie. remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. i 115C-457.2. Penalties collected by the City of Monroe may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the . computation of actual collection costs by The City of Monroe for the prior fiscal year. The cost percentage shall not exceed twenty percent (20%) of penalties collected. City Council Regular Meeting April 2, 2019 Page 65 (W SECTION MODIFICATIONS COMMENT.- Revisions to 158.18 Penalties represent the most significant changes to the Erosion and Sedimentation Control Ordinance. If a person has not had a previous violation and abatement has been abated within 180 days, the maximum penalty exposure is limited to $25,000. Also provision is made for appeal to the Commission for remission of an assessment. Civil penalties will also no longer be credited to the General Fund. Mr. Loyd advised that Staff presented this matter to the Public Enterprise Committee on March 18, 2019; however, the Committee did not have a quorum. Mr. Loyd advised that it was the recommendation of Staff that Council adopt an Ordinance approving these proposed changes. CCouncil Member Keziah moved to adopt Ordinance 0-2019-14: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 158: EROSION AND SEDIMENTATION CONTROL 0-2019-14 BE IT ORDAINED by the City Council of the City of Monroe that Title XV: Land Usage, Chapter 158 — Erosion and Sedimentation Control of the City of Monroe Code of Ordinances be amended as follows: TEXT AMENDMENT Section 1. Amend §158.03 DEFINITIONS as follows: WORKINGDAYS. Days exclusive of Saturday, Sunday, Federal and State holidays during which weather conditions or soil conditions permit land -disturbing activity to be undertaken. Section 2. Amend §158.04 EXCLUSIONS as follows: (A) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: (1) Forages and sod crops, grains and feed coops, tobacco, cotton and peanuts; (2) Dairy animals and dairy products; (3) Poultry and poultry products; (4) Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats; (5) Bees and apiary products; City Council Regular Meeting April 2, 2019 Page 66 (6) Fur producing animals; (7) Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. (B) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. If land -disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land - disturbing activity on the tract. Section 3. Amend §158.04 EXCLUSIONS to add: (F) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. (G) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2. (400e Section 4. Amend §158.16 EROSION AND SEDIMENTATION CONTROL PLANS as follows: (C) One complete set shall be transmitted to the Union Soil and Water Conservation District (SWCD) for their review. The SWCD shall be given up to twenty (20) days to make comment on the plan. Failure of the SWCD to submit its comments to the City of Monroe Erosion Control Specialist within such time period shall not delay final action on the proposed plan by the City of Monroe Erosion Control Specialist. Section 5. Amend §158.18 PENALTIES as follows: (A) Civil penalties. (1) Any person who violates any of the provisions of the applicable State, Federal or local laws, rules, regulations or ordinances, including this Ordinance, or rules or orders adopted or issued pursuant to applicable State, Federal or local laws, rules, regulations or ordinances, including this Ordinance, or who initiates or continues a land -disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. A person may be immediately assessed a maximum civil penalty of up to $5,000 on the date any violation is first assessed by the City of Monroe Erosion Control Specialist. An additional maximum civil penalty of up to $5,000 per day may be assessed by the City of Monroe Erosion Control Specialist from the day following the date of initial assessment of a violation, if the cure period provided in the Notice of Violation is not met. If a civil penalty City Council Regular Meeting April 2, 2019 Page 67 is not assessed immediately on the date of assessment of a violation, the City of Monroe Erosion Control Specialist is not precluded from later /� assessing a penalty for that date in addition to other penalties (if any). (r Penalties are due and payable immediately upon assessment unless a cure period has been provided, in which case the penalties attributed to any uncured actions (or failures to act) covered by the cure period are due and payable immediately following failure to cure and lapse of the cure period. Penalties continue to accrue until the applicable violations are corrected. When the person has not been assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land -disturbing activity for which the erosion and sedimentation control 4 plan is required is twenty-five thousand dollars ($25,000). (2) The City of Monroe Erosion Control Specialist shall determine the amount of the civil penalty within established guidelines and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under G.S. IA-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment as provided in this Ordinance or file a request with the Sedimentation Control Commission for remission of the assessment within 60 days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B (4aw"e of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based. If a violator does not pay a civil penalty assessed by the City of Monroe Erosion Control Specialist within 60 days after it is due, the Specialist may institute a civil action to recover the amount of the assessment. The civil action may be brought in the General Court of Justice of any county where the violation occurred or the violator's residence or principal place of business is located. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due immediately when the violator is served with a notice of assessment. An assessment that is contested by the recipient continues to accrue pending appeal, so long as the violation continues. (6) Civil penalties collected by a local government under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by the City of Monroe may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by The City of Monroe for the prior fiscal year. The cost percentage shall not exceed twenty percent (20%) of penalties collected. Section 6. This Ordinance shall be effective upon adoption. Adopted this 2°d day of April, 2019. City Council Regular Meeting April 2, 2019 Page 68 Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 21. Public Comment Period. A. Delta Sigma Theta Sorority, Inc. Dr. Melita Mitchell spoke on behalf of Delta Sigma Theta Sorority, Inc. Dr. Mitchell advised Delta Sigma Theta Sorority, Inc. was a private not -for -profit organization whose purpose was to provide assistance and support through established programs in local communities throughout the world. Dr. Mitchell stated that they supported the organization's national agenda and delivered services and resources in Union County. Dr. Mitchell stated that Delta Sigma Theta Sorority, Inc. wanted to raise attention to Council for consideration in decision making moving forward the following: encourage Council to participate with their organization and other municipalities and community -based organizations in the formation of the Former Offenders Resource Council to support the successful reentry of former offenders in the City and the County; encourage Council to develop strategies to encourage a complete count in the upcoming Census 2020 to include ongoing education and promotion for citizens in the City on Monroe; encourage Council to partner with community -based, faith -based and other organizations towards the successful development and implementation of strategic plans (,,we related to increasing affordable housing in the City; encourage Council to aggressively work with community -based, faith -based and other organizations include their Chapter to eradicate the advancement of gangs within the City; encourage Council to work with other municipalities, local health care providers and the HIV/AIDS patient population to develop and implement strategies that would bring an infectious care physician to the County; and, encourage Council to work with other municipalities and Union County Public Schools to develop and implement strategies that would bring diverse teachers to the area who more closely represents the student population. Dr. Mitchell commended and thanked the City's Parks and Recreation Department at large and more specifically, J. Ray Shute Recreation Center Supervisor Patricia Huntley. Dr. Mitchell presented the City with a check in the amount of $2,509 which was designated to be used to purchase chairs at the J. Ray Shute Community Center. She thanked Center Programs and Facility Operations Director Ryan Jones for his assistance with this matter. There being no further business, Council Member Keziah moved to adjourn the City Council Regular Meeting of April 2, 2019 at 7:25 p.m. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting April 2, 2019 Page 69 7 C- Attest: Bridje�e H. Robinson, City Clerk - 'd el, -, Bobte G. Kilgore yor OF Mp V,�Q City Council Regular Meeting April 2, 2019 Page 70